HomeMy WebLinkAboutFm Att Nickerson ZBA Memorandum with Exhibits 1
MEMORANDUM
TO: Zoning Board of Appeals
FROM: Patrick R. Nickerson, Esq.
SUBJECT APPEAL NO.: Appeal No. 2025-036 Special Permit
HEARING DATE: December 10, 2025
APPLICANT: William M. and Susan B. Sullivan
PROPERTY: 990 Main Street, Cotuit, MA 02635
ASSESSOR’S MAP: Map 034, Parcel 034
LOT SIZE: 12,975 Sq. Ft. ± (0.30 acres) (Developed Lot)
ZONING DISTRICT: RF- Residence F Zoning District; Resource Protection Overlay
District, Dock & Pier Overlay District
GROUND WATER
OVERLAY DISTRICT: AP - Aquifer Protection Overlay District
RELIEF REQUESTED: Applicants are seeking to modify Special Permit No. 2006-76
pursuant to Section 240-91 H (3) - Non-Conforming Lot –
Developed Lot Protection.
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BACKGROUND AND PROCEDURAL HISTORY
The Applicant has previously submitted a project narrative with exhibits (“Project Narrative”) and
provides this Memorandum to assist the Zoning Board of Appeals in advance of the hearing.
The subject premise is located at 990 Main Street, Cotuit, MA (hereinafter “Locus”), shown as
Parcel 034 on the Town of Barnstable Assessor’s Map 034, a copy of which is attached hereto as
Exhibit 1 for your review.
The Applicant, William M. and Susan B. Sullivan, acquired title to Locus by a deed dated
December 18th, 2020, recorded with the Barnstable County Registry of Deeds in Book 19042 Page
328. A copy of the Deed is attached hereto as Exhibit 2 for your review. Locus is served by
municipal water and an on-site septic system.
Locus is subject to Special Permit No. 2006-076 (“Original Special Permit”); a copy of which is
provided with the Project Narrative. The Original Special Permit authorized the complete teardown
of the single-family dwelling and the construction of a two-and-a-half-story, three-bedroom, three-
bathroom single-family dwelling. Although Locus contains the requisite 10,000 square feet, the
proposed side yard setbacks of the new dwelling did not meet the fifteen feet required under current
zoning, necessitating a special permit. The Original Special Permit was issued on this basis and
was recorded in the Barnstable County Registry of Deeds on October 4, 2006.
Condition #2 of the Original Special Permit prohibited the barn from being converted into a
habitable area. Condition #7 treated the redevelopment as “full build out of the property” and
provided that “[t]he structures authorized shall not be expanded nor other buildings and structures
added without prior permission of this Board.”
DESCRIPTION OF PROPOSED PROJECT
As more fully described in the Project Narrative, the Applicants are seeking to amend Conditions
#2 and #7 of the Original Special Permit to:
A. Approve their conversion of the barn into a Garage having 300 square feet of habitable
space.
B. Allow for the demolition and removal of the deck to the rear of the single-family dwelling
and to construct a new 12.5’ x 19.5’ swim spa and 23’ x 27’ patio.
C. Update and modify certain technical components of the Special Permit relating to lot size,
lot coverage, floor area, floor area ratio, and setbacks, pursuant to the Site Plan submitted
with this Application.
ZONING BACKGROUND
Locus predates dimensional zoning requirements in the Town of Barnstable. It was created by a
plan dated February 11, 1947, as recorded in the Barnstable County Registry of Deeds in Plan
Book 76 Page 139. See Exhibit 3. A historical aerial photo Locus showing the former single-
family dwelling and barn in 1951/1952 is attached hereto as Exhibit 4 for your review.
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Based upon research of the Town of Barnstable Zoning Ordinance, in 1956, the lot was zoned
RB-1, requiring a minimum lot size of 10,000 square feet and requiring a front setback of twenty
(20) feet and side and rear setbacks of ten (10) feet. The zoning change in 1956 rendered the
single-family dwelling and barn nonconforming, as they were not then in compliance with the
side yard setbacks. In 1969, Locus was rezoned RF, and the minimum lot size was increased to 1
acre, the front setback was increased to thirty feet, and the side and rear setbacks were increased
to fifteen feet. The 1969 zoning change made Locus nonconforming and increased the degree of
nonconforming setbacks. In 2000 the minimum lot size in the Resource Protection Overlay
District increased the minimum lot size to two acres.
SPECIAL PERMIT CONDITIONS AND ARGUMENT
Section 240-125C requires this Board to find that the application falls within a category of the
Zoning Ordinance that specifically authorizes the Zoning Board to grant a Special Permit. The
Board has the authority to modify the Original Special Permit.
Further, the Board must find that the proposed project, based upon the evidence presented, does
not derogate from the spirit and intent of the Zoning Ordinance and that it is not substantially
more detrimental to the public good or the neighborhood affected.
The conversion of the barn into a garage with a finished space is not substantially more detrimental
to the public good or the neighborhood affected than the former barn. It has no bedrooms and is
not a dwelling; therefore, there has not been an intensification of use. The finished space is a net
improvement to the public good and the neighborhood, as it improves the value of Locus. Further,
the finished space is desirable given its use as an office. Given the increased prevalence of remote
work in today’s economy, there is an increased demand for finished spaces that could be devoted
to office uses. For all of these reasons, the conversion of the barn into a garage with finished space
may be permitted without derogating from the spirit and intent of the Zoning Ordinance.
The demolition and removal of the deck to the rear of the single-family dwelling and construction
of a new 12.5’ x 19.5’ swim spa and 23’ x 27’ patio may be permitted without derogating from the
spirit and intent of the Zoning Ordinance, and is not substantially more detrimental to the public
good or neighborhood affected. Although lot coverage will increase slightly, it remains under the
maximum permitted by 240-91(H). The pool and patio will not be visible from a public way, will
improve the value of Locus, and the improvements amount to a net benefit to the public good and
the neighborhood affected. The positive impact of these improvements is evidenced by letters of
support from the direct abutters, Susan and Charles Nardone of 994 Main Street, and Bill and
Kathy LaPoint of 980 Main Street.
Finally, the Board may find and modify the technical components of the Special Permit regarding
lot size, lot coverage, floor area, floor area ratio, and setbacks as set forth in the Project Narrative
and in accordance with the Site Plan submitted with this Application. The only physical changes
to the Site are related to the proposed pool and patio. There are no proposed changes to setbacks.
For this reason, these de minimus changes may be permitted without derogating from the spirit
and intent of the Zoning Ordinance, and is not substantially more detrimental to the public good
or neighborhood affected.
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CONCLUSION
Based on the foregoing, we submit to this Board that the Applicant meets the requirements for a
Modification of the Original Special Permit pursuant to the zoning ordinance. We ask that you
vote in favor of the Modification of Original Special Permit as requested.
Respectfully Submitted,
/s/ Patrick R. Nickerson
________________________________
Patrick R. Nickerson
Attorney for William M. and Susan B. Sullivan
1550 Falmouth Road, Suite 12
Centerville, MA 02632
508-771-9300
patrick@jwkesq.com
1,000.00
This map is for illustration purposes only. It is not
adequate for legal boundary determination or
regulatory interpretation. This map does not represent
an on-the-ground survey. It may be generalized, may not
reflect current conditions, and may contain
cartographic errors or omissions.
Parcel lines shown on this map are only graphic
representations of Assessor’s tax parcels. They are
not true property boundaries and do not represent
accurate relationships to physical objects on the map
such as building locations.
167083
Feet
feetApprox. Scale: 1 inch =83
Legend
Town of Barnstable GIS Unit
367 Main Street, Hyannis, MA 02601
508-862-4624
gis@town.barnstable.ma.us
Map printed on:12/4/2025
Road Names
Exhibit 1
Exhibit 2
Exhibit 3
EXHIBIT 4