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Home My WebLink AboutSR-2025-043 Ashley Manor LLC 3660 Main St BARN V Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Variance No. 2025-043 – Ashley Manor LLC Section 240-11 C. (6) (b) (2) Bed and Breakfasts To operate a six bedroom B&B with a max of twelve lodgers where three bedrooms and six lodgers is the maximum Date: January 15, 2026 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant Ashley Manor LLC Property Location: 3660 Main St, Barnstable, MA Assessor's Map/Parcel: 317/021-001 Zoning: Residence F-1 (RF-1) Zoning District Filed: December 22, 2025 Hearing: January 28, 2026 Decision Due: April 2, 2026 Copy of Public Notice Ashley Manor LLC has petitioned for a Variance pursuant to Section 240-11 C. (6) (b) [2] Conditional Uses, Bed and Breakfasts. The Petitioner seeks relief for the maximum number of bedrooms and the maximum number of lodgers permitted in a bed and breakfast. The Petitioner proposes to operate a 6-bedroom bed and breakfast with a maximum of 12 lodgers where 3 bedrooms and 6 lodgers are allowed. The relief was originally granted in 1998 and is requested in the alternative to the Petitioner’s request for modification of the 1998 variance. The subject property is located at 3660 Main Street, Barnstable, MA as shown on Assessor’s Map 317 as Parcel 021-001. It is located in the Residence F-2 (RF-2) Zoning District. Background The subject property is a 1.86 acre parcel on Main St/Rt 6A in Barnstable Village. The property contains two structures: the first dwelling contains 11-bedrooms and 4,519 square feet of living area (7,223 gross) constructed in 1720. The second structure contains 1-bedroom dwelling with 616 square feet of living area (1,596 gross) and constructed in 1935. Section 240-11 C. (6) reads: (a) Intent: It is the intent of this section to allow bed-and-breakfast operations in larger older homes to provide an adaptive reuse for these structures and, in so doing, encourage the maintenance and enhancement of older buildings which are part of the community character. This use will also create low-intensity accommodations for tourist and visitors and enhance the economic climate of the Town. By requiring that the operation is owner occupied and managed, the Town seeks to ensure that the use will be properly managed and well maintained. (b)Bed-and-breakfast, subject to the following conditions: [1] The bed-and-breakfast operation shall be located within an existing, owner-occupied single-family residential dwelling constructed prior to 1970 containing a minimum of four bedrooms as of December 1, 1996. [2] No more than three bedrooms shall be rented for bed-and-breakfast to a total of six guests at any one time. For the purpose of this section, children under the age of 12 years shall not be considered in the total number of guests. Town of Barnstable Planning and Development Department Staff Report Variance 2025-043 – Ashley Manor LLC 2 [3] No cooking facilities including but not limited to stoves, microwave ovens, toaster ovens and hot plates shall be available to guests, and no meals except breakfast shall be served to guests. [4] The owner of the property shall be responsible for the operation of the property and shall be resident when the bed-and-breakfast is in operation. The owner shall file an affidavit with the Building Commissioner on an annual basis in the month of January stating that the property is the principal residence of the owner and that the owner is resident all times that the bed-and-breakfast is being operated. If the affidavit is not filed, the operation shall cease forthwith and any special permit issued shall be considered null and void. The requirement for filing of an affidavit shall not apply to bed-and-breakfast operations legally established prior to October 1, 1996. [5] The single-family residence in which the bed-and-breakfast operation is located shall be maintained so that the appearance of the building and grounds remain that of a single- family residence. [6] If the property is not served by public water, the applicant shall provide evidence to the Zoning Board of Appeals that the proposed use will not have any detrimental impact on any private water supply on site or off site. [7] No parking shall be located in any required building yard setback, and parking areas shall be screened from adjoining residential properties by a fence or dense plantings, not less than five feet in height. Parking areas may be permitted in front of the house, not within the required building front yard setback, provided that the Zoning Board of Appeals finds that the spaces are designed and located in a manner which retains the residential character of the property. Grass overflow areas may be utilized for parking, provided these are maintained with a grass ground cover in good condition. [8] The special permit for the bed-and-breakfast conditional use operation shall be issued to the owner only and is not transferable to a subsequent property owner. This provision shall only apply to bed-and-breakfast conditional use operations established in residential districts. The Ashley Manor has the benefit of the following Zoning Board of Appeals approvals: Appeal No. 1998-61 B Special Permit for Bed & Breakfast Appeal No. 1998-62 B Variance to Maximum number of rooms and lodgers Appeal No. 2001-23 Transfer of Special Permit 1998-61B and Appeal No. 2001-24 Transfer of Variance 1998-62B. Appeal No. 2004-109 Transfer of existing Conditional Use Special Permit No. 1998-61B and Appeal No. 2004-110 transfer of existing Variance 1998-62B Variance No. 2019-067 and Modification of Variance No. 1998-62B for transfer of B&B Special Permit No. 2019-068 and Modification of Special Permit No. 1998-61B for transfer of B&B Proposal & Relief Requested Ashley Manor LLC has petitioned for a Variance pursuant to Section 240-11 C. (6) (b) [2] Conditional Uses, Bed and Breakfasts. The Petitioner seeks relief for the maximum number of bedrooms and the maximum number of lodgers permitted in a bed and breakfast. The Petitioner proposes to operate a 6-bedroom bed and breakfast with a maximum of 12 lodgers where 3 bedrooms and 6 lodgers are allowed. The relief was originally granted in 1998 and is requested in Town of Barnstable Planning and Development Department Staff Report Variance 2025-043 – Ashley Manor LLC 3 the alternative to the Petitioner’s request for modification of the 1998 variance. The subject property is located at 3660 Main Street, Barnstable. 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. 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 Variance No. 2025-043, pursuant to Section 240-11 C. (6) (b) [2] Conditional Uses, Bed and Breakfasts. The Petitioner seeks relief for the maximum number of bedrooms and the maximum number of lodgers permitted in a bed and breakfast. The Petitioner proposes to operate a 6-bedroom bed and breakfast with a maximum of 12 lodgers where 3 bedrooms and 6 lodgers are allowed. The relief was originally granted in 1998 and is requested in the alternative to the Petitioner’s request for modification of the 1998 variance at 3660 Main Street, Barnstable, MA it may wish to consider the following conditions: 1. Variance No. 2025-043 is granted to Ashley Manor LLC pursuant to Section 240-11 C. (6) (b) [2] Conditional Uses, Bed and Breakfasts to operate a 6-bedroom bed and breakfast with a maximum of 12 lodgers where 3 bedrooms and 6 lodgers are allowed. The relief was originally granted in 1998 and is requested in the alternative to the Petitioner’s request for modification of the 1998 variance at 3660 Main Street, Barnstable. 2. The site development shall be constructed in substantial conformance with the plan entitled “Existing Conditions Site Plan” by Down Cape Engineering Inc dated June 26, 2025 with a revision date of December 15, 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 Town of Barnstable Planning and Development Department Staff Report Variance 2025-043 – Ashley Manor LLC 4 Division prior to issuance of a building permit. The rights authorized by this Variance must be exercised within one year, unless extended. Copies: Applicant (Attorney Patrick Nickerson) Attachments: Application Plans