SR-2022-048 Pigott 95 Sunset Lane BARN NC SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2022-048 – Pigott
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: William T. and Prudence A. Pigott
Property Address: 95 Sunset Lane, Barnstable, MA
Assessor's Map/Parcel: 301/027
Zoning: Residence B (RB)
Filed: August 31, 2022 Hearing: September 28, 2022 Decision Due: December 9, 2022
Copy of Public Notice
William T. Pigott and Prudence A. Pigott have applied for a Special Permit pursuant to Section 240 -
91.H(3) – Developed Lot Protection, Nonconforming Lot. The Applicants are seeking to demolish
an existing 3,588 square foot single-family dwelling and construct a 3,321 square foot single-family
dwelling on a lot containing less than 10,000 square feet of upland in accordance with plans
prepared by James Phillip Golden Architect and Down Cape Engineering. The property is located
at 95 Sunset Lane, Barnstable, MA as shown on Assessor’s Map 301 as Parcel 027. It is located in
the Residence B (RB) Zoning District.
Background
The subject property is a square shaped 0.23 acre lot with frontage on Sunset Lane and
overlooking Barnstable Harbor in Barnstable Village. The subject lot is improved with a 4-bedroom
dwelling containing 2,567 square feet of living area (3,588 gross), and constructed in 1977. The lot
is served by public water, gas, and sewer. The residential neighborhood contains similar sized lots.
Proposal & Relief Requested
William T. Pigott and Prudence A. Pigott have applied for a Special Permit pursuant to Section 240 -
91.H(3) – Developed Lot Protection, Nonconforming Lot. The Applicants are seeking to demolish
an existing 4,132 square foot single-family dwelling and construct a 3,321 square foot single-family
dwelling on a lot containing less than 10,000 square feet of upland in accordance with plans
prepared by James Phillip Golden Architect and Down Cape Engineering. The property is located
at 95 Sunset Lane, Barnstable, 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: 19.9% (20% maximum) – 1,670 square feet (1,679 square feet allowed)
Floor-Area Ratio: 39.5% (30% maximum) – 3,274 square feet (2,518 square feet allowed)
Building Height: 28 ft 6 inches 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. 2022-048 - Pigott
2
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 w ithin 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 setback is 19.1 feet, side yard setback is 10.6 feet, rear yard
setback to the water is 33.1 feet.
The proposed front yard setback is 20.1 feet, side yard setback is 10.6 feet, rear yard
setback to the water is 33.1 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 19.9%, a reduction from the existing
lot coverage of 20.7%.
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 39.5%, a
reduction from the existing FAR of 43%.
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. 28 feet 6 inches 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. 2022-048, it may wish to consider the
following conditions:
1. Special Permit No. 2022-048 is granted to William T. Pigott and Prudence A. Pigott 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 3,588 square
foot dwelling and construct a new 3,321 dwelling in accordance with plans prepared by
James Phillip Golden Architect and Down Cape Engineering on a lot containing less than
10,000 square feet of upland. The subject property is located at 95 Sunset Lane, Barnstable,
MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan of #95 Sunset Lane Barnstable MA” by Down Cape Engineering Inc dated August
9, 2021 with a last revision date of August 31, 2022.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2022-048 - Pigott
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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 19.9% and the floor-area
ratio shall not exceed 39.5%.
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