SR-2021-057 O'Neill and Dunbar Point LLC 689 and 697 Scudder Ave HY property line SPTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No.2021-057 –O’Neill and Dunbar Point LLC
Section 240-91 Nonconforming lot
A.Separate Lot Exemption
B.Common Lot Exemption
F.Merged Lots
To allow the relocation of the shared property line which will result in the cottage on abutting
lot
Date:November 22, 2021 **REVISED July 18, 2022**
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Applicant:J. Brian O’Neill, Miriam O’Neill and Dunbar Point LLC
Applicants Address:2701 Renaissance Blvd, 4th floor, King of Prussia PA 19406
Property Address:689 and 697 Scudder Avenue Hyannis
Assessor's Map/Parcel:287, 061 and 062
Zoning:Residence F-1(RF-1)
Filed:October 5, 2021 Hearing:December 8, 2021 Decision Due:January 13, 2022Copy of Public Notice
J. Brian O’Neill, Miriam O’Neill, and Dunbar Point LLC have applied for a Special Permit pursuant to
Section 240-91 F Merged Lots. The Applicant seeks to relocate the property line between 689 and
697 Scudder Avenue which would result in the cottage to be part of 689 Scudder Avenue. The
subject properties are 689 Scudder Ave and 697 Scudder Ave, Hyannis, MA on Assessors Map
287, Parcels 061 and 062.Both properties are located in the Residence F-1 (RF-1) Zoning District.
Background
Subject property addressed as 689 Scudder Ave consists of 0.5 acres and contains a 6-bedroom,
single family dwelling with 5,957 square feet of living area (13,991 gross)constructed in 1825.The
lot is located at the intersection of Scudder Ave and Wachusett Avenue in the Hyannisport area.
Subject property addressed as 697 Scudder Ave consists of 0.5 acres and contains a 9-bedroom
single family dwelling with 4,404 square feet of living area (6,180 gross) constructed in 1860. The
lot is located at the intersection of Scudder Ave and Irving Street in the Hyannisport area.
Both residential lots are consistent with the lot sizes in the neighborhood. Both lots are served by
public water, gas, and private septic.
Special Permit 1978-67 allowed the conversion of a garage to an apartment to be used by the
property owner at 697 Scudder Ave with the condition that neither the principal dwelling nor the
cottage can be rented out and a violation of this restriction shall result in a revocation of the Special
Permit.
Proposal & Relief Requested
J. Brian O’Neill, Miriam O’Neill, and Dunbar Point LLC have applied for a Special Permit pursuant to
Section 240-91 F Merged Lots. The Applicant seeks to relocate the property line between 689 and
697 Scudder Avenue which would result in the cottage to be part of 689 Scudder Avenue. The
subject properties are 689 Scudder Ave and 697 Scudder Ave, Hyannis, MA
§240-91Nonconforming lot states:
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2021-057 O’Neill and Dunbar Point LLC
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A.Separate lot exemption.Any increase in area, frontage, width, yard or depth requirement of this
chapter shall not apply to a lot for single-or two-family residential use which at the time of recording
or endorsement:
(1)Was not held in common ownership with any adjoining land; and
(2)Had a minimum of 5,000 square feet of area and 50 feet of frontage or the minimum
frontage requirement for the zoning district in which it is located; and
(3)Conformed to the existing zoning if any when legally created; and
(4)Was separately owned at the time of every zoning change which made it nonconforming.
B.Common lot protection states:
(1)Any increase in the area, frontage, width, yard or depth requirement of this chapter shall
not apply for a period of five years from the effective date of the change, to a lot for single-
or two-family residential use that:
(a)Is held in common ownership with not more than two adjoining lots; and
(b)Had a minimum of 7,500 square feet in area and 75 feet of frontage or the
minimum frontage requirement for the zoning district in which it is located; and
(c)Was recorded or endorsed on a plan that conformed to zoning when legally
created; and
(d)Conformed to applicable zoning requirements as of January 1, 1976.
240-91 F.Merged lots, states:
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 permit has first been obtained from the
Zoning Board of Appeals. No such special permit may create any additional buildable lot(s).
Staff Comments
Special Permit No. 2021-057 is being heard in conjunction with Variance No. 2021-063.By
relocating the property line between two preexisting nonconforming lots, a variance is required to
create two new nonconforming lots. The Cottage at No. 697 Scudder Ave received a Special
Permit in 1978. By relocating the cottage to No. 689 Scudder Ave, the permitting path for the use
must be determined. The Cottage could be a Family Apartment with a Special Permit, it could be
permitted as an Accessory Dwelling Unit, or rented as an Accessory Affordable Apartment.This
proposal will need to revise the condition within Special Permit 1978-67 which prohibits the cottage
from being rented.
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 240-91F allows for lawfully nonconforming lots that are
adjoining and held in common ownership, or under the control of the same owner, shall be
Town of Barnstable Planning and Development Department Staff Report
Special Permit No.2021-057 O’Neill and Dunbar Point LLC
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treated so as to conform so far as possible with the minimum area requirement of the zoning
district by Special Permit.
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.
The Board is also asked to find that:
4.The proposed new dwelling would not be substantially more detrimental to the
neighborhood than the existing dwelling.
5.The existing accessory structure, once an apartment, will require further relief if
seeking to restore the residential use.
Suggested Conditions
Should the Board find to grant the Special Permit No. 2021-057, it may wish to consider the
following conditions:
1.Special Permit No. 2021-057 is granted to J. Brian O’Neill, Miriam O’Neill, and Dunbar Point
LLC to increase the degree of nonconformity by relocating the property line between 689 and
697 Scudder Avenue which would result in the accessory structure to be part of 689 Scudder
Avenue, Hyannis.
2.The site development shall be constructed in substantial conformance with the plan entitled
“Draft Plan of Land at 689 and 697 Scudder Ave, Barnstable (Hyannisport) Massachusetts”by
CapeSurv dated March 24, 2021.
3.The accessory structure being relocated to 689 Scudder Avenue shall not be a separate
dwelling unit without further relief.No increase in square footage of the accessory structure shall
be allowed without further relief.
4.The proposed redevelopment shall represent full build-out of the lots.Any expansion of the
dwellings or construction of additional accessory structures is prohibited without prior approval
from the Board.
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 issuance building permit. The rights authorized by this special permit must be
exercised within two years, unless extended.
Copies:Applicant (c/o Attorney Paul Revere)
Attachments:Application
Site Plan
Building plans
Special Permit No. 1978-67