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HomeMy WebLinkAboutSR-2023-041 Ludtke 30 Wachusett Ave HY NC SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2023-041 – Ludtke Section 240-92 B. Nonconforming Building or Structures used as single or two-family residences To construct an addition to combine two existing dwellings, relocate the smaller dwelling to the rear of the site Date: November 14, 2023 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Betty C. Ludtke Property Address: 30 Wachusett Ave, Hyannis, MA Assessor's Map/Parcel: 287/053 Zoning: Residence F-1 (RF-1) Filed: October 23, 2023 Hearing: December 6, 2023 Decision Due: January 31, 2024 Copy of Public Notice Betty Ludtke has applied for a Special Permit pursuant to Section 240-92 B. Nonconforming Buildings or Structures Used as Single- and Two-Family Residences. The Applicant proposes to combine two preexisting nonconforming single-family dwellings into one single-family dwelling. The lot, now known as 30 Wachusett Ave., was previously two lots that have since merged. The existing dwellings are comprised of 4 and 3 bedrooms and the proposed dwelling has 6 bedrooms. The proposed construction includes relocating the smaller dwelling away from the neighboring house, a new septic system, and a new addition to connect the buildings. The subject property is located at 30 Wachusett Avenue, Hyannis, MA as shown on Assessor’s Map 287 as Parcel 053. It is located in the Residence F-1 (RF-1) Zoning District. Background Betty Ludtke has applied for a Special Permit pursuant to Section 240-92 B. Nonconforming Buildings or Structures Used as Single- and Two-Family Residences. The Applicant proposes to combine two preexisting nonconforming single-family dwellings into one single-family dwelling. The lot, now known as 30 Wachusett Ave., was previously two lots that have since merged. The existing dwellings are comprised of 4 and 3 bedrooms and the proposed dwelling has 6 bedrooms. The proposed construction includes relocating the smaller dwelling away from the neighboring house, a new septic system, and a new addition to connect the buildings. The subject property is located at 30 Wachusett Avenue, Hyannis, MA. The subject lot is 0.138 acres and developed with two dwellings: dwelling no. 1 is 1,811 square feet of living area (3,591 gross square feet) 4-bedrooms constructed in 1890. Dwelling no. 2 is 1,308 square feet of living area (2,682 gross) 3-bedrooms constructed in 1946. The lot has frontage on both Wachusett and Lafayette Ave in Hyannisport. The area is residential with a variety of lot sizes. § 240-92 Nonconforming buildings or structures used as single- and two-family residences. 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: Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-041 - Ludtke 2 (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 Betty Ludtke has applied for a Special Permit pursuant to Section 240-92 B. Nonconforming Buildings or Structures Used as Single- and Two-Family Residences. The Applicant proposes to combine two preexisting nonconforming single-family dwellings into one single-family dwelling. The lot, now known as 30 Wachusett Ave., was previously two lots that have since merged. The existing dwellings are comprised of 4 and 3 bedrooms and the proposed dwelling has 6 bedrooms. The proposed construction includes relocating the smaller dwelling away from the neighboring house, a new septic system, and a new addition to connect the buildings. The subject property is located at 30 Wachusett Avenue, 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. 2023-041, it may wish to consider the following conditions: 1. Special Permit No. 2023-041, pursuant to Section 240-92 B. Nonconforming buildings or structures used as single and two family residences, is granted to Betty Ludtke to combine two preexisting nonconforming single-family dwellings into one single-family dwelling on a lot now known as 30 Wachusett Ave., previously two lots that have since merged for construction including relocating the smaller dwelling away from the neighboring house, a new septic system, and a new addition to connect the buildings at 30 Wachusett Avenue, Hyannis, MA. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2023-041 - Ludtke 3 2. The site development shall be constructed in substantial conformance with the plan entitled “Title 5 Site Plan of 30 Wachusett Avenue Hyannisport, MA” by Down Cape Engineering Inc dated June 15, 2023, with a last revision date of October 10, 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 Dan Creedon) Attachments: Application