HomeMy WebLinkAboutSR-2025-014 Millan 3821 Falmouth Rd MM SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2025-014 – Millan/The Grove Street Realty Trust
240-24 C. (1) Conditional Uses
To allow Food Service Establishment
Date: May 29, 2025
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant Oscar Millan
Owner: The Grove Street Realty Trust, James Welch Trustee
Property Location: 3821 Falmouth Road, Building 3, Suite A, Marstons Mills, MA
Assessor's Map/Parcel: 057/004
Zoning: Village Business-A (VBA) Zoning District
Filed: May 13, 2025 Hearing: June 11, 2025 Decision Due: August 21, 2025
Copy of Public Notice
Oscar Millan, as tenant, has applied for a Special Permit pursuant to Section 240-24(C)(1)
Conditional Uses in the VB-A Business District and 240-125(C) Special Permit Provisions. The
Applicant seeks to open an ice cream shop also selling prepackaged baked goods. The prior
tenant was a caviar retail shop. There are 103 parking spaces and 7 are required. The subject
property is located at 3821 Falmouth Road, Building 3, Suite A, Marstons Mills, MA as shown on
Assessor’s Map 057 as Parcel 004. It is located in the Village Business A (VB-A) Zoning District.
Background
The subject property is Windmill Square located on Falmouth Road (Route 28) and Putnam Road
in Marstons Mills. The property consists of 2.14 acres with several commercial uses such as
Dunkin Donuts, a nail salon, a tailor, and Domino’s Pizza, and was constructed in 1985.
Previous Zoning Board actions:
Variance No. 1981-08 was granted to allow Business use.
Special Permit No. 1984-46 was granted to allow the operation of an ice cream shop.
Special Permit No. 1993-03 allowed the modification of the 1984 permit to expand and modify the
conditions.
Variance No. 2017-036 was granted to allow apartments.
Proposal & Relief Requested
Oscar Millan, as tenant, has applied for a Special Permit pursuant to Section 240-24(C)(1)
Conditional Uses in the VB-A Business District and 240-125(C) Special Permit Provisions. The
Applicant seeks to open an ice cream shop also selling prepackaged baked goods. The prior
tenant was a caviar retail shop. There are 103 parking spaces and 7 are required. The subject
property is located at 3821 Falmouth Road, Building 3, Suite A, Marstons Mills, MA.
Procedure - NEW
A complete application has been received and as such the Board shall open the hearing by vote of
the Board. The Board shall then assign members and hear the matter before them. If the Board
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2025-014 – Millan/The Grove Street Realty Trust
2
needs additional information the Board may continue this matter to a date certain. Once the Board
has exhausted their review the Board shall motion to close the public hearing. At this time no new
information or public comment is to be accepted by the Board. The Board shall now deliberate
render a decision. When rendering a decision, a motion shall be made to (approve, approve with
conditions, or deny) with the following findings and conditions. The Board shall state findings and
may state or reference proposed conditions. Once findings and conditions are completed, a second
is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote.
Lastly a vote is then called for.
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.
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 issued an approval letter on May 15, 2025.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2025-010, a request to reduce required parking
spaces at 3224 Main Street, Barnstable, MA, it may wish to consider the following conditions:
1. Special Permit No. 2025-014 is granted to Oscar Millan, as tenant, for a Special Permit
pursuant to Section 240-24(C)(1) Conditional Uses in the VB-A Business District and 240-
125(C) Special Permit Provisions to open an ice cream shop also selling prepackaged baked
goods at 3821 Falmouth Road, Building 3, Suite A, Marstons Mills, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Plot Plan at Windmill Square Plaza, 3821 Falmouth Road (Route 28) Marstons Mills, MA” by
JC Engineering, Inc dated April 24, 2025 revised May 9, 2025.
3. The proposed development shall represent full build-out of the lot. Further changes to the lot is
prohibited without prior 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 (Attorney Robert Mills)
Attachments: Application
Plans