SR-2022-025 Howe 33 Captain Murphy's Way No. 3 BARN ADU VarianceTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No.2022-025 –Howe
Section 240-47.2 C. Accessory Dwelling Units
To establish a 540 square foot accessory dwelling unit in the existi ng detached garage
located in a 3-unit condominium development
Date:May 13, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Petitioners:Celeste M. Howe and Michelle A. Aceto
Property Location:33 Captain Murphy’s Way No. 3, Barnstable,MA
Assessor's Map/Parcel:317/031-01C
Zoning:Residence F-2 (RF-2)Zoning District
Filed: April 27, 2022 Hearing:May 25, 2022 Decision Due:August 5, 2022Copy of Public Notice
Celeste M. Howe and Michelle A. Aceto have petitioned for a Variance from Section 240-47. 2 C.
Accessory Dwelling Units (ADU’s). The Petitioners seek a variance to establish a 540 square foot
accessory dwelling unit (ADU) in the existing detached garage which is located in a three-unit
residential condominium development. The subject property is located at 33 Captain Murphy’s
Way No. 3, Barnstable, MA as shown on Assessor’s Map 317 as Parcel 031-01C. It is located in
the Residence F-2 (RF-2) Zoning District.
Background
The subject property is a 1.08 acre lot with frontage on Captain Murphy’s Way south of Route 6A
in Barnstable.The property contains three detached residential condominiums, but the subject
property is Unit 3 and improved with a 2 bedroom,1,224 square feet of living area (2,836 gross
floor area), constructed in 1870. The 1.5-car garage which is the subject of this Variance petition
was constructed in 2005.The Petitioner has also applied for a Special Permit No. 2022-026 for a
Family Apartment.The area is residential in nature with a variety of shaped lots.
Proposal &Relief Requested
The Petitioners seek a variance to establish a 540 square foot accessory dwelling unit (ADU) in
the existing detached garage which is located in a three-unit residential condominium
development.Ms. Howe’s son is in need of housing and the area above the garage is ideal for an
accessory dwelling unit.The subject property is located at 33 Captain Murphy’s Way No. 3,
Barnstable, MA.
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. 2022-025 –Howe and Aceto
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.2022-025 from Section 240-47.2 C. Accessory Dwelling Units is granted to
Celeste M. Howe and Michelle A. Aceto to allow an Accessory Dwelling unit to be established
above the existing detached garage at 33 Captain Murphy’s Way No. 3, Barnstable, MA.
2.The site development shall be constructed in substantial conformance with the plan entitled
“XXXXXXXXXXXXXXXXXXXXXX)” prepared by XXXXXXXXX dated XXXXXXXXX.The
Board should note that the Applicant has not submitted a site plan or building plans.
3.The Applicant must comply with the restrictions in Section 240-47.2B. Accessory Dwelling
Units Procedural Requirements 1-3 of the Ordinance as follows:
.
(1)An ADU that conforms to the requirements contained herein shall be permitted as an
accessory use to a lawful single-family dwelling use, except that no ADU shall be permitted
on a lot at the same time either an affordable accessory apartment exists on that lot
pursuant to Chapter 9, Article II, §§9-12 through 9-16, of the General Ordinances of the
Code of the Town of Barnstable or as a family apartment exists on that lot pursuant to
§240-47.1.
(2)Prior to issuance of a building permit for an ADU, site plans, floor plans and elevations
shall be submitted showing the proposed interior and exterior changes to existing buildings
or new buildings and improvements on a lot associated with a proposed ADU.
(3)The construction of any accessory dwelling unit must be in conformity with the federal,
state, and local laws and regulations, including all historic, and Old King's Highway
requirements if applicable.
4.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.
5.All mechanical equipment associated with the dwelling (air conditioners, electric generators,
etc.) shall be screened from neighboring homes and the public right-of-way.
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 prior to issuance of a building permit. The rights authorized by this Variance must be
exercised within one year, unless extended.
Copies:Applicants (Attorney Michael Schulz)
Attachments:Application
Plans