HomeMy WebLinkAboutSR-2024-042 Miles 693 Santuit Newtown Rd MM NC SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2024 - 042 – Samuel J. Miles, Trustee
240-93 B. Nonconforming buildings or structures not used as single or two family dwellings
To demolish a garage located 2.5 feet from property line and construct a barn located 11.5
feet from property line
Date: November 19, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Samuel J. Miles, Trustee
Property Location: 693 Santuit-Newtown Road, Marstons Mills, MA
Assessor's Map/Parcel: 028/011
Zoning: Residence F (RF) Zoning District
Filed: October 21, 2024 Hearing: December 11, 2024 Decision Due: January 29, 2025
Copy of Public Notice
Samuel J. Miles, as Trustee of the Miles Family Irrevocable Trust, has applied for a Special Permit
pursuant to Section 240-93 B. Nonconforming Buildings or Structures Not Used as Single- or Two-
Family Dwellings. The Applicant seeks to demolish a garage located 2.5 feet from the property line
and construct a barn located 11.5 feet from the property line. The subject property is located at 693
Santuit-Newtown Road, Marstons Mills, MA as shown on Assessor’s Map 028 as Parcel 011. It is
located in the Residence F (RF) Zoning District.
Background
The subject property consists of 1.7 acres with frontage on Santuit-Newtown Road and overlooking
Long Pond. According to the Assessors records, the site consists of two dwellings and a garage.
The principal dwelling contains 3-bedrooms, 1,700 square feet of living area (3,354 gross square
feet) and constructed in 1945. The second dwelling contains 1-bedroom, 352 square feet of living
area (392 gross square footage) and constructed in 1945. According to the application, the
proposed barn is 18 x 42 feet, 2 stories and will be located 11.5 feet from the northerly lot line.
The residential area consists of a variety of lot sizes.
Proposal & Relief Requested
Samuel J. Miles, as Trustee of the Miles Family Irrevocable Trust, has applied for a Special Permit
pursuant to Section 240-93 B. Nonconforming Buildings or Structures Not Used as Single- or Two-
Family Dwellings. The Applicant seeks to demolish a garage located 2.5 feet from the property line
and construct a barn located 11.5 feet from the property line. The subject property is located at 693
Santuit-Newtown Road, Marstons Mills, MA.
Special Permit Findings
For all Special Permits, the Board is required to make general findings pursuant to § 240-125(C).
The Board should review the evidence presented by the Applicant, staff, and members of the
public and, after weighing such evidence, is encouraged to articulate if and how the evidence
contributes to each of the required findings.
1. The application falls within a category specifically excepted in the ordinance for a grant of a
special permit. Section 240-94 B. allows for a Special Permit.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2024-042 – Miles
2
2. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of
the Zoning Ordinance and would not represent a substantial detriment to the public good or
the neighborhood affected.
3. A site plan has been reviewed and found approvable in accordance with Article IX herein
subject only to the issuance of a special permit. Not applicable for single family residential
uses.
Further Section 240-93 B. requires the Board to find that:
4. The proposed repairs, alterations and/or expansion are not substantially more detrimental
to the surrounding neighborhood.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2024-042, a request to demolish a garage
located 2.5 feet from the property line and construct a barn located 11.5 feet from the property line
at 693 Santuit-Newtown Road, Marstons Mills, MA it may wish to consider the following conditions:
1. Special Permit No. 2024-042 is granted to Samuel J. Miles, as Trustee of the Miles Family
Irrevocable Trust, for a Special Permit pursuant to Section 240-93 B. Nonconforming Buildings
or Structures Not Used as Single- or Two-Family Dwellings to demolish a garage located 2.5
feet from the property line and construct a barn located 11.5 feet from the property line at 693
Santuit-Newtown Road, Marstons Mills, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Plot Plan – Proposed Barn” by BSS Design dated October 3, 2024.
3. The proposed alteration of use shall represent full build-out of the lot. No further changes 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 Special Permit
must be exercised within two years, unless extended.
Copies: Applicant (c/o Attorney Michael Schulz)
Attachments: Application
Plans