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Home My WebLink AboutSR-2025-036 Sullivan 990 Main St COT NC Lot Mod SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2025-036 – Sullivan Section 240-91 H. (3) Developed Lot protection, demolition and rebuilding on nonconforming lots To allow the modification of Special Permit No. 2006-76 to allow for conversion of the barn, remove deck, and construct a 395 sq ft swim spa and patio Date: November 18, 2025 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: William M. and Susan B. Sullivan Property Address: 990 Main Street, Cotuit, MA Assessor's Map/Parcel: 034/034 Zoning: Residence F (RF) Filed: November 12, 2025 Hearing: December 10, 2025 Decision Due: February 20, 2026 Copy of Public Notice William and Susan Sullivan have applied for a Modification of Special Permit No. 2006-076 pursuant to Section 240-91 H. Developed Lot Protection; Demolition/Rebuilding on a Nonconforming Lot. The Applicants are seeking modifications to approve the conversion of the existing barn into a garage with finished office, remove the existing deck and construct a 395 sq. ft. swim spa and a 23’ x 27’ patio, and revise and update lot area, lot coverage, setbacks, floor areas, and floor area ratios per engineer’s plan. The subject property is located at 990 Main Street, Cotuit, MA as shown on Assessor’s Map 034 as Parcel 034. It is located in the Residence F (RF) Zoning District. Background William and Susan Sullivan have applied for a Modification of Special Permit No. 2006-076 pursuant to Section 240-91 H. Developed Lot Protection; Demolition/Rebuilding on a Nonconforming Lot. The Applicants are seeking approval for having converted their barn into a garage with finished office having 300 square feet of habitable space. The Applicants acknowledge that this violated the 2006 Special Permit conditions and should have been before Zoning Board of Appeals earlier for a modification of the 2006 Special Permit. The Applicants are also seeking permission to demolish and remove the deck to the rear of the single-family dwelling and to construct a new 12.5 ft by 19.5 ft swim spa and 23 ft by 27 ft patio. The subject property is located at 990 Main Street, Cotuit, MA. The subject lot is 0.31 acres with two separate dwellings. The first dwelling contains 3-bedrooms, 3,072 square feet of living area (7,310 gross) and constructed in 2006. The second dwelling contains 1-bedroom, 315 square feet of living area (1,191 gross) and constructed in 2007. The lot overlooks Cotuit Bay and is accessed by a dirt driveway from Main Street, Cotuit. The neighborhood is residential with a mixture of sized lots. Section 240-91 H. reads: (3) By special permit. If the proposed demolition and rebuilding cannot satisfy the criteria established in Subsection H(1) above, then the Zoning Board of Appeals may allow the demolition and rebuilding by special permit, provided that the Board finds that: Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-036 – Sullivan 2 (a) If the proposed new dwelling does not comply with Subsection H(1)(a) above, then the proposed yard setbacks must be equal to or greater than the yard setbacks of the existing building; and (b) All the criteria in Subsection H(1)(b)[1], [2] and [3] above are met. (c) The proposed new dwelling would not be substantially more detrimental to the neighborhood than the existing dwelling. (d) This section shall only apply to Subsection H(2) to the extent that the proposed demolition and rebuilding cannot satisfy the criteria established in Subsection H(1) above and shall not be available for relief from any of the other provisions of Subsection H(2). Proposal & Relief Requested William and Susan Sullivan have applied for a Modification of Special Permit No. 2006-076 pursuant to Section 240-91 H. Developed Lot Protection; Demolition/Rebuilding on a Nonconforming Lot. The Applicants are seeking modifications to approve the conversion of the existing barn into a garage with finished office, remove the existing deck and construct a 395 sq. ft. swim spa and a 23’ x 27’ patio, and revise and update lot area, lot coverage, setbacks, floor areas, and floor area ratios per engineer’s plan. The subject property contains 12,975 square feet and located at 990 Main Street, Cotuit, MA as shown on Assessor’s Map 034 as Parcel 034. It is located in the Residence F (RF) Zoning District. The existing and proposed side yard setbacks of the single-family dwelling are 9.8 ft on the northern boundary and 7.5 ft on the southern boundary. A previous foundation plan indicated different setbacks and have requested the Board make a finding for correct setbacks. The single-family dwelling has no front setback, and its rear setback is Cotuit Harbor. The existing and proposed gross floor area of the single-family dwelling is 3,833 sq ft and the existing and proposed gross floor area ratio of the single family dwelling is 29.5%. The existing and proposed gross floor area of the Garage/Barn is 300 sq ft and the existing and proposed setbacks of the Garage/Barn are: front 35.3 ft, side 9.7 ft, side 8.7 ft. The rear setback is Cotuit Harbor. The side yard setbacks of the proposed swim spa are 6.7 ft and 9.4 ft. Section 240-91 H.(3) requires a special permit for all demolition and rebuilding projects if the proposed demolition and rebuilding cannot satisfy the criteria under Section 240-91 H. (1) “As of Right”, but the following criteria must be met: • Lot Coverage: 19.9% (20% maximum) – 2.590 square feet (2,595 square feet allowed) • Floor-Area Ratio: 29.5% (30% maximum) – 3,833 square feet (3,892 square feet allowed) • Building Height: 23.5 feet (30 feet maximum) 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 Special Permit No. 2025-036 – Sullivan 3 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. 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. Section 240-91 H. (3) allows for the demolition and rebuilding of a residence on a nonconforming lot. 2. Site Plan Review is not required for single-family residential dwellings. 3. 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, Section 240-91 H. (3) requires the Board to find that if the proposed demolition and rebuilding cannot satisfy the criteria established is H. (1) As-Of-Right, then the Board may allow the demolition and rebuilding by Special Permit provided the Board finds that: 4. The proposed yard setbacks must be equal to or greater than the yard setbacks of the existing building. The setbacks for both dwellings are not changing. The proposed setbacks for the swim spa are 6.7 ft and 9.4 ft. 5. The proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is greater. The proposed lot coverage is 19.9%, less than maximum. 6. The floor area ratio shall not exceed 0.30 or 30% the existing floor area ratio of the structure being demolished, whichever is greater. The proposed gross floor area is 29.5%. 7. The building height, in feet, shall not exceed 30 feet to the highest plate and shall contain no more than 2 ½ stories. The height of the dwelling is 23.5 feet and will not change. The Board is also asked to find that: 8. The proposed new dwelling would not be substantially more detrimental to the neighborhood than the existing dwelling. 9. The existing and proposed side yard setbacks of the single family dwelling are 9.8 ft on the northern boundary and 7.5 ft on the southern boundary. Suggested Conditions Should the Board find to grant Special Permit No. 2025-036, it may wish to consider the following conditions: 1. Special Permit No. 2025-036 is granted to William and Susan Sullivan for a Modification of Special Permit No. 2006-076 pursuant to Section 240-91 H. Developed Lot Protection; Demolition/Rebuilding on a Nonconforming Lot to approve the conversion of the existing barn into a garage with finished office, remove the existing deck and construct a 395 sq. ft. swim spa and a 23’ x 27’ patio, and revise and update lot area, lot coverage, setbacks, floor areas, and floor area ratios per engineer’s plan. The subject property is located at 990 Main Street, Cotuit, MA . Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2025-036 – Sullivan 4 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan Proposed Improvements at 990 Main Street Barnstable (Cotuit) Mass” by Sullivan Engineering & Consulting Inc, dated July 25, 2022, with a last revision date of October 9, 2025. 3. The total lot coverage of all structures on the lot shall not exceed 19.9% where the maximum is 20%, and the floor-area ratio shall not exceed 29.5% where the maximum is 30%. 4. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the dwelling or construction of accessory structures is prohibited without prior approval from the Board. 5. All mechanical equipment associated with the dwelling (air conditioners, electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. 6. The decision shall be recorded at the Barnstable County Registry of Deeds/Land Court and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building Division prior to issuance of the building permit. The rights authorized by this special permit must be exercised within two years, unless extended. Copies: Applicant (c/o Attorney Patrick Nickerson) Attachments: Application Plans