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Home My WebLink AboutSR-2024-029 Woodwell 9 Lafayette Ave HY Demo Rebuild NC Lot SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2024-029 – Woodwell Section 240-91 H. (3) Developed Lot protection, demolition and rebuilding on nonconforming lots To allow the partial demolition, reconstruction, and expansion of the existing dwelling and to relocate tower dwelling and place on new foundation Date: July 12, 2024 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Linda Woodwell Property Address: 9 Lafayette Ave, Hyannis, MA Assessor's Map/Parcel: 287/043 Zoning: Residence F-1(RF-1) Filed: June 27, 2024 Hearing: July 24, 2024 Decision Due: October 5, 2024 Copy of Public Notice Richard and Linda Woodwell have applied for a Special Permit pursuant to Section 240-91 H. Developed Lot Protection. The Applicants propose to partially demolish, reconstruct, and expand the main house, and to relocate the tower dwelling and place it on a new foundation. The existing Gross Floor Area is 2,428 square feet (22.5%) and the proposed Gross Floor Area is 3,205 square feet (29.7%) where 30% is allowed. The subject property is located at 9 Lafayette Ave, Hyannis, MA as shown on Assessor’s Map 287 as Parcel 043. It is located in the Residence F-1 (RF-1) Zoning District. *Richard has recently passed away and Linda is now the sole owner Background Linda Woodwell have applied for a Special Permit pursuant to Section 240-91 H. Developed Lot Protection. The Applicants propose to partially demolish, reconstruct, and expand the main house, and to relocate the tower dwelling and place it on a new foundation. The existing Gross Floor Area is 2,428 square feet (22.5%) and the proposed Gross Floor Area is 3,205 square feet (29.7%) where 30% is allowed. The subject property is located at 9 Lafayette Ave, Hyannis, MA The subject lot is 0.24 acre and developed with a single-family dwelling and detached “Tower” dwelling. The primary dwelling is a 3-bedropom dwelling containing, 2,058 square feet (3,934 gross), 1.5 stories, and constructed in 1930 and has frontage on both Wachusett Avenue and Lafayette Ave, in Hyannis. The “Tower” dwelling contains 2-bedrooms, 2 stories, with 394 square feet of living area (394 gross) and constructed in 1800. The area contains generally small residential lots. 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. 2024-029 - Woodwell 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 Linda Woodwell have applied for a Special Permit pursuant to Section 240-91 H. Developed Lot Protection. The Applicants propose to partially demolish, reconstruct, and expand the main house, and to relocate the tower dwelling and place it on a new foundation. The existing Gross Floor Area is 2,428 square feet (22.5%) and the proposed Gross Floor Area is 3,205 square feet (29.7%) where 30% is allowed. The subject property is located at 9 Lafayette Ave, Hyannis, MA as shown on Assessor’s Map 287 as Parcel 043. It is located in the Residence F-1 (RF-1) Zoning District. The existing principal dwelling has a front setback of 24.1 feet where 30 feet is required, side yard setback is 11.7 ft where 15 feet is required, and the rear yard setback is 14.6 feet where 15 feet is required. The existing Tower dwelling has a side and rear yard setback of 0.1 feet where 15 feet is required. The existing lot coverage is 1,741 square feet (16.1%). The existing Floor Area is 2,428 square feet (22.5%). The proposed principal dwelling front and side yard setbacks will remain but the rear yard setback will conform to the required 15 feet. The proposed Tower dwelling rear yard setback will be 2.1 feet where 15 feet is required. (An improvement). The proposed lot coverage is 2,044 square feet (18.9%). The proposed Floor Area is 3,205 square feet (29.7%). 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: 18.9% (20% maximum) – 2,044 square feet (2,159 square feet allowed) • Floor-Area Ratio: 29.7% (30% maximum) – 3,205 square feet (3,238 square feet allowed) • Building Height: 17.5 feet and 20.5 feet to top of plate (30 feet maximum) Procedure - NEW A complete application has been received and as such the Board shall open the hearing by vote of the Board. The Board shall then assign members and hear the matter before them. If the Board needs additional information the Board may continue this matter to a date certain. Once the Board has exhausted their review the Board shall motion to close the public hearing. At this time no new information or public comment is to be accepted by the Board. The Board shall now deliberate render a decision. When rendering a decision, a motion shall be made to (approve, approve with conditions, or deny) with the following findings and conditions. The Board shall state findings and may state or reference proposed conditions. Once findings and conditions are completed, a second is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote. Lastly a vote is then called for. Proposed Special Permit Findings Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-029 - Woodwell 3 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 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 will remain, rear yard setback will conform to the required 15 feet. (An improvement) 5. The proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is greater. The existing lot coverage is 16.1% and proposed lot coverage is 18.9%, which does not exceed the threshold. 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 22.5% and the proposed FAR is 29.7%, which does not exceed the threshold. 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 for the principal dwelling is 17.5 feet and the proposed height for the tower is 20.5 feet. 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. 2024-029, it may wish to consider the following conditions: 1. Special Permit No. 2024-029 is granted to Linda Woodwell for a Special Permit pursuant to Section 240-91 H. Developed Lot Protection to partially demolish, reconstruct, and expand the main house, and to relocate the tower dwelling and place it on a new foundation. The existing Gross Floor Area is 2,428 square feet (22.5%) and the proposed Gross Floor Area is 3,205 square feet (29.7%) where 30% is allowed. The subject property is located at 9 Lafayette Ave, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan Proposed Improvements at 9 Lafayette Avenue Barnstable (Hyannis Port) Mass” by Sullivan Engineering & Consulting Inc, dated June 25, 2024. 3. The total lot coverage of all structures on the lot shall not exceed 18.9% and the floor-area ratio shall not exceed 29.7%. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-029 - Woodwell 4 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 Ford) Attachments: Application Site Plan Building plans