HomeMy WebLinkAboutSR-2022-007 Tella 26 Hidden Lane OST Setback VarianceTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No.2022-007 –Tella
Section 240-91(H)(1)(b)(1) Developed Lot Protection, Lot Coverage
To allow the construction of a pool which would increase lot coverage exceeding allowable
limit
Date:March 10, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Petitioner:Srikanth and Brighid C. Tella
Petitioners Address:70 High Street Unit 1,Charlestown, MA 02129
Property Location:26 Hidden Lane, Osterville, MA
Assessor's Map/Parcel:140/203
Zoning:Residence C (RC)Zoning District
Filed:February 18, 2022 Hearing:March 23, 2022 Decision Due:May 27, 2022Copy of Public Notice
Srikanth and Brighid C. Tella have petitioned for a Variance from Section 240-91(H)(1)(b)(1)
Developed Lot Protection. The Petitioners seek a Variance to construct a 16’ x 32’ pool at the
property which would increase the lot coverage from 18.38% to 23.87%, exceeding the allowable
limit of 20%. The subject property is located at 26 Hidden Lane, Osterville, MA as shown on
Assessor’s Map 140 Parcel 203. It is located in the Residence C (RC) Zoning District.
Background
The subject property is a 0.29 acre lot with frontage at the end of Hidden Lane, Osterville.The
property is improved with a 4 bedroom,3,074 square feet of living area (6,241 gross floor area),
constructed in 2014 with an attached 2-car garage.The area is residential in nature with similar
sized lots.
Proposal &Relief Requested
The Petitioners are seeking a Variance from Section 240-91(H)(1)(b)(1) Developed Lot Protection,
Lot Coverage,to construct a 16’ x 32’ pool at the property which would increase the lot coverage
from 18.38% to 23.87%, exceeding the allowable limit of 20%.
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.
Town of Barnstable Planning and Development Department Staff Report
Appeal 2022-007 -Tella
2
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.2022-007 from Section 240-91(H)(1)(b)(1) Developed Lot Protection is granted to
Srikanth and Brighid C. Tella to allow the construction of a 16’ x 32’ pool at the property which
would increase the lot coverage from 18.38% to 23.87%, exceeding the allowable limit of 20%.
The subject property is located at 26 Hidden Lane, Osterville, MA.
2.The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan Proposed Improvements at 26 Hidden Lane Barnstable (Osterville) Mass”dated
January 17, 2022,drawn and stamped by Sullivan Engineering & Consulting, Inc.
3.The above-described pool shall represent full build-out of the lot. No further additions or
accessory structures shall be permitted without 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:Applicants
Attachments:Application
Plans