HomeMy WebLinkAboutSR-2024-035 Tripp 12 Geraldine Rd COT Setback Variance
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Variance No. 2024-035 – Tripp
Section 240- 14 E. – Bulk Regulations in the RC-1 and RF District
To allow a proposed pool to encroach into the front setback by 58.96 feet where 100 feet is
required from Route 28
Date: September 26, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: Christopher Tripp
Property Location: 12 Geraldine Road, Cotuit, MA
Assessor's Map/Parcel: 040/009
Zoning: Residence F (RF)
Filed: September 12, 2024 Hearing: October 9, 2024 Decision Due: December 22, 2024
Copy of Public Notice
Christopher Tripp has applied for a Variance pursuant to Section 240-14 E Bulk Regulations in the
RC-1 and RF Residential Districts. The Applicant seeks a variance to the front yard setback to
construct a pool with a 6-foot fence around it. The Applicant proposes to reduce the front yard
setback to 58.98 feet where 100 feet is required along Route 28. The subject property is located at
12 Geraldine Road, Cotuit, MA as shown on Assessor’s Map 040 as Parcel 009. It is located in the
Residence F (RF) Zoning District.
Background
The subject property has frontage on both Geraldine Road and Route 28 and is a 0.48 acre lot and
contains an existing 3-bedroom single family dwelling of 1,789 square feet of living area (3,852
gross) and a detached garage constructed in 1968. The area is residential in nature with a variety
of shaped lots.
Proposal & Relief Requested
Christopher Tripp has applied for a Variance pursuant to Section 240-14 E Bulk Regulations in the
RC-1 and RF Residential Districts. The Applicant seeks a variance to the front yard setback to
construct a 16 foot by 32 foot pool with a 6-foot fence around it. The Applicant proposes to reduce
the front yard setback to 58.98 feet where 100 feet is required along Route 28. The subject
property is located at 12 Geraldine Road, Cotuit, MA.
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.
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2024-035 – Tripp
2
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. 2024-035, pursuant to Section 240-14 E. Bulk Regulations in the RC-1 and
RF Residential Districts, is granted to Christoper Tripp to install a 16-foot by 32-foot pool
which will have a 58.98 foot front setback from Route 28 where 100 feet is required at 12
Geraldine Road, Cotuit, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Certified Plot Plan “ by Eastbound Land Surveying, Inc., dated July 11, 2024 with a
revision date of August 20, 2024.
3. The proposed development shall represent full build-out of the lot. Further expansion 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
Attachments: Application
Plan