SR-2022-032 Todd 7 Nob Hill Rd BARN Setback VarianceTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No.2022-032 –Todd
Section 240-13 E. Bulk Regs in the RF-1 Zoning District
To construct a deck which will encroach into the rear yard setback
Date:June 23, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Petitioner:Gary Todd
Property Location:7 Nob Hill Road, Hyannis (Hyannisport) MA
Assessor's Map/Parcel:288/119
Zoning:Residence F-1 (RF-1)Zoning District
Filed:June 8, 2022 Hearing:July 13, 2022 Decision Due:September 16, 2022Copy of Public Notice
Gary Todd has petitioned for a Variance from 240-13 E. Bulk Regulations in the RF-1 Zoning
District. The Petitioner is seeking a variance from the minimum rear yard setback to allow the
construction of a deck 8 feet 1 inch from the rear property line where 15 feet is required. The
subject property is located at 7 Nob Hill Road, Barnstable, MA as shown on Assessor’s Map 288
as Parcel 119. It is located in the Residence F-1 (RF-1) Zoning District.
Background
The subject property is a 0.27 acre lot with frontage on Nob Hill Road and Marstons Avenue in
Hyannis (Hyannisport).The property is a rectangle shape and improved with a 3 bedroom
dwelling containing 2,584 square feet of living area (4,426 gross floor area), constructed in 2000.
The area is residential in nature with a variety of shaped lots.
Proposal &Relief Requested
Gary Todd has petitioned for a Variance from 240-13 E. Bulk Regulations in the RF-1 Zoning
District. The Petitioner is seeking a variance from the minimum rear yard setback to allow the
construction of a deck 8 feet 1 inch from the rear property line where 15 feet is required.
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
Variance No. 2022-032 -Todd
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.2022-032 from 240-13 E. Bulk Regulations in the RF-1 Zoning District is granted
to Gary Todd to allow the construction of a deck 8 feet 1 inch from the rear property line where
15 feet is required at 7 Nob Hill Road, Barnstable, MA.
2.The site development shall be constructed in substantial conformance with the plan entitled
“Arch. Site Plan –Deck Extension, Private Residence 7 Nob Hill Road Barnstable MA 02601
dated June 21, 2022.
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