HomeMy WebLinkAboutSR-2025-024 Egan Capital LLC 40 Richardson Road CENT Variance
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Variance No. 2025-024 – Egan Capital LLC
Section 240-13 E. Bulk Regulations for RC District and Note 2 (RPOD) and
Section 240-26 F. Bulk Regulations for HO District
To separate a portion of the rear of the property in connection with a neighboring affordable
housing development. The existing single family dwelling and shed will remain.
Date: September 25, 2025
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: Egan Capital LLC
Property Location: 40 Richardson Road, Centerville, MA
Assessor's Map/Parcel: 210/134-003
Zoning: Residence C (RC) and Highway Office (HO)
Filed: August 22, 2025 Hearing: September 8, 2025 Decision Due: October 30, 2025
Copy of Public Notice
Egan Capital LLC has petitioned for a Variance pursuant to Section 240-13 E. Bulk Regulations for
the RC District and Section 240-26 F. Bulk Regulations for the HO District. The Petitioner seeks to
separate off a triangular portion of 18,414 square feet at the rear of the property to utilize in
connection with a neighboring affordable housing redevelopment project. The remaining property
will total 39,805 square feet. The existing single-family dwelling and shed will remain on the
portion of land with sole access from Richardson Road. The subject property is located at 40
Richardson Road, Centerville, MA as shown on Assessor’s Map 210 as Parcel 134-003. It is
located in the Residence C (RC) and the Highway Office (HO) Zoning Districts and the Resource
Protection Overlay District (RPOD).
Background
The subject property is oddly shaped and addressed as 40 Richardson Road, Centerville is a 1.34-
acre parcel containing a 3-bedroom single family dwelling of 1,366 square feet of living area (2,512
gross) and constructed in 1996. The area is a combination of lot sizes and both residential and
commercial uses.
Proposal & Relief Requested
Egan Capital LLC has petitioned for a Variance pursuant to Section 240-13 E. Bulk Regulations for
the RC District and Section 240-26 F. Bulk Regulations for the HO District. The Petitioner seeks to
separate off a triangular portion of 18,414 square feet at the rear of the property to utilize in
connection with a neighboring affordable housing redevelopment project. The remaining property
will total 39,805 square feet. The existing single-family dwelling and shed will remain on the
portion of land with sole access from Richardson Road. The subject property is located at 40
Richardson Road, Centerville, MA. This Variance petition is part of the Great Marsh Development
LLC Comprehensive Permit No. 2025-025.
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
Town of Barnstable Planning and Development Department Staff Report
Variance No2025-024 – Egan Capital LLC
2
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.
Variance Findings
The statutory requirement of MGL Chapter 40A, Section 10 for granting a Variance is a three-
prong test. The Board is required to find that each of the following three requirements has been
met in order to consider granting the variance:
1. owing to circumstances related to soil conditions, shape, or topography of such land or
structures and especially affecting such land or structures but not affecting generally the
zoning district in which it is located;
2. a literal enforcement of the provisions of the zoning ordinance would involve substantial
hardship, financial or otherwise to the petitioner; and
3. desirable relief may be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the zoning ordinance.
An application for a Variance that has met all three requirements “does not confer … any legal right
to a Variance.” The Board still has the discretionary power to grant or not to grant the Variance.
Suggested Variance Conditions
Should the Board find to grant the Variance, it may wish to consider the following conditions:
1. Variance No. 2025-024, pursuant to Section 240-13 E. Bulk Regulations for the RC District
and Section 240-26 F. Bulk Regulations for the HO District to separate off a triangular
portion of 18,414 square feet at the rear of the property to utilize in connection with a
neighboring affordable housing redevelopment project. The remaining property will total
39,805 square feet. The existing single-family dwelling and shed will remain on the portion
of land with sole access from Richardson Road at 40 Richardson Road, Centerville, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Preliminary ANR Plan” by Baxter Nye Engineering & Surveying dated January 9, 2025
with a last revision date of August 21, 2025.
3. The proposed development shall represent full build-out of the lot. Further construction of
additional accessory structures is prohibited without prior approval from the Board.
4. All mechanical equipment associated with the dwelling (air conditioners, electric generators,
etc.) shall be screened from neighboring homes and the public right-of-way.
5. The 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 the issuance of a building permit. The rights authorized by this
variance must be exercised within one year, unless extended.
Copies: Applicant (Attorney Singer)
Attachments: Application
Plans