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HomeMy WebLinkAboutSR-2026-019 Moore 76 Nyes Neck Rd CENT NC SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2026-019 – Moore 240-92 B. Nonconforming Structures used as single and two family residences Proposed addition will increase the preexisting nonconforming setback from 21.7 to 20.5 Date: July 24, 2026 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicants: Giles and Constance Moore Property Location: 76 Nyes Neck Road, Centerville, MA Assessor's Map/Parcel: 233/035 Zoning: Residence D-1(RD-1) Zoning District Filed: July 14, 2026 Hearing: August 12, 2026 Decision Due: October 22, 2026, 2026 Copy of Public Notice Giles and Constance Moore have applied for a Special Permit pursuant to 240-92 B. Nonconforming Buildings or Structures Used as Single- and Two-Family Residences. The Applicants proposes an addition to the front of the dwelling that increases the preexisting nonconformity. The existing dwelling has a front setback of 21.7 ft. and the proposed addition has a setback of 20.5 ft. The subject property is located at 76 Nyes Neck Road, Centerville, MA as shown on Assessor’s Map 233 as Parcel 035. It is located in the Residence D-1 (RD-1) Zoning District. Background The subject property is a 0.26 acre parcel containing a 3-bedroom dwelling with 1,396 square feet of living area (1,724 square feet gross) constructed in 1945. The lot has frontage on Nyes Neck Road east and overlooks Bearse Pond. The area is residential with a variety of shape lots. § 240-92 Nonconforming buildings or structures used as single- and two-family residences. A preexisting nonconforming building or structure that is used as a single- or two-family residence may be physically altered or expanded only as follows: A. As of right. If the Building Commissioner finds that: (1) The proposed physical alteration or expansion does not in any way encroach into the setbacks in effect at the time of construction, provided that encroachments into a ten-foot rear or side yard setback and twenty-foot front yard setback shall be deemed to create an intensification requiring a special permit under Subsection B below; and (2) The proposed alteration or expansion conforms to the current height limitations of this chapter. B. By special permit. If the proposed alteration or expansion cannot satisfy the criteria established in Subsection A above, the Zoning Board of Appeals may allow the expansion by special permit, provided that the proposed alteration or expansion will not be substantially more detrimental to the neighborhood than the existing building or structure. Town of Barnstable Planning and Development Department Staff Report Special Permit 2026-019 - Moore 2 Proposal & Relief Requested Giles and Constance Moore have applied for a Special Permit pursuant to 240-92 B. Nonconforming Buildings or Structures Used as Single- and Two-Family Residences. The Applicants proposes an addition to the front of the dwelling that increases the preexisting nonconformity. The existing dwelling has a front setback of 21.7 ft. and the proposed addition has a setback of 20.5 ft. The subject property is located at 76 Nyes Neck Road, Centerville, MA. The required setbacks in the RD-1 District are 30 feet front, 10 side and 10 rear setbacks. 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. 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 240-92 B. 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. A site plan has been reviewed and found approvable in accordance with Article IX herein subject only to the issuance of a special permit. Site Plan Review is not required for single family dwellings. Further Section 240-92 B. requires the Board to find that: 4. The proposed alteration or expansion will not be substantially more detrimental to the neighborhood than the existing building or structure. Suggested Special Permit Conditions Should the Board find to grant Special Permit No. 2026-019, a request to construct an addition to the front of the dwelling that increases the preexisting nonconformity from 21.7 ft. to 20.5 ft at 76 Nyes Neck Road, Centerville, MA: 1. Special Permit No. 2026-019 is granted to Giles and Constance Moore pursuant to 240-92 B. Nonconforming Buildings or Structures Used as Single- and Two-Family Residences to construct an addition to the front of the dwelling that increases the preexisting nonconformity. The existing dwelling has a front setback of 21.7 ft. and the proposed addition has a setback of 20.5 ft. The subject property is located at 76 Nyes Neck Road, Centerville, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan for Proposed Addition located at 76 Nyes Neck Road, Centerville MA” prepared by Meyer and Sons Inc, dated July 13, 2026. Town of Barnstable Planning and Development Department Staff Report Special Permit 2026-019 - Moore 3 3. The proposed addition to the existing dwelling shall represent full build-out of the lot. No further changes shall be permitted without 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. This 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 issuance of a building permit. The rights authorized by this Special Permit must be exercised within two years, unless extended. Copies: Applicant (c/o Trevor Meyer, Meyer & Sons Inc) Attachments: Application Plans