HomeMy WebLinkAboutSR-2023-009 Wilkins Appeal of BC Decision for 1055 Shootflying Hill Rd CENT
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Appeal No. 2023-009 – Wilkins
Appeal of Building Commissioners Decision
Date: April 27, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Appellant: Russell and Carol Wilkins
1045 Shootflying Hill Road, Centerville, MA
Subject Property: 1055 Shootflying Hill Road, Centerville
Assessor's Map/Parcel: 191/028
Zoning: Residence D-1 (RD-1) and Residence C (RC)
Filed: April 3, 2023 Hearing: May 10, 2023 Decision Due: July 13, 2023
Copy of Notice
Russell and Carol Wilkins, 1045 Shootflying Hill Road, have filed an appeal of an Administrative
Official’s Decision in accordance with M.G.L. Chapter 40A §7 and §15. The Petitioners seek to
overturn the Denial of Request for Enforcement from the Building Division, dated March 3, 2023. In
the Denial of Request for Enforcement Letter, the Local Inspector stated that under §240-128 and
§240-8A(4) Agriculture – agricultural uses under five acres are permitted with some exceptions and
after review and inspection found that no zoning violation exists. The subject property is located at
1055 Shootflying Hill Road, Centerville, MA as shown on Assessor’s Map 191 as Parcel 027. It is
located in the Residence D-1 (RD-1) and Residence C (RC) Zoning Districts.
Appeal
This matter involves an appeal of the Notice of Zoning Ordinance Request for Enforcement denied by
the Building Division, concerning property at 155 Shootflying Hill Road, Centerville, dated March 3,
2023.
The Appellants, residing at 1045 Shootflying Hill Road, allege that the property owner at 1055
Shootflying Hill Road have created a nuisance for the neighborhood with the sight, sound and odor of
goats on the property in violation of Sections 240-2 Purpose, Section 240-3 Interpretation, Section
240-7 Application of District Regs, Section 240-8 Exempt Uses, Section 240-10 Prohibited Uses,
Section 240-11 RB,RD-1 and RF-2 District Regs, and Section 240-128 Definitions, and requested the
Town to prohibit such nuisance generating activities.
According to the Denial Notice, the Building Department states that the enforcement is denied in
accordance with M.G.L. C. 40A Section 7 for the following reasons: under Chapter 240-128 and 240-
8 A. (4) Agriculture - that agriculture uses less than five acres are permitted with some exceptions
and after careful review and consideration, the Department has determined that no zoning violation
exists.
Background
The subject property is a 0.73 acre parcel addressed as 1055 Shootflying Hill Road, Centerville which
contains a 3-bedroom single family dwelling of 2,962 square feet (5,182 gross square feet) built in
1974.
Section 240-8 Exempt uses.
A. The following uses and structures are permitted in all zoning districts:
Zoning Board of Appeals – Planning and Development Department Staff Report
Appeal No. 2023-009 - Wilkins
2
(4) Agriculture, horticulture, viticulture, aquaculture and/or floriculture on a parcel of land five acres or
less in size shall be permitted subject to the following requirements in residential districts:
(a) Seasonal garden stands for the sale of seasonal fruits, flowers and vegetables shall be
permitted, only for the sale of produce grown on the premises.
(b) No person shall be employed on the premises.
(c) No more than one temporary, on-premises sign may be erected, not to exceed two square
feet, to be removed during the off season.
Procedural Review
This appeal was filed with the Town Clerk’s office and the Planning and Development Department,
Zoning Board of Appeals Office on April 3, 2023. The Notice of Zoning Ordinance Request for
Enforcement is dated March 3, 2023.
Findings
The Board shall make findings when either voting to uphold or overrule the Building Commissioner’s
determination. It is the Board’s responsibility to determine if the Building Commissioner properly
determined that the use does not violate the Zoning Ordinance.
Should the Board wish to uphold the Building Commissioner’s decision to deny the request for
enforcement, the Board should consider the following finding:
1. The Board affirms the Building Commissioner’s finding that the agricultural use (goats) at the
property of 1155 Shootflying Hill Road, Centerville is not a violation of Section 240 -128 and
240-8 A. (4) .
Should the Board wish to overrule the Building Commissioner’s Decision to deny the request for
enforcement, below is a draft finding for the Board’s potential consideration.
1. The Board finds that agricultural use (goats) violates Section 240-128 and 240-8 A. (4).
Procedural Information
Upon making findings, the Board may choose to vote to:
Uphold the Building Commissioner’s denial of enforcement action; or
Overrule the Building Commissioner’s denial of enforcement action,
A vote of 4 members of the Board is required to overrule the Building Commissioner’s decision.
CC: Appellants
Attachments: Notice dated March 3, 2023
Appeal dated April 3, 2023