HomeMy WebLinkAboutSR-2025-028 Smith 86 Old Farm Road CENT SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2025-028 – Smith
240-44 Accessory Uses Permitted with a Special Permit
To allow construction of an accessory structure on a lot immediately opposite and across the
road from the principal use it serves
Date: September 25, 2025
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant Michael D. Smith and Christina D. Smith
Property Location: 86 Old Farm Road, Centerville, MA
Assessor's Map/Parcel: 251/005
Zoning: Residence D-1 (RD-1) Zoning District
Filed: September 11, 2025 Hearing: October 8, 2025 Decision Due: December 20, 2025
Copy of Public Notice
Michael D. and Christina D. Smith have applied for a Special Permit pursuant to Section 240-44
Accessory Uses Permitted with Special Permit. The Applicants seek to construct an accessory
structure on a lot immediately opposite and across the road from the lot on which the principal use
it serves. The subject property is located at 86 Old Farm Road, Centerville MA as shown on
Assessor’s Map 251 as parcel 005. It is located in the Residence D-1 (RD-1) Zoning District.
Background
The subject property is 0.4 acres of vacant land with frontage on Old Farm Road and is directly
across the road from the property under the same ownership.
Section 240-44 Accessory uses permitted with special permit.
The following accessory uses are permitted, provided that a special permit is first obtained from the
Board of Appeals:
A. In residential zoning districts, accessory uses and structures on a lot adjoining or
immediately opposite and across a road from the lot on which the principal use it serves is
located, provided that both lots are retained in identical ownership with respect to both fee
and nonfee interests.
B. Uses accessory to permitted scientific research or scientific development or related
production only if the Board finds that such accessory use does not substantially derogate
from the public good. Such accessory use need not be located on the same lot as the
principal use it serves.
C. Other accessory uses requiring special permit authorization are provided for within the
various zoning districts established herein.
Proposal & Relief Requested
Michael D. and Christina D. Smith have applied for a Special Permit pursuant to Section 240-44
Accessory Uses Permitted with Special Permit. The Applicants seek to construct an accessory
structure on a lot immediately opposite and across the road from the lot on which the principal use
it serves. The subject property is located at 86 Old Farm Road, Centerville MA as shown on
Assessor’s Map 251 as parcel 005. It is located in the Residence D-1 (RD-1) Zoning District.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2025-028 – Smith
2
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
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 is not required for this proposed use.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2025-028, a request to construct an accessory
structure on a lot immediately opposite and across the road from the lot on which the principal use
it serves at 86 Old Farm Road, Centerville MA, it may wish to consider the following conditions:
1. Special Permit No. 2025-028 is granted to Michael D. and Christina D. Smith, pursuant to
Section 240-44 Accessory Uses Permitted with Special Permit, to construct an accessory
structure on a lot immediately opposite and across the road from the lot on which the principal
use it serves at 86 Old Farm Road, Centerville MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan Proposed Improvements at 86 Old Farm Road Barnstable (Centerville) Mass” by
Sullivan Engineering & Consulting Inc dated September 10, 2025.
3. The proposed development shall represent full build-out of the lot. Further changes to the lot
shall be 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 Michael Schulz)
Attachments: Application
Plans