SR-2022-029 Leveroni REVISED 14 Beale Way BARN Demo Rebuild NC Lot SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2022-029 – Leveroni
Section 240-91(H)3 – Nonconforming Lot-Developed Lot Protection
To allow the demolition of two structures and construction of a new dwelling
Date: May 26, 2022 **Revised December 1, 2022**
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Maureen Leveroni
Property Address: 14 Beale Way, Barnstable, MA
Assessor's Map/Parcel: 279/014
Zoning: Residence F-1 (RF-1)
Filed: May 9, 2022 Hearing: December 7, 2022 Decision Due: January 15, 2023
Copy of Public Notice
Maureen Leveroni has applied for a Special Permit pursuant to Section 240.91 (H)(3)
Nonconforming Lot and requests a finding under M.G.L. Chapter 40A Section 6 regarding
compliance with floor area ratio. The Applicant proposes to demolish two existing single story
structures and replace the structures with one, *two story structure on the same or smaller footprint.
The subject property is located at 14 Beale Way, Barnstable, MA as shown on Assessor’s Map 279
Parcel 014. It is located in Residence F-1 (RF-1) Zoning District.
*Revised to 1 story
Background
Maureen Leveroni has applied for a Special Permit pursuant to Section 240.91 (H)(3)
Nonconforming Lot and MGL Chapter 40A Section 6. The Applicant proposes to demolish two
existing single story structures and replace the structures with one, *two story structure on the same
or smaller foot print. The subject property is located at 14 Beale Way, Barnstable, MA.
The subject lot is .09 acres (4,293 square feet) and developed with a two dwellings totaling 1,180
square feet of gross square feet constructed in 1960. The lot has 8.88 feet of frontage on Main
Street and 203.58 on Beale Way in Barnstable Village. A variety of lot sizes appear in the area but
this appears to be the smallest and most unique.
The existing dwellings have front yard setbacks of 10 feet and 9.5 feet from Beal Way, a northerly
setback of 5.7 feet, and an easterly setback of 2.9 feet. The existing lot coverage is 20.6%, Floor
Area Ratio (FAR) of 31.4 %, and 1 story. The existing height is 13 feet.
The proposed dwellings will have front yard setbacks from Beale way 10.1 feet and 11.5 f eet and
the northerly side yard setback of 6.0 feet and easterly side yard setback of 3.3 feet. The proposed
floor area ratio (FAR) is 22.9% and the proposed lot coverage is 20.2 %. The proposed height is 8
feet 6 ½ inches to the plate.
Section 240-91 H. reads:
(3) By special permit. If the proposed demolition and rebuilding cannot satisfy the criteria
established in Subsection H(1) above, then the Zoning Board of Appeals may allow the demolition
and rebuilding by special permit, provided that the Board finds that:
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2022-029 - Leveroni
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(a) If the proposed new dwelling does not comply with Subsection H(1)(a) above, then the
proposed yard setbacks must be equal to or greater than the yard setbacks of the existing
building; and
(b)All the criteria in Subsection H(1)(b)[1], [2] and [3] above are met.
(c) The proposed new dwelling would not be substantially more detrimental to the
neighborhood than the existing dwelling.
(d)This section shall only apply to Subsection H(2) to the extent that the proposed demolition
and rebuilding cannot satisfy the criteria established in Subsection H(1) above and shall not
be available for relief from any of the other provisions of Subsection H(2).
Proposal & Relief Requested
Maureen Leveroni has applied for a Special Permit pursuant to Section 240.91 (H)(3)
Nonconforming Lot and requests a finding under M.G.L. Chapter 40A Section 6 regarding
compliance with floor area ratio. The Applicant proposes to demolish two existing single story
structures and replace the structures with one, one story structure on the same or smaller footprint.
The subject property is located at 14 Beale Way, Barnstable, MA.
The existing dwellings have front yard setbacks of 10 feet and 9.5 feet from Beal Way, a northerly
setback of 5.7 feet, and an easterly setback of 2.9 feet. The existing lot coverage is 20.6%, Floor
Area Ratio (FAR) of 31.4 %, and 1 story. The existing height is 13 feet.
The proposed dwellings will have front yard setbacks from Beale way 10.1 feet and 11.5 feet and
the northerly side yard setback of 6.0 feet and easterly side yard setback of 3.3 feet. The proposed
floor area ratio (FAR) is 22.9% and the proposed lot coverage is 20.2 %. The proposed height is 8
feet 6 ½ inches to the plate.
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: 20.2% (20% maximum) – 867.18 square feet (858.6 square feet allowed)
Floor-Area Ratio: 22.9% (30% maximum) –983 square feet (1,287.9 square feet allowed)
Building Height: 8 feet 6 ½ inches to top of plate (30 feet maximum)
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 the complete demolition and rebuilding of a
residence 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.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2022-029 - Leveroni
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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 proposed side yard setbacks are greater than the existing setbacks.
5. The proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is
greater. The existing lot coverage is 20.6% and proposed lot coverage is 20.2%, a slight
improvement.
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 existing FAR is 20.6% and the
proposed FAR is 22.9%.
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 8 feet 6 ½ inches to the top of the plate and
the proposed dwelling is 1 story.
The Board is also asked to find that:
8. The proposed new dwelling would not be substantially more detrimental to the
neighborhood than the existing dwelling.
The Applicant has requested a finding under M.G.L. Chapter 40A Section 6:
9. The application meets Floor Area Ratio.
Suggested Conditions
Should the Board find to grant Special Permit No. 2022-029, it may wish to consider the following
conditions:
1. Special Permit No. 2022-029 is granted to Maureen Leveroni, pursuant to Section 240.91 (H)(3)
Nonconforming Lot and requests a finding under M.G.L. Chapter 40A Section 6 regarding
compliance with floor area ratio, to demolish two existing single story structures and replace the
structures with one, one story structure on the same or smaller footprint at 14 Beale Way,
Barnstable, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Leveroni Residence 14 Beale Way Barnstable MA Proposed Residence” Sheet A101 by
Sandbox Design Studios LLC, dated November 29, 2022.
3. The total lot coverage of all structures on the lot shall not exceed 20.2% and the floor-area ratio
shall not exceed 20.2%.
4. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the
dwelling 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/Land Court and
copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and
the Building Division prior to issuance of the building permit. The rights authorized by this
special permit must be exercised within two years, unless extended.
Copies: Applicants (c/o Attorney Paul Tardif)
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2022-029 - Leveroni
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Attachments: Application
Site Plan
Building plans