HomeMy WebLinkAboutSR-2025-016 Kelly 34 Lake St COT MOD V
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Variance No. 2025-016 – Kelly
Section 240-126 Modification to Variance No. 2000-047
To allow the modification of Condition No. 3
Date: June 12, 2025
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicants: Bruce W. and Lisa Mycock Kelly
Property Address: 34 Lake Street, Cotuit, MA
Assessor's Map/Parcel: 020/018-001
Zoning: Residence F-1 (RF-1)
Filed: May 29, 2025 Hearing: June 25, 2025 Decision Due: September 6, 2025
Copy of Public Notice
Bruce W. Kelly and Lisa Mycock Kelly have petitioned for a modification of Variance No. 2000-047.
The prior variance includes a provision in Condition No. 3 requiring an amendment of that variance
for any expansion or modification of the dwelling. The proposed dwelling will comply with setback
requirements. The subject property is located at 34 Lake Street, Cotuit, MA as shown on Assessor’s
Map 020 as Parcel 018-001. It is located in the Residence F (RF) Zoning District.
Background
Bruce W. Kelly and Lisa Mycock Kelly have petitioned for a modification of Variance No. 2000-047.
The prior variance includes a provision in Condition No. 3 requiring an amendment of that variance
for any expansion or modification of the dwelling. The proposed dwelling will comply with setback
requirements. The subject property is located at 34 Lake Street, Cotuit, MA.
The subject lot is 0.32 acres and developed with a single-family dwelling with 1-bedroom, 472
square feet of living area (544 gross) and constructed in 1968. The lot has frontage on Lake Street,
Cotuit. The area consists of a variety of sized residential lots.
Proposal & Relief Requested
Bruce W. Kelly and Lisa Mycock Kelly have petitioned for a modification of Variance No. 2000-047.
The prior variance includes a provision in Condition No. 3 requiring an amendment of that variance
for any expansion or modification of the dwelling. The proposed dwelling will comply with setback
requirements. The subject property is located at 34 Lake Street, Cotuit, 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.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2025-016 - Kelly
2
Variance Modification Findings
The Board may wish to consider the following draft Finding:
1. Variance No. 2025-016 is seeking to modify Condition No. 3 in Variance No. 2000-047 to
expand and modify a single family dwelling on a nonconforming lot. The Petitioner proposes
to increase the size of the dwelling and relocate it on the lot and to amend Variance No.
2025-016 to reference revised plans. All other conditions are in effect.
Suggested Conditions
Should the Board find to grant Variance No. 2025-016, it may wish to consider the following
conditions:
1. Variance No. 2025-016 is granted to Bruce W. Kelly and Lisa Mycock Kelly to modify Variance
No. 2000-047, Condition No. 3 to allow the expansion and modification of the proposed
dwelling. The proposed dwelling will comply with setback requirements. The subject property is
located at 34 Lake Street, Cotuit, MA
2. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan Proposed Improvements at 34 Lake Street Barnstable (Cotuit) Mass” by Sullivan
Engineering & Consulting, Inc, dated May 15, 2025.
3. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the
dwelling or construction of 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/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
Variance must be exercised within one year, unless extended.
Copies: Applicant (c/o Attorney David Lawler)
Attachments: Application
Site Plan
Building plans