SR-2022-027 Tomkinson Trust 381 Old Falmouth Rd No 7 MM Mod SPStaff Report
Special Permit Application No.2022-027 –Tomkinson
Modification of Special Permit 2005-073
To modify Condition No. 1 to allow the transfer of business ownership
Date:May 13, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Owner:Tomkinson Trust
Applicant:Scott Greenberg
Property Address:381 Old Falmouth Road, Unit 7, Marstons Mills, MA
Assessor's Map/Parcel:123/003
Zoning:Residence F (RF)
Filed:April 27, 2022 Hearing:May 25, 2022 Decision Due: August 5, 2022
Copy of Public Notice
Tomkinson Trust has applied for a modification to Condition No. 1 in Special Permit No. 2005-
073 to allow the transfer of business ownership from the current owner, Theodore Hedderig, to
Scott Greenberg. No other changes are proposed. The subject property is located at 381 Old
Falmouth Road, Unit No. 7, Marstons Mills, MA, as shown on Assessor’s Map 123 as Parcel
003. It is located in the Residence F (RF) Zoning District.
Background
As to background, the subject locus is a 7.64-acre site developed with a 68,000 sq.ft. one-story
commercial warehouse building housing 40 industrial/commercial condominium units, a fenced-
in outdoor storage area, and 174 on-site parking spaces. Development of the site was originally
authorized by Special Permit 1986-46 for a change in a nonconforming use. That prior use
being a sand and gravel pit that apparently also contained some buildings that were used for
various construction trades and storage.The 1986 Special Permit intended to permit the site to
be used for tradesman in the construction industry.Special Permit 2005-073 modified Condition
No. 1 of Special Permit 1998-32 to allow the transfer of the permit to a new owner.
Relief Requested
Tomkinson Trust has applied for a modification to Condition No. 1 in Special Permit No.2005-
073 to allow the transfer of business ownership from the current owner, Theodore Hedderig, to
Scott Greenberg. No other changes are proposed. The subject property is located at 381 Old
Falmouth Road, Unit No. 7, Marstons Mills, MA.
Proposed 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.
Town of Barnstable
Planning and Development Department
Town of Barnstable Planning and Development Staff Report
Special Permit No. 2022-027 -Greenberg
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.Site Plan Review was not
required for this proposed modification.
Suggested Conditions
Should the Board find to grant the Special Permit No. 2022-027,the new Condition No. 1 shall
read as:
1.This Special Permit is issued only to Scott Greenberg, for auto repair, at Unit #7, 381
Old Falmouth Road and is not transferable to anyone else or to any other unit. Upon
vacating of the unit this Special Permit shall expire.
2.All other conditions from Special Permit No. 2005-073 shall remain in full force and
effect.
Copies:Applicant (c/o Attorney David Lawler)
Attachments:Application
Site Plan