SR-2022-030 Bank of America 3840 Falmouth Rd MM VarianceTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No.2022-030 –Bisbano/Bank of America, Leasee
Section 240-103. E.(3) Site Development Standard for Adequate Illumination
To allow proposed lighting to trespass beyond property lines
Date:June 9, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Petitioner:Bruce Bisbano
Petitioners Address:188 Valley St, Suite 100, Providence RI 02909
Property Location:3840 Falmouth Road, Marstons Mills,MA
Assessor's Map/Parcel:058/039-002
Zoning:Service & Distribution (S&D)
Filed:May 12, 2022 Hearing:June 22, 2022 Decision Due:August 20, 2022Copy of Public Notice
Bruce W. Bisbano has petitioned for a Variance from Section 240-103 E. (3) Site Development
Standards. The Petitioner, who is representing Bank of America, seeks a variance to allow the
proposed lighting to trespass beyond the property boundary exceeding the 0.1 foot candle. The
subject property is located at 3840 Falmouth Road, Marstons Mills, MA as shown on Assessor’s
Map 058 as Parcel 039-002. It is located in the Service and Distribution (S&D) Zoning District.
Background
The subject property is a 7.55 acre lot with frontage on Falmouth Road in Marstons Mills.The
subject stand-alone structure is located within the existing plaza at the corner of Falmouth Road
and the entrance to the plaza.The structure contains 5540 gross square footage and was
constructed in 2002.The structure was previously a bank branch.
Proposal &Relief Requested
Bruce W. Bisbano has petitioned for a Variance from Section 240-103 E. (3) Site Development
Standards. The Petitioner, who is representing Bank of America, seeks a variance to allow the
proposed lighting to trespass beyond the property boundary exceeding the 0.1 foot candle. The
subject property is located at 3840 Falmouth Road, Marstons Mills, MA as shown on Assessor’s
Map 058 as Parcel 039-002. It is located in the Service and Distribution (S&D) Zoning District.
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 2022-030 –Bisbano/Bank of America
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.2022-030 is granted to Bruce Bisbano, Bank of America as lease,for a Variance
from Section 240-103 E.(3) Site Development Standards. The Petitioner, who is representing
Bank of America, seeks a variance to allow the proposed lighting to trespass beyond the
property boundary exceeding the 0.1 foot candle. The subject property is located at 3840
Falmouth Road, Marstons Mills, MA.
2.The site development shall be constructed in substantial conformance with the plan entitled
“Bank of America Exterior Lighting Program” Sheet LU-1 by GMR Facility and Engineering.
3.All Site Plan Review conditions of approval are hereby incorporated into this Decision.
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:Applicant
Attachments:Application
Plans
SPR Letter dated March 24, 2022