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Home My WebLink AboutSR-2023-023 Doud 29 Lafayette Ave HYPT Alt SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2023-023 – Doud Section 240-92 B. – Nonconforming Building or Structures used as single or two-family residences To allow the alteration of the existing nonconforming dwelling on a lot of less than 10,000 square feet Date: September 14, 2023 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Michael J. and Florence B. Doud Property Address: 29 Lafayette Ave Hyannis (Hyannisport), MA Assessor's Map/Parcel: 287/045 Zoning: Residence F-1 (RF-1) Filed: August 15, 2023 Hearing: September 27, 2023 Decision Due: November 23, 2023 Copy of Public Notice Michael and Florence Doud have applied for a Special Permit in accordance with Section 240-92 B., Nonconforming buildings or structures used as single- and two-family residences. The Applicants seek to renovate the preexisting nonconforming structure by adding 1,940 sq. ft. for a total proposed gross floor area of 4,435 sq. ft. The lot contains 9,600 square feet where 1 acre is required. *The existing structure is nonconforming to setback requirements with 12.4 feet front setback where 30 feet is required, 0 feet side and 0 rear setbacks where 15 feet is required, and the proposed expansion will maintain the existing nonconforming setbacks. The subject property is located at 29 Lafayette Ave, Hyannis, MA as shown on Assessor’s Map 287 as Parcel 045. It is located in the Residence F-1 (RF-1) Zoning District. * CORRECTION: There are two structures on the property and the principal dwelling is the only structure proposed for alteration. The principal dwelling has existing setbacks of 12.4 front, 13.8 rear and 22.5 side setback. The total proposed increase is 1,940 gross square feet. Background Michael and Florence Doud have applied for a Special Permit in accordance with Section 240-92 B., Nonconforming buildings or structures used as single- and two-family residences. The Applicants seek to renovate the preexisting nonconforming dwelling by adding 1,940 sq. ft. for a total proposed gross floor area of 4,435 sq. ft. The lot contains 9,600 square feet where 1 acre is required. The existing structure is nonconforming to setback requirements with 12.4 feet front setback where 30 feet is required, 13.8 feet side and (?) rear setbacks where 15 feet is required, and the proposed expansion will maintain the existing nonconforming setbacks. The subject property is located at 29 Lafayette Ave, Hyannis, MA The subject lot is 0.21 (9,600 square feet) and developed with a two structures: one dwelling of 2,151 square feet of living area (3,586 gross square feet) 4-bedrooms constructed in 1900. The accessory structure is nonconforming as to the required setback but square footage and date of construction is unknown. The area is residential with a variety of lot sizes. § 240-92 Nonconforming buildings or structures used as single- and two-family residences. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-023 - Doud 2 A preexisting nonconforming building or structure that is used as a single- or two-family residence may be physically altered or expanded only as follows: A. As of right. If the Building Commissioner finds that: (1) The proposed physical alteration or expansion does not in any way encroach into the setbacks in effect at the time of construction, provided that encroachments into a ten-foot rear or side yard setback and twenty-foot front yard setback shall be deemed to create an intensification requiring a special permit under Subsection B below; and (2) The proposed alteration or expansion conforms to the current height limitations of this chapter. B. By special permit. If the proposed alteration or expansion cannot satisfy the criteria established in Subsection A above, the Zoning Board of Appeals may allow the expansion by special permit, provided that the proposed alteration or expansion will not be substantially more detrimental to the neighborhood than the existing building or structure. Proposal & Relief Requested Michael and Florence Doud have applied for a Special Permit in accordance with Section 240-92 B., Nonconforming buildings or structures used as single- and two-family residences. The Applicants seek to renovate the preexisting nonconforming dwelling by adding 1,940 sq. ft. for a total proposed gross floor area of 4,435 sq. ft. The lot contains 9,600 square feet where 1 acre is required. The existing structure is nonconforming to setback requirements with 12.4 feet front setback where 30 feet is required, 22.5 feet side and 13.8 rear setback where 15 feet is required, and the proposed expansion will maintain the existing nonconforming setbacks. The subject property is located at 29 Lafayette Ave, Hyannis, MA. 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 240-92 B. allows for the alteration of a nonconforming dwelling 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. 4. The proposed alteration would not be substantially more detrimental to the neighborhood than the existing dwelling Suggested Conditions Should the Board find to grant Special Permit No. 2023-023, it may wish to consider the following conditions: 1. Special Permit No. 2023-023 is granted to Michael and Florence Doud in accordance with Section 240-92 B., Nonconforming buildings or structures used as single- and two-family residences to renovate the preexisting nonconforming structure by adding 1,940 sq. ft. for a total Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-023 - Doud 3 proposed gross floor area of 4,435 sq. ft. on the principal dwelling at 29 Lafayette Ave, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan of #29 Lafayette Avenue, Hyannisport, MA” by Down Cape Engineering, Inc dated July 25, 2023 with a last revision date of July 31, 2023. 3. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the dwelling or construction of additional accessory structures is prohibited without prior approval from the Board. 4. All mechanical equipment associated with the dwelling (air conditioners, electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. 5. 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: Applicants (c/o Attorney David Lawler) Attachments: Application