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HomeMy WebLinkAboutSR-2026-020 Barnstable House LLC 3010 Main St BARN NC SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2026-020 – Barnstable House LLC Section 240-93 B. Nonconforming buildings or structures not used as single or two family dwellings Applicant seeks to modify Special Permit No. 1986-041 to convert an accessory structure to a single family dwelling Date: July 24, 2026 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Barnstable House LLC Property Location: 3010 Main St (Rte 6A), Barnstable, MA Assessor's Map/Parcel: 279/021 Zoning: Residence F-2 (RF-2) Zoning District Filed: July 15, 2026 Hearing: August 12, 2026 Decision Due: October 23, 2026 Copy of Public Notice Barnstable House, LLC has applied for a Special Permit pursuant to 240-93 B. Nonconforming Buildings or Structures Not Used as Single- or Two-Family Dwellings and MGL Chapter 40A Section 6. The Applicant seeks to modify Special Permit No. 1986-041 to convert an accessory structure to a single-family residential use where the principal structure is used for professional office space (to remain unchanged). The subject property is located at 3010 Route 6A, Barnstable, MA as shown on Assessor’s Map 279 as Parcel 021. It is located in the Residence F-2 (RF-2) Zoning District. Background The subject property is 0.75 acres with an existing office building with 12,392 gross floor area and constructed in 1716. There is also an existing 1,030 square foot carriage house. The lot has frontage on Main Street and Crocker Lane with marshland on two sides, in Barnstable Village. The area is both residential and nonresidential uses with a variety of lot sizes. Section 240-93 B. reads: Nonconforming buildings or structures not used as single- or two-family dwellings. A. As of right. (1) The normal and customary repair and maintenance of a preexisting nonconforming building or structure not used as a single or two-family dwelling is permitted as of right. (2) The alteration and expansion of a preexisting nonconforming building or structure, housing a conforming use, is permitted as of right, provided that the alteration or expansion does not increase or intensify the degree of the preexisting nonconformity of the building or structure, and that the alteration or expansion conforms in all other respects with all applicable requirements of this chapter. B. By special permit. Alterations or expansions in a preexisting nonconforming building or structure that do not meet the provisions of Subsection A shall be permitted only by a special permit from the Zoning Board of Appeals. In granting such special permit, the Board must find that the Town of Barnstable Planning and Development Department Staff Report Special Permit 2026-020 – Barnstable House LLC 2 proposed repairs, alterations and/or expansion are not substantially more detrimental to the surrounding neighborhood. If the building or structure houses a nonconforming use, the provisions of § 240-94 shall also apply. Proposal & Relief Requested Barnstable House, LLC has applied for a Special Permit pursuant to 240-93 B. Nonconforming Buildings or Structures Not Used as Single- or Two-Family Dwellings and MGL Chapter 40A Section 6. The Applicant seeks to modify Special Permit No. 1986-041 to convert an accessory structure to a single-family residential use where the principal structure is used for professional office space (to remain unchanged). The subject property is located at 3010 Route 6A, Barnstable, MA as shown on Assessor’s Map 279 as Parcel 021. It is located in the Residence F-2 (RF-2) Zoning District. 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 240-93 B. Allows the alteration and/or expansion of a preexisting nonconforming building or structure. 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 with conditions. Site Plan Review was not required. Suggested Special Permit Conditions Should the Board find to grant Special Permit No. 2026-020, pursuant to Section 240-93 B. Nonconforming Buildings or Structures Not Used as Single- or Two-Family Dwellings to modify Special Permit No. 1986-041 to convert an accessory structure to a single-family residential use where the principal structure is used for professional office space (to remain unchanged) at 3010 Route 6A, Barnstable, MA, it may wish to consider the following conditions: 1. Special Permit No. 2026-020 is granted to Barnstable House, LLC pursuant to 240-93 B. Nonconforming Buildings or Structures Not Used as Single- or Two-Family Dwellings and MGL Chapter 40A Section 6 to modify Special Permit No. 1986-041 to convert an accessory structure to a single-family residential use where the principal structure is used for professional office space (to remain unchanged) at 3010 Route 6A, Barnstable, MA. Town of Barnstable Planning and Development Department Staff Report Special Permit 2026-020 – Barnstable House LLC 3 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan” sheet C2.0, prepared by Baxter Nye Engineering & Surveying, dated May 26, 2026. 3. The proposed development shall represent full build-out of the lot. Further changes to the lot shall be prohibited without prior approval from the Board. 4. 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 (Attorney Rose) Attachments: Application Plans