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Home My WebLink AboutSR-2026-022 Crowley 52 Fifth Ave HY demo rebuild NC Lot SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2026-22 – Crowley 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 on a nonconforming lot Date: August 13, 2026 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Jennifer A. Crowley Property Address: 52 Fifth Avenue, Hyannis, MA Assessor's Map/Parcel: 246/117 Zoning: Residence B (RB) Filed: July 16, 2026 Hearing: August 26, 2026 Decision Due: October 24, 2026 Copy of Public Notice Jennifer A. Crowley has applied for a Special Permit pursuant to Section 240-91 H. Nonconforming Lot and MA General Laws Chapter 40A Section 6. The Applicant proposes to demolish an existing single-family residence and replace it with a new, modular single-family dwelling and new septic system on a preexisting nonconforming lot due to lot size. The proposed dwelling will be compliant with lot coverage and setbacks. The subject property is located at 52 Fifth Ave, Hyannis, MA, as shown on Assessor’s Map 246 as Parcel 117. It is located in the Residence B (RB) Zoning District. Background The subject lot is 0.18 acres located at the intersection of Fifth Avenue and Maple Way in Hyannis. The lot contains a 2-bedroom, single family dwelling with 1,014 square feet of living area (2,097 gross) and constructed in 1951. The area consists of similar 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. (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 Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2026-022 – Crowley 2 Jennifer A. Crowley has applied for a Special Permit pursuant to Section 240-91 H. Nonconforming Lot and MA General Laws Chapter 40A Section 6. The Applicant proposes to demolish an existing single-family residence and replace it with a new, modular single-family dwelling and new septic system on a preexisting nonconforming lot due to lot size. The proposed dwelling will be compliant with lot coverage and setbacks. The subject property is located at 52 Fifth Ave, Hyannis, MA. The existing dwelling front yard setback is 30.2 feet from Fifth Ave and 26.5 feet from Maple Way where 20 feet is required and existing side yard setbacks are 13.4 feet and 11.3 feet where 10 feet are required which complies with the Ordinance. The proposed dwelling front yard setback is 37.2 feet and 21.3 feet where 20 feet is required and side yard setbacks are 10.3 feet and 10.4 feet which complies with the required 10 foot side yard setback. The proposed lot coverage is 1,585 square feet or 19.9% where 20% is maximum, and the proposed Floor Area Ratio is 27.1% 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: 19.9% (20% maximum) – 1,585 square feet (1,590 square feet allowed) • Floor-Area Ratio: 27.1% (30% maximum) – 2,154 square feet (2,385 square feet allowed) • Building Height: 19.3 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. 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: Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2026-022 – Crowley 3 4. The proposed yard setbacks must be equal to or greater than the yard setbacks of the existing building. The proposed front yard setback is 21.3 and 37.2 feet which complies with the required 20 foot front yard setback. 5. proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is greater. The proposed lot coverage is 19.9%, 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 proposed FAR is 27.1%, 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 19.3 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. 2026-022, it may wish to consider the following conditions: 1. Special Permit No. 2026-022 is granted to Jennifer A. Crowley pursuant to Section 240-91 H. Nonconforming Lot and MA General Laws Chapter 40A Section 6 to demolish an existing single-family residence and replace it with a new, modular single-family dwelling and new septic system on a preexisting nonconforming lot due to lot size. The proposed dwelling will be compliant with lot coverage and setbacks. The subject property is located at 52 Fifth Ave, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan of #52 Fifth Avenue Hyannis, MA” by Down Cape Engineering Inc., Dated June 29, 2026. 3. The total lot coverage of all structures on the lot shall not exceed 19.9% where the maximum is 20%, and the floor-area ratio shall not exceed 27.1% 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. Copies: Applicant Attachments: Application Plans