HomeMy WebLinkAboutSR-2024-018 Constantino 37 Goodview Way BARN Lot Area Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2024-018 – Constantino
Section 240- 11 E. Bulk Regulations in the RB District
and 240-125 Zoning Board of Appeals
To allow a subdivision of two merged undersized lots
Date: May 23, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: Stephen J. Constantino, Trustee of the Clifton-Constantino Living
Trust
Property Location: 37 Goodview Way, Barnstable, MA
Assessor's Map/Parcel: 319/080
Zoning: Residence B (RB)
Filed: April 24, 2024 Hearing: June 12, 2024 Decision Due: July 31, 2024
Copy of Public Notice
Stephen J. Constantino, Trustee of the Clifton-Constantino Living Trust, has petitioned for a Lot
Area Variance pursuant to Section 240-11 RB, RD-1 and RF-2 Residential Districts and Section
240-125 Zoning Board of Appeals. The proposed subdivision will reestablish the same lot lines as
prior to the 1985 merger and will be legitimized with an Approval Not Required (ANR) plan if
approved by this Board. The subject property is located at 37 Goodview Way, Barnstable, MA as
shown on Assessor’s Map 319 as Parcel 080. It is located in the Residence B (RB) Zoning District.
Background
The subject property addressed as 37 Goodview Way is a vacant, oddly shaped lot, 0.19 acres
(8,276 square feet), with frontage on Goodview Way. The area is residential in nature with a
variety of size lots.
Proposal & Relief Requested
Stephen J. Constantino, Trustee of the Clifton-Constantino Living Trust, has petitioned for a Lot
Area Variance pursuant to Section 240-11 RB, RD-1 and RF-2 Residential Districts and Section
240-125 Zoning Board of Appeals. The proposed subdivision will reestablish the same lot lines as
prior to the 1985 merger and will be legitimized with an Approval Not Required (ANR) plan if
approved by this Board. The subject property is located at 37 Goodview Way, 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 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. 2024-018 – Constantino
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. 2024-018 is granted to Stephen J. Constantino, Trustee of the Clifton-
Constantino Living Trust, for a Lot Area Variance pursuant to Section 240-11 RB, RD-1
and RF-2 Residential Districts and Section 240-125 Zoning Board of Appeals for the
subdivision to reestablish the same lot lines as prior to the 1985 merger and will be
legitimized with an Approval Not Required (ANR) plan if approved by this Board at 37
Goodview Way, Barnstable, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Draft Plan, Plan of Land in Barnstable, Massachusetts” by J.M.O’Reilly & Associates, Inc
dated April 17, 2024.
3. 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
Variance must be exercised within one year, unless extended.
Copies: Applicant (Attorney Tardiff)
Attachments: Application
Plan