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HomeMy WebLinkAboutSR-2025-034 Connolly 789 South Main St CENT DCPC SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2025-034 – Connolly Section 240-131.4. Craigville Beach District Use Regulations Section 240-131.4. (E) Special Permit for Dimensional Relief Requesting dimensional relief from the front yard setback where 9.7 feet exists for the detached garage to a less nonconforming 10.5 feet for the proposed garage Date: October 28, 2025 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Sarah T. Connolly, Trustee Property Address: 789 South Main Street, Centerville, MA Assessor's Map/Parcel: 185/014 Zoning: Craigville Beach District (CBD) and Centerville River North Bank Neighborhood (CRNB) Zoning District Filed: October 16, 2025 Hearing: November 12, 2025 Decision Due: January 24, 2026 Copy of Public Notice Sarah T. Connolly, Trustee of 789 South Main Street Nominee Trust, has applied for a Special Permit pursuant to Section 240-131.4 E. Special Permit for Dimensional Relief. The Applicant is seeking dimensional relief to construct an attached garage with a 10.5 ft. front yard setback, where presently exists a detached garage with a 9.7 ft. front yard setback. The subject property is located at 789 South Main Street, Centerville, MA as shown on Assessor’s Map 185 as Parcel 014. It is located in the Craigville Beach District (CBD) and the Centerville River North Bank (CRNB) Neighborhood Overlay Zoning District. Background The subject property consists of .99 acres and is located between South Main Street and the Centerville River. The area is single family residential with a variety of sized lots with a variety of sized dwellings. According to the Assessors records, the lot is currently developed with one single family dwelling containing 9-bedrooms, 4,145 square feet of living area (8,317 gross), and constructed in 1870. The property is within the Craigville Beach District, an area designated by the Cape Cod Commission as a District of Critical Planning Concern. The Craigville Beach DCPC was initiated by village residents concerned with the changing character of the area and adverse impacts to the Centerville River. The DCPC addresses issues related to natural and ecological resources; cultural, historic and architectural resources; natural hazards; wastewater management; and waterfront management. The regulations contained in Section 240-131 are the adopted DCPC implementing regulations. These implementing regulations are the means by which all development is regulated within the district; grandfathering provisions and/or nonconforming rights conferred by M.G.L. Chapter 40A do not apply within the Craigville Beach District. Proposal & Relief Requested Sarah T. Connolly, Trustee of 789 South Main Street Nominee Trust, has applied for a Special Permit pursuant to Section 240-131.4 E. Special Permit for Dimensional Relief. The Applicant is seeking dimensional relief to construct an attached garage with a 10.5 ft. front yard setback, where Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-034 – Connolly 2 presently exists a detached garage with a 9.7 ft. front yard setback. The subject property is located at 789 South Main Street, Centerville, MA Procedure - NEW A complete application has been received and as such the Board shall open the hearing by vote of the Board. The Board shall then assign members and hear the matter before them. If the Board needs additional information the Board may continue this matter to a date certain. Once the Board has exhausted their review the Board shall motion to close the public hearing. At this time no new information or public comment is to be accepted by the Board. The Board shall now deliberate render a decision. When rendering a decision, a motion shall be made to (approve, approve with conditions, or deny) with the following findings and conditions. The Board shall state findings and may state or reference proposed conditions. Once findings and conditions are completed, a second is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote. Lastly a vote is then called for. Proposed Special Permit Findings For all Special Permits, the Board is required to make general findings pursuant to § 240-125(C). The Board should review the evidence presented by the Applicant, staff, and members of the public and, after weighing such evidence, is encouraged to articulate if and how the evidence contributes to each of the required findings. Staff has outlined all of the findings required by the DCPC ordinance. 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit: Section 240-131.4 (E) allows for demolishing and rebuilding of lawfully existing structures with a Special Permit from the Board. 2. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. Further, §240-131.4 of the Craigville Beach DCPC ordinance states that in granting a special permit, the Board shall find that: 3. The proposed alteration/expansions are not substantially more detrimental to the environment, community and/or historic character of the neighborhood than the existing building or structure. Comply with § 240-131.1, Purposes and intent: The purpose and intent of §240-131 through 240-131.8 are to guide development in the Craigville Beach District pursuant to the Guidelines of Barnstable County Ordinance 09-10 to ensure that development and redevelopment meets the following standards: 4. Contributes to and respects the character and historic development patterns of the area and minimizes inconsistent development and redevelopment impacts to the historic and community character resources in this area. 5. Protects and preserves scenic views and vistas and ways to the water. 6. Protects and improves natural resources, including but not limited to the barrier beach and groundwater and coastal water quality and minimizes development and redevelopment impacts to the natural resources and ecosystems in this district. 7. Protects human life and property from the hazards of periodic flooding; Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-034 – Connolly 3 8. Preserves the natural flood control characteristics and the flood control function of the floodplain; 9. Preserves and maintains the groundwater table and water recharge areas within the floodplain. As the entire complex of coastal wetland resources moves landward due to relative sea level rise, the Craigville Beach area's coastal floodplains immediately landward of salt marshes, coastal beaches, barrier beaches, coastal dunes, and coastal banks require special protection. and with the general performance standards and design guidelines for the neighborhood overlay area in which the development is located, in accordance with § 240-131.7 G., Neighborhood District Overlay regulations: 10. Tree removal or vista pruning shall not interrupt the treeline as viewed from the south looking northward to the treeline. 11. No development or redevelopment shall be permitted within V Zones, except that existing structures may be changed or altered, provided that there is no increase in gross floor area, footprint, or intensity of use (including but not limited to increases in wastewater flow and impervious area) within the V Zone. 12. Any activity or development in a V Zone that creates an adverse effect by increasing elevation or velocity of floodwaters due to a change in drainage or flowage characteristics on the subject site, adjacent properties or any public or private way is prohibited. A proposed activity shall not result in flood damage due to filling which causes lateral displacement of floodwaters that, in the judgment of the SPGA, would otherwise be confined to said area. The burden of proof for this standard rests with the applicant and shall require certification by a professional engineer. 13. Open foundations shall be designed to accommodate only the height required to elevate the lowest structural member two feet above the BFE in V Zones and one foot above BFE in A Zones. For all new construction and substantial improvements within the V Zones, the space below the lowest floor must either be free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. Suggested Conditions Should the Board find to grant the Special Permit No. 2025-34 it may wish to consider the following conditions: 1. Special Permit No. 2025-034 is granted to Sarah T. Connolly, Trustee of 789 South Main Street Nominee Trust, pursuant to Section 240-131.4 E. Special Permit for Dimensional Relief to construct an attached garage with a 10.5 ft. front yard setback, where presently exists a detached garage with a 9.7 ft. front yard setback at 789 South Main Street, Centerville, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan Existing Conditions at 789 South Main Street Barnstable (Centerville) Mass” prepared by Sullivan Engineering & Consulting Inc dated October 6, 2025. 3. The proposed development shall represent full build-out of the lot. Any expansion of the dwelling or construction of additional accessory structures is prohibited without prior approval from the Board. 4. All mechanical equipment associated with the dwelling (air conditioners, electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-034 – Connolly 4 5. The decision shall be recorded at the Barnstable County Registry of Deeds and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building Division prior to the issuance of a building permit. The rights authorized by this special permit must be exercised within two years, unless extended. Copies: Applicant (Attorney Michael Schulz) Attachments: Application Plans