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Home My WebLink AboutSR-2024-016 James 642 South Main St Demo Rebuild NC Lot SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2024-016 – James 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: May 9, 2024 *REVISED MAY 29, 2024 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicants: Jay and Betsey James Property Address: 642 South Main Street, Centerville, MA Assessor's Map/Parcel: 186/041 Zoning: Residence D-1 (RD-1) Filed: April 26, 2024 Hearing: May 22, 2024 Decision Due: July 30, 2024 Copy of Public Notice Jay and Betsy James have applied for a Special Permit pursuant to Section 240-91 H. (3) Nonconforming lot. The Applicants propose to demolish the existing single family dwelling, raise the foundation elevation, and construct a new single family dwelling. The new dwelling will be detached from the garage, leaving the existing nonconforming garage in place. No construction will occur within the setbacks. The subject property is located at 642 South Main Street, Centerville, MA as shown on Assessor’s Map 186 as Parcel 041. It is located in the Residence D-1 (RD-1) Zoning District. Background Jay and Betsy James have applied for a Special Permit pursuant to Section 240-91 H. (3) Nonconforming lot. The Applicant proposes to demolish the existing single family dwelling, raise the foundation elevation, and construct a new single family dwelling. The new dwelling will be detached from the garage, leaving the existing nonconforming garage in place. The subject property is located at 642 South Main Street, Centerville, MA. The subject lot is 0.24 acres (9, 866 square feet) and, according to the Assessors, developed with a single-family dwelling of 1,354 square feet of living area (1,730 gross) and constructed in 1948. The lot has a frontage on both South Main Street and South Cedar Road in Centerville. The area contains a variety of 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-016 - James 2 (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 Jay and Betsy James have applied for a Special Permit pursuant to Section 240-91 H. (3) Nonconforming lot. The Applicant proposes to demolish the existing single family dwelling, raise the foundation elevation, and construct a new single family dwelling. The new dwelling will be detached from the garage, leaving the existing nonconforming garage in place. The subject property is located at 642 South Main Street, Centerville, MA. The existing dwelling has a front setback of 50.3 feet (South), 30.4 feet (East), rear setback of -0.1 feet (North) and 3.6 feet, and rear setback (West) of 6.8 feet. The existing lot coverage is 18.6% or 1,835 square feet. The existing gross floor area is 1,414 square feet. The proposed dwelling has a front setback of 45.2 feet (South), 30.4 feet (East), rear setback of - 0.1 feet (North) and 3.6 feet, and rear setback (West) of 6.8 feet. The proposed lot coverage is 19.5% or 1,920 square feet. The proposed gross floor area is 2,118 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: 19.5% (20% maximum) – 1,920 square feet (1,973 square feet allowed) • Floor-Area Ratio: 21.5% (30% maximum) – 2,118 square feet (2,959 square feet allowed) • Building Height: 22 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: 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 existing dwelling has a front setback of 50.3 feet (South), 30.4 feet (East), rear setback of -0.1 feet (North) and 3.6 feet, Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-016 - James 3 and rear setback (West) of 6.8 feet. The existing lot coverage is 18.6% or 1,835 square feet. The existing gross floor area is 1,414 square feet. The proposed dwelling has a front setback of 45.2 feet (South), 30.4 feet (East), rear setback of - 0.1 feet (North) and 3.6 feet, and rear setback (West) of 6.8 feet. The proposed lot coverage is 19.5% or 1,920 square feet. The proposed gross floor area is 2,118 square feet.. The required setbacks are 30 feet front, 10 feet side and rear. 4. The proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is greater. The existing lot coverage is 18.6% and proposed lot coverage is 19.5%. 5. 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 18.6% and the proposed FAR is 21.5%. 6. 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 22 feet to the top of the plate and 2 stories. The Board is also asked to find that: 7. 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. 2024-016, it may wish to consider the following conditions: 1. Special Permit No. 2024-016 is granted to Jay and Betsy James, pursuant to Section 240- 91 H. (3) Nonconforming lot, to demolish the existing single-family dwelling, raise the foundation elevation, and construct a new single family dwelling. The new dwelling will be detached from the garage, leaving the existing nonconforming garage in place. The subject property is located at 642 South Main Street, Centerville, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Plan of Land #642 South Main Street in Centerville, Barnstable, Massachusetts Proposed Conditions Plan” prepared by BSC Group dated April 17, 2024 with a last revision date of May 16, 2024. 3. The total lot coverage of all structures on the lot shall not exceed 19.5% and the floor-area ratio shall not exceed 21.5%. 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 Stephen Bobola) Attachments: Application Site Plan Building plans