HomeMy WebLinkAboutSR-2025-037 Fitzgerald 124 Bluff Point Dr COT FAR Variance
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Variance No. 2025-037 – Fitzgerald
Section 240-125 (B) (1) (c) Zoning Board of Appeals Powers
Section 240-126 Variance Provisions
Section 240-91 (H) (1) (b) [2] Nonconforming Lot, Developed lot protection
To allow the floor area ratio of 0.348 thereby exceeding the allowed 0.30
Date: December 18, 2025
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: John F. Fitzgerald, Trustee
Property Location: 124 Bluff Point Drive, Cotuit, MA
Assessor's Map/Parcel: 034/070
Zoning: Residence F (RF) Zoning District
Filed: November 12, 2025 Hearing: January 14, 2026 Decision Due: February 20, 2026
Copy of Public Notice
John F. Fitzgerald, Trustee of Bluff Point 1999 Trust No. 2 has applied for a Variance pursuant to
Section 240-125 (B)(1)(c) Zoning Board of Appeals – Variances; 240-126 Variance Provisions; and
240-91(H)(1)(b)[2] Developed Lot Protection, Demolition and Rebuilding on Nonconforming Lots,
Floor Area Ratio. The Applicant seeks relief to permit a floor area ratio of .348 or 6,671 sq. ft, 792
sq. ft. greater than what is allowed as of right. The subject property is located at 124 Bluff Point
Drive, Cotuit, MA as shown on Assessor’s Map 034 as Parcel 070. It is located in the Residence F
(RF) Zoning District and the Resource Protection Overlay District (RPOD).
Background
The subject property is 1.87 acres located at the end of Bluff Point Drive overlooking Cotuit Bay.
The lot contains a single-family dwelling with 2 bedrooms and 2,684 square feet of living area
(5,879 gross) constructed in 1977. The area is residential in nature with various lot sizes.
Proposal & Relief Requested
John F. Fitzgerald, Trustee of Bluff Point 1999 Trust No. 2 has applied for a Variance pursuant to
Section 240-125 (B)(1)(c) Zoning Board of Appeals – Variances; 240-126 Variance Provisions; and
240-91(H)(1)(b)[2] Developed Lot Protection, Demolition and Rebuilding on Nonconforming Lots,
Floor Area Ratio. The Applicant seeks relief to permit a floor area ratio of .348 or 6,671 sq. ft, 792
sq. ft. greater than what is allowed as of right. The subject property is located at 124 Bluff Point
Drive, 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
Town of Barnstable Planning and Development Department Staff Report
Variance No2025-037 – Fitzgerald
2
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. 2025-037, pursuant to Section 240-125 (B)(1)(c) Zoning Board of Appeals –
Variances; 240-126 Variance Provisions; and 240-91(H)(1)(b)[2] Developed Lot Protection,
Demolition and Rebuilding on Nonconforming Lots, Floor Area Ratio to permit a floor area
ratio of .348 or 6,671 sq. ft, 792 sq. ft. greater than what is allowed as of right at 124 Bluff
Point Drive, Cotuit, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Plot Plan #124 Bluff Point Drive” by Merrill Engineers and Land Surveyors dated May 23,
2024.
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 structure (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
variance must be exercised within one year, unless extended.
Copies: Applicant (Attorney Moriarty)
Attachments: Application
Plans