HomeMy WebLinkAboutSR-2023-020 Davis 190 Blackthorn Rd MM Bulk Regs Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2023-020 – Davis
Section 240- 14 E. Bulk Regulations in the RF District
To allow setback encroachment for the construction of an attached 2-car garage
Date: August 24, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: Jessica E. and Emily C. Davis
Property Location: 190 Blackthorn Road, Marstons Mills, MA
Assessor's Map/Parcel: 047/034
Zoning: Residence F (RF) and RPOD Zoning Districts
Filed: August 2, 2023 Hearing: September 13, 2023 Decision Due: October 10, 2023
Copy of Public Notice
Jessica E. and Emily C. Davis have petitioned for a Variance pursuant to Section 240-14E.
Residential District Bulk Regulations Minimum Front and Side Yard Setbacks. The Petitioners seek
to reduce the 15-foot side yard setback requirement to 13.2 feet and to reduce the 30-foot front
yard setback to 26.6 feet to construct an attached garage with storage area. The subject property
is located at 190 Blackthorn Road, Marstons Mills, MA as shown on Assessor’s Map 047 as Parcel
034. It is located in the Residence F (RF) Zoning District and the Resource Protection Overlay
District (RPOD).
Background
The subject property is a 0.51 acre lot with frontage on Blackthorn Road, Clover Lane, and Jasper
Road in Marstons Mills and contains a 1,428 square foot (2,386 gross) 3-bedroom single family
dwelling constructed in 1977. The locus is within the Mystic Lake Hills Subdivision and subject to a
1969 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
Jessica E. and Emily C. Davis have petitioned for a Variance pursuant to Section 240-14E.
Residential District Bulk Regulations Minimum Front and Side Yard Setbacks. The Petitioners seek
to reduce the 15-foot side yard setback requirement to 13.2 feet and to reduce the 30-foot front
yard setback to 26.6 feet to construct an attached 24 foot by 30 foot 2-car garage with storage
area. The subject property is located at 190 Blackthorn Road, Marstons Mills, 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
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2023-020 – Davis
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. 2023-020 pursuant to Section 240-14E. Residential District Bulk Regulations
Minimum Front and Side Yard Setbacks to reduce the 15-foot side yard setback
requirement to 13.2 feet and to reduce the 30-foot front yard setback to 26.6 feet to
construct an attached garage with storage area at 190 Blackthorn Road, Marstons Mills,
MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Proposed Garage Plan” by Cape & Islands Engineering, dated March 31 2023.
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 John Kenney)
Attachments: Application
Plan