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Home My WebLink AboutSR-2026-027 Zig Harbor LLC 112 Washington Ave HY NC Lot SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2026-27 – Zig Harbor LLC Section 240-91 H. (3) Developed Lot protection, demolition and rebuilding on nonconforming lots To allow the demolition of the preexisting nonconforming dwelling and construction of a new dwelling on a nonconforming lot Date: September 4, 2026 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Zig Harbor LLC Property Address: 112 Washington Ave, Hyannis, MA Assessor's Map/Parcel: 287/116-001 Zoning: Residence F-1 (RF-1) Filed: August 5, 2026 Hearing: September 23, 2026 Decision Due: November 12, 2026 Copy of Public Notice Zig Harbor LLC has 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 Applicant proposes to demolish and reconstruct a legal preexisting nonconforming single-family dwelling. A Special Permit is required because the existing side yard setback is nonconforming at 10.3 feet (dwelling) and 6.3 feet (steps). The proposed side yard setback is 10.5 (dwelling) and 6.4 feet (steps), resulting in greater conformity with the 15-foot side yard setback requirement. The subject property is located at 112 Washington Ave, Hyannis, MA, as shown on Assessor’s Map 287 as Parcel 116-001. It is located in the Residence F-1 (RF-1) Zoning District. Background The subject lot is 0.42 acres located on Washinton Ave behind No. 100 Washington Avenue, Hyannis. According to the Assessors records, the lot contains a 2-bedroom, single family dwelling with 1,254 square feet of living area (1,780 gross) and constructed in 1920. The area consists of a variety of residential lot sizes. 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2026-027 – Zig Harbor LLC 2 (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 Zig Harbor LLC has 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 Applicant proposes to demolish and reconstruct a legal preexisting nonconforming single-family dwelling. A Special Permit is required because the existing side yard setback is nonconforming at 10.3 feet (dwelling) and 6.3 feet (steps). The proposed side yard setback is 10.5 (dwelling) and 6.4 feet (steps), resulting in greater conformity with the 15-foot side yard setback requirement. The subject property is located at 112 Washington Ave, Hyannis, MA. The existing dwelling side setback is 10.3 feet, and 6.3 feet (stairs), and rear setback is 29.9 feet where the required is 15 feet. The proposed dwelling side setback is 10.5 feet, and 6.4 feet (stairs), and the rear setback is 30.2 feet where 15 feet is required. The proposed lot coverage is 992 square feet or 6.6% where 20% is maximum, and the proposed Floor Area Ratio is 11% 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: 6.6% (20% maximum) – 992 square feet (3,709 square feet allowed) • Floor-Area Ratio: 11% (30% maximum) – 1,720 square feet (4,663 square feet allowed) • Building Height: 20.04 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2026-027 – Zig Harbor LLC 3 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: 4. The proposed yard setbacks must be equal to or greater than the yard setbacks of the existing building. The existing dwelling side setback is 10.3 feet, and 6.3 feet (stairs), and rear setback is 29.9 feet where the required is 15 feet. The proposed side setback is 10.5 feet, side setback is 6.4 feet, and the rear setback is 30.2 feet where 15 feet is required. The proposed setbacks are greater than the existing. 5. proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is greater. The proposed lot coverage is 6.6%, 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 11%, 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 20.04 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. 2026-027, it may wish to consider the following conditions: 1. Special Permit No. 2026-027 is granted to Zig Harbor LLC pursuant to Section 240-91 H. (3) Nonconforming Lots; Developed Lot Protection; Demolition and Rebuilding on a Nonconforming Lot to demolish and reconstruct a legal preexisting nonconforming single- family dwelling at 112 Washington Ave, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Plot Plan #112 Washington Avenue” by Merrill Engineers and Land Surveyors dated August 4, 2026. 3. The total lot coverage of all structures on the lot shall not exceed 6.6% where the maximum is 20%, and the floor-area ratio shall not exceed 11% 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 Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2026-027 – Zig Harbor LLC 4 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 (Attorney Patrick Nickerson) Attachments: Application Plans