HomeMy WebLinkAboutSR-2023-035 Shepley 21 Forest St BARN setback Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2023-035 – Shepley
Section 240- 13 E. Bulk Regulations in the RF-1 Zoning District
Section 240-11 E. Bulk Regulations in the RB Zoning District
To allow a variance to reduce the 30 foot required front yard setback to 10 feet for the
construction of a detached garage
Date: October 31, 2023 REVISED Nov 6, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: Hamilton N. and Lorraine E. Shepley
Property Location: 21 Forest Street, Hyannis, MA
Assessor's Map/Parcel: 266/006-002
Zoning: Residence B (RB) and Residence F-1 (RF-1)
Filed: October 4, 2023 Hearing: November 8, 2023 Decision Due: December 12, 2023
Copy of Public Notice
Hamilton and Lorraine Shepley have petitioned for a Variance pursuant to Section 240-13(E) RF-1
Residential District Bulk Regulations Minimum Yard Setbacks. The Petitioners seek a variance to
construct a *24 ft. by 36 ft. detached garage, which would result in a 10 ft. front yard setback where
30 feet is required. The subject property is located at 21 Forest Street, Hyannis, MA as shown on
Assessor’s Map 266 as Parcel 006 002. It is located in the Residence B (RB) and the Residence F-
1 (RF-1) Zoning Districts.
*CORRECTION: Proposed garage is 24 ft by 60 ft with a 8 ft by 16 ft bump out
Background
The subject property consists of 1.76 acres and is accessed from Forest Street overlooking Halls
Creek in Hyannisport. The lot is currently developed with a 5-bedroom single family dwelling
containing 5,091 square feet of living area (13,383 gross floor area) constructed in 1994. The area
is residential with a variety of sized lots.
Proposal & Relief Requested
Hamilton and Lorraine Shepley have petitioned for a Variance pursuant to Section 240-13(E) RF-1
Residential District Bulk Regulations Minimum Yard Setbacks. The Petitioners seek a variance to
construct a 24 ft. by 60 ft. detached garage with a 8 ft by 16 ft bumpout, which would result in a 10
ft. front yard setback where 30 feet is required. The subject property is located at 21 Forest Street,
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;
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2023-035 – Shepley
2
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. 2023-035 is granted to Hamilton and Lorraine Shepley pursuant to Section
240-13 E. RF-1 Residential District and Section 240-11 E. Bulk Regulations in the RB
Zoning District to construct a 24 ft. by 60 ft. detached garage with a 8 ft by 16 ft bumpout,
which would result in a 10 ft. front yard setback where 30 feet is required at 21 Forest
Street, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Garage Site Plan” Sheet C-2.0 by Baxter Nye Engineering & Surveying 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 John Kenney)
Attachments: Application
Plan