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SR-2022-007 Tella 26 Hidden Lane OST Setback VarianceTown of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Variance No.2022-007 –Tella Section 240-91(H)(1)(b)(1) Developed Lot Protection, Lot Coverage To allow the construction of a pool which would increase lot coverage exceeding allowable limit Date:March 10, 2022 To:Zoning Board of Appeals From:Anna Brigham, Principal Planner Petitioner:Srikanth and Brighid C. Tella Petitioners Address:70 High Street Unit 1,Charlestown, MA 02129 Property Location:26 Hidden Lane, Osterville, MA Assessor's Map/Parcel:140/203 Zoning:Residence C (RC)Zoning District Filed:February 18, 2022 Hearing:March 23, 2022 Decision Due:May 27, 2022Copy of Public Notice Srikanth and Brighid C. Tella have petitioned for a Variance from Section 240-91(H)(1)(b)(1) Developed Lot Protection. The Petitioners seek a Variance to construct a 16’ x 32’ pool at the property which would increase the lot coverage from 18.38% to 23.87%, exceeding the allowable limit of 20%. The subject property is located at 26 Hidden Lane, Osterville, MA as shown on Assessor’s Map 140 Parcel 203. It is located in the Residence C (RC) Zoning District. Background The subject property is a 0.29 acre lot with frontage at the end of Hidden Lane, Osterville.The property is improved with a 4 bedroom,3,074 square feet of living area (6,241 gross floor area), constructed in 2014 with an attached 2-car garage.The area is residential in nature with similar sized lots. Proposal &Relief Requested The Petitioners are seeking a Variance from Section 240-91(H)(1)(b)(1) Developed Lot Protection, Lot Coverage,to construct a 16’ x 32’ pool at the property which would increase the lot coverage from 18.38% to 23.87%, exceeding the allowable limit of 20%. 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. Town of Barnstable Planning and Development Department Staff Report Appeal 2022-007 -Tella 2 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.2022-007 from Section 240-91(H)(1)(b)(1) Developed Lot Protection is granted to Srikanth and Brighid C. Tella to allow the construction of a 16’ x 32’ pool at the property which would increase the lot coverage from 18.38% to 23.87%, exceeding the allowable limit of 20%. The subject property is located at 26 Hidden Lane, Osterville, MA. 2.The site development shall be constructed in substantial conformance with the plan entitled “Site Plan Proposed Improvements at 26 Hidden Lane Barnstable (Osterville) Mass”dated January 17, 2022,drawn and stamped by Sullivan Engineering & Consulting, Inc. 3.The above-described pool shall represent full build-out of the lot. No further additions or accessory structures shall be permitted without approval from the Board. 4.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 prior to issuance of a building permit. The rights authorized by this Variance must be exercised within one year, unless extended. Copies:Applicants Attachments:Application Plans