SR-2022-020 Borsatto 135 Sea St HY ADU SPTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No.2022-020 –Borsatto
Section 240-47.2 C.(4)–Accessory Dwelling Unit (ADU)
Section 240-47.2 C. (5)–Accessory Dwelling Unit (ADU)
To create a 3-bedroom accessory dwelling unit within existing floor area to be occupied by
three adults
Date:May 3, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Applicant:Kelly Borsatto
Property Address:135 Sea Street, Hyannis, MA
Assessor's Map/Parcel:307/279
Zoning:Residence B (RB)
Filed:April 14, 2022 Hearing:May 11, 2022 Decision Due:July 23, 2022
Copy of Public Notice
Kelly Borsatto has applied for a Special Permit in accordance with Section 240-47.2 (C) (4) and
Section 240-47.2.(C) (5) Accessory Dwelling Unit. The Applicant seeks to *construct a 770 square
foot 3-bedroom Accessory Dwelling Unit (ADU) which exceeds the number of bedrooms and
number of adults. The subject property is located at 135 Sea Street, Hyannis, MA as shown on
Assessors Map 307 as Parcel 279. The property is located in the Residence B (RB) Zoning District.
*clarification:Create a 770 square foot ADU in existing floor area
Background
The subject property consists of a .23 acre lot with frontage on Sea Street in Hyannis.According to
the Assessors records, the lot is developed with a 5-bedroom single family dwelling containing
2,546 square feet of living area (3,884 square feet of gross area)constructed in 1930.The area
consists of a variety of sized residential lots.
Proposal & Relief Requested
The Applicant is proposing to establish an accessory dwelling unit of 770 square feet within existing
floor area at 135 Sea Street, Hyannis, MA, in addition to the existing 5-bedroom principal dwelling.
The proposed ADU exceeds the allowable number of bedrooms and the number of adults, therefore
a Special Permit is required pursuant to Section 240-47.2 C. (4)and (5).
Section 240-47.2 C. reads as follows:
C.Use and dimensional requirements. The Building Commissioner may issue a building permit
authorizing the installation and use of an accessory dwelling unit within a lawful existing or new
single-family dwelling to which the ADU is accessory, or in a new or existing detached building
accessory to and on the same lot as the principal dwelling subject to the following:
(1)No more than one ADU may be created per lot. This provision is not subject to variance.
(2)If the primary entrance of an ADU is not proposed to be shared with that of the principal
dwelling, such entrance shall be less visible from the street view of the principal dwelling
than the main entrance of the principal dwelling.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2022-020 -Borsatto
2
(3)An ADU shall be designed so that, to the maximum extent practical, the appearance of
the property on which it is to be located remains that of a single-family residential property.
Any addition or new construction shall be consistent in design with the principal single-family
dwelling, considering the following: architectural details, roof design, building spacing and
orientation, door and window location, and building materials. Any person aggrieved by the
determination of a Town official with respect to a determination under this subsection may
appeal said determination to the Zoning Board of Appeals.
(4)The ADU shall contain no more than two bedrooms. ADUs, in accordance with the
definition, shall have a maximum habitable floor area that is not larger than 1/2 of the
habitable floor area of the principal single-family dwelling unit (exclusive of floor area that
converted to the ADU), or 900 square feet, whichever is smaller. ADUs with more than two
bedrooms and/or a maximum habitable floor area greater than 900 square feet may be
permitted by special permit from the Zoning Board of Appeals. Garages, unfinished attics
and basements, common entries, porches and decks shall not be included in the floor area
calculations.
(5)Occupancy of the ADU shall not exceed two persons; occupancy limitations shall not
apply to children ages 18 and under. Occupancy of an ADU by more than two persons over
the age of 18 may be permitted by special permit from the Zoning Board of Appeals.
(6)Once an ADU has been added to a single-family dwelling or lot, the accessory dwelling
unit shall not be enlarged beyond the square footage allowed by this section.
(7)All parking for the ADU shall be off street.
(8)The Board of Health must have documented to the Building Commissioner that sewage
disposal will be satisfactorily provided for in accordance with the provisions of Title 5 and
Board of Health regulations, including provisions for an appropriate reserve area on the site.
The principal dwelling unit and accessory dwelling unit shall meet all wastewater
requirements for the combined number of bedrooms/wastewater flow on the lot. If the
property is served by municipal sewer,the Department of Public Works shall certify
adequate capacity is available to serve the additional unit.
(9)The rights and requirements of this section hereby transfer upon the sale of a property
containing an ADU built under the provisions of this section.
(10)An ADU and the principal dwelling to which it is accessory may be rented only in
accordance with the terms of this section.
(11)An ADU shall be used only as a rental, except that the owner of the property may reside
in the ADU while renting the principal dwelling. The rental period for an ADU and for a
principal dwelling shall not be shorter than 12 consecutive months. Either the principal
dwelling or ADU, but not both, may be rented at any given time.
(12)Any commercial use, with the exception of permitted home occupations, shall not be
allowed on a property on which there is an ADU.
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
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2022-020 -Borsatto
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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 240-47.2.C. allows a Special Permit for an
Accessory Dwelling unit that exceeds the allowable bedrooms and number of adults.
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.
Suggested Conditions
Should the Board find to grant Special Permit No. 2022-020, it may wish to consider the following
conditions:
1.Special Permit No. 2022-020 is granted to Kelly Borsatto to create an Accessory Dwelling Unit
of 770 square feet, 3-bedrooms,for three adults,at 135 Sea Street, Hyannis, MA.
2.The site development shall be constructed in substantial conformance with the plan entitled “Plot
Plan of Land Located in Hyannis “Barnstable” MA #135 Sea Street"by Carmen E. Shay
Environmental Services, Inc dated January 15, 2005.The Board should note that this plan
is not up to date
3.The proposed development shall represent full build-out of the lot.Further development of the
lot or construction of additional accessory structures is prohibited without prior approval from the
Board.
4.The Applicant must comply with the restrictions in Section 240-47.2 C.Accessory Dwelling Units
Procedural Requirements 1-3 of the Ordinance as follows:
(1)An ADU that conforms to the requirements contained herein shall be permitted as an
accessory use to a lawful single-family dwelling use, except that no ADU shall be permitted
on a lot at the same time either an affordable accessory apartment exists on that lot
pursuant to Chapter 9, Article II, §§9-12 through 9-16, of the General Ordinances of the
Code of the Town of Barnstable or as a family apartment exists on that lot pursuant to
§240-47.1.
(2)Prior to issuance of a building permit for an ADU, site plans, floor plans and elevations
shall be submitted showing the proposed interior and exterior changes to existing buildings
or new buildings and improvements on a lot associated with a proposed ADU.
(3)The construction of any accessory dwelling unit must be in conformity with the federal,
state, and local laws and regulations, including all historic, and Old King's Highway
requirements if applicable.
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 and copies of the
recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building
Division prior to the issuance of a building permit. The rights authorized by this special permit
must be exercised within two years, unless extended.
Copies:Applicant
Attachments:Application
Plot Plan