HomeMy WebLinkAboutSR-2023-026 Ventura 64 Commerce Road BARN Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2023-026 – Ventura
Section 240- 91 (H) (1) (b) [1] Nonconforming Lot, maximum lot coverage
To allow a variance from the 20% maximum lot coverage to construct a 22 ft by 22 ft attached
garage
Date: October 3, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: Richard S. Ventura and Catherine F. Ventura, Trustees, Ventura
Family Trust
Property Location: 64 Commerce Road, Barnstable, MA
Assessor's Map/Parcel: 301/051
Zoning: Residence B (RB) and Residence F-1 (RF-1)
Filed: August 28, 2023 Hearing: October 11, 2023 Decision Due: December 6, 2023
Copy of Public Notice
Richard and Catherine Ventura, Trustees of the Ventura Family Trust, have petitioned for a
Variance pursuant to Section 240-91 H. Nonconforming Lot. The Petitioner seeks a variance from
the 20% maximum lot coverage requirement to build a 22 by 22 foot attached garage, which would
result in a maximum lot coverage ratio of 24.1%. The Petitioner proposes to remove the existing
gravel driveway and construct a new gravel driveway to provide vehicular access to the garage.
The subject property is located at 64 Commerce Road, Barnstable, MA as shown on Assessor’s
Map 301 as Parcel 051. It is located in the Residence B (RB) and the Residence F-1 (RF-1) Zoning
District.
Background
The subject property consists of .21 acres and is located on the corner of Commerce Road and
Second Way in Barnstable. The area is single family residential with small lots near Barnstable
Harbor. According to the Assessors records, the lot is currently developed with one 4-bedroom
single family dwelling containing 2,016 square feet of living area (2,484 gross square feet)
constructed in 2014.
In April 2014, the Board granted Special Permit No. 2014-017 to demolish and rebuild a single
family dwelling at 64 Commerce Road, Barnstable subject to the following conditions:
1. Special Permit No. 2014-017 is granted to Richard and Catherine Ventura for the demolition of
an existing dwelling and rebuilding of a 2,434 square foot dwelling at 64 Commerce Road,
Barnstable.
2. The dwelling shall be constructed in substantial conformance with the plan entitled “Certified
Plot Plan – 64 Commerce Road” dated January 27, 2014, drawn and stamped by Shane
Brenner of Baxter Nye Engineering & Surveying; and the elevations dated 1/16/2014 and
1/23/2014, all entitled “Ventura Residence”, drawn by Cotuit Bay Design, LLC, four sheets.
3. The total lot coverage shall not exceed 18% and the floor-area ratio shall not exceed 27%. The
building height to the plate shall not exceed 24 feet.
4. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the
dwelling or construction of additional accessory structures is prohibited without prior approval
from the Board.
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2023-026 – Ventura
2
5. Prior to issuance of a certificate of occupancy, a certified as-built plan prepared by an
independent party shall be submitted to the Building Commissioner to confirm that the lot
coverage and floor area ratio of the dwelling conforms to the ordinance and the conditions of
this decision.
6. All mechanical equipment associated with the dwelling (air conditioners, electric generators,
etc.) shall be screened from neighboring homes and the public right-of-way.
7. The 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 building permit. The rights authorized by this special permit must be
exercised within two years, unless extended.
Proposal & Relief Requested
Richard and Catherine Ventura, Trustees of the Ventura Family Trust, have petitioned for a
Variance pursuant to Section 240-91 H. Nonconforming Lot. The Petitioner seeks a variance from
the 20% maximum lot coverage requirement to build a 22 by 22 foot attached garage, which would
result in a maximum lot coverage ratio of 24.1%. The Petitioner proposes to r emove the existing
gravel driveway and construct a new gravel driveway to provide vehicular access to the garage.
The subject property is located at 64 Commerce Road, Barnstable, MA as shown on Assessor’s
Map 301 as Parcel 051. It is located in the Residence B (RB) and the Residence F-1 (RF-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
3. desirable relief may be granted without substantial detriment to the public good and witho ut
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. 2023-026 is granted to Richard and Catherine Ventura, Trustees of the
Ventura Family Trust to allow for the construction of a 22 by 22 foot attached garage,
relocate the gravel driveway, and remove plantings as needed. The proposed maximum
lot coverage ratio would be 24.1% and the proposed gross floor area ratio would be 25%
at 64 Commerce Road, Barnstable, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Proposed Garage Addition Plan” Sheet C2.0 by Baxter Nye Engineering & Surveying
dated May 11, 2023.
3. The proposed development shall represent full build-out of the lot. Further expansion of the
dwelling or construction of additional accessory structures is prohibited without prior
approval from the Board.
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2023-026 – Ventura
3
4. All mechanical equipment associated with the dwelling (air conditioners, electric generators,
etc.) shall be screened from neighboring homes and the public right-of-way.
5. The 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 the issuance of a building permit. The rights authorized by this
special permit must be exercised within two years, unless extended.
Copies: Applicant (c/o Attorney John Kenney)
Attachments: Application
Plan