SR-2022-031 auf der Springe and Carty 56 Christmas Way MM Setback VarianceTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No.2022-031 –auf der Springe/Carty
Section 240-14 B. (2) Accessory Uses in the RF which cites Section 240-11 B. (2) (e)
setback requirements
To construct a horse paddock fence 2.4 feet from the front lot line
Date:June 23, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Petitioners:Amy auf der Springe and Sean Carty
Property Location:56 Christmas Way, Marstons Mills MA
Assessor's Map/Parcel:127/022
Zoning:Residence F (RF)Zoning District
Filed:June 8, 2022 Hearing:July 13, 2022 Decision Due:September 16, 2022Copy of Public Notice
Amy auf der Springe and Sean Carty have petitioned for a Variance from Section 240-14 B. (2)
which references 240-11 B. (2) (e) Accessory Uses in the RF District. The Petitioners are seeking
a variance to install a horse paddock fence 2.4 feet from the front yard setback along Christmas
Way rather than the required 15 feet. The subject property is located at 56 Christmas Way,*West
Barnstable*, MA as shown on Assessor’s Map 127 as Parcel 022. It is located in the Residence F
(RF) Zoning District.
*GIS shows this property in Marstons Mills
Background
The subject property is a 1.61 acre lot with frontage on Christmas Way and Woodside Road in
Marstons Mills.The property is an oval shape and improved with a 3 bedroom dwelling containing
1,756 square feet of living area (3,691 gross floor area), constructed in 1985.The area is
residential in nature with a variety of shaped lots.
Proposal &Relief Requested
Amy auf der Springe and Sean Carty have petitioned for a Variance from Section 240-14 B. (2)
which references 240-11 B. (2) (e) Accessory Uses in the RF District. The Petitioners are seeking
a variance to install a horse paddock fence 2.4 feet from the front yard setback along Christmas
Way rather than the required 15 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. 2022-031 –auf der Springe/Carty
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.2022-031 from Section 240-14 B. (2) which references 240-11 B. (2) (e)
Accessory Uses in the RF District is granted to Amy auf der Springe and Sean Carty to install a
horse paddock fence 2.4 feet from the front yard setback along Christmas Way rather than the
required 15 feet at 56 Christmas Way,Marstons Mills, MA.
2.The site development shall be constructed in substantial conformance with the plan entitled
“Proposed Horse Fence Plan” by Cape & Islands Engineering dated May 23, 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
Attachments:Application
Plans