SR-2022-011 Condinho 34 Hi River Rd MM Setback VarianceTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No.2022-011 –Condinho
Section 240-14 E. Bulk Regulations in the RF District
To allow the newly constructed garage to encroach into the front yard setback by
approximately 1.1 feet
Date:April 19, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Petitioners:Kyle and Julie Condinho
Property Location:34 Hi River Road, Marstons Mills, MA
Assessor's Map/Parcel:060/012
Zoning:Residence F (RF)Zoning District
Filed:March 3, 2022 Hearing:April 27, 2022 Decision Due:June 11, 2022Copy of Public Notice
Kyle C. and Julie Condinho have petitioned for a Variance from Section 240-14 E. Bulk
Regulations in the RC-1 and RF Residential Districts. The Petitioners seek a variance from the
front yard setback in order to allow a newly constructed garage encroaching into the front yard
setback by approximately 1.1 feet. The subject property is located at 34 Hi River Road, Marstons
Mills, MA as shown on Assessor’s Map 060 Parcel 012. It is located in the Residence F (RF)
Zoning District.
Background
The subject property is a 0.63 acre lot with frontage on River Road and Hi River Road, Marstons
Mills.The property is a triangle shape and improved with a 3 bedroom,1,460 square feet of living
area (3,270 gross floor area), constructed in 1910. The 2-car garage which is the subject of this
Variance petition was constructed in 2021.The area is residential in nature with a variety of
shaped lots.
Proposal &Relief Requested
The Petitioners are seeking a Variance from Section 240-14 E. Bulk Regulations in the RC-1 and
RF Residential Districts from the front yard setback in order to allow a newly constructed garage to
encroach into the front yard setback by approximately 1.1 feet.
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
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2022-011 -Condinho
2
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.2022-011 from Section 240-14 E. Bulk Regulations in the Residence F Zoning
District is granted to Kyle and Julie Condinho to allow the newly constructed 2-car garage to
encroach into the front yard setback by approximately 1.1 feet at 34 Hi River Road, Marstons
Mills, MA.
2.The site development shall be constructed in substantial conformance with the plan entitled
“Certified Plot Plan location: 34 Hi River Rd Barnstable Ma. (Marstons Mills) prepared for Kylie
Condinho by Ryder & Wilcox dated December 1, 2021.
3.The above-described development 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 (Attorney Mark Boudreau)
Attachments:Application
Plans