HomeMy WebLinkAboutSR-2023-044 Alliegro 202 Sea View Ave OST Setback Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2023-044 – Alliegro
Section 240- 13 E. – Bulk Regulations in the RF-1 District
To allow the construction of a screened in porch 12.6 feet from the property line where 15 feet
is required
Date: January 11, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: George and Debra Alliegro
Property Location: 202 Sea View Avenue, Osterville, MA
Assessor's Map/Parcel: 138/014
Zoning: Residence F-1 (RF-1)
Filed: December 11, 2023 Hearing: January 24, 2024 Decision Due: March 21, 2024
Copy of Public Notice
George and Debra Alliegro have petitioned for a Variance pursuant to Section 240-13 E. RF-1 Bulk
Regulations – Minimum Side Yard Setback. The Petitioners seek a variance to construct an
unconditioned, screened porch over an existing patio 12.6 feet from the lot line where 15 feet is
required. The subject property is located at 202 Sea View Avenue, Osterville, MA as shown on
Assessor’s Map 138 as Parcel 014. It is located in the RF-1 Zoning District.
Background
The subject property addressed as 202 Sea View Ave is a .55 acre lot and contains a Single
Family Dwelling containing 4,509 square foot living area (9,500 gross square footage), and a
detached garage with living area above constructed in 2016, and an in-ground pool. The property
has frontage on Sea View Avenue and Washington Ave, Osterville. The area is residential in
nature with similar shaped lots.
Proposal & Relief Requested
George and Debra Alliegro have petitioned for a Variance pursuant to Section 240-13 E. RF-1 Bulk
Regulations – Minimum Side Yard Setback. The Petitioners seek a variance to construct an
unconditioned, screened porch over an existing patio 12.6 feet from the lot line where 15 feet is
required. The subject property is located at 202 Sea View Avenue, Osterville, MA as shown on
Assessor’s Map 138 as Parcel 014. It is located in the 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
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2023-044 – Alliegro
2
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. 2023-044 is granted to George and Debra Alliegro pursuant to Section 240-13
E. RF-1 Bulk Regulations – Minimum Side Yard Setback to construct an unconditioned,
screened porch over an existing patio 12.6 feet from the lot line where 15 feet is required
at 202 Sea View Avenue, Osterville, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan Proposed Improvements at 202 Sea View Avenue Barnstable (Osterville) Mass
by Sullivan Engineering dated November 29, 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 Michael Schulz)
Attachments: Application
Plan