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HomeMy WebLinkAboutSR-2025-033 Champ Homes INC 75 School St HY Dimensional Variance Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Variance No. 2025-033 – Champ Homes Inc Section 240-24.1.8 Table 5 Dimensional Standards in the Downtown Neighborhood (DN) District (rear setback) To construct a 2-story residential building which does not comply with rear setback Date: October 24, 2025 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioner: Champ Homes Inc Property Location: 75 School Street, Hyannis, MA Assessor's Map/Parcel: 327/258 Zoning: Downtown Neighborhood (DN) Zoning District Filed: October 15, 2025 Hearing: November 12, 2025 Decision Due: January 23, 2026 Copy of Public Notice Champ Homes, Inc has petitioned for a Variance pursuant to Section 240-24.1.8 Table 5 Dimensional Standards in the Downtown Neighborhood District. The Petitioner seeks to construct a two-story, 6,588 sq. ft. multi-unit residential building to be operated in conjunction with its transitional housing program known as Champ Homes. The subject property is located at 75 School Street, Hyannis, MA as shown on Assessor’s Map 327 as Parcel 258. It is located in the Downtown Neighborhood (DN) Zoning District. Background The subject property is 0.51 acres with one main structure of 7-bedrooms, 2,648 square feet of living area (4,241 gross) constructed in 1910. There are two accessory structures on site: one appears to be a pavilion, and the other appears to be a garage. The area is residential in nature with various lot sizes. Proposal & Relief Requested Champ Homes, Inc has petitioned for a Variance pursuant to Section 240-24.1.8 Table 5 Dimensional Standards in the Downtown Neighborhood District. The Petitioner seeks to construct a two-story, 6,588 sq. ft. multi-unit residential building, which will not comply with the rear setback requirement, to be operated in conjunction with its transitional housing program known as Champ Homes. The proposed rear setback is 10.5 feet and the required rear setback is 20 feet. The subject property is located at 75 School Street, Hyannis, 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 Town of Barnstable Planning and Development Department Staff Report Variance No2025-033 – Champ Homes Inc 2 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. Variance Findings The statutory requirement of MGL Chapter 40A, Section 10 for granting a Variance is a three- prong test. The Board is required to find that each of the following three requirements has been met in order to consider granting the variance: 1. owing to circumstances related to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located; 2. a literal enforcement of the provisions of the zoning ordinance would involve substantial hardship, financial or otherwise to the petitioner; and 3. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. An application for a Variance that has met all three requirements “does not confer … any legal right to a Variance.” The Board still has the discretionary power to grant or not to grant the Variance. Suggested Variance Conditions Should the Board find to grant the Variance, it may wish to consider the following conditions: 1. Variance No. 2025-033, pursuant to Section 240-24.1.8 Table 5 Dimensional Standards in the Downtown Neighborhood District to construct a two-story, 6,588 sq. ft. multi-unit residential building which will have a rear setback of 10.5 feet and the required rear setback is 20 feet, to be operated in conjunction with its transitional housing program known as Champ Homes at 75 School Street, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Utilities/Grading Site Plan of 75 and 83 School Street Hyannis, MA” by Down Cape Engineering, Inc., dated December 12, 2023 with a last revision date of May 15, 2025. 3. The proposed development shall represent full build-out of the lot. Further construction of additional accessory structures is prohibited without prior approval from the Board. 4. All mechanical equipment associated with the structure (air conditioners, electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. 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 variance must be exercised within one year, unless extended. Copies: Applicant (Attorney Boudreau) Attachments: Application Plans