SR-2022-022 Kusiak 130 Seventh Ave CENT NC SPTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No.2022-022 –Kusiak
Section 240-91 H. (3)Developed Lot Protection
To allow the demolition and construction of a dwelling on a nonconforming lot
Date:May 13, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Applicant:Kathleen J. Kusiak, Trustee
Property Address:130 Seventh Avenue, Centerville, MA
Assessor's Map/Parcel:245/062
Zoning:Residence B (RB)
Filed:April 26, 2022 Hearing:May 25, 2022 Decision Due:August14,2022
Copy of Public Notice
Kathleen J. Kusiak, Trustee of the Kathleen Joyce Kusiak Revocable Trust has applied for a Special
Permit pursuant to Section 240-91 H.(3) Developed Lot Protection, Demolition and Rebuilding on
nonconforming lots by Special Permit. The Applicant is proposing to demolish the existing 1,646
square foot dwelling and construct a 2,367 square foot dwelling pursuant to the plans by ES Design
and by Down Cape Engineering. The subject property is located at 130 Seventh Avenue, Hyannis,
MA as shown on Assessor’s Map 245 as Parcel 062. It is located in the Residence B (RB) Zoning
District.
Background
The subject property is a square shaped 0.18 acre lot with frontage Seventh Ave and Forrest Street
in Centerville.The subject lot is improved with a 3-bedroom dwelling containing 1,364 square feet
of living area (1,646 gross),and constructed in 1952.The lot is served by public water, gas, and
private septic.The residential neighborhood contains similar shaped lots.
Proposal & Relief Requested
Kathleen J. Kusiak, Trustee of the Kathleen Joyce Kusiak Revocable Trust has applied for a Special
Permit pursuant to Section 240-91 H.(3) Developed Lot Protection, Demolition and Rebuilding on
nonconforming lots by Special Permit. The Applicant is proposing to demolish the existing 1,646
square foot dwelling and construct a 2,367 square foot dwelling pursuant to the plans by ES Design
and by Down Cape Engineering. The subject property is located at 130 Seventh Avenue, Hyannis,
MA.
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:22.5%(20% maximum)–1,844 square feet (1,595 square feet allowed)
Floor-Area Ratio:29%(30% maximum)–2,314 square feet (2,393.7 square feet allowed)
Building Height:29.7 feet to plate (30 feet maximum allowed)
Proposed Special Permit Findings
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2022-022 -Kusiak
2
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 demolition and rebuilding 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 existing front yard setbacks are 22.3 feet from Forrest St and
35.7 feet from Seventh Ave, easterly side yard setback is 2 feet and northerly side yard
setback is 6.7 feet. The proposed front yard setbacks are 31.8 feet from Forrest Street
and 27.1 from Seventh Ave,and the northerly side yard setback is 6.5 feet and the
easterly side yard setback is 10.1 feet.The required setbacks are 20 feet front,side and
rear are 10 feet.
5.The proposed lot coverage shall not exceed 20% or the existing lot coverage,
whichever is greater.The proposed lot coverage is 22.5%, a reduction from the existing
lot coverage of 23.12%.
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 proposed FAR is 29%.
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 is approx.29.7 feet to plate
(30 feet maximum)and is 2 stories.
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 the Special Permit No. 2022-022, it may wish to consider the
following conditions:
1.Special Permit No. 2022-022 is granted to Kathleen J. Kusiak, Trustee of the Kathleen Joyce
Kusiak Revocable Trust for a Special Permit pursuant to Section 240-91 H.(3) Developed
Lot Protection, Demolition and Rebuilding on nonconforming lots by Special Permit to
demolish the existing 1,646 square foot dwelling and construct a 2,367 square foot dwelling
pursuant to the plans by ES Design and by Down Cape Engineering at 130 Seventh Avenue,
Hyannis, MA.
2.The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan of 130 Seventh Avenue West Hyannisport, MA”by Down Cape Engineering, Inc.,
dated April 25, 2022.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2022-022 -Kusiak
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3.The proposed redevelopment shall represent full build-out of the lot. Further alteration or
expansion of the dwelling or construction of additional accessory structures is prohibited
without prior approval from the Board.
4.The total lot coverage of all structures on the lot shall not exceed 22.5% and the floor-area
ratio shall not exceed 29%.
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 (c/o Attorney Michael Schulz)
Attachments:Application
Site Plan