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Home My WebLink AboutSR-2024-014 Sarver 120 Harbor Bluffs Road HY Demo Rebuild NC Lot SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2024-014 – Sarver 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: April 23, 2024 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicants: Michael and Maria Sarver Property Address: 120 Harbor Bluffs Road, Hyannis, MA Assessor's Map/Parcel: 325/102 Zoning: Residence B (RB) Filed: April 5, 2024 Hearing: May 8, 2024 Decision Due: July 14, 2024 Copy of Public Notice Michael and Maria Sarver have applied for a Special Permit pursuant to Section 240-91 H. (3) Developed Lot Protection. The Applicants propose to demolish the existing single-family dwelling and construct a new single-family dwelling in its place together with related site and landscaping improvements. The subject property is located at 120 Harbor Bluffs Road, Hyannis, MA as shown on Assessor’s Map 325 as Parcel 102. It is located in the Residence B (RB) Zoning District. Background Michael and Maria Sarver have applied for a Special Permit pursuant to Section 240-91 H. (3) Developed Lot Protection. The Applicants propose to demolish the existing single-family dwelling and construct a new single-family dwelling in its place together with related site and landscaping improvements. The subject property is located at 120 Harbor Bluffs Road, Hyannis, MA. The subject lot is 8,640 square foot lot and developed with a single-family dwelling of 1,453 square feet of living area (1,752 gross) and constructed in 1951. The lot has a frontage on Harber Bluffs Road and Lookout Lane in Hyannis. The area contains similar residential size lots. 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. (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). Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-014 - Sarver 2 Proposal & Relief Requested Michael and Maria Sarver have applied for a Special Permit pursuant to Section 240-91 H. (3) Developed Lot Protection. The Applicants propose to demolish the existing single-family dwelling and construct a new single-family dwelling in its place together with related site and landscaping improvements. The subject property is located at 120 Harbor Bluffs Road, Hyannis, MA. The existing dwelling has a front setback of 20.2 feet, side setback of 26.0 feet, and a rear setback of 7.0 feet. The existing lot coverage is 21.9% or 1,893 square feet. The proposed dwelling will have a front yard setback of 22.1 feet, side setback of 24.1 feet, and rear setback of 13.0 feet. The proposed lot coverage is 21.8% or 1,885 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: 21.8% (20% maximum) – 1,885 square feet (1,728 square feet allowed) • Floor-Area Ratio: 29% (30% maximum) – 2,547 square feet (2,592 square feet allowed) • Building Height: 23 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 or otherwise must comply with required setbacks. The proposed front yard setback 22.1 feet and the existing front yard setback is 20.2 feet. The proposed side yard setback is 24.1 feet and the existing side yard setback is 26 feet. The proposed rear yard setback is 13 feet and the existing rear yard setback is 7 feet. The required setbacks are 20 feet front, 10 feet side and rear. 5. The proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is greater. The existing lot coverage is 21.9% and proposed lot coverage is 21.8%. 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 20% and the proposed FAR is 29%. 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 23 feet to the top of the plate and 2 stories. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-014 - Sarver 3 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. 2024-014, it may wish to consider the following conditions: 1. Special Permit No. 2024-014 is granted to Michael and Maria Sarver pursuant to Section 240-91 H. (3) Developed Lot Protection to demolish the existing single-family dwelling and construct a new single-family dwelling in its place together with related site and landscaping improvements at 120 Harbor Bluffs Road, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan of #120 Harbor Bluffs Road Hyannis MA” prepared by Down Cape Engineering, Inc dated September 19, 2023 with revision date of October 27, 2023. 3. The total lot coverage of all structures on the lot shall not exceed 21.8% and the floor-area ratio shall not exceed 29%. 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 Dan Creedon) Attachments: Application Site Plan Building plans