SR-2023-006 Andersen 77 Parker Rd OST unmerge lots Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2023-006 - Andersen
Section 240- 13 E. Bulk Regulations in the RC District
To allow one conforming lot to be divided into two nonconforming lots
Date: March 9, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: Denise M. Andersen, Trustee
Property Location: 77 Parker Road, Osterville, MA
Assessor's Map/Parcel: 117/135
Zoning: Residence C (RC) Zoning District
Filed: February 28, 2023 Hearing: March 22, 2023 Decision Due: May 28, 2023
Copy of Public Notice
Denise M. Andersen, Trustee of the Andersen 77 Parker Road Nominee Trust, has petitioned for
two Variances from Section 240-13 E. Residence C (RC) District, Bulk Regulations, and 240-36
Resource Protection Overlay District (RPOD). The Petitioner seeks two variances to unmerge Lot
1 (40,075 sq. ft.) from Lot 2, a developed lot containing 43,915 sq. ft., pursuant to the plan
prepared by Sullivan Engineering and Consulting, Inc. The subject property is located at 77 Parker
Rd, Osterville, MA as shown on Assessor’s Map 117 as Parcel 135. It is located in the Residence
C (RC) Zoning District.
Background
The subject property is a 2 acre lot with frontage on Parker Road overlooking the Wianno Club to
the rear. The lot contains a 1,884 square foot, 4-bedroom dwelling (3,363 gross) constructed in
1872. Aside from the Wianno Club, the area is residential in nature with a variety of shaped lots.
Proposal & Relief Requested
Denise M. Andersen, Trustee of the Andersen 77 Parker Road Nominee Trust, has petitioned for
two Variances from Section 240-13 E. Residence C (RC) District, Bulk Regulations, and 240-36
Resource Protection Overlay District (RPOD). The Petitioner seeks two variances to unmerge Lot
1 (40,075 sq. ft.) from Lot 2, a developed lot containing 43,915 sq. ft., where 87,120 sq ft is
required per lot, pursuant to the plan prepared by Sullivan Engineering and Consulting, Inc. The
subject property is located at 77 Parker Rd, Osterville, MA as shown on Assessor’s Map 117 as
Parcel 135. It is located in the Residence C (RC) 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
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2023-006 – Andersen
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(s), it may wish to consider the following conditions:
1. In Variance No. 2023-006, the Petitioner seeks to unmerge Lot 1 (40,075 sq. ft.) from Lot
2, a developed lot containing 43,915 sq. ft., pursuant to the plan prepared by Sullivan
Engineering and Consulting, Inc. The subject property is located at 77 Parker Rd,
Osterville, MA.
2. Lot 1 shall have 40,075 sq. ft. where 87,120 sq. ft is required.
3. Lot 2 shall have 43,915 sq. ft. where 87,120 sq. ft. is required.
4. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan Existing Conditions at 77 Parker Road Barnstable (Osterville) Mass” by Sullivan
Engineering & Consulting Inc., dated January 3, 2023.
5. 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 (c/o Attorney Michael Schulz)
Attachments: Application
Plans