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Home My WebLink AboutZBA Decision - Luongo 222 Fifth Ave - recorded Bk 36491 Pg32 #29637 07-29-2024 @ 12 : 36p IIII•:� : Town of Barnstable Zoning Board of Appeals Decision and Notice 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 Summary: Granted with Conditions Applicant: Luongo Real Estate Inc Property Address: 222 Fifth Ave, Hyannis, MA Assessor's Map/Parcel: 245/133 Zoning: Residence B (RB) Hearing Date: June 12, 2024 Recording Information: Book: 33601 Page: 349 Plan Book: 34 Plan Page: 23 Background Luongo Real Estate LLC applied for a Special Permit pursuant to Section 240-91 H(3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicant proposed 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 tiocaled 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. 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. Procedural & Hearing Summary Special Permit No. 2024-025, pursuant to Section 240-91 H(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 where the existing dwelling has nonconforming front yard setbacks on Fifth Avenue (16.6 ft.) and Birch Drive (11 ft.) where 20 feet is required and 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 at 222 Fifth Ave, Hyannis, MA was filed at the Town Clerk's office and office of the Zoning Board of Appeals on May 16, 2024. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters and interested parties in accordance with MGL Chapter 40A. The hearing was opened on June 12, 2024 at which time the Board found to grant the Special Permit subject to conditions. Board Members deciding this appeal were Jacob Dewey, Herbert Bodensiek, Mark Hansen, Larry Hurwitz, and Paul Pinard. Attorney Patrick Nickerson presented the application before the Board. Also present were Attorney John Kenney, John O'Dea, Michael Cahn and Mike Tartamella of Patrick Ahearn's office. Attorney Nickerson reviewed the site conditions and the Special Permit application. Mr. O'Dea reviewed the Bk 36491 Pg33 #29637 Town of Barnstable Zoning Board of Appeals-Decision and Notice Special Permit No.2024-025-Luoncgo site plan and stated the mass of the proposed dwelling is similar to the existing dwelling. He also stated the setback from Fifth Avenue complies with zoning but the setback to Birch Drive does not. He pointed out that Birch Drive is a paper road. The Board agreed that this has minimal impact on the area and in keeping with the neighborhood. The Board Chair asked for public comment. No testimony was given. The Board acknowledged a letter of support from Attorney Kenney_ Findings of Fact At the hearing on June 12, 2024, the Board unanimously made the following findings of fact in Special Permit Application No. 2024-025, to demolish the existing single family dwelling and construct a new single-family dwelling with detached garage at 222 Fifth Ave, Hyannis, MA.- 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. The Applicant has already received a demo permit. 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. The setbacks comply except the front setback on Birch Road which is a paper road_ 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 '/Z stories. The proposed height is 19.6 feet to the top of the plate and is 2 stories. B.The proposed new dwelling would not be substantially more detrimental to the neighborhood than the existing dwelling. The Board found the proposed dwelling is tastefully designed and in keeping with the neighborhood. The vote to accept the findings was: AYE: Jacob Dewey, Herbert Bodensiek, Mark Hansen, Larry Hurwitz, and Paul Pinard NAY: None Decision 1. Special Permit No. 2024-025 is granted to Luongo Real Estate LLC for a Special Permit pursuant to Section 240-91 H(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_ Bk 36491 Pg34 #29637 Town of Barnstable Zoning Board of Appeals-Decision and Notice Special Permit No.2024-025-Luongo 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 fast 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. The vote was: AYE: Jacob Dewey, Herbert Bodensiek, Mark Hansen, Larry Hurwitz, and Paul Pinard NAY: None Ordered Special Permit No. 2024-025 is granted to Luongo Real Estate LLC for a Special Permit pursuant to Section 240-91 H(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 where the existing dwelling has nonconforming front yard setbacks on Fifth Avenue (16.6 ft.) and Birch Drive (11 ft.) where 20 feet is required and 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 at 222 Fifth Ave, Hyannis, MA.. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within two years unless extended. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision, a copy of which must be filed in the office of the Barnstable Town Clerk. Z ,� cob Dewey, Chair"- Date Signed 1, Ann Quirk, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this i day of under the pains and oenaities of perjury. A6 Quirk, Town Cleric JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY