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