HomeMy WebLinkAboutSR-2024-004 Sigall 7 Gleneagle Dr CENT Setback Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2024-004 – Sigall
Section 240- 13 E. – Bulk Regulations in the RC District
To allow the newly constructed addition to the existing garage 19.4 feet from the front yard
setback where 20 feet is required
Date: February 29, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: Lorraine Samuelson Sigall
Property Location: 7 Gleneagle Drive, Centerville, MA
Assessor's Map/Parcel: 191/166
Zoning: Residence C (RC)
Filed: February 1, 2024 Hearing: March 13, 2024 Decision Due: May 11, 2024
Copy of Public Notice
Lorraine Samuelson Sigall has petitioned for a Variance pursuant to Section 240-13 E. Bulk
regulations in the RC, RD, RF-1, and RG Residential Districts. The Petitioner seeks a variance for
a 6-inch encroachment into the front yard setback. The subject property is located at 7 Gleneagle
Drive, Centerville, MA as shown on Assessor’s Map 191 as Parcel 166. It is located in the
Residence C (RC) Zoning District and the Resource Protection Overlay District (RPOD).
Background
The subject property addressed as 7 Gleneagle Drive, Centerville, is a 0.36 acre lot and contains
an existing dwelling, a shed, and an existing garage. The single-family dwelling contains 4-
bedrooms, 1,267 square feet of living area (2,552 gross) and was constructed in 1983. The area
is residential in nature with similar shaped lots.
Proposal & Relief Requested
Lorraine Samuelson Sigall has petitioned for a Variance pursuant to Section 240-13 E. Bulk
regulations in the RC, RD, RF-1, and RG Residential Districts. The Petitioner seeks a variance for
a 6-inch encroachment into the front yard setback for a recently constructed addition to the garage.
The subject property is located at 7 Gleneagle Drive, Centerville, 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 without
nullifying or substantially derogating from the intent or purpose of the zoning ordinance.
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2024-004 – Sigall
2
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. 2024-004 is granted to Lorraine Samuelson Sigall to allow the newly
constructed addition to the garage to be 19.4 feet from the front yard setback where 20
feet is required at 7 Gleneagle Drive, Centerville, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Existing Conditions Site Plan of #7 Glen Eagle Drive Centerville MA” by Down Cape
Engineering dated January 12, 2024.
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
Attachments: Application
Plan