HomeMy WebLinkAboutSR-2025-001 Fix 359 Seapuit Rd OST SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2025-001 – Fix
240-94 B. Nonconforming Use, Expansion
To allow the alteration of a preexisting nonconforming use by transferring the existing
apartment to a proposed barn
Date: February 6, 2025
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Alicia L. Fix, Trustee of 333 Seapuit Road Realty Trust
Property Location: 359 Seapuit Road, Osterville, MA
Assessor's Map/Parcel: 095/009
Zoning: Residence F-1 (RF-1) Zoning District
Filed: January 27, 2025 Hearing: February 26, 2025 Decision Due: May 7, 2025
Copy of Public Notice
Alicia L. Fix, Trustee of the 333 Seapuit Road Realty Trust, has applied for a Special Permit
pursuant to Section 240-94 B. Nonconforming Use, Expansion. The Applicant proposes to alter a
preexisting nonconforming use by transferring the 470 square foot apartment unit located in the
former principal dwelling to a proposed 874 square foot golf cart barn. The subject property is
located at 359 Seapuit Road, Osterville, MA as shown on Assessor’s Map 095 as Parcel 009. It is
located in the Residence F-1 (RF-1) Zoning District.
Background
The subject property consists of 1.95 acres located at the end of Seapuit Road, overlooking Bog
Pond, Osterville. According to the Assessors records, the site consists of a 4-bedroom single
family dwelling of 7,757 square feet of living area (18,165 gross) constructed in 2023. The
property also contains a pool, a 3,862 square foot 3-bedroom guest house with kitchen, and a
couple of additional accessory structures. The area consists of similar lot sizes and similar sized
dwellings.
Proposal & Relief Requested
Alicia L. Fix, Trustee of the 333 Seapuit Road Realty Trust, has applied for a Special Permit
pursuant to Section 240-94 B. Nonconforming Use, Expansion. The Applicant proposes to alter a
preexisting nonconforming use by transferring the 470 square foot apartment unit located in the
former principal dwelling to a golf cart barn. The subject property is located at 359 Seapuit Road,
Osterville, 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 2025-001 - Fix
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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 with conditions. Site Plan
Review is not required.
Further Section 240-94 B. requires the Board to find that:
4. Any proposed expansion of the use shall conform to the established setbacks for the
zoning district in which it is located, or such greater setbacks as the Zoning Board of
Appeals may require due to the nature of the use and its impact on the neighborhood
and surrounding properties.
5. The proposed use and expansion is on the same lot as occupied by the
nonconforming use on the date it became nonconforming.
6. The proposed new use is not expanded beyond the zoning district in existence on
the date it became nonconforming.
7. At the discretion of the Zoning Board of Appeals, improvements may be required in
order to reduce the impact on the neighborhood and surrounding properties
including but not limited to the following:
(a) Greater conformance of signage to the requirements of Article VII;
(b) The addition of off-street parking and loading facilities;
(c) Improved pedestrian safety, traffic circulation and reduction in the number and/or
width of curb cuts;
(d) Increase of open space or vegetated buffers and screening along adjoining lots
and roadways. The applicant shall demonstrate maximum possible compliance with
with § 240-53, Landscape Requirements for Parking Lots, Subsection F, if applicable.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2025-001, a request to alter a preexisting
nonconforming use by transferring the 470 square foot apartment unit located in the former
principal dwelling to a 874 square foot area of a proposed golf cart barn at 359 Seapuit Road,
Osterville, MA, it may wish to consider the following conditions:
1. Special Permit No. 2025-001 is granted to Alicia L. Fix, Trustee of the 333 Seapuit Road Realty
Trust, pursuant to Section 240-94 B. Nonconforming Use, Expansion, to alter a preexisting
nonconforming use by transferring the 470 square foot apartment unit located in the former
principal dwelling to a 874 square foot area in a proposed golf cart barn at 359 Seapuit Road,
Osterville, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan Proposed Improvements at 333 & 359 Seapuit Road Barnstable (Osterville) Mass”
by Sullivan Engineering & Consulting, Inc., dated November 1, 2023 with a last revision date of
December 17, 2024.
3. No further changes to the apartment unit use located in the golf cart barn 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
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2025-001 - Fix
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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