HomeMy WebLinkAboutSR-2023-037 Munsell 3075 Main St BARN Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2023-037 – Munsell
Section 240- 11 E. – Bulk Regulations in the RF-2 District
To allow a variance from min lot area, min lot width, and side yard setback to allow for the
complete demolition of the structure
Date: November 9, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: David P. and Diane Munsell
Property Location: 3075/3077 Main St, Barnstable, MA
Assessor's Map/Parcel: 279/041
Zoning: Residence F-2 (RF-2)
Filed: October 5, 2023 Hearing: December 6, 2023 Decision Due: December 13, 2023
Copy of Public Notice
David and Diane Munsell have petitioned for a Variance pursuant to Section 240-11 E. Bulk
Regulations for relief from Lot Size, Lot Width, and side yard setback. The Petitioners seek relief
(in the alternative to their request for modification of Special Permit 2022-043) to allow for the
complete deconstruction of an existing structure and reconstruction of a new 2-story single-family
dwelling. The subject property is located at 3075 Main Street, Barnstable, MA as on Assessor’s
Map 279 as Parcel 041. It is located in the Residence F-2 (RF-2) Zoning District.
Background
The subject property addressed as 3075 Main Street is a .33 acre lot and contain ed an accessory
450 square foot structure (Carriage house) and 80 square foot shed, with frontage on Main
St/Route 6A in Barnstable Village. The structures have since been demolished. The property has
an odd jog in the rear. The area is residential in nature with a variety of shaped lots.
In September, 2022, the Board granted Special Permit No. 2022-043 to alter/expand the existing
structure and convert to a single family dwelling subject to the following conditions:
1. Special Permit No. 2022-043 pursuant to Section 240-93 B. Nonconforming Buildings or
Structures not used as Single and Two-Family Residences by Special Permit, is granted to
David P. and Diane M. Munsell to alter/expand the existing structure, a 450 square foot
carriage house/barn and 80 square foot shed where 10 feet is proposed and 15 feet is
required and to convert the same to a 2,723 square foot single family dwelling and 80
square foot shed at 3075 Main Street, Barnstable, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Plan of Land of #3075 & #3077 Route 6A Barnstable, MA” by Down Cape Engineering
dated October 9, 2019.
3. The above-described development shall represent full build-out of the lot. No further
additions or accessory structures shall be permitted without approval from the Board.
4. 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.
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2023-037 – Munsell
2
On or about August 29, 2023, the Applicants received a Cease and Desist Order from the Town
Building Department. The stated reason was that the Applicants should have obtained a
Demolition Certificate from the Old Kings Highway Historic District. The Applicants had received a
Certificate of Appropriateness from OKH, but because it was anticipated that at least one existing
wall would be maintained, they had not applied for a Demolition Certificate.
On September 5, 2023, the Applicants applied for a Certificate of Demolition and was approved.
The Building Commissioner indicated that the Applicants needed to apply to the Zoning Board of
Appeals for a Modification of Special Permit No. 2022-043.
Proposal & Relief Requested
David and Diane Munsell have petitioned for a Variance pursuant to Section 240-11 E. Bulk
Regulations for relief from Lot Size, Lot Width, and side yard setback. The Petitioners seek relief
(in the alternative to their request for modification of Special Permit 2022-043) to allow for the
complete deconstruction of an existing structure and reconstruction of a new 2-story single-family
dwelling. The subject property is located at 3075 Main Street, Barnstable, 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
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. 2023-037 is granted to David and Diane Munsell pursuant to Section 240-11
E. Bulk Regulations for relief from Lot Size, Lot Width, and side yard setback, in the
alternative to their request for modification of Special Permit 2022-043, to allow for the
complete deconstruction of an existing structure and reconstruction of a new 2-story
single-family dwelling. The subject property is located at 3075 Main Street, Barnstable,
MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Foundation Plan” by Down Cape Engineering dated February 21, 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
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2023-037 – Munsell
3
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 Peter Freeman)
Attachments: Application
Plan