SR-2023-008 Carangelo 4 Skipjack Land HY Bulk Regs Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2023-008 – Carangelo
Section 240- 14 E. Bulk Regulations in the RC-1 District
To allow for compliance with Bulk Regulations
Date: March 27, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: Robert Carangelo
Property Owners: George Michael Deraleau and Carmen Lugo-Deraleau
Property Location: 4 Skipjack Lane, Hyannis, MA
Assessor's Map/Parcel: 273/085-004
Zoning: Residence C-1 (RC-1) Zoning District
Filed: March 15, 2022 Hearing: April 12, 2023 Decision Due: June 23, 2023
Copy of Public Notice
Robert Carangelo has applied for a Variance in accordance with Section 240-14E RC-1
Residential District Bulk Regulations Minimum Lot Area, Minimum Front and Side Yard Setbacks.
The Petitioner sold 4 Skipjack Lane to the current owners on November 20, 2022 and is
responsible for obtaining post-closing zoning relief under the terms of a duly authorized escrow
agreement. The parcel is within the Cobblestone Landing Subdivision and was granted a Special
Permit with certain waivers in 1986 of the town’s subdivision rules and regulations as shown on
Book 5380 Page 252 of the Barnstable County Registry of Deeds. In 2012, the owners of 4
Skipjack Lane and 10 Skipjack Lane created new 617 sq. ft. parcels and exchanged them in order
to resolve a driveway encroachment. Although the new lots remain in compliance with the 1986
Special Permit and waivers, they may not be in compliance with current zoning. Petitioner requests
a Variance or in the alternative a determination that no zoning relief is needed. The subject
property is located at 4 Skipjack Lane, Hyannis, MA as shown on Assessor’s Map 273 as Parcel
085 004. It is located in the Residence C-1 (RC-1) Zoning District.
Background
The subject property is a 0.15 acre lot with frontage on both Skipjack Lane and Centerboard Lane
in Hyannis and contains a 1,579 square foot (3,696 gross) 4-bedroom single family dwelling
constructed in 1990. The locus is within the Cobblestone Subdivision and subject to a 1986
Planning Board Special Permit and certain waivers of the Towns Subdivision Rules and
Regulations. The area is residential in nature with similarly shaped lots.
Proposal & Relief Requested
Robert Carangelo has applied for a Variance in accordance with Section 240-14E RC-1
Residential District Bulk Regulations Minimum Lot Area, Minimum Front and Side Yard Setbacks.
The Petitioner sold 4 Skipjack Lane to the current owners on November 20, 2022 and is
responsible for obtaining post-closing zoning relief under the terms of a duly authorized escrow
agreement. The parcel is within the Cobblestone Landing Subdivision and was granted a Special
Permit with certain waivers in 1986 of the town’s subdivision rules and regulations as shown on
Book 5380 Page 252 of the Barnstable County Registry of Deeds. In 2012, the owners of 4
Skipjack Lane and 10 Skipjack Lane created new 617 sq. ft. parcels and exchanged them in order
to resolve a driveway encroachment. Although the new lots remain in compliance with the 1986
Special Permit and waivers, they may not be in compliance with current zoning. Petitioner requests
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2023-008 – Carangelo
2
a Variance or in the alternative a determination that no zoning relief is needed. The subject
property is located at 4 Skipjack Lane, Hyannis, 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;
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.
Or, in the alternative,
the Board may find that the lots are in compliance with the 1986 Special Permit and no
zoning relief is required.
Suggested Variance Conditions
Should the Board find to grant the Variance, it may wish to consider the following conditions:
1. Variance No. 2023-008 from Section 240-14 E. Bulk Regulations, Lot area, in the RC-1 Zoning
District is granted to Robert Carangelo to allow for an equal land swap of 617 square feet
between 4 Skipjack Lane and 10 Skipjack Lane, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Plan of Land in Barnstable, MA” by Eagle Surveying, Inc., dated October 12, 2007.
3. The above-described development shall represent full build-out of the lot. No further changes
to the lot 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: Applicant (c/o Attorney Patrick Nickerson)
Attachments: Application
Plan