HomeMy WebLinkAboutSR-2024-031 Sullivan 91 Craigville Beach Rd HY Demo Rebuild NC Lot SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2024-031 – Sullivan
Section 240-91 H. (3) Developed Lot protection, demolition and rebuilding on
nonconforming lots
To allow the demolition and reconstruction of the existing 2-bedroom dwelling on a lot of less
than 10,000 square feet
Date: August 29, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Lawrence W. Sullivan and Elizabeth A. Sullivan as Trustees of the
King Kat Trust
Property Address: 91 Craigville Beach Road, Hyannis, MA
Assessor's Map/Parcel: 267/115
Zoning: Residence F-1(RF-1)
Filed: August 13, 2024 Hearing: September 11, 2024 Decision Due: November 21, 2024
Copy of Public Notice
Lawrence and Elizabeth Sullivan, as Trustees of the King Kat Trust, have applied for a Special
Permit pursuant to Section 240-91H.(3) Developed Lot Protection; Demolition and Rebuilding on
Nonconforming Lots. The Applicants propose to demolish the existing 2-bedroom dwelling and
construct a new 2-bedroom dwelling. The lot is less than the required 10,000 sq. ft. and the new
dwelling proposes to maintain the existing nonconforming side yard setback of 8.5 ft. (where 15 ft. is
required). The existing lot coverage is 14.5% and the proposed lot coverage is 15.3%, and the
existing gross floor area is 9% and the proposed gross floor area ratio is 10.7%. The subject
property is located at 91 Craigville Beach Road, Hyannis, MA as shown on Assessor’s Map 267 as
Parcel 115. It is located in the Residence F-1 (RF-1) Zoning District.
Background
Lawrence and Elizabeth Sullivan, as Trustees of the King Kat Trust, have applied for a Special
Permit pursuant to Section 240-91H.(3) Developed Lot Protection; Demolition and Rebuilding on
Nonconforming Lots. The Applicants propose to demolish the existing 2-bedroom dwelling and
construct a new 2-bedroom dwelling. The lot is less than the required 10,000 sq. ft. and the new
dwelling proposes to maintain the existing nonconforming side yard setback of 8.5 ft. (where 15 ft. is
required). The existing lot coverage is 14.5% and the proposed lot coverage is 15.3%, and the
existing gross floor area is 9% and the proposed gross floor area ratio is 10.7%. The subject
property is located at 91 Craigville Beach Road, Hyannis, MA
The subject lot is 0.21 acre and developed with a single-family dwelling and detached garage. The
dwelling is 2-bedropoms containing 838 square feet (1,510 gross), 1 story, and constructed in 1920
and has frontage on Craigville Beach Road Hyannis. The area contains a variety of sized single
family 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. 2024-031 - Sullivan
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
Lawrence and Elizabeth Sullivan, as Trustees of the King Kat Trust, have applied for a Special
Permit pursuant to Section 240-91H.(3) Developed Lot Protection; Demolition and Rebuilding on
Nonconforming Lots. The Applicants propose to demolish the existing 2-bedroom dwelling and
construct a new 2-bedroom dwelling. The lot is less than the required 10,000 sq. ft. and the new
dwelling proposes to maintain the existing nonconforming side yard setback of 8.5 ft. (where 15 ft. is
required). The existing lot coverage is 14.5% and the proposed lot coverage is 15.3%, and the
existing gross floor area is 9% and the proposed gross floor area ratio is 10.7%. The subject
property is located at 91 Craigville Beach Road, Hyannis, MA.
The existing dwelling has a front setback of 35.4 feet where 30 feet is required, side yard setback is
8.5 ft where 15 feet is required, and the rear yard setback is 77.2 feet where 15 feet is required. The
existing lot coverage is 14.7%. The existing Floor Area is 9%.
The proposed dwelling front yard setback is 30 feet where 30 feet is required, a side yard setback of
8.5 feet (unchanged), and a rear yard setback of 84.1 feet where 15 feet is required. The proposed
lot coverage is 15.3% where 20% is maximum, and the proposed Floor Area Ratio is 10.7% where
30% is the maximum.
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: 15.3% (20% maximum) – 1,440 square feet (1,882.4 square feet allowed)
• Floor-Area Ratio: 10.7% (30% maximum) – 1,007 square feet (2,823.6 square feet allowed)
• Building Height: 20 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. 2024-031 - Sullivan
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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 side yard setback will remain at 8.5 feet, and all other setbacks will
conform to the Ordinance.
5. The proposed lot coverage shall not exceed 20% or the existing lot coverage,
whichever is greater. The existing lot coverage is 14.7% and proposed lot coverage is
15.3%, 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 9% and the
proposed FAR is 10.7%, 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 20
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. 2024-031, it may wish to consider the following
conditions:
1. Special Permit No. 2024-031 is granted to Lawrence and Elizabeth Sullivan, as Trustees of the
King Kat Trust, for a Special Permit pursuant to Section 240-91H.(3) Developed Lot Protection;
Demolition and Rebuilding on Nonconforming Lots to demolish the existing 2-bedroom
dwelling and construct a new 2-bedroom dwelling. The lot is less than the required 10,000 sq.
ft. and the new dwelling proposes to maintain the existing nonconforming side yard setback of
8.5 ft. (where 15 ft. is required). The existing lot coverage is 14.5% and the proposed lot
coverage is 15.3%, and the existing gross floor area is 9% and the proposed gross floor area
ratio is 10.7%. The subject property is located at 91 Craigville Beach Road, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan of #91 Craigville Beach Road, Centerville MA” by Down Cape Engineering, Inc,
dated August 28, 2023 with a last revision date of July 31, 2024.
3. The total lot coverage of all structures on the lot shall not exceed 15.3% and the floor-area ratio
shall not exceed 10.7%.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2024-031 - Sullivan
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4. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the
dwelling or construction of 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 Nickerson)
Attachments: Application
Site Plan
Building plans