HomeMy WebLinkAboutSR-2026-001 Littleton 23 Hayward Rd CENT DCPC SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2026-001 – Littleton
To construct a garage and second floor addition which encroach into the setback
Date: January 30, 2026
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Robert F. Littleton
Property Address: 23 Hayward Road, Centerville, MA
Assessor's Map/Parcel: 186/057
Zoning: Craigville Beach District (CBD) and the Centerville River North Bank
(CRNB) Neighborhood Overlay Zoning District
Filed: January 9, 2026 Hearing: February 11, 2026 Decision Due: April 19, 2026
Copy of Public Notice
Robert F. Littleton has applied for a Special Permit pursuant to Section 240-131.4 D. (2) Expansion
of Encroachment into Sideline Setback. The Applicant seeks to construct a second-floor game room
over an existing first-floor family room and a ground-level garage. The Applicant also seeks to
construct an adjacent bathroom off the game room. The existing structure is 3.5 feet from the side
yard setback where 10 feet is required. The existing gross floor area is 6,407 sq. ft. and the
proposed gross floor area is 6,729 sq. ft. The subject property is located at 23 Hayward Road,
Centerville, MA as shown on Assessor’s Map 186 as Parcel 057. 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 .69 acres and is located on Hayward Road overlooking the
Centerville River, Centerville. The area is single family residential with a mixture of lot sizes and
dwelling sizes. According to the Assessors records, the lot is currently developed with a single family
dwelling containing 2,413 square feet of living area (6,407 gross), 3-bedrooms, and constructed in
1980.
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
Robert F. Littleton has applied for a Special Permit pursuant to Section 240-131.4 D. (2) Expansion
of Encroachment into Sideline Setback. The Applicant seeks to construct a second-floor game room
over an existing first-floor family room and a ground-level garage. The Applicant also seeks to
construct an adjacent bathroom off the game room. The existing structure is 3.5 feet from the side
yard setback where 10 feet is required. The existing gross floor area is 6,407 sq. ft. and the
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2026-001 – Littleton
2
proposed gross floor area is 6,729 sq. ft. The existing setbacks are not changing. The subject
property is located at 23 Hayward Road, 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.
Suggested findings are as follows:
1. The application falls within a category specifically excepted in the ordinance for a
grant of a special permit:
Section 240-125 allows for a Special Permit.
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.
3. The single-family nature of the property and of the accessory nature of the
detached structure are preserved.
Under DCPC, Section 240-131.4 D.(2) By Special Permit
(a) The alteration or expansion of an existing conforming or nonconforming lawfully established
building or structure in lawful existence at the time of adoption of §§ 240-131 through 240-131.8 that
does not qualify under the as-of-right provisions above shall be permitted only by a special permit
from the SPGA. In granting such special permit, the SPGA shall find that the proposed alterations
and/or expansions:
[1] Are not substantially more detrimental to the environment, community and/or historic
character of the neighborhood than the existing building or structure.
[2] Comply with § 240-131.1, Purposes and intent, and with the performance standards and
design guidelines for the neighborhood overlay area in which the development is located, in
accordance with § 240-131.7, Neighborhood District Overlay regulations, with the exception
of the dimensional requirements of § 240-131.7D(1).
[3] Do not entail an increase in gross floor area or footprint for voluntary demolition of a
single-family residence.
[4] Do not exceed 25% of the gross floor area of structures in existence as of July 1, 1989, or
do not exceed 10% of the gross floor area of structures in existence as of November 6, 2009.
[5]Do not increase lot coverage over what is allowed under § 240-131.6, Coverage
limitations, or by more than 10% over what was existing on November 6, 2009, whichever is
greater.
[6] Do not increase flood hazards in the neighborhood.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2026-001 – Littleton
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[7] Maintain or enhance views to Nantucket Sound and/or the Centerville River where
applicable in accordance with § 240-131.5, Note 4.
[8]In V Zones, do not increase south-facing building surfaces so as to limit the adverse effect
of increasing elevation or velocity of floodwaters due to a change in flowage characteristics
on the subject site, adjacent properties, or any public or private way.
E. Special permit for dimensional relief. The SPGA may provide relief from minimum yard setbacks
when such relief ensures that the proposed development:
(1)Is consistent with § 240-131.1, Purposes and intent;
(2) Is consistent with the performance standards for the neighborhood district where the
development is located in accordance with § 240-131.7, Neighborhood Overlay regulations;
and
(3)The applicant demonstrates undue hardship without desired relief.
G. Centerville River North Bank Neighborhood.
(1) Permitted principal uses. The following principal uses are permitted in the Centerville
River North Bank Neighborhood Overlay area subject to the performance standards listed
below:
(a) Single-family residence.
(2) Permitted accessory uses. Customary and incidental uses and structures are permitted in
the Centerville River North Neighborhood Overlay area subject to the use limitations and
performance standards listed in § 240-131.7D.
(3) Neighborhood performance standards. All development and redevelopment shall meet
the following standards:
(a) Tree removal or vista pruning shall not interrupt the treeline as viewed from the
south looking northward to the treeline.
(b)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.
(c)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.
(d) 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. 2026-001, it may wish to consider the
following conditions:
1. Special Permit No. 2026-001 is granted to Robert F. Littleton pursuant to Section 240-131.4 D.
(2) Expansion of Encroachment into Sideline Setback to construct a second-floor game room
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2026-001 – Littleton
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over an existing first-floor family room and a ground-level garage and to construct an adjacent
bathroom off the game room. The existing structure is 3.5 feet from the side yard setback where
10 feet is required. The existing gross floor area is 6,407 sq. ft. and the proposed gross floor
area is 6,729 sq. ft. The subject property is located at 23 Hayward Road, Centerville, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled “Site
Plan of #23 Hayward Road Centerville MA” by Down Cape Engineering, dated December 30,
2025.
3. The proposed development shall represent full build-out of the lot. Further 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.
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 (c/o Attorney Mark Boudreau)
Attachments: Application
Plans