SR-2022-014 Brown 250 Smoke Valley Rd OST SPTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No.2022-014 –Brown et al
240-94 B. Expansion of a preexisting nonconforming use
To allow an alteration of a nonconforming use by transferring the cooking facilities from the
boat house to the pool house
Date:March 29, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Applicant:Robin Brown, Trustee of Robin A. Brown Living Trust and Marcia S.
Brown, Trustee of Marcia S. Brown Living Trust
Property Location:250 Smoke Valley Road, Osterville, MA
Assessor's Map/Parcel:097/002
Zoning:Residence F (RF)Zoning District
Filed:March 18, 2022 Hearing:April 13, 2022 Decision Due:June 26, 2022Copy of Public Notice
Robin A. Brown, Trustee of Robin A. Brown Living Trust and Marcia S. Brown, Trustee of Marcia
S. Brown Living Trust, have applied for a Special Permit in accordance with Section 240-94
Nonconforming Use; alteration and expansion of a nonconforming use under 240-94 A. and 240-
94 B. The Applicants are seeking to alter and expand a nonconforming use by transferring the
cooking facilities (kitchen) from the existing boat house to the proposed pool house. The subject
property is located at 250 Smoke Valley Road, Osterville, MA as shown on Assessors Map 097 as
Parcel 002. It is located in the Residence F (RF) Zoning District.
Note: Section 240-94 A is not applicable
Background
The subject property consists of 5.84 acres with frontage on Smoke Valley Road overlooking the
Marstons Mills River in Osterville. According to the Assessors records, the site consists of multiple
structures including a 3-bedroom single family dwelling containing 3,501 square feet (7,496 gross
square feet) constructed in 1978.The site also contains a 2-bedroom ranch style dwelling
containing 877 square feet called the Boathouse, and a 4,031 square foot Pool House.The area
consists of a variety of lot sizes.
Proposal &Relief Requested
The Applicants seek to alter and expand a nonconforming use by transferring the cooking facilities
(kitchen) from the existing boat house to the proposed pool house.
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.Section 240-94 B. allows for a Special Permit.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2022-014 –Brown et al
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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.
Further Section 240-94 B. requires the Board to find that:
4.Any proposed expansion of the use shall conform to the established setbacks for
the zoning district in which it is located, or such greater setbacks as the Zoning
Board of Appeals may require due to the nature of the use and its impact on the
neighborhood and surrounding properties.
5.The proposed use and expansion is on the same lot as occupied by the
nonconforming use on the date it became nonconforming.
6.The proposed new use is not expanded beyond the zoning district in existence on
the date it became nonconforming.
7.At the discretion of the Zoning Board of Appeals, improvements may be required in
order to reduce the impact on the neighborhood and surrounding properties
including but not limited to the following:
(a)Greater conformance of signage to the requirements of Article VII;
(b)The addition of off-street parking and loading facilities;
(c)Improved pedestrian safety, traffic circulation and reduction in the number and/or
width of curb cuts;
(d)Increase of open space or vegetated buffers and screening along adjoining lots
and roadways. The applicant shall demonstrate maximum possible compliance with
§240-53, Landscape Requirements for Parking Lots, Subsection F, if applicable.
(e)Accessory uses or structures to the principal nonconforming use may be required
to be brought into substantial conformance with the present zoning.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2022-014, a request to alter and expand a
nonconforming use by transferring the cooking facilities (kitchen) from the existing boat house to
the proposed pool house at 250 Smoke Valley Road, Osterville, MA,it may wish to consider the
following conditions:
1.Special Permit No.2022-014 is granted to Robin A. Brown, Trustee of Robin A. Brown Living
Trust and Marcia S. Brown, Trustee of Marcia S. Brown Living Trust, for a Special Permit in
accordance with Section 240-94 Nonconforming Use; alteration and expansion of a
nonconforming use under 240-94 B. The approval is for the alteration/expansion of a
nonconforming use by transferring the cooking facilities (kitchen) from the existing boat house
to the proposed pool house at 250 Smoke Valley Road, Osterville, MA.
2.The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan Revised Pool & Guesthouse at 250 Smoke Valley Road Barnstable (Marstons Mills)
Mass” by Sullivan Engineering & Consulting, Inc., dated November 30, 2016 with last revision
date of November 8, 2021.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2022-014 –Brown et al
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3.The proposed alteration of use shall represent full build-out of the lot. No further changes shall
be permitted without 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 (c/o Attorney Michael Schulz)
Attachments:Application
Plans