HomeMy WebLinkAboutSR-2026-023 Garthee Trust 123 Old Post Rd CENT V
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Variance No. 2026-023 – Matthew Garthee, Trustee
Section 240-13 Residence C (RC) Bulk Regulations
Request for Variance to re-subdivide lots
Date: August 13, 2026
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicants: Matthew Garathee, Trustee
Property Location: 123 Old Post Road, Centerville, MA
Assessor's Map/Parcel: 209/063-002
Zoning: Residence C (RC) Zoning District
Filed: July 21, 2026 Hearing: August 26, 2026 Decision Due: October 29, 2026
Copy of Public Notice
Matthew Garthee, Trustee of MG123 Fiduciary Trust has petitioned for a Variance pursuant to
Section 240-125 Zoning Board of Appeals; 240-126 Variance Provisions; and 240-13 RC, RD, RF-
1, and RG Residential Districts. The Petitioner proposes the redivision of a lot that merged with an
abutting lot. The redivision would reestablish the same lot lines as prior to the merger, to conform
with an approved 1984 ANR Plan. The subject property is located at 123 Old Post Road,
Centerville, MA, as shown on Assessor’s Map 209 as Parcel 063-002. It is located in the
Residence C (RC) Zoning District.
Background
The subject property is a 0.63-acre vacant parcel located on Old Post Road in Centerville. The
area south of Old Post Road is residential and the area north of Old Post Road is commercial.
Proposal & Relief Requested
Matthew Garthee, Trustee of MG123 Fiduciary Trust has petitioned for a Variance pursuant to
Section 240-125 Zoning Board of Appeals; 240-126 Variance Provisions; and 240-13 RC, RD, RF-
1, and RG Residential Districts. The Petitioner proposes the redivision of a lot that merged with an
abutting lot. The redivision would reestablish the same lot lines as prior to the merger, to conform
with an approved 1984 ANR Plan. The subject property is located at 123 Old Post Road,
Centerville, 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
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 - NEW
Town of Barnstable Planning and Development Department Staff Report
Variance 2026-023 – Garthee
2
New analysis is whether “strict enforcement of the ordinance or by-law would result in practical
difficulty.” ZBA must weigh the benefits to the applicant and to the public interest (which includes
housing production) against the detriment to the public health, safety and welfare of the impacted
neighborhood.
ZBA may consider: (i) whether the practical difficulty relates to soil conditions, shape or
topography of the land or structure; (ii) whether strict enforcement would impose a financial
hardship on the appellant or petitioner; (iii) whether the benefit sought by the petitioner can be
achieved by some other method that is feasible for the petition to achieve; and (iv) whether the
practical difficulty was self -created.
Suggested Variance Conditions
Should the Board find to grant Variance No. 2026-023, pursuant to Section 240-125 Zoning Board
of Appeals; 240-126 Variance Provisions; and 240-13 RC, RD, RF-1, and RG Residential Districts
for the redivision of a lot that merged with an abutting lot. The redivision would reestablish the
same lot lines as prior to the merger, to conform with an approved 1984 ANR Plan. The subject
property is located at 123 Old Post Road, Centerville, MA,, it may wish to consider the following
conditions:
1. Variance No. 2026-023 is granted to Matthew Garthee, Trustee of MG123 Fiduciary Trust,
pursuant to Section 240-125 Zoning Board of Appeals; 240-126 Variance Provisions; and 240-
13 RC, RD, RF-1, and RG Residential Districts for the redivision of a lot that merged with an
abutting lot. The redivision would reestablish the same lot lines as prior to the merger, to
conform with an approved 1984 ANR Plan. The subject property is located at 123 Old Post
Road, Centerville, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Plan of Land in Barnstable (Centerville) MASS” by Baxter & Nye LLC., dated June 12, 1984.
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 Variance must be
exercised within two years, unless extended.
Copies: Applicant (Attorney David Lawler)
Attachments: Application
Plans