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Home My WebLink AboutSR-2023-036 Ganey 251 Bay Lane CENT Demo Rebuild NC Lot SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2023-036 – Ganey 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 Date: November 14, 2023 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: John T. and Elizabeth M. Ganey Property Address: 251 Bay Lane, Centerville, MA Assessor's Map/Parcel: 166/057 Zoning: Residence D-1 (RD-1) Filed: October 4, 2023 Hearing: December 6, 2023 Decision Due: December 12, 2023 Copy of Public Notice John and Elizabeth Ganey have applied for a Special Permit pursuant to 240-91 H.(3) Developed Lot Protection. The Applicants propose to demolish the existing 1-bedroom cottage and patio containing approximately 800 sq. ft. and construct a new cottage and deck containing approximately 918 sq. ft. The proposed cottage will encroach into the front and side yard setbacks. The subject property is located at 251 Bay Lane, Centerville, MA, as shown on Assessor’s Map 166 as Parcel 057. It is located in the Residence D-1 (RD-1) Zoning Districts. Background John and Elizabeth Ganey have applied for a Special Permit pursuant to 240-91 H.(3) Developed Lot Protection. The Applicants propose to demolish the existing 1-bedroom cottage and patio containing approximately 800 sq. ft. and construct a new cottage and deck containing approximately 918 sq. ft. The proposed cottage will encroach into the front and side yard setbacks. The subject property is located at 251 Bay Lane, Centerville, MA. The subject lot is 1.59 acres and developed with two dwellings. Dwelling No. 1 is 2,273 square feet of living area (3,871 gross) 2-bedrooms and constructed in 1960. Dwelling No. 2 is 540 square feet of living area (810 gross) 1-bedroom constructed in 1960. The lot has frontage on Bay Lane and overlooks Bumps River in Centerville. A variety of lot sizes appear in this residential area. 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. 2023-036 - Ganey 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 John and Elizabeth Ganey have applied for a Special Permit pursuant to 240-91 H.(3) Developed Lot Protection. The Applicants propose to demolish the existing 1-bedroom cottage and patio containing approximately 800 sq. ft. and construct a new cottage and deck containing approximately 918 sq. ft. The proposed cottage will encroach into the front and side yard setbacks. The subject property is located at 251 Bay Lane, Centerville, MA. The existing dwelling has a front setback of 13.7 feet, and side yard setback is 5.5 feet. The existing lot coverage is 3,115 square feet. The proposed dwelling will have a front yard setback of 17.1 feet and a side yard setback of 7.2 feet. The proposed lot coverage is 3,515 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: 13% (20% maximum) – 3,515 square feet (5,354 square feet allowed) • Floor-Area Ratio: 12% (30% maximum) – 3,225 square feet (8,031 square feet allowed) • Building Height: 15 feet 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 front yard setback and side yard setbacks are greater than the existing. 5. The proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is greater. The existing lot coverage is 12% and proposed lot coverage is 13%. 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 11% and the proposed FAR is 12%. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-036 - Ganey 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 15 feet 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. 2022-036, it may wish to consider the following conditions: 1. Special Permit No. 2023-036 is granted to John and Elizabeth Ganey have applied for a Special Permit pursuant to 240-91 H.(3) Developed Lot Protection. The Applicants propose to demolish the existing 1-bedroom cottage and patio containing approximately 800 sq. ft. and construct a new cottage and deck containing approximately 918 sq. ft. The proposed cottage will encroach into the front and side yard setbacks. The subject property is located at 251 Bay Lane, Centerville, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan Proposed Improvements at 251 Bay Lane Barnstable (Centerville) Mass” by Sullivan Engineering & Consulting Inc, dated August 7, 2023. 3. The total lot coverage of all structures on the lot shall not exceed 13% and the floor-area ratio shall not exceed 12%. 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