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HomeMy WebLinkAboutSR-2024-030 McGill 394 Strawberry Hill Rd CENT Lot Coverage and Floor Area Variance Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Variance No. 2024-030 – McGill Section 240-91 H. (3) Developed Lot protection, demolition and rebuilding on nonconforming lots To allow lot coverage and floor area requirements to exceed what’s allowed by right Date: July 25, 2024 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioners: Scott and Melinda McGill Property Address: 394 Strawberry Hill Road, Centerville, MA Assessor's Map/Parcel: 248/228 Zoning: Residence B(RB) Filed: July 15, 2024 Hearing: August 14, 2024 Decision Due: October 24, 2024 Copy of Public Notice Scott and Melinda McGill have applied for a Variance pursuant to Section 240-91H.(1) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Petitioners seek a variance from the lot coverage and floor area requirements to demolish the existing single-family dwelling and construct a new dwelling. The existing lot coverage is 17.6% and the proposed lot coverage is 30.4% where 20% is allowed, and the existing floor area ratio is 21.4% and the proposed floor area ratio is 45% where 30% is allowed. The subject property is located at 394 Strawberry Hill Road, Centerville, MA as shown on Assessor’s Map 248 as Parcel 228. It is located in the Residence B (RB) Zoning District. Background The subject lot is 0.25 acre and developed with a single-family dwelling which appears already demolished and the new dwelling appears to have been partially reconstructed. There is a Building Permit listed in the Assessors records from January 2024. The (original) dwelling was a 3- bedropom dwelling containing 1,080 square feet (2,352 gross), 1 story, and constructed in 1974 and has frontage on Strawberry Hille Road, Centerville. The area contains similar sized residential lots. Section 240-91 H. reads: (3) By special permit. If the proposed demolition and rebuilding cannot satisfy the criteria established in Subsection H(1) above, then the Zoning Board of Appeals may allow the demolition and rebuilding by special permit, provided that the Board finds that: (a) If the proposed new dwelling does not comply with Subsection H(1)(a) above, then the proposed yard setbacks must be equal to or greater than the yard setbacks of the existing building; and (b) All the criteria in Subsection H(1)(b)[1], [2] and [3] above are met. (c) The proposed new dwelling would not be substantially more detrimental to the neighborhood than the existing dwelling. Town of Barnstable Planning and Development Department Staff Report Variance No. 2024-030 – McGill 2 (d) This section shall only apply to Subsection H(2) to the extent that the proposed demolition and rebuilding cannot satisfy the criteria established in Subsection H(1) above and shall not be available for relief from any of the other provisions of Subsection H(2). Proposal & Relief Requested Scott and Melinda McGill have applied for a Variance pursuant to Section 240-91H.(1) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Petitioners seek a variance from the lot coverage and floor area requirements to demolish the existing single-family dwelling and construct a new dwelling. The existing lot coverage is 17.6% and the proposed lot coverage is 30.4% where 20% is allowed, and the existing floor area ratio is 21.4% and the proposed floor area ratio is 45% where 30% is allowed. The subject property is located at 394 Strawberry Hill Road, Centerville, MA as shown on Assessor’s Map 248 as Parcel 228. It is located in the Residence B (RB) Zoning District. 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 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. 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. 2024-030 is granted to Scott and Melinda McGill for a Variance pursuant to Section 240-91H.(1) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots from the lot coverage and floor area requirements to demolish the existing single-family dwelling and construct a new dwelling where the existing lot coverage is 17.6% and the proposed lot coverage is 30.4% where 20% is allowed, and the existing floor area ratio is 21.4% and the proposed floor area ratio is 45% where 30% is allowed at 394 Strawberry Hill Road, Centerville, MA Town of Barnstable Planning and Development Department Staff Report Variance No. 2024-030 – McGill 3 2. The site development shall be constructed in substantial conformance with the plan entitled “Site Plan 394 Strawberry Hill Road Barnstable (Centerville) MA by Demarest Land Surveying dated December 4, 2023, with a revision date of June 25, 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 Boudreau) Attachments: Application Plan