HomeMy WebLinkAboutSR-2024-009 Bunn and Creedon 157 Poponessett Rd COT Setback Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2024-009 – Bunn and Creedon
Section 240- 14 E. – Bulk Regulations in the RC-1 and RF District
To allow a proposed pool house to encroach into the setback to 12.8 feet where 30 feet is
required and to 7.7 feet where 15 feet is required
Date: March 28, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: Brian M. Bunn and Jennifer A. Creedon
Property Location: 157 Poponessett Road, Cotuit, MA
Assessor's Map/Parcel: 019/079
Zoning: Residence F (RF)
Filed: March 6, 2024 Hearing: April 10, 2024 Decision Due: June 16, 2024
Copy of Public Notice
Brian M. Bunn and Jennifer A. Creedon have petitioned for a Variance pursuant to Section 240-14
E. Bulk Regulations in the RC-1 and RF Residential Districts, and Section 240-126 Variance
Provisions. The Petitioners seek a variance to the front and side yard setback requirement to build
an accessory structure (pool house) in the northwest corner of their lot adjacent to their existing
inground pool and existing walkway and hardscape patio areas and retaining walls. The Petitioners
propose to reduce the front yard setback to 12.8 feet where 30 feet is required, and the side yard
setback to 7.7 feet where 15 feet is required. The subject property is located at 157 Poponessett
Road, Cotuit, MA as shown on Assessor’s Map 019 as Parcel 079. It is located in the Residence F
(RF) Zoning District.
Background
The subject property addressed as 157 Poponessett Road, Cotuit, is a 0.47 acre lot and contains
an existing 4-bedroom single family dwelling of 2,414 square feet of living area (3,440 gross) and a
shed constructed in 1967. The area is residential in nature with a variety of shaped lots.
Proposal & Relief Requested
Brian M. Bunn and Jennifer A. Creedon have petitioned for a Variance pursuant to Section 240-14
E. Bulk Regulations in the RC-1 and RF Residential Districts, and Section 240-126 Variance
Provisions. The Petitioners seek a variance to the front and side yard setback requirement to build
an accessory structure (pool house) in the northwest corner of their lot adjacent to their existing
inground pool and existing walkway and hardscape patio areas and retaining walls. The Petitioners
propose to reduce the front yard setback to 12.8 feet where 30 feet is required, and the side yard
setback to 7.7 feet where 15 feet is required. The subject property is located at 157 Poponessett
Road, Cotuit, 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:
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2024-009 – Bunn and Creedon
2
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.
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. 2024-009, pursuant to Section 240-14 E. Bulk Regulations in the RC-1 and
RF Residential Districts, and Section 240-126 Variance Provisions, is granted to Brian M.
Bunn and Jennifer A. Creedon to build an accessory structure (pool house) in the
northwest corner of their lot adjacent to their existing inground pool and existing walkway
and hardscape patio areas and retaining walls proposing to reduce the front yard setback
to 12.8 feet where 30 feet is required, and the side yard setback to 7.7 feet where 15 feet
is required at 157 Poponessett Road, Cotuit, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Certified Plot Plan #157 Poponessett Road Cotuit, MASS” by EAS Survey, Inc dated
January 5, 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 (Attorney Creedon)
Attachments: Application
Plan