HomeMy WebLinkAboutSR-2026-021 WKC Realty LLC 230 Gosnold Street HY NC SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2026-021 – WKC Realty LLC
Section 240-94 B. Expansion of a Preexisting Nonconforming Use
To expand the multifamily use in Bldg 7 Units 11A, 11B, and 11C
Date: August 13, 2026
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant WKC Realty LLC
Property Location: 230 Gosnold Street, Hyannis MA (Bldg 7 Units 11A, 11B and 11C)
Assessor's Map/Parcel: 306/115/11A
Zoning: Residence B (RB) Zoning District
Filed: July 15, 2026 Hearing: August 26, 2026 Decision Due: October 23, 2026
Copy of Public Notice
WKC Realty LLC/Kopelman have applied for a Special Permit pursuant to Section 240-94 B.
Expansion of a Preexisting Nonconforming Use. The Applicant owns Units 11A, 11B, and 11C at
230 Gosnold Street, all of which were built and deeded as independent dwelling units but later
combined into one physical unit with 2 separate deeds. Unit 11A is attached by a common firewall
to 10A, which is also attached to 10B. The Applicant proposes putting Unit 11A back to one single
unit with one bedroom, one bath, and a kitchen and common area, and leave 11 B & C combined
in a similar manner to 11A. The subject property is located at 230 Gosnold Street, Building 7, Units
11A, 11B, 11C, Hyannis, MA, as shown on Assessor’s Map 306 as Parcel 115-11A. It is located in
the Residence B (RB) Zoning District.
Background
The subject property consists of 3.86 acres with frontage on Gosnold Street and Old Colony Road
in Hyannis. The site is a cottage colony consisting of 15 separate cottages with each containing
several units. The area consists of a variety of residential lot sizes in Hyannis.
Section 240-94 B. reads:
Expansion of a preexisting nonconforming use. A preexisting nonconforming use shall not be
expanded and/or intensified except by special permit from the Zoning Board of Appeals. In granting
a special permit for expansion of a preexisting nonconforming use, the Board must find that the
proposed expansion, and/or intensification will not be more detrimental to the neighborhood and
that the following requirements are met:
(1) Any proposed expansion of the use shall conform to the established setbacks for the zoning
district in which it is located, or such greater setbacks as the Zoning Board of Appeals may require
due to the nature of the use and its impact on the neighborhood and surrounding properties.
(2) The proposed use and expansion is on the same lot as occupied by the nonconforming use on
the date it became nonconforming.
(3) The proposed new use is not expanded beyond the zoning district in existence on the date it
became nonconforming.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2026-021 – WKC Realty LLC
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(4) At the discretion of the Zoning Board of Appeals, improvements may be required in order to
reduce the impact on the neighborhood and surrounding properties including but not limited to the
following:
(a) Greater conformance of signage to the requirements of Article VII;
(b) The addition of off-street parking and loading facilities;
(c) Improved pedestrian safety, traffic circulation and reduction in the number and/or width
of curb cuts;
(d )Increase of open space or vegetated buffers and screening along adjoining lots and
roadways. The applicant shall demonstrate maximum possible compliance with § 240-53,
Landscape Requirements for Parking Lots, Subsection F, if applicable.
(e) Accessory uses or structures to the principal nonconforming use may be required to be
brought into substantial conformance with the present zoning.
Proposal & Relief Requested
WKC Realty LLC/Kopelman have applied for a Special Permit pursuant to Section 240-94 B.
Expansion of a Preexisting Nonconforming Use. The Applicant owns Units 11A, 11B, and 11C at
230 Gosnold Street, all of which were built and deeded as independent dwelling units but later
combined into one physical unit with 2 separate deeds. Unit 11A is attached by a common firewall
to 10A, which is also attached to 10B. The Applicant proposes putting Unit 11A back to one single
unit with one bedroom, one bath, and a kitchen and common area, and leave 11 B & C combined
in a similar manner to 11A. The subject property is located at 230 Gosnold Street, Building 7, Units
11A, 11B, 11C, Hyannis, 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 t ime 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 240-94 B. Allows a nonconforming use to change to
another nonconforming use.
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 is not required for residential uses.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2026-021 – WKC Realty LLC
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Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2026-021, a request to expand the multifamily
use in Building 7, Units 11A, 11B, and 11C at 230 Gosnold Street, Hyannis, MA,:
1. Special Permit No. 2026-021 is granted to WKC Realty LLC pursuant to Section 240-94 B.
Expansion of a Preexisting Nonconforming Use to place Unit 11A back to one single unit with
one bedroom, one bath, and a kitchen and common area, and leave 11 B & C combined in a
similar manner to 11A. The subject property is located at 230 Gosnold Street, Building 7, Units
11A, 11B, 11C, Hyannis, MA.
2. The site development shall remain “as is” at 230 Gosnold Street Building 7 Units 11A, 11B, and
11C, Hyannis, MA.
3. The proposed development shall represent full build-out of the lot. Any 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 (William McDermott)
Attachments: Application
Plans