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Home My WebLink AboutSR-2024-025 Luongo 222 Fifth Ave HY Demo Rebuild NC Lot SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2024-025 – Luongo 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 and detached garage Date: May 23, 2024 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Luongo Real Estate Inc Property Address: 222 Fifth Ave, Hyannis, MA Assessor's Map/Parcel: 245/133 Zoning: Residence B (RB) Filed: May 16, 2024 Hearing: June 12, 2024 Decision Due: August 24, 2023 Copy of Public Notice Luongo Real Estate LLC has applied for a Special Permit pursuant to Section 240-91H(3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicant proposes to demolish the existing single family dwelling and construct a new single-family dwelling with detached garage. The existing dwelling has nonconforming front yard setbacks on Fifth Avenue (16.6 ft.) and Birch Drive (11 ft.) where 20 feet is required. The proposed front yard setback on Fifth Ave is 20.5 ft., which complies with zoning requirements, and the proposed front yard setback on Birch Drive is 18.1, which does not comply with zoning requirements but is less nonconforming. The subject property is located at 222 Fifth Ave, Hyannis, MA as shown on Assessor’s Map 245 as Parcel 133. It is located in the Residence B (RB) Zoning District. Background Luongo Real Estate LLC has applied for a Special Permit pursuant to Section 240-91H(3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicant proposes to demolish the existing single family dwelling and construct a new single-family dwelling with detached garage. The existing dwelling has nonconforming front yard setbacks on Fifth Avenue (16.6 ft.) and Birch Drive (11 ft.) where 20 feet is required. The proposed front yard setback on Fifth Ave is 20.5 ft., which complies with zoning requirements, and the proposed front yard setback on Birch Drive is 18.1, which does not comply with zoning requirements but is less nonconforming. The subject property is located at 222 Fifth Ave, Hyannis, MA. The subject lot is 0.4 acre and developed with a single family dwelling and detached garage. The dwelling is 5-bedrooms, 2,312 square feet (3,282 gross), two stories, and constructed in 1940 and has frontage on Birch Drive, Cross Way and Fifth Avenue, overlooking marsh, in Hyannis. 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: Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-025 - Luongo 2 (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). Proposal & Relief Requested Luongo Real Estate LLC has applied for a Special Permit pursuant to Section 240-91H(3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicant proposes to demolish the existing single family dwelling and construct a new single-family dwelling with detached garage. The existing dwelling has nonconforming front yard setbacks on Fifth Avenue (16.6 ft.) and Birch Drive (11 ft.) where 20 feet is required. The proposed front yard setback on Fifth Ave is 20.5 ft., which complies with zoning requirements, and the proposed front yard setback on Birch Drive is 18.1, which does not comply with zoning requirements but is less nonconforming. The subject property is located at 222 Fifth Ave, Hyannis, MA. The existing dwelling has a front setback of 11 feet and 16.6 feet. The existing garage has a side yard setback of 10.5 feet. The existing lot coverage is 3,048 (22%) square feet. The proposed dwelling will have a front yard setback of 18.1 feet and 20.5 feet. The proposed garage has a side yard setback of 10.5 feet. The proposed lot coverage is 2,856 (21%) square feet. The required setbacks are 20 feet front, 10 feet side and rear. 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% (20% maximum) – 2,856 square feet (2,772 square feet allowed) • Floor-Area Ratio: 29.97% (30% maximum) – 4,156 square feet (4,164 square feet allowed) • Building Height: 19.6 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-025 - Luongo 3 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 22% and proposed lot coverage is 21%, a reduction. 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 21.6% and the proposed FAR is 29.97%. 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 19.6 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. 2024-025, it may wish to consider the following conditions: 1. Special Permit No. 2024-025 is granted to Luongo Real Estate LLC for a Special Permit pursuant to Section 240-91H(3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots to demolish the existing single family dwelling and construct a new single- family dwelling with detached garage. The existing dwelling has nonconforming front yard setbacks on Fifth Avenue (16.6 ft.) and Birch Drive (11 ft.) where 20 feet is required. The proposed front yard setback on Fifth Ave is 20.5 ft., which complies with zoning requirements, and the proposed front yard setback on Birch Drive is 18.1, which does not comply with zoning requirements but is less nonconforming. The subject property is located at 222 Fifth Ave, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan Proposed Improvements at 222 Fifth Avenue Barnstable (Hyannis) Mass” by Sullivan Engineering & Consulting Inc, dated March 10, 2024 with last revision date of April 8, 2024. 3. The total lot coverage of all structures on the lot shall not exceed 21% and the floor-area ratio shall not exceed 29.97%. 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-025 - Luongo 4 Copies: Applicant (c/o Attorney John Kenney) Attachments: Application Site Plan Building plans