HomeMy WebLinkAboutSR-2024-046 Bunn and Creedon 157 Poponessett Rd COT Setback Variance
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Variance No. 2024-046 – Bunn and Creedon
Section 240- 14 E. – Bulk Regulations in the RC-1 and RF District
To allow a proposed pool house with a 25 foot setback where 30 feet is required
Date: December 13, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: Brian M. Bunn and Jennifer A. Creedon
Property Location: 157 Poponessett Road, Cotuit, MA
Assessor's Map/Parcel: 019/079
Zoning: Residence F (RF)
Filed: November 20 2024 Hearing: January 8, 2025 Decision Due: March 1, 2025
Copy of Public Notice
Brian M. Bunn and Jennifer A. Creedon have petitioned for a Variance pursuant to Section 240-14
(E) RC-1 and RF Residential Districts and Section 240-126 Variance Provisions. The Applicants
seek a variance to the front yard setback to build an accessory structure (pool house) in the
northeast corner of their property. The Petitioners request a variance to the required 30-foot front
yard setback to locate the structure 25 feet from the property line. The subject property is located
at 157 Poponessett Road, Cotuit, MA, as shown on Assessor’s Map 019 as Parcel 079. It is
located in the Residence F (RF) Zoning District.
Background
The subject property addressed as 157 Poponessett Road, Cotuit, is a 0.47 acre lot and contains
an existing 4-bedroom single family dwelling of 2,414 square feet of living area (3,440 gross) and a
shed constructed in 1967. The area is residential in nature with a variety of shaped lots.
In Appeal No. 2024-009, the Petitioners sought a variance to the front and side yard setback
requirement to build an accessory structure (pool house) in the northwest corner of their lot
adjacent to their existing inground pool and existing walkway and hardscape patio areas and
retaining walls. The Petitioners proposed to reduce the front yard setback to 12.8 feet where 30
feet is required, and the side yard setback to 7.7 feet where 15 feet is required. The matter was
withdrawn.
Proposal & Relief Requested
Brian M. Bunn and Jennifer A. Creedon have petitioned for a Variance pursuant to Section 240-14
(E) RC-1 and RF Residential Districts and Section 240-126 Variance Provisions. The Applicants
seek a variance to the front yard setback to build an accessory structure (pool house) in the
northeast corner of their property. The Petitioners request a variance to the required 30-foot front
yard setback to locate the structure 25 feet from the property line. The subject property is located
at 157 Poponessett Road, Cotuit, MA, as shown on Assessor’s Map 019 as Parcel 079. It is
located in the Residence F (RF) Zoning District.
Procedure - NEW
A complete application has been received and as such the Board shall open the hearing by vote of
the Board. The Board shall then assign members and hear the matter before them. If the Board
needs additional information the Board may continue this matter to a date certain. Once the Board
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2024-046 – Bunn and Creedon
2
has exhausted their review the Board shall motion to close the public hearing. At this time no new
information or public comment is to be accepted by the Board. The Board shall now deliberate
render a decision. When rendering a decision, a motion shall be made to (approve, approve with
conditions, or deny) with the following findings and conditions. The Board shall state findings and
may state or reference proposed conditions. Once findings and conditions are completed, a second
is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote.
Lastly a vote is then called for.
Variance Findings
The statutory requirement of MGL Chapter 40A, Section 10 for granting a Variance is a three-
prong test. The Board is required to find that each of the following three requirements has been
met in order to consider granting the variance:
1. owing to circumstances related to soil conditions, shape, or topography of such land or
structures and especially affecting such land or structures but not affecting generally the
zoning district in which it is located;
2. a literal enforcement of the provisions of the zoning ordinance would involve substantial
hardship, financial or otherwise to the petitioner; and
3. desirable relief may be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the zoning ordinance.
An application for a Variance that has met all three requirements “does not confer … any legal right
to a Variance.” The Board still has the discretionary power to grant or not to grant the Variance.
Suggested Variance Conditions
Should the Board find to grant the Variance, it may wish to consider the following conditions:
1. Variance No. 2024-046, pursuant to Section 240-14 (E) RC-1 and RF Residential Districts
and Section 240-126 Variance Provisions, to build an accessory structure (pool house) in
the northeast corner of their property 25 feet from the property line where 30 feet is
required at 157 Poponessett Road, Cotuit, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Certified Plot Plan #157 Poponessett Road Cotuit, MASS” by EAS Survey Inc., dated
August 16, 2024 with a revision date of September 16, 2024.
3. The proposed development 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.
4. All mechanical equipment associated with the dwelling (air conditioners, electric generators,
etc.) shall be screened from neighboring homes and the public right-of-way.
5. 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 (Attorney Creedon)
Attachments: Application
Plan