HomeMy WebLinkAboutSR-2026-026 Cary Cary Fliegel 40 Blossom Ave OST NC Lot SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2026-26 – Cary, Cary & Fliegel
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: September 3, 2026
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Christina Cary, Abigail Cary, & Aaron Fliegel
Property Address: 40 Blossom Avenue, Osterville, MA
Assessor's Map/Parcel: 118/073
Zoning: Residence C (RC)
Filed: July 30, 2026 Hearing: September 23, 2026 Decision Due: November 7, 2026
Copy of Public Notice
Christina Cary, Abigail M. Cary, and Aaron Fliegel have applied for a Special Permit pursuant to
Section 240-91 H. (3) Nonconforming Lots; Developed Lot Protection; Demolition and Rebuilding on
a Nonconforming Lot. The Applicants received approval to construct an addition to their home on a
legal preexisting nonconforming lot having less than 10,000 square feet. During partial demolition of
the dwelling, the foundation was discovered to be structurally deficient, requiring a complete
demolition and reconstruction to achieve code compliance. The subject property is located at 40
Blossom Ave, Osterville, MA, as shown on Assessor’s Map 118 as Parcel 073. It is located in the
Residence C (RC) Zoning District.
Background
The subject lot is 0.18 acres located at Blossom Ave off Main Street in Osterville. The lot contains a
3-bedroom, single family dwelling with 1,224 square feet of living area (1,632 gross) and constructed
in 1920. 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).
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2026-026 – Cary Cary and Fliegel
2
Proposal & Relief Requested
Christina Cary, Abigail M. Cary, and Aaron Fliegel have applied for a Special Permit pursuant to
Section 240-91 H. (3) Nonconforming Lots; Developed Lot Protection; Demolition and Rebuilding on
a Nonconforming Lot. The Applicants received approval to construct an addition to their home on a
legal preexisting nonconforming lot having less than 10,000 square feet. During partial demolition of
the dwelling, the foundation was discovered to be structurally deficient, requiring a complete
demolition and reconstruction to achieve code compliance. The subject property is located at 40
Blossom Ave, Osterville, MA.
The existing dwelling front yard setback is 55.4 feet from Blossom Ave and 41.0 feet from “Off
Blossom Ave” where 20 feet is required and existing side yard setbacks are 13.3 feet and rear
setback is 16.9 feet where 10 feet are required which complies with the Ordinance.
The proposed dwelling front yard setback is 91.0 feet and 32.1 feet where 20 feet is required and
side yard setbacks are 10.8 feet and rear setback is 10.8 feet which complies with the required 10
foot side yard setback. The proposed lot coverage is 1,648 square feet or 18.5% where 20% is
maximum, and the proposed Floor Area Ratio is 28.04% 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: 18.5% (20% maximum) – 1,648 square feet (1,782 square feet allowed)
• Floor-Area Ratio: 28.04% (30% maximum) – 2,498 square feet (2,673 square feet allowed)
• Building Height: 27 feet 7/8 inches 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.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2026-026 – Cary Cary and Fliegel
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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 existing dwelling front yard setback is 55.4 feet from Blossom Ave and 41.0 feet from “Off
Blossom Ave” where 20 feet is required and existing side yard setbacks are 13.3 feet and rear
setback is 16.9 feet where 10 feet are required which complies with the Ordinance.
The proposed dwelling front yard setback is 91.0 feet and 32.1 feet where 20 feet is required
and side yard setbacks are 10.8 feet and rear setback is 10.8 feet which complies with the
required 10 foot side yard setback.
5. proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is
greater. The proposed lot coverage is 18.5%, less than maximum.
6. The floor area ratio shall not exceed 0.30 or 30% the existing floor area rati o of the
structure being demolished, whichever is greater. The proposed FAR is 28.04%, 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 27
feet 7/8 inches.
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. 2026-026, it may wish to consider the following
conditions:
1. Special Permit No. 2026-026 is granted to Christina Cary, Abigail M. Cary, and Aaron Fliegel
pursuant to Section 240-91 H. (3) Nonconforming Lots; Developed Lot Protection; Demolition
and Rebuilding on a Nonconforming Lot to demolish the existing dwelling and construct a new
dwelling on a legal preexisting nonconforming lot having less than 10,000 square feet at 40
Blossom Ave, Osterville, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Proposed Septic System/Site Plan 40 Blossom Avenue, Osterville MA” by CapeSurvey, Dated
January 27, 2025 with a revision date of March 30, 2026.
3. The total lot coverage of all structures on the lot shall not exceed 18.5% where the maximum is
20%, and the floor-area ratio shall not exceed 28.04% 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. 2026-026 – Cary Cary and Fliegel
4
Copies: Applicant (Attorney Patrick Nickerson)
Attachments: Application
Plans