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HomeMy WebLinkAboutSR-2023-006 Andersen 77 Parker Rd OST unmerge lots Variance Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Variance No. 2023-006 - Andersen Section 240- 13 E. Bulk Regulations in the RC District To allow one conforming lot to be divided into two nonconforming lots Date: March 9, 2023 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioner: Denise M. Andersen, Trustee Property Location: 77 Parker Road, Osterville, MA Assessor's Map/Parcel: 117/135 Zoning: Residence C (RC) Zoning District Filed: February 28, 2023 Hearing: March 22, 2023 Decision Due: May 28, 2023 Copy of Public Notice Denise M. Andersen, Trustee of the Andersen 77 Parker Road Nominee Trust, has petitioned for two Variances from Section 240-13 E. Residence C (RC) District, Bulk Regulations, and 240-36 Resource Protection Overlay District (RPOD). The Petitioner seeks two variances to unmerge Lot 1 (40,075 sq. ft.) from Lot 2, a developed lot containing 43,915 sq. ft., pursuant to the plan prepared by Sullivan Engineering and Consulting, Inc. The subject property is located at 77 Parker Rd, Osterville, MA as shown on Assessor’s Map 117 as Parcel 135. It is located in the Residence C (RC) Zoning District. Background The subject property is a 2 acre lot with frontage on Parker Road overlooking the Wianno Club to the rear. The lot contains a 1,884 square foot, 4-bedroom dwelling (3,363 gross) constructed in 1872. Aside from the Wianno Club, the area is residential in nature with a variety of shaped lots. Proposal & Relief Requested Denise M. Andersen, Trustee of the Andersen 77 Parker Road Nominee Trust, has petitioned for two Variances from Section 240-13 E. Residence C (RC) District, Bulk Regulations, and 240-36 Resource Protection Overlay District (RPOD). The Petitioner seeks two variances to unmerge Lot 1 (40,075 sq. ft.) from Lot 2, a developed lot containing 43,915 sq. ft., where 87,120 sq ft is required per lot, pursuant to the plan prepared by Sullivan Engineering and Consulting, Inc. The subject property is located at 77 Parker Rd, Osterville, MA as shown on Assessor’s Map 117 as Parcel 135. It is located in the Residence C (RC) 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. 2023-006 – Andersen 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(s), it may wish to consider the following conditions: 1. In Variance No. 2023-006, the Petitioner seeks to unmerge Lot 1 (40,075 sq. ft.) from Lot 2, a developed lot containing 43,915 sq. ft., pursuant to the plan prepared by Sullivan Engineering and Consulting, Inc. The subject property is located at 77 Parker Rd, Osterville, MA. 2. Lot 1 shall have 40,075 sq. ft. where 87,120 sq. ft is required. 3. Lot 2 shall have 43,915 sq. ft. where 87,120 sq. ft. is required. 4. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan Existing Conditions at 77 Parker Road Barnstable (Osterville) Mass” by Sullivan Engineering & Consulting Inc., dated January 3, 2023. 5. 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 Michael Schulz) Attachments: Application Plans