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HomeMy WebLinkAboutSR-2023-008 Carangelo 4 Skipjack Land HY Bulk Regs Variance Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Variance No. 2023-008 – Carangelo Section 240- 14 E. Bulk Regulations in the RC-1 District To allow for compliance with Bulk Regulations Date: March 27, 2023 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioner: Robert Carangelo Property Owners: George Michael Deraleau and Carmen Lugo-Deraleau Property Location: 4 Skipjack Lane, Hyannis, MA Assessor's Map/Parcel: 273/085-004 Zoning: Residence C-1 (RC-1) Zoning District Filed: March 15, 2022 Hearing: April 12, 2023 Decision Due: June 23, 2023 Copy of Public Notice Robert Carangelo has applied for a Variance in accordance with Section 240-14E RC-1 Residential District Bulk Regulations Minimum Lot Area, Minimum Front and Side Yard Setbacks. The Petitioner sold 4 Skipjack Lane to the current owners on November 20, 2022 and is responsible for obtaining post-closing zoning relief under the terms of a duly authorized escrow agreement. The parcel is within the Cobblestone Landing Subdivision and was granted a Special Permit with certain waivers in 1986 of the town’s subdivision rules and regulations as shown on Book 5380 Page 252 of the Barnstable County Registry of Deeds. In 2012, the owners of 4 Skipjack Lane and 10 Skipjack Lane created new 617 sq. ft. parcels and exchanged them in order to resolve a driveway encroachment. Although the new lots remain in compliance with the 1986 Special Permit and waivers, they may not be in compliance with current zoning. Petitioner requests a Variance or in the alternative a determination that no zoning relief is needed. The subject property is located at 4 Skipjack Lane, Hyannis, MA as shown on Assessor’s Map 273 as Parcel 085 004. It is located in the Residence C-1 (RC-1) Zoning District. Background The subject property is a 0.15 acre lot with frontage on both Skipjack Lane and Centerboard Lane in Hyannis and contains a 1,579 square foot (3,696 gross) 4-bedroom single family dwelling constructed in 1990. The locus is within the Cobblestone Subdivision and subject to a 1986 Planning Board Special Permit and certain waivers of the Towns Subdivision Rules and Regulations. The area is residential in nature with similarly shaped lots. Proposal & Relief Requested Robert Carangelo has applied for a Variance in accordance with Section 240-14E RC-1 Residential District Bulk Regulations Minimum Lot Area, Minimum Front and Side Yard Setbacks. The Petitioner sold 4 Skipjack Lane to the current owners on November 20, 2022 and is responsible for obtaining post-closing zoning relief under the terms of a duly authorized escrow agreement. The parcel is within the Cobblestone Landing Subdivision and was granted a Special Permit with certain waivers in 1986 of the town’s subdivision rules and regulations as shown on Book 5380 Page 252 of the Barnstable County Registry of Deeds. In 2012, the owners of 4 Skipjack Lane and 10 Skipjack Lane created new 617 sq. ft. parcels and exchanged them in order to resolve a driveway encroachment. Although the new lots remain in compliance with the 1986 Special Permit and waivers, they may not be in compliance with current zoning. Petitioner requests Town of Barnstable Planning and Development Department Staff Report Variance No. 2023-008 – Carangelo 2 a Variance or in the alternative a determination that no zoning relief is needed. The subject property is located at 4 Skipjack Lane, Hyannis, MA 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. 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. Or, in the alternative, the Board may find that the lots are in compliance with the 1986 Special Permit and no zoning relief is required. Suggested Variance Conditions Should the Board find to grant the Variance, it may wish to consider the following conditions: 1. Variance No. 2023-008 from Section 240-14 E. Bulk Regulations, Lot area, in the RC-1 Zoning District is granted to Robert Carangelo to allow for an equal land swap of 617 square feet between 4 Skipjack Lane and 10 Skipjack Lane, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Plan of Land in Barnstable, MA” by Eagle Surveying, Inc., dated October 12, 2007. 3. The above-described development shall represent full build-out of the lot. No further changes to the lot 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 (c/o Attorney Patrick Nickerson) Attachments: Application Plan