The URL can be used to link to this page

Home My WebLink AboutSR-2024-028 McGill 394 Strawberry Hill Rd CENT Demo Rebuild NC Lot SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2024-028 – McGill Section 240-91 H. (3) Developed Lot protection, demolition and rebuilding on nonconforming lots To allow the Applicant to reconstruct a demolished dwelling on a lot of 10, 238 square feet, exceeding Floor Area Ratio and Lot Coverage Date: July 12, 2024 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Scott and Melinda McGill Property Address: 394 Strawberry Hill Road, Centerville, MA Assessor's Map/Parcel: 248/228 Zoning: Residence B(RB) Filed: June 27, 2024 Hearing: July 24, 2024 Decision Due: October 5, 2024 Copy of Public Notice Scott and Melinda McGill have applied for a Special Permit pursuant to Section 240-91 H. (3) Nonconforming Lot. The Applicants propose to demolish the existing dwelling and construct a new single-family dwelling. The proposed dwelling will comply with all setbacks but exceeds the allowed by-right lot coverage and floor area ratio. The existing Lot Coverage is 17.6% and the proposed Lot Coverage is 30.4% where 20% is allowed, and the existing Floor Area Ratio is 21.4% and the proposed Floor Area Ratio is 45.0% where 30% is allowed. The subject property is located at 394 Strawberry Hill Road, Centerville, MA as shown on Assessor’s Map 248 as Parcel 228. It is located in the Residence B (RB) Zoning District. Background Scott and Melinda McGill have applied for a Special Permit pursuant to Section 240-91 H. (3) Nonconforming Lot. The Applicants propose to demolish the existing dwelling and construct a new single-family dwelling. The proposed dwelling will comply with all setbacks but exceeds the allowed by-right lot coverage and floor area ratio. The existing Lot Coverage is 17.6% and the proposed Lot Coverage is 30.4% where 20% is allowed, and the existing Floor Area Ratio is 21.4% and the proposed Floor Area Ratio is 45.0% where 30% is allowed. The subject property is located at 394 Strawberry Hill Road, Centerville, MA The subject lot is 0.25 acre and developed with a single-family dwelling which appears already demolished and the new dwelling appears to have been partially reconstructed. There is a Building Permit listed in the Assessors records from January 2024. The (original) dwelling was a 3- bedropom dwelling containing 1,080 square feet (2,352 gross), 1 story, and constructed in 1974 and has frontage on Strawberry Hille Road, Centerville. The area contains similar sized 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. 2024-028 - McGill 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 Scott and Melinda McGill have applied for a Special Permit pursuant to Section 240-91 H. (3) Nonconforming Lot. The Applicants propose to demolish the existing dwelling and construct a new single-family dwelling. The proposed dwelling will comply with all setbacks but exceeds the allowed by-right lot coverage and floor area ratio. The existing Lot Coverage is 17.6% and the proposed Lot Coverage is 30.4% where 20% is allowed, and the existing Floor Area Ratio is 21.4% and the proposed Floor Area Ratio is 45.0% where 30% is allowed. The subject property is located at 394 Strawberry Hill Road, Centerville, MA as shown on Assessor’s Map 248 as Parcel 228. It is located in the Residence B (RB) Zoning District. The original dwelling had a front setback of 26 feet where 20 feet is required, side yard setback was 21.3 ft where 10 feet is required, and the rear yard setback was 41.3 feet where 10 feet is required. The existing lot coverage is 1,801 square feet (17.6%). The existing Floor Area is 2,352 square feet (21.4%). The proposed dwelling has a front yard setback of 20.5 ft where 20 feet is required, side yard setback of 10.5 feet where 10 feet is required, and a rear yard setback of 19 feet where 10 feet is required, which all comply. The proposed lot coverage is 3,112 square feet (30.4%). The proposed Floor Area is 4,607 square feet (45%), which do not comply. 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: 30.4% (20% maximum) – 3,112 square feet (2,048 square feet allowed) • Floor-Area Ratio: 45% (30% maximum) – 4,607 square feet (3,071 square feet allowed) • Building Height: 18 ft 9 3/16 inches 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 deliberately 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. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-028 - McGill 3 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 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 dwelling has a front yard setback of 20.5 ft where 20 feet is required, side yard setback of 10.5 feet where 10 feet is required, and a rear yard setback of 19 feet where 10 feet is required, which all comply. 5. The proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is greater. The proposed lot coverage is 3,112 square feet (30.4%) which does not comply. 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 21.4% and the proposed FAR is 45%, which exceeds 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 18 ft 9 3/16 inches 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. 2024-028, it may wish to consider the following conditions: 1. Special Permit No. 2024-028 is granted to Scott and Melinda McGill pursuant to Section 240-91 H. (3) Nonconforming Lot to demolish the existing dwelling and construct a new single-family dwelling. The proposed dwelling will comply with all setbacks but exceeds the allowed by-right lot coverage and floor area ratio. The existing Lot Coverage is 17.6% and the proposed Lot Coverage is 30.4% where 20% is allowed, and the existing Floor Area Ratio is 21.4% and the proposed Floor Area Ratio is 45.0% where 30% is allowed. The subject property is located at 394 Strawberry Hill Road, Centerville, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan 394 Strawberry Hill Road Barnstable (Centerville) MA by Demarest Land Surveying dated December 4, 2023, with a revision date of June 25, 2024. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-028 - McGill 4 3. The total lot coverage of all structures on the lot shall not exceed 30.4% and the floor-area ratio shall not exceed 45%. 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 Boudreau) Attachments: Application Site Plan