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HomeMy WebLinkAboutSR-2022-056 Villani 109 Wagon Lane, HY Dimensional Variance Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Variance No. 2022-056 – Villani Section 240- 11 E. Bulk Regulations in the RB District To allow a garage foundation to be setback from the rear property line by 6.2 feet and 6.4 feet where 10 feet is required Date: December 27, 2022 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioners: Paul Mazzola, Builder Property Owner: Richard Villani Property Location: 109 Wagon Lane, Hyannis, MA Assessor's Map/Parcel: 270/198 Zoning: Residence B (RB) Zoning District Filed: December 12, 2022 Hearing: January 11, 2023 Decision Due: March 22, 2023 Copy of Public Notice Paul Mazzola, G.C.I. Builders, on behalf of the owner Richard A. Villani, has petitioned for a Variance from Section 240-11 E. Bulk Regulations in the RB Zoning District. The Petitioner seeks a variance from the minimum bulk regulations to allow for the newly poured garage foundation to encroach into the rear setback with foundation setbacks existing at 6.2 and 6.4 feet, where 10 feet is required. The subject property is located at 109 Wagon Lane, Hyannis, MA as shown on Assessor’s Map 270 as Parcel 198. It is located in the Residence B (RB) Zoning District. Background The subject property is a 0.23 acre lot with frontage on Wagon Lane, Hyannis, and contains a 2,321 square foot (4,272 gross) 4-bedroom, single family dwelling constructed in 1983. The area is residential in nature with similarly shaped lots. Proposal & Relief Requested Paul Mazzola, G.C.I. Builders, on behalf of the owner Richard A. Villani, has petitioned for a Variance from Section 240-11 E. Bulk Regulations in the RB Zoning District. The Petitioner seeks a variance from the minimum bulk regulations to allow for the newly poured garage foundation to encroach into the rear setback with foundation setbacks existing at 6.2 and 6.4 feet, where 10 feet is required. The subject property is located at 109 Wagon Lane, Hyannis, MA. The foundation has been poured and the plans were not accurate which counts for the need for a Variance. 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 Town of Barnstable Planning and Development Department Staff Report Variance No. 2022-056 – Villani 2 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. 2022-056 from Section 240-11 E. Bulk Regulations, Lot area, in the RB Zoning District is granted to Richard Villani to allow a garage foundation to be setback from the rear property line by 6.2 feet and 6.4 feet where 10 feet is required at 109 Wagon Lane, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Foundation Certification at 109 Wagon Lane, Hyannis, MA” signed and stamped by Registered Professional Land Surveyor Edward A. Stone dated December 13, 2022. 3. The above-described development 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: Applicant Attachments: Application Plans