HomeMy WebLinkAboutSR-2025-003 daSilva 139 Park Ave CENT Setback Variance
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Variance No. 2025-003 – daSilva
Section 240- 11 E. – Bulk Regulations in the RD-1 District
To allow a proposed in-ground pool 6.6 feet from lot line where 10 feet is required
Date: February 27, 2025
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: Gabriel A. and Elizabeth O. daSilva
Property Location: 139 Park Avenue, Centerville, MA
Assessor's Map/Parcel: 207/026
Zoning: Residence D-1 (RD-1)
Filed: February 7, 2025 Hearing: March 12, 2025 Decision Due: May 18, 2025
Copy of Public Notice
Gabriel and Elizabeth daSilva have petitioned for a Variance pursuant to Section 240-11 E. Bulk
Regulations in RB,RD-1, and RF-2 Residential Districts. The Petitioners seek a variance to the side
yard setback to build an in-ground pool on the westerly side of their property. The Petitioners
request a variance to locate the proposed in-ground pool 6.6 feet from the property line where 10
feet is required. The subject property is located at 139 Park Avenue, Centerville, MA, as shown on
Assessor’s Map 207 as Parcel 026. It is located in the Residence D-1 (RD-1) Zoning District.
Background
The subject property addressed as 139 Park Avenue, Centerville is a lot containing 0.36 acres, a
3-bedroom single family dwelling of 2,130 living area (3,376 gross) constructed in 1928. The
dwelling fronts on Park Avenue but located at the end of Maple Avenue in Centerville. There are a
variety of shaped residential lots in the area.
Proposal & Relief Requested
Gabriel and Elizabeth daSilva have petitioned for a Variance pursuant to Section 240-11 E. Bulk
Regulations in RB,RD-1, and RF-2 Residential Districts. The Petitioners seek a variance to the side
yard setback to build an in-ground pool on the westerly side of their property. The Petitioners
request a variance to locate the proposed in-ground pool 6.6 feet from the property line where 10
feet is required. The subject property is located at 139 Park Avenue, Centerville, MA.
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
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
Town of Barnstable Planning and Development Department Staff Report
Variance No2025-003 – daSilva
2
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. 2025-003, pursuant to Section 240-11 E. Bulk Regulations in RB,RD-1, and
RF-2 Residential Districts, to the side yard setback to build an in-ground pool on the
westerly side of their property to locate the proposed in-ground pool 6.6 feet from the
property line where 10 feet is required at 139 Park Avenue, Centerville, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Plot Plan at 139 Park Avenue Centerville, MA” by JC Engineering, Inc., dated January 8,
2025.
3. The proposed development shall represent full build-out of the lot. Further 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
Attachments: Application
Plan