SR-2022-024 Zhang Wang 401 Ocean St HY NC SPTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No.2022-024 –Zhang/Wang
Section 240-91 H. (3)Developed Lot Protection
Section 240-92 B. Nonconforming Buildings used as Single and two-family Residences
Section 240-93 B. Nonconforming Buildings not used as Single or two-family Residences
Section 240-94 A. Alteration of a Nonconforming use
Section 240-94 B. Expansion of a Nonconforming Use
To allow the demolition of the existing two dwellings and the construction of two dwellings,and
to transfer one kitchen from principal dwelling to cottage
Date:May 13, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Applicant:Ying Zhang and Yingli Wang
Property Address:401 Ocean Street, Hyannis, MA
Assessor's Map/Parcel:325/010
Zoning:Residence B (RB)
Filed:April 26, 2022 Hearing:May 25, 2022 Decision Due:August14,2022
Copy of Public Notice
Ying Zhang and Yingli Wang have applied for a Special Permit pursuant to Section 240-91 H. (3)
Developed Lot Protection, Demolition and Rebuilding on nonconforming lots by Special Permit,
Section 240-92 B. Nonconforming Buildings or Structures used as Single and Two-Family
Residences by Special Permit, Section 240-93 B. Nonconforming Buildings or Structures not used
as Single and Two-Family Residences by Special Permit, and Alteration of a Nonconforming Use
pursuant to Section 240-94 A. and Expansion under Section 240-94 B. The Applicant is proposing
to demolish the existing two dwellings (principal dwelling contains 2,600 square feet and Cottage
contains 500 square feet) and construct two dwellings (proposed principal dwelling will contain
2,728 square feet and the proposed cottage will contain 960 square feet) and to transfer the second
kitchen facilities from the Principal Dwelling to the Cottage. The subject property is located at 401
Ocean Street, Hyannis, MA as shown on Assessor’s Map 325 as Parcel 010. It is located in the
Residence B (RB) Zoning District.
Background
The subject property is a 0.65 acre lot with frontage on Ocean Street, overlooking Snows Creek in
Hyannis.The subject lot is improved with a 5-bedroom principal dwelling containing 2,600 square
feet of living area (3,956 gross),and constructed in 1915.The lot also has a 1-bedroom Cottage
containing 500 square feet of living area (965 gross) and constructed in 1995. The lot is served by
public water, gas, and sewer.The residential neighborhood contains a variety of shaped lots.
In 1996, the previous owner had applied for a Use Variance to legalize the 2-Family use but the
application was later withdrawn as it was determined that this use was a legal nonconforming use.
Other Approvals
January 18, 2022 the Barnstable Historical Commission approved this proposed development.
Proposal & Relief Requested
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2022-024 –Zhang/Wang
2
Ying Zhang and Yingli Wang have applied for a Special Permit pursuant to Section 240-91 H. (3)
Developed Lot Protection, Demolition and Rebuilding on nonconforming lots by Special Permit,
Section 240-92 B. Nonconforming Buildings or Structures used as Single and Two-Family
Residences by Special Permit, Section 240-93 B. Nonconforming Buildings or Structures not used
as Single and Two-Family Residences by Special Permit, and Alteration of a Nonconforming Use
pursuant to Section 240-94 A. and Expansion under Section 240-94 B. The Applicant is proposing
to demolish the existing two dwellings (principal dwelling contains 2,600 square feet and Cottage
contains 500 square feet) and construct two dwellings (proposed principal dwelling will contain
2,728 square feet and the proposed cottage will contain 960 square feet) and to transfer the second
kitchen facilities from the Principal Dwelling to the Cottage. The subject property is located at 401
Ocean Street, 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:15%(20% maximum)–2,240 square feet (2,960 square feet allowed)
Floor-Area Ratio:24%(30% maximum)–3,688 square feet (4,440 square feet allowed)
Building Height:30 feet to plate (30 feet maximum allowed)
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.
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.Section 240-92 B. allows for an expansion/alteration by Special
Permit. Section 240-93 B. allows for an expansion/alteration by Special Permit. Section
240-94 A. and B. allow for alteration/ expansion by Special Permit.
Staff Comment:The Applicant has applied for both 2 family (240-92 B)and non 2 family (240-93 B).Staff
recommends making a finding here that the ZBA determined X applied and the Applicant withdraw the other
request.
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.Existing front yard setback for the principal dwelling is 24 feet,
and the side yard setback for the accessory dwelling is 7.8 feet. The proposed front yard
setback is 20 feet, and the proposed side yard setback for the accessory structure is
remains at 7.8 feet.The front yard setback requirement in the RB District is 20 feet.
5.The proposed lot coverage shall not exceed 20% or the existing lot coverage,
whichever is greater.The proposed lot coverage is 15%.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2022-024 –Zhang/Wang
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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 24%.
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.30 feet to plate (30
feet maximum)and is 2 1/2 stories.
8.The proposed new dwelling would not be substantially more detrimental to the
neighborhood than the existing dwelling.
Section 240-94 A. requires the Board to make the following findings:
9.The applicant has received all necessary approvals from the Board of Health.
10.The proposed nonconforming use:
(a)Requires no more parking than the previous use;
(b)Does not generate more traffic than the previous use, as measured by the Institute of
Transportation Engineers Trip Generation Handbook or other sources acceptable to the
Zoning Board of Appeals, nor does it cause Town expenditures to address traffic
mitigation measures;
(c)Does not result in an increase of on-site and off-site noise, dust, and odors;
(d)Does not result in an increase in the hours of operation or in the number of tenants or
employees;
(e)Does not expand the gross floor area of the nonconforming use, except as may be
provided in §240-93B, nor does it increase the number of nonconforming uses on a site;
(f)Is on the same lot as occupied by the nonconforming use on the date it became
nonconforming; and
(g)Is not expanded beyond the zoning district in existence on the date it became
nonconforming.
Section 240-94 B.requires the board to make the following findings:
11.Any proposed expansion of the use shall conform to the established setbacks for the
zoning district in which it is located, or such greater setbacks as the Zoning Board of
Appeals may require due to the nature of the use and its impact on the neighborhood and
surrounding properties.
12.The proposed use and expansion is on the same lot as occupied by the nonconforming
use on the date it became nonconforming.
13.The proposed new use is not expanded beyond the zoning district in existence on the
date it became nonconforming.
14.At the discretion of the Zoning Board of Appeals, improvements may be required in order
to reduce the impact on the neighborhood and surrounding properties including but not
limited to the following:
(a)Greater conformance of signage to the requirements of Article VII;
(b)The addition of off-street parking and loading facilities;
(c)Improved pedestrian safety, traffic circulation and reduction in the number and/or
width of curb cuts;
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2022-024 –Zhang/Wang
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(d)Increase of open space or vegetated buffers and screening along adjoining lots
and roadways. The applicant shall demonstrate maximum possible compliance with
§240-53, Landscape Requirements for Parking Lots, Subsection F, if applicable.
(e)Accessory uses or structures to the principal nonconforming use may be required
to be brought into substantial conformance with the present zoning.
Section 240-93 B. requires the board to make the following finding:
15.The proposed repairs, alterations and/or expansion are not substantially more detrimental
to the surrounding neighborhood. If the building or structure houses a nonconforming use,
the provisions of §240-94 shall also apply.
Suggested Conditions
Should the Board find to grant the Special Permit No. 2022-024, it may wish to consider the
following conditions:
1.Special Permit No. 2022-024 pursuant to Section 240-91 H. (3) Developed Lot Protection,
Demolition and Rebuilding on nonconforming lots by Special Permit,Section 240-92 B.
Nonconforming Buildings or Structures used as Single and Two-Family Residences
by Special Permit,Section 240-93 B. Nonconforming Buildings or Structures not used
as Single and Two-Family Residences by Special Permit,(The Board should select one
or the other and the Applicant should withdraw one)and Alteration of a Nonconforming Use
pursuant to Section 240-94 A. and Expansion under Section 240-94 B.is granted to Ying
Zhang and Yingli Wang for the demolition of the existing two dwellings (principal dwelling
contains 2,600 square feet and Cottage contains 500 square feet) and the construction of
two dwellings (proposed principal dwelling will contain 2,728 square feet and the proposed
cottage will contain 960 square feet) and to transfer the second kitchen facilities from the
Principal Dwelling to the Cottage at 401 Ocean Street, Hyannis, MA.
2.The site development shall be constructed in substantial conformance with the plan entitled
“Wang Residence 401 Ocean St Hyannis MA Proposed Conditions”by Fine Line Design
dated April 22, 2022.
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 15% and the floor-area
ratio shall not exceed 24%.
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 Jenn Carey)
Attachments:Application
Site Plan