HomeMy WebLinkAboutSR-2026-017 Castignetti 91 Forest Hills Rd COT V
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Variance No. 2026-017 – Castignetti
Section 240-14 E. Residence F (RF) Bulk Regulations
Request for Variance for Pool that Encroaches into side/rear setback
Date: July 23, 2026 ** REVISED August 5, 2026**
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicants: Gerald and Sondra Castignetti
Property Location: 91 Forest Hills Road, MA
Assessor's Map/Parcel: 025/007-010
Zoning: Residence F (RF) Zoning District
Filed: December 22, 2025 Hearing: January 28, 2026 Decision Due: April 2, 2026
Copy of Public Notice
Gerald and Sonora Castignetti have petition for a Variance pursuant to Section 240-14 E. Bulk
Regulations. The Petitioner installed a pool that mistakenly encroaches into a setback. The newly
installed pool is setback 7 feet from the side yard lot line and the requirement side yard setback is
15 feet. The subject property is located at 91 Forest Hills Road, Cotuit, MA, as shown o n
Assessor’s Map 025 as Parcel 007-010. It is located in the Residence F (RF) Zoning District.
Background
The subject property is a 0.38-acre parcel located at the intersection of Forest Hills Road and Bog
Tree Lane in Cotuit. The property contains a single-family dwelling with 3-bedrooms and 2,495
square feet of living area (6,351 gross) constructed in 2002. The area is predominately single -
family neighborhood.
Proposal & Relief Requested
Gerald and Sonora Castignetti have petitioned for a Variance pursuant to Section 240-14 E. Bulk
Regulations. The Petitioner installed a pool that mistakenly encroaches into a setback. The newly
installed pool is setback 7 feet from the side yard lot line and the requirement side yard setback is
15 feet. The subject property is located at 91 Forest Hills Road, 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.
Variance Findings
Town of Barnstable Planning and Development Department Staff Report
Variance 2026-017 – Castignetti
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:
New analysis is whether “strict enforcement of the ordinance or by-law would result in practical
difficulty.” ZBA must weigh the benefits to the applicant and to the public interest (which includes
housing production) against the detriment to the public health, safety and welfare of the impacted
neighborhood.
ZBA may consider: (i) whether the practical difficulty relates to soil conditions, shape or
topography of the land or structure; (ii) whether strict enforcement would impose a financial
hardship on the appellant or petitioner; (iii) whether the benefit sought by the petitioner can be
achieved by some other method that is feasible for the petition to achieve; and (iv) whether the
practical difficulty was self -created.
An application for a Variance that has met all 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 Variance No. 2026-017, pursuant to Section 240-14 E. Bulk
Regulations for a newly installed in-ground pool that mistakenly encroaches into a setback, pool is
setback 7 feet from the side yard lot line and the requirement side yard setback is 15 feet , at 91
Forest Hills Road, Cotuit, MA, it may wish to consider the following conditions:
1. Variance No. 2026-017 is granted to Gerald and Sonora Castignetti, pursuant to Section 240-
14 E. Bulk Regulations for a newly installed in-ground pool that mistakenly encroaches into a
setback by 6 inches. The newly installed pool is setback 7 feet from the side yard lot line and
the requirement side yard setback is 7.5 feet (as per Planning Board Special Permit Open
Space Development dated January 6, 1988) at 91 Forest Hills Road, Cotuit, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“As-Built Plan showing new pool area” by Stenbeck & Taylor, Inc., dated December 29, 2023.
3. The proposed development shall represent full build-out of the lot. Further changes to the lot
shall be prohibited without prior approval from the Board.
4. This 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 issuance of a building permit. The rights authorized by this Variance must be
exercised within one year, unless extended.
Copies: Applicant
Attachments: Application
Plans