SR-2022-023 Starr 16 Second Ave No 4 OST Demo Rebuild Condo SPTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2022-012 –Starr
Section 240-93 B. Nonconforming Buildings or Structures not used as Single or Two
Family Dwellings
To allow the demolition and construction of a new Condominium Unit
Date:May 13, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Applicant:Sherri Starr, Trustee
Property Address:16 Second Avenue No. 4 Osterville, MA
Assessor's Map/Parcel:116/061-00H
Zoning:Residence C (RC)
Filed:April 26, 2022 Hearing:May 25, 2022 Decision Due:August 4, 2022
Copy of Public Notice
Sherri Starr, Trustee of Tempy Realty Trust, has applied for a Special Permit pursuant to
Section 240-93 B. Nonconforming Buildings or Structures not used as Single-or Two-Family
Dwellings, by Special Permit. The Applicant is proposing to demolish the existing 884 square
foot residential condominium unit and construct a new 1,054 square foot residential
condominium unit in accordance with plans prepared by W.B. Daniels Architectural Design and
by Canal Land Surveying and Permitting Inc. The subject property is located at 16 Second
Avenue No. 4, Osterville, MA as shown on Assessor’s Map 116 as Parcel 061-00H. It is located
in the Residence C (RC) Zoning District.
Background
The subject property is 1.12 acres located at the intersection of Second Ave and Parker Road in
Osterville. The property contains five detached residential structures and the subject
condominium,No. 4,contains 696 square feet of living area (884 square feet of gross square
footage) and constructed in 1980. A multi-unit condominium development appears uncommon
in this area.
Proposal & Relief Requested
Sherri Starr, Trustee of Tempy Realty Trust, has applied for a Special Permit pursuant to
Section 240-93 B. Nonconforming Buildings or Structures not used as Single-or Two-Family
Dwellings, by Special Permit. The Applicant is proposing to demolish the existing 884 square
foot residential condominium unit and construct a new 1,054 square foot residential
condominium unit in accordance with plans prepared by W.B. Daniels Architectural Design and
by Canal Land Surveying and Permitting Inc. The subject property is located at 16 Second
Avenue No. 4, Osterville, MA.
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
Town of Barnstable Planning and Development
Appeal No. 2022-023 -Starr
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.The existing use is pre-existing nonconforming and any
expansion/alteration is allowed under Section 240-93.
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.A Site Plan has been reviewed and found approvable with conditions.Site Plan
Review was not required.
Further, Section 240-93 B.requires the Board to find that:
4.The proposed repairs, alterations and/or expansion are not substantially more
detrimental to the surrounding neighborhood.
5.The proposed use is a conforming use (the applicant should withdrawn the request if
the Board and Applicant agree).
Suggested Conditions
Should the Board find to grant Special Permit No.2022-023, it may wish to consider the
following conditions:
1.Special Permit No.2022-023 is granted to Sherri Starr, Trustee of Tempy Realty Trust to
allow the demolition of the existing 884 square foot residential condominium unit and
construction of a new 1,054 square foot residential condominium unit in accordance with
plans prepared by W.B. Daniels Architectural Design and by Canal Land Surveying and
Permitting Inc. at 16 Second Avenue No. 4, Osterville, MA.
2.The improvements shall be in substantial conformance with the plan entitled “Site Plan
showing proposed conditions 16 Second Ave Unit #4 Barnstable, Massachusetts” by Civil
Land Surveying & Permitting, Inc. dated April 25, 2022.
3.The Applicant is required to attain all required permits, approvals,and licenses for the
proposed new construction.
4.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 issuance 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