HomeMy WebLinkAboutSR-2022-006 White 438 South St HY Dimensional VarianceTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No.2022-006 –White
Section 240-24.1.5 B.SF District Bulk & Dimensional Regulations
To allow 438 South Street to exist under Zoning and for the lot to be sold
Date:February 22, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Petitioner:Allen J. White
Property Location:438 South Street, Hyannis, MA
Assessor's Map/Parcel:308/123
Zoning:Single Family (SF)Zoning District
Filed:February 8, 2022 Hearing:March 9, 2022 Decision Due:May 19, 2022Copy of Public Notice
Allen J. White has petitioned for a Variance from Section 240-24.1.5 B. Dimensional, Bulk and
Other requirements in the Single Family Residential District. The Petitioner is seeking a variance
from minimum lot area where 20,000 square feet is required and 15,358 square feet is provided
and rear yard setback where 10 feet is required and 3 feet is provided. The subject property is
located at 438 South Street. Hyannis, MA, as shown on Assessor’s Map 308 as Parcel 123. It is
located in the Single Family (SF) Residential District.
Background
The subject property is a 0.35 acre lot with frontage on South Street, Hyannis.The property is
improved with a 4 bedroom,2,620 square feet of living area (4,808 gross floor area),single family
dwelling constructed in 1840.There is also an accessory structure on site.The area is a mix of
residential uses with commercial uses nearby.
Previous Zoning Board of Appeals Decisions:
Special Permit No.1980-001 was granted to allow two professional offices.
Special Permit No. 1984-007 was granted to allow a change of use from rental of rooms to
professional offices.
Use Variance No. 1995-156 to allow use of second apartment in the barn was denied.
Proposal &Relief Requested
The Petitioner is seeking a variance from minimum lot area where 20,000 square feet is required
and 15,358 square feet is provided and rear yard setback where 10 feet is required and 3 feet is
provided. The subject property is located at 438 South Street. Hyannis, MA.The Petitioner has
outlined the history of zoning changes and issue of merger with Lot 1 and Lot 2 (438 and 434
South Street) in the submitted Memorandum. The lots merged under zoning after zoning changes
over the years, but the lots were sold separately and under separate ownership.The grant of a
Variance would allow for the applicant to receive the relief necessary in order to apply to subdivide
the merged lots to its original state as depicted on the plan entitled “Subdivision Plan of Land in
Hyannis Barnstable, Mass” dated December 1, 1975 recorded in the Barnstable County Registry
of Deeds as Plan Book: 301 Page: 1.
Variance Findings
Town of Barnstable Planning and Development Department Staff Report
Variance 2022-006 White
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 w ould 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.2022-006 is granted to Allen J. White to allow relief from minimum lot area where
20,000 square feet is required and 15,358 square feet is provided and rear yard setback where
10 feet is required and 3 feet is provided at 438 South Street. Hyannis, MA.
2.The site development shall be in substantial conformance with the plan entitled “Subdivision
Plan of Land in Hyannis Barnstable, Mass” dated December 1, 1975 recorded in the
Barnstable County Registry of Deeds as Plan Book:301 Page:1.
3.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:Applicants (c/o Attorney Ted Shilling)
Attachments:Application
Plans