HomeMy WebLinkAboutSR-2023-027 Lafrance 170 Fifth Ave HY Demo Rebuild NC Lot SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2023-027 – LaFrance
Section 240-91 H. (3) – Nonconforming Lot-Developed Lot Protection
To allow the demolition of the existing dwelling and construction of a new dwelling
Date: October 3, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Ann J. LaFrance
Property Address: 170 Fifth Avenue, Hyannis, MA
Assessor's Map/Parcel: 245/115
Zoning: Residence B (RB)
Filed: August 28, 2023 Hearing: October 11, 2023 Decision Due: December 6, 2023
Copy of Public Notice
Ann LaFrance has applied for a Special Permit pursuant to Section 240-91 H. (3) Developed lot
protection; demolition and rebuilding on nonconforming lots. The Applicant seeks to demolish the
existing dwelling and construct a 3-bedroom, single-family dwelling. The proposed project will result
in a reduction in the existing lot coverage (from 2,665 square feet to 2,659 square feet) and will have
a gross floor area of 2,875 square feet where 2,995 square feet (30%) is the maximum. The subject
property is located at 170 Fifth Ave, Hyannis, MA as shown on Assessor’s Map 245 as Parcel 115. It
is located in the Residence B (RB) Zoning District.
Background
Ann LaFrance has applied for a Special Permit pursuant to Section 240-91 H. (3) Developed lot
protection; demolition and rebuilding on nonconforming lots. The Applicant seeks to demolish the
existing dwelling and construct a 3-bedroom, single-family dwelling on a lot of 10,006 square feet.
The proposed project will result in a reduction in the existing lot coverage (from 2,665 square feet to
2,659 square feet) and will have a gross floor area of 2,875 square feet where 2,995 square feet
(30%) is the maximum. The subject property is located at 170 Fifth Ave, Hyannis, MA.
The subject lot is 0.23 acres and developed with a single family dwelling of 1,895 square feet of
living area (4,612 gross) and constructed in 1890. The lot has frontage on Fifth Avenue and a dirt
road called Ocean Drive. A variety of lot sizes appear in this residential area.
Section 240-91 H. (3) 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. 2023-027 - LaFrance
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
Ann LaFrance has applied for a Special Permit pursuant to Section 240-91 H. (3) Developed lot
protection; demolition and rebuilding on nonconforming lots. The Applicant seeks to demolish the
existing dwelling and construct a 3-bedroom, single-family dwelling. The proposed project will result
in a reduction in the existing lot coverage (from 2,665 square feet to 2,659 square feet) and will have
a gross floor area of 2,875 square feet where 2,995 square feet (30%) is the maximum. The subject
property is located at 170 Fifth Ave, Hyannis, MA.
The existing dwelling has a front setback of 16.4 feet, another front yard setback of 9.1 feet, and a
rear yard setback of approximately 2 feet. The existing lot coverage is 2,665 square feet.
The proposed dwelling will have a front yard setback of 16.4 feet, another font yard setback of 9.1
feet and a rear yard setback of 3.6 feet. The proposed lot coverage is 2,659 square feet.
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: 26.6% (20% maximum) – 2,659 square feet (2,665 square feet allowed)
• Floor-Area Ratio: 28.7% (30% maximum) – 2,875 square feet (2,995 square feet allowed)
• Building Height: 19 feet 6 inches to top of plate (30 feet maximum)
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 complete 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:
4. The proposed yard setbacks must be equal to or greater than the yard setbacks of the
existing building. The proposed rear yard setback is greater than the existing rear yard setback.
5. The proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is
greater. The existing lot coverage is 26.6% and proposed lot coverage is 26.5%.
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 existing FAR is 28.7% and the proposed FAR is
29.9%.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2023-027 - LaFrance
3
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 is 19 feet 6 inches to the top of the plate.
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. 2022-029, it may wish to consider the following
conditions:
1. Special Permit No. 2023-027 is granted to Ann LaFrance pursuant to Section 240-91 H. (3)
Developed lot protection; demolition and rebuilding on nonconforming lots to demolish the
existing dwelling and construct a 3-bedroom, single-family dwelling. The proposed project will
result in a reduction in the existing lot coverage (from 2,665 square feet to 2,659 square feet)
and will have a gross floor area of 2,875 square feet where 2,995 square feet (30%) is the
maximum. The subject property is located at 170 Fifth Ave, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled “Site
Plan – Proposed House” by Warwick & Associates Inc, dated July 24, 2023.
3. The total lot coverage of all structures on the lot shall not exceed 26.6% and the floor-area ratio
shall not exceed 28.7%.
4. 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.
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 (c/o Attorney John Kenney)
Attachments: Application
Site Plan
Building plans