HomeMy WebLinkAboutSR-2023-032 Green 101 Center Ln CENT Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2023-032 – Green
Section 240- 7 C. D. District Regulations
Section 240-11 E. RD-1 Bulk Regulations
Section 240-91 Nonconforming Lot
Lot Shape Factor
To allow a land swap between No. 99 and No. 101 Center Lane
Date: October 12, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: Randal C. Green
Property Location: 101 Center Land, Centerville, MA
Assessor's Map/Parcel: 251/220
Zoning: Residence D-1 (RD-1)
Filed: September 19, 2023 Hearing: October 25, 2023 Decision Due: December 28, 2023
Copy of Public Notice
Randal Green has petitioned for a Variance pursuant to Section 240-7 (C) and (D) and 240-11 Bulk
Regulations Minimum Lot Acreage and Shape Factor, and 240-91 Undersized Lots. The Petitioner
seeks a “land swap” to change the configuration of the 2 existing lots without changing the acreage
of each resulting lot. The subject property is located at 101 Center Lane, Centerville, MA as shown
on Assessor’s Map 251 as Parcel 220. It is located in the Residence D-1 (RD-1) Zoning District.
Background
The subject property consists of 0.98 acres and is located on Conners Road and Center Lane,
overlooking Lake Wequaquet in Centerville. The area is single family residential with similar sized
lots. According to the Assessors records, the lot is currently developed with one 2-bedroom single
family dwelling containing 1,316 square feet of living area (3,868 gross square feet) constructed in
2013.
Proposal & Relief Requested
Randal Green has petitioned for a Variance pursuant to Section 240-7 (C) and (D) and 240-11 Bulk
Regulations Minimum Lot Acreage and Shape Factor, and 240-91 Undersized Lots. The Petitioner
seeks a “land swap” to change the configuration of the 2 existing lots without changing the acreage
of each resulting lot. The subject property is located at 101 Center Lane, Centerville, MA as shown
on Assessor’s Map 251 as Parcel 220. It is located in the Residence D-1 (RD-1) Zoning District.
According to the application, the lots are preexisting nonconforming with regard to current acreage
requirements, the detached garage is preexisting nonconforming as to the front and side yard
setbacks (since 1958). The properties contain two dwellings as well as one detached garage.
Present zoning would require each lot to contain 2 acres, the proposed “land swap” only changes
the configuration of the 2 existing lots involved without changing the acreage of each resulting lot.
99 Center Lane already enjoys an exclusive easement for the use of the garage, which garage
after the “land swap” would become part of the property addressed as 99 Center Lane. 101 Center
Lane would lose the lake frontage near the garage but would receive in exchange lake frontage on
the opposite side of the dwelling at 99 Center Lane. There is no new construction as part of this
petition.
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2023-032 – Green
2
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. 2023-032 is granted to Randal Green has petitioned for a Variance pursuant
to Section 240-7 (C) and (D) and 240-11 Bulk Regulations Minimum Lot Acreage and
Shape Factor, and 240-91 Undersized Lots. The Petitioner seeks a “land swap” to change
the configuration of the 2 existing lots without changing the acreage of each resulting lot at
99 and 101 Center Lane, Centerville, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Plan of Land in Barnstable MA#99 Center Lane” by Bracken Engineering, Inc dated
September 5, 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.
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 Jeff Johnson)
Attachments: Application
Plan