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HomeMy WebLinkAboutSR-2024-034 Mannheim Realty LLC 19 Irving Ave and 17 Hawthorn Ave HY Merged Lots SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2024-034 – Mannheim Realty LLC Section 240-91 F. Merged Lots To allow the transfer of Lot 2B to 19 Irving Avenue from 17 Hawthorn Avenue Date: September 26, 2024 REVISED October 2, 2024 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Mannheim Realty LLC Property Address: 17 Hawthorn Avenue, Hyannis, MA Assessor's Map/Parcel: 286/003 Zoning: Residence F-1(RF-1) Filed: September 10, 2024 Hearing: October 9, 2024 Decision Due: December 20, 2024 Copy of Public Notice Mannheim Realty, LLC has applied for a Special Permit pursuant to Section 240-91 F Merged Lots. The Applicant seeks to transfer Lot 2B, which is presently part of 17 Hawthorne Avenue (Lots 3 and 2B), to 19 Irving Avenue, which is presently comprised of Lot 1 and Lot 2A. With the requested relief, 19 Irving Avenue would be comprised of Lots 1, 2A, and 2B, and 17 Hawthorne Avenue would be comprised of Lot 3. No additional building lot is being created. The subject property is located at *19 Irving Avenue, Hyannis, MA as shown on Assessor’s Map 286 as Parcel 006. It is located in the Residence F-1 (RF-1) Zoning District. *the subject property is 17 Hawthorn Ave (Map 286/Parcel 003) and the property receiving Lot 2B is 19 Irving Ave. Background Mannheim Realty, LLC has applied for a Special Permit pursuant to Section 240-91 F Merged Lots. The Applicant seeks to transfer Lot 2B, which is presently part of 17 Hawthorne Avenue (Lots 3 and 2B), to 19 Irving Avenue, which is presently comprised of Lot 1 and Lot 2A. With the requested relief, 19 Irving Avenue would be comprised of Lots 1, 2A, and 2B, and 17 Hawthorne Avenue would be comprised of Lot 3. No additional building lot is being created. The subject property is located at 19 Irving Avenue, Hyannis, MA. The subject lot is 0.37acre and developed with a single-family dwelling and detached garage. The dwelling is 3-bedrooms containing 1,174 square feet (3,404 gross), 1 story, and constructed in 1800 and has frontage on Irving Ave and Atlantic Ave in Hyannis. The area contains a variety of sized single family residential lots. Section 240-91 F. reads: Merged lots. Except as otherwise provided herein, lawfully nonconforming lots that are adjoining and held in common ownership, or under the control of the same owner, shall be treated so as to conform so far as possible with the minimum area requirement of the zoning district in which they are located. No lot so merged, or portion thereof, may be changed or transferred in any manner that will increase the degree of nonconformity unless a special Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-034 Mannheim Realty LLC 2 permit has first been obtained from the Zoning Board of Appeals. No such special permit may create any additional buildable lot(s). Proposal & Relief Requested Mannheim Realty, LLC has applied for a Special Permit pursuant to Section 240-91 F Merged Lots. The Applicant seeks to transfer Lot 2B, which is presently part of 17 Hawthorne Avenue (Lots 3 and 2B), to 19 Irving Avenue, which is presently comprised of Lot 1 and Lot 2A. With the requested relief, 19 Irving Avenue would be comprised of Lots 1, 2A, and 2B, and 17 Hawthorne Avenue would be comprised of Lot 3. No additional building lot is being created. The subject property is located at 19 Irving Avenue, Hyannis, MA. 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 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. Suggested findings are as follows: 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit: Section 240-91 F. allows for a Special Permit. 2. 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. 3. The single-family nature of the property and of the accessory nature of the detached structure are preserved. Suggested Conditions Should the Board find to grant Special Permit No. 2024-034, it may wish to consider the following conditions: 1. Special Permit No. 2024-034 is granted to Mannheim Realty, LLC for a Special Permit pursuant to Section 240-91 F Merged Lots to transfer Lot 2B, which is presently part of 17 Hawthorne Avenue (Lots 3 and 2B), to 19 Irving Avenue, which is presently comprised of Lot 1 and Lot 2A. With the requested relief, 19 Irving Avenue would be comprised of Lots 1, 2A, and 2B, and 17 Hawthorne Avenue would be comprised of Lot 3. No additional building lot is being created. The subject property is located at 19 Irving Avenue, Hyannis, MA. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-034 Mannheim Realty LLC 3 2. The site development shall be constructed in substantial conformance with the plan entitled “Plan of Land at 12 Atlantic Avenue Barnstable (Hyannisport) Mass” by CapeSurv, dated June 28, 2019. 3. 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 Michael Schulz) Attachments: Application Site Plan