SR-2022-044 Munsell 3075 Main St BARN Bulk Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2022-044 – Munsell
Section 240- 11 E. Bulk Regulations in the RF-2 District
To allow the reconstruction/enlargement of the existing structure to create a single family
dwelling
Date: August 30, 2022
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: David P. Munsell and Diane M. Munsell
Property Location: 3075 and 3077 Main Street, Barnstable, MA
Assessor's Map/Parcel: 279/041 and 040
Zoning: Residence F-2 (RF-2) Zoning District
Filed: July 28, 2022 Hearing: September 14, 2022 Decision Due: November 5, 2022
Copy of Public Notice
David P. Munsell Jr. and Diane M. Munsell have petitioned for a Variance from Section 240-11 E.
Bulk Regulations in the RF-2 Zoning District. The Petitioners seek a variance from the minimum
bulk regulations to allow for the reconstruction/enlargement of the 450 square foot carriage
house/barn and 80 square foot shed where 10 feet is proposed and 15 feet is required so they can
be redeveloped into a 2,723 square foot Single Family Dwelling and 80 square foot shed. The
subject property is located at 3075 and 3077 Main Street, Barnstable, MA as shown on Assessor’s
Map 279 as Parcels 040 and 041. It is located in the Residence F-2 (RF-2) Zoning District.
Background
The subject property addressed as 3075 Main Street is a .33 acre lot and contains an accessory
450 square foot structure (Carriage House) and 80 square foot shed, with frontage on Main
St/Route 6A in Barnstable Village. The subject property addressed as 3077 Main Street is not
listed in the Assessors database as it is considered merged with 3075 Main Street. The property
has an odd jog in the rear. The area is residential in nature with a variety of shaped lots.
Proposal & Relief Requested
David P. Munsell Jr. and Diane M. Munsell have petitioned for a Variance from Section 240 -11 E.
Bulk Regulations in the RF-2 Zoning District. The Petitioners seek a variance from the minimum
bulk regulations to allow for the reconstruction/enlargement of the 450 square foot carriage
house/barn and 80 square foot shed where 10 feet is proposed and 15 feet is required so they can
be redeveloped into a 2,723 square foot Single Family Dwelling and 80 square foot shed. Aside
from the existing encroachment into the side yard setback, the proposed dwelling will comply with
the other setback requirements. The subject property is located at 3075, 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;
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2022-044 – Munsell
2
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.
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. 2022-044 from Section 240-11 E. Bulk Regulations, Lot area, in the RF-2 Zoning
District is granted to David P. Munsell and Diane M. Munsell to allow for the
reconstruction/enlargement of the 450 square foot carriage house/barn and 80 square foot
shed where 10 feet is proposed and 15 feet is required so they can be redeveloped into a
2,723 square foot Single Family Dwelling and 80 square foot shed at 3075 Main Street,
Barnstable, MA, where .33 acre is proposed and 1 acre is required.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Plan of Land of #3075 & #3077 Route 6A Barnstable, MA” by Down Cape Engineering dated
October 9, 2019.
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 Peter Freeman)
Attachments: Application
Plans