Loading...
HomeMy WebLinkAboutSR-2024-026 MacKinnon 33 Oyster Place and 910 Main St COT Mod Var Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Variance No. 2024-026 – MacKinnon/MacKinnon Section 240-125 (B) (1) (c) Modification of Variance No. 2023-012 To modify Variance No. 2023-012 to allow the construction of a decreased square footage of a detached accessory structure Date: July 1, 2024 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioners: Matthew J. MacKinnon, Trustee of 33 Oyster Place Realty Trust, and Donald J. Mackinnon, Trustee of MCCM Realty Trust Petitioners Address: 910 Main Street, Cotuit, MA Assessor's Map/Parcel: 035/90 Zoning: Residence F (RF) Zoning District, Resource Protection Overlay District (RPOD) Filed: May 24, 2024 Hearing: July 10, 2024 Decision Due: September 1, 2024 Copy of Public Notice Donald J. MacKinnon, Trustee of MCCM Realty Trust has petitioned for a modification of Variance No. 2023-012. The Applicant received approval for Variance No. 2023-012 to construct a detached accessory structure. The Petitioner proposes to decrease the size of the structure and seeks to amend Variance No. 2023-012 to reference revised plans. The subject property is located at 910 Main Street, Cotuit, MA as shown on Assessor’s Map 035 as Parcel 090. It is located in the Residence F (RF) Zoning District and the Resource Protection Overlay District (RPOD). Background The property addressed as 910 Main Street is a 0.6 acre lot located adjacent to 33 Oyster Place Road with frontage on Oyster Place Road and Main Street, Cotuit. The property contains a 4- bedroom single family dwelling with 2,592 square feet of living area (4,508 gross square feet) constructed in 1922. The area consists of a variety of sized residential lots. Prior Zoning Board of Appeals actions: Variance No. 2021-029 allowed proposed improvements and additions to the single family dwellings on both of the subject properties, including removing the cottage and additions to the principal dwelling at 33 Oyster Place, upgrading both septic systems, as well as proposing to adjust lot lines between two nonconforming lots. The reconfigured lots did not meet the requirements of the Zoning Ordinance, so a Variance was required. The Petitioner is seeking to modify this Variance to amend the plan referenced in Condition #3 to refer to the revised site plan. Variance Modification 2022-008 allowed the modification to amend the plan referenced in Condition #3 which states, “The site development shall be in substantial conformance with the plan entitled “Plan of Land #910 Main Street & #33 Oyster Place Road, Cotuit MA by Down Cape Engineering Inc., dated April 29, 2021.” The Petitioners proposed certain changes to the proposed expansions of the homes and to the approved site plan and are seeking to modify the Decision to allow for proposed modifications and to reference the revised site plan. No further relief was being sought. Town of Barnstable Planning and Development Department Staff Report Appeal 2024-026 - MacKinnon/MacKinnon 2 Variance Modification 2023-012 – allowed the modification of Condition No. 4 of Appeal No. 2022-008 to allow an additional accessory structure on the property. The Applicant proposed to construct a free-standing garage/workshop. Proposal & Relief Requested Donald J. MacKinnon, Trustee of MCCM Realty Trust has petitioned for a modification of Variance No. 2023-012. The Applicant received approval for Variance No. 2023-012 to construct a detached accessory structure. The Petitioner proposes to decrease the size of the structure and seeks to amend Variance No. 2023-012 to reference revised plans. The subject property is located at 910 Main Street, Cotuit, MA as shown on Assessor’s Map 035 as Parcel 090. It is located in the Residence F (RF) Zoning District and the Resource Protection Overlay District (RPOD). Procedure - NEW A complete application has been received and as such the Board shall open the hearing by vote of the Board. The Board shall then assign members and hear the matter before them. If the Board needs additional information the Board may continue this matter to a date certain. Once the Board has exhausted their review the Board shall motion to close the public hearing. At this time no new information or public comment is to be accepted by the Board. The Board shall now deliberate render a decision. When rendering a decision, a motion shall be made to (approve, approve with conditions, or deny) with the following findings and conditions. The Board shall state findings and may state or reference proposed conditions. Once findings and conditions are completed, a second is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote. Lastly a vote is then called for. Variance Findings The Board may wish to consider the following draft Finding: 1. Variance No. 2024-026 is seeking to modify Variance No. 2023-012 to construct a detached accessory structure. The Petitioner proposes to decrease the size of the structure and seeks to amend Variance No. 2023-012 to reference revised plans. All other conditions are in effect. Suggested Variance Conditions Should the Board find to grant the Variance, it may wish to consider the following conditions: 1. Variance No. 2024-026, a modification of Variance No. 2023-012, is granted to Matthew J. MacKinnon, Trustee of 33 Oyster Place Realty Trust, and Donald J. MacKinnon, Trustee of MCCM Realty Trust to construct a decreased detached accessory structure and to amend Variance No. 2023-012 to reference revised plans. 2. Both septic systems shall be maintained in perpetuity. 3. The site development shall be in substantial conformance with the plan entitled “Site Plan of #910 Main Street & #33 Oyster Place Road Cotuit, MA” prepared by Down Cape Engineering Inc., dated April 29, 2021 with the last revision date of May 21, 2024. 4. There shall be no further expansion of the structures or construction of accessory structures without approval from the Zoning Board of Appeals. 5. The Petitioner shall comply with Decisions and conditions issued by the Board of Health and Conservation Commission. 6. This 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. The rights authorized by this Variance must be exercised within one year, unless extended. Town of Barnstable Planning and Development Department Staff Report Appeal 2024-026 - MacKinnon/MacKinnon 3 Copies: Applicants (c/o Attorney Eliza Cox) Attachments: Application Plan