HomeMy WebLinkAboutBunn Creedon II Proposed Variance Findings 1-8-25
PROPOSED VARIANCE FINDINGS
BRIAN M. BUNN AND 157 POPONESSETT ROAD
JENNIFER A. CREEDON COTUIT, MA 02653
In support of their request pursuant to Section 240-126 of the Barnstable Zoning
Ordinance and M.G.L. c. 40A, §10 for a five foot variance to the front yard set back
requirements of Section 240-14 (E.), the applicants propose the following as findings:
Variance Findings
The statutory requirement of MGL Chapter 40A, Section 10 for granting a Variance is a
three-prong test. The Board finds that each of the following three requirements has
been met as follows:
REQUIREMENT ONE:
1. Owing to the following circumstances related to the topography of applicants’
land or structures that especially affect such land or structures but that do not
affect generally the zoning district in which it is located as follows: (a.) a pool
house needs to be located in close proximity to the existing swimming pool but
not so close to it as to pose a safety concern; (b.) the proposed northeast corner
of the property is the only location available to site the proposed structure
adjacent to the pool; and (c) there is a significant change in topographical grade
supported by a rectangular retaining wall immediately behind and to the south
of the proposed location of the structure that further limits the area within
which the proposed structure can be located;
REQUIREMENT TWO:
2. a literal enforcement of the provisions of the zoning ordinance would involve
substantial hardship, financial or otherwise to the petitioner because: (a)
relocating the proposed structure to a different location not adjacent to the
the pool would preclude the applicants from utilizing the structure as a pool
house; or (b) further reducing the size of the proposed structure by an additional
five feet in depth would result in a structure lacking requisite depth and
inhabitable space to be utilized for its intended purpose as a pool house;
REQUIREMENT THREE:
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 because the request to vary the front yard set back
requirement from 30 feet to 25 feet is minimal, no abutter has communicated
opposition to the proposal and the abutter most directly affected whose
property is located immediately adjacent to the proposed structure submitted
correspondence indicating that he does not oppose the project as proposed.
Proposed Transitional Findings Language:
“In keeping with Massachusetts case law, this Board appropriately has exercised its
discretion to grant variances sparingly.”
“Based on the distinct factual circumstances presented in this application as set forth
above, the Board is authorized, and should exercise its discretion to use that authority,
to grant this Variance. As such, I make a motion that the Board grant this Variance,
subject to the imposition of specific conditions to be discussed hereafter.”
Respectfully submitted,
BRIAN M. BUNN AND JENNIFER A. CREEDON
By their attorney:
/s/Daniel M. Creedon, III
Daniel M. Creedon, III