SR-2022-046 Crosby 30 Crosby Circle OST NC SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2022-046 – Crosby
Section 240-91 H. (3) Developed Lot Protection
To allow the demolition and construction of a dwelling on a nonconforming lot
Date: September 8, 2022
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Mark A. Crosby and Scott Crosby, Trustees
Property Address: 30 Crosby Circle, Osterville, MA
Assessor's Map/Parcel: 116/022
Zoning: Residence C (RC)
Filed: August 26, 2022 Hearing: September 28, 2022 Decision Due: December 4, 2022
Copy of Public Notice
Mark A. Crosby and Scott E. Crosby, Trustees of 30 Crosby Circle Realty Trust, have applied for a
Special Permit pursuant to Section 240-91 (H)(3) Developed Lot Protection, Nonconforming Lot.
The Applicants propose to demolish the existing 3,004 square foot dwelling and construct a new
2,281 dwelling with attached garage in accordance with the plans prepared by Sullivan Eng ineering
and K. Marshall Works on a lot containing less than 10,000 square feet of upland. The subject
property is located at 30 Crosby Circle, Osterville, MA as shown on Assessor’s Map 116 Parcel 022.
It is located in Residence C (RC) Zoning District.
Background
The subject property is a square shaped 0.19 acre lot with frontage on Crosby Circle in Osterville.
The subject lot is improved with a 3-bedroom dwelling containing 1,522 square feet of living area
(3,004 gross), and constructed in 1920. The lot is served by public water, gas, and private septic.
The residential neighborhood contains similar sized lots.
Proposal & Relief Requested
Mark A. Crosby and Scott E. Crosby, Trustees of 30 Crosby Circle Realty Trust, have applied for a
Special Permit pursuant to Section 240-91 (H)(3) Developed Lot Protection, Nonconforming Lot.
The Applicants propose to demolish the existing 3,004 square foot dwelling and construct a new
2,281 dwelling with attached garage in accordance with the plans prepared by Sullivan Engineering
and K. Marshall Works on a lot containing less than 10,000 square feet of upland. The subject
property is located at 30 Crosby Circle, Osterville, 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: 27.7% (20% maximum) – 2,262 square feet (1,628 square feet allowed)
Floor-Area Ratio: 28% (30% maximum) – 2,281 square feet (2,443 square feet allowed)
Building Height: 19 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
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2022-046 - Crosby
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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 240-91 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 northerly side yard setback is 11.2 feet, the rear yard setback is 9.9 feet, the
southerly side yard setback is 16.1 and the front yard setback is 21.5 feet.
The proposed northerly side yard setback is 10.6 feet, the rear yard setback is 14.2 feet,
the southerly side yard setback is 11.1 and the front yard setback is 20.7.
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 27.7%, a reduction from the existing
lot coverage of 27.8%.
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 28%.
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 19 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. 2022-046, it may wish to consider the
following conditions:
1. Special Permit No. 2022-046 is granted to Mark A. Crosby and Scott E. Crosby, Trustees of
30 Crosby Circle Realty 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 3,004 square foot dwelling and construct a new 2,281
dwelling with attached garage in accordance with the plans prepared by Sullivan
Engineering and K. Marshall Works on a lot containing less than 10,000 square feet of
upland. The subject property is located at 30 Crosby Circle, Osterville, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan Proposed Improvements at 30 Crosby Circle Barnstable (Osterville) Mass” by
Sullivan Engineering & Consulting dated August 15, 2022.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2022-046 - Crosby
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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 27.7% and the floor-area
ratio shall not exceed 28%.
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