SR-2023-012 MacKinnon 33 Oyster Place and 910 Main St COT Mod Var
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2023-012 – MacKinnon/MacKinnon
Section 240-125 (B) (1) (c)
Modification of Variance No. 2022-008
To modify Variance No. 2022-008, Condition No. 4, to allow an additional accessory structure
Date: June 1, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: Matthew J. MacKinnon, Trustee of 33 Oyster Place Realty Trust,
and Donald J. Mackinnon, Trustee of MCCM Realty Trust
Petitioners Address: 910 Main Street, Cotuit, MA
Assessor's Map/Parcel: 035/90
Zoning: Residence F (RF) Zoning District, Resource Protection Overlay
District (RPOD)
Filed: May 9, 2023 Hearing: June 14, 2023 Decision Due: August 17, 2023
Copy of Public Notice
Donald J. McKinnon, Trustee of MCCM Realty Trust has applied to modify Condition No. 4 of
Appeal No. 2022-008 to allow an additional accessory structure on the property. The Applicant
proposes to construct a free-standing garage/workshop. As per Condition No. 4 of Appeal No.
2022-008, approval is required for this accessory structure. The subject property is located at 910
Main Street, Cotuit, MA as shown on Assessor’s Map 035 as parcel 090. It is located in the
Residence F (RF) Zoning District and the Resource Protection Overlay District (RPOD).
Background
The property addressed as 910 Main Street is a 0.6 acre lot located adjacent to 33 Oyster Place
Road with frontage on Oyster Place Road and Main Street, Cotuit. The property contains a 4-
bedroom single family dwelling with 2,592 square feet of living area (4,508 gross square feet)
constructed in 1922. The area consists of a variety of sized residential lots.
Prior Zoning Board of Appeals actions:
Variance No. 2021-029 allowed proposed improvements and additions to the single family
dwellings on both of the subject properties, including removing the cottage and additions to the
principal dwelling at 33 Oyster Place, upgrading both septic systems, as well as proposing to
adjust lot lines between two nonconforming lots. The reconfigured lots did not meet the
requirements of the Zoning Ordinance, so a Variance was required. The Petitioner is seeking to
modify this Variance to amend the plan referenced in Condition #3 to refer to the revised site plan.
Variance Modification 2022-008 allowed the modification to amend the plan referenced in
Condition #3 which states, “The site development shall be in substantial conformance with the plan
entitled “Plan of Land #910 Main Street & #33 Oyster Place Road, Cotuit MA by Down Cape
Engineering Inc., dated April 29, 2021.” The Petitioners proposed certain changes to the proposed
expansions of the homes and to the approved site plan and are seeking to modify t he Decision to
allow for proposed modifications and to reference the revised site plan. No further relief was being
sought.
Town of Barnstable Planning and Development Department Staff Report
Appeal 2023-012 - MacKinnon/MacKinnon
2
Proposal & Relief Requested
Donald J. McKinnon, Trustee of MCCM Realty Trust has applied to modify Condition No. 4 of
Appeal No. 2022-008 to allow an additional accessory structure on the property. The Applicant
proposes to construct a free-standing garage/workshop. As per Condition No. 4 of Appeal No.
2022-008, approval is required for this accessory structure. The subject property is located at 910
Main Street, Cotuit, MA as shown on Assessor’s Map 035 as parcel 090. It is located in the
Residence F (RF) Zoning District and the Resource Protection Overlay District (RPOD).
Variance Findings
The Board may wish to consider the following draft Finding:
1. Variance No. 2023-012 is seeking to modify Variance No. 2022-008 Condition No. 4 to
allow an additional accessory structure on the property as submitted in the application and
plan provided. The Applicant proposes to construct a free-standing garage/workshop at
910 Main Street, Cotuit, MA. All other conditions are in effect.
Suggested Variance Conditions
Should the Board find to grant the Variance, it may wish to consider the following conditions:
1. Variance No. 2023-012, a modification of Variance No. 2022-008, is granted to Matthew J.
MacKinnon, Trustee of 33 Oyster Place Realty Trust, and Donald J. MacKinnon, Trustee of
MCCM Realty Trust to amend the plan referenced in Condition #4 of Variance 2022-008 to
refer to the revised site plan with associated modifications to the homes and accessory
structures as depicted on the revised site plan.
2. Both septic systems shall be maintained in perpetuity.
3. The site development shall be in substantial conformance with the plan entitled “Site Plan
of #910 Main Street & #33 Oyster Place Road Cotuit, MA” prepared by Down Cape
Engineering Inc., dated April 29, 2021 with revision dates of August 13, 2021 and February
15, 2022.
4. There shall be no further expansion of the structures or construction of accessory
structures without approval from the Zoning Board of Appeals.
5. The Petitioner shall comply with Decisions and conditions issued by the Board of Health
and Conservation Commission.
6. 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. The rights authorized by this Variance must be exercised within one
year, unless extended.
Copies: Applicants (c/o Attorney Eliza Cox)
Attachments: Application
Plan
Appeal No. 2021-029
Appeal No. 2022-008