HomeMy WebLinkAboutSR-2022-053 Riley 36 Holly Point Rd CENT Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2022-053 – Riley, Trustees
Section 240- 7 G. (2) Setbacks from Wetlands/Great Ponds
To allow for the construction of an elevated deck 27 feet from a Great Pond
Date: December 27, 2022
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: Heather L. Riley and Charles E. Riley, Trustees
Property Locations: 36 Holly Point Road, Centerville, MA
Assessor's Map/Parcel: Map 233 Parcel 039
Zoning: Residence D-1 (RD-1) Zoning District
Filed: November 21, 2022 Hearing: January 25, 2023 Decision Due: March 1, 2023
Copy of Public Notice
Heather L. Riley and Charles E. Riley, Trustees have petitioned for a Variance pursuant to Section
240-7 G. (2) – Setbacks from Wetlands/Great Ponds. The Petitioners propose to construct an
elevated 12 foot by 24 foot deck with a 4 foot entrance located 27 feet from a Great Pond where
50 feet is required. The subject property is addressed as 36 Holly Point Road, Centerville, MA as
shown on Assessor’s Map 233 as parcel 039. The lot is located in the Residential D-1 (RD-1)
Zoning District. *READVERTISED*
Background
The subject property contains 0.5 acres and has frontage on Holly Point Road overlooking Bearse
Pond in Centerville. The lot is currently under construction with a 1-story single family dwelling
with a walkout basement. The Petitioners seek a Variance to construct a 12 foot by 24 foot deck
located 27 feet from a Great Pond where 50 feet is required. The lot is served by public water,
gas, and private septic. The area is residential in nature and contains similar sized lots.
Proposal & Relief Requested
Heather L. Riley and Charles E. Riley, Trustees have petitioned for a Variance pursuant to Section
240-7 G. (2) – Setbacks from Wetlands/Great Ponds. The Petitioners propose to construct an
elevated 12 foot by 24 foot deck with a 4 foot entrance located 27 feet from a Great Pond where
50 feet is required. The subject property is addressed as 36 Holly Point Road, Centerville, MA as
shown on Assessor’s Map 233 as parcel 039. The lot is located in the Residential D-1 (RD-1)
Zoning District.
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. 2022-053 – Riley, Trustees
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. 2022-053 from Section 240-7 G. (2) – Setbacks from Wetlands/Great Ponds is
granted to Heather L. Riley and Charles E. Riley, Trustees, to allow the construction of a 12
foot by 24 foot deck with a 4 foot entrance located 27 feet from a Great Pond where 50 feet is
required at 36 Holly Point Road, Centerville, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Proposed Project Site Plan” Sheet C2.0 by Baxter Nye Engineering & Surveying dated June 4,
2021 with a last revision date of September 02, 2022.
3. The above-described deck 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 (Attorney Mark Boudreau)
Attachments: Application