The URL can be used to link to this page

Home My WebLink AboutSR-2026-005 Lukatsky 129 Hayes Rd CENT demo rebuild NC Lot SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2026-005 – Lukatsky Section 240-91 H. (3) Developed Lot protection, demolition and rebuilding on nonconforming lots To allow the demolition of the existing dwelling and construction of a new dwelling with additional square footage Date: February 27, 2026 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Lana and Edward Lukatsky Property Address: 129 Hayes Ave, Centerville, MA Assessor's Map/Parcel: 210/095 Zoning: Residence D-1 (RD-1) Filed: February 12, 2026 Hearing: March 11, 2026 Decision Due: May 25, 2026 Copy of Public Notice Lana and Edward Lukatsky have applied for a Special Permit pursuant to Section 240-291-H(3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicants propose to demolish the existing 1.5-story, single-family dwelling and replace it with a 2.5-story, two- bedroom dwelling on a similar footprint. The existing and proposed dwellings do not meet the front yard setback requirement (30 feet), but the proposed front yard setback will remain 17.1 feet. The subject property is located at 129 Hayes Road, Centerville, MA as shown on the Assessor’s Map 210 as Parcel 095. It is located in the Residence D-1 (RD-1) Zoning District and the Resource Protection Overlay District (RPOD). Background Lana and Edward Lukatsky have applied for a Special Permit pursuant to Section 240-91 H. (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicants propose to demolish the existing 1.5-story, single-family dwelling and replace it with a 2.5-story, two- bedroom dwelling on a similar footprint. The existing and proposed dwellings do not meet the front yard setback requirement (30 feet), but the proposed front yard setback will remain 17.1 feet. The subject property is located at 129 Hayes Road, Centerville, MA. The subject lot is 0.45 acres with a 2 bedroom, single family dwelling with 1,367 square feet of living area (2,148 gross) and constructed in 1967. The area consists of various size residential 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: (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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2026-005 – Lukatsky 2 (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 Lana and Edward Lukatsky have applied for a Special Permit pursuant to Section 240-291-H(3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicants propose to demolish the existing 1.5-story, single-family dwelling and replace it with a 2.5-story, two- bedroom dwelling on a similar footprint. The existing and proposed dwellings do not meet the front yard setback requirement (30 feet), but the proposed front yard setback will remain 17.1 feet. The subject property is located at 129 Hayes Road, Centerville, MA. The existing dwelling front yard setback is 17.1 feet where 20 feet is required, and complies with side yard and rear yard setbacks where 10 feet is required. The existing lot coverage is 1,431 square feet (10.5%). The existing Floor Area Ratio is 1,367 square feet (10%). The proposed dwelling front yard setback is 17.1 feet where 20 feet is required, and complies with side yard and rear yard setbacks where 10 feet is required. The proposed lot coverage is 1,849 square feet or 13.6% where 20% is maximum, and the proposed Floor Area Ratio is 3,740 square feet or 27.4% where 30% is the maximum. 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: 13.6% (20% maximum) – 1,849 square feet (2,726 square feet allowed) • Floor-Area Ratio: 27.4% (30% maximum) – 3,740 square feet (4,089 square feet allowed) • Building Height: 20.5 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 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2026-005 – Lukatsky 3 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 proposed front yard setback remains at 17.1 feet and the side yard and rear yard setbacks will remain the same and complies with the required 10 feet. 5. proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is greater. The proposed lot coverage is 13.6%, 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 existing FAR is 10% and the proposed FAR is 27.4%, which does not exceed the threshold. 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 proposed height for the proposed dwelling is 20.5 feet. 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. Suggested Conditions Should the Board find to grant Special Permit No. 2026-005, it may wish to consider the following conditions: 1. Special Permit No. 2026-005 is granted to Lana and Edward Lukatsky pursuant to Section 240-291-H(3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots to demolish the existing 1.5-story, single-family dwelling and replace it with a 2.5-story, two- bedroom dwelling on a similar footprint. The existing and proposed dwellings do not meet the front yard setback requirement (30 feet), but the proposed front yard setback will remain 17.1 feet at 129 Hayes Road, Centerville, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan Proposed Improvements at 129 Hayes Road Barnstable (Centerville) Mass” by Sullivan Engineering & Surveying, Inc., Dated January 14, 2026. 3. The total lot coverage of all structures on the lot shall not exceed 13.6% where the maximum is 20%, and the floor-area ratio shall not exceed 27.4% 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2026-005 – Lukatsky 4 Copies: Applicant (c/o Attorney Paul Revere) Attachments: Application Plans