SR-2022-051 Race Mill Realty Trust 1437 Race Lane MM Bulk Variances
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2022-051 – Race Mill Realty Trust
Section 240- 14 E. Bulk Regulations in the RF District
To allow lots 5, 6 and 7 to “un merge” resulting in three buildable lots
Date: October 6, 2022
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: Michael F. Schulz, Trustee
Property Locations: 7 Millrace Rd, 1479 Race Ln, 1465 Race Ln, 1451 Race Ln, 1437
Race Ln, 12 Old Mill Rd, 6 Elmwood Dr, 20 Elmwood Dr,
34 Elmwood Dr, 27 Camelback Rd, 11 Camelback Rd,
Marstons Mills, MA
Assessor's Map/Parcel: 064 as Parcels 071, 072, 073, 074, 075, 076, 077, 094, 095, 096,
and 097
Zoning: Residence F (RF) Zoning District
Filed: September 15, 2022 Hearing: October 26, 2022 Decision Due: December 24, 2022
Copy of Public Notice
Michael F. Schulz, Trustee of Race Mill Realty Trust, has petitioned for a Variance pursuant to
Section 240-14E – Bulk Regulations footnote 2. The Petitioner proposes a subdivision of land
where a parcel has a proposed lot area of 72,600 square feet where 87,120 square feet is
required. The subject properties are addressed as 7 Millrace Rd, 1479 Race Ln, 1465 Race Ln,
1451 Race Ln, 1437 Race Ln, 12 Old Mill Rd, 6 Elmwood Dr, 20 Elmwood Dr, 34 Elmwood Dr, 27
Camelback Rd, 11 Camelback Rd, as shown on Assessor’s Map 064 as Parcels 071, 072, 073,
074, 075, 076, 077, 094, 095, 096, and 097. The lots are located in the Residential F (RF)
Zoning District.
Background
Michael F. Schulz, Trustee of Race Mill Realty Trust, has petitioned for a Variance pursuant to
Section 240-14E – Bulk Regulations footnote 2. The Petitioner proposes a subdivision of land
where a parcel has a proposed lot area of 72,600 square feet where 87,120 square feet is
required. The subject properties are addressed as 7 Millrace Rd, 1479 Race Ln, 1465 Race Ln,
1451 Race Ln, 1437 Race Ln, 12 Old Mill Rd, 6 Elmwood Dr, 20 Elmwood Dr, 34 Elmwood Dr, 27
Camelback Rd, and 11 Camelback Rd, The area is residential in nature with a variety of shaped
lots. The original 11- lot subdivision is shown on Land Court Plan No. 37712-B dated November
28, 1977, and is located between Race Lane, Elmwood Drive, Mill Race Road, and Old Mill Road
in Marstons Mills. The lots have since merged under zoning.
Proposal & Relief Requested
Michael F. Schulz, Trustee of Race Mill Realty Trust, has petitioned for a Variance pursuant to
Section 240-14E – Bulk Regulations footnote 2. The Petitioner proposes a subdivision of land
where a parcel has a proposed lot area of 72,600 square feet where 87,120 square feet is
required. The remaining two parcels meet the lot size requirements. The subject properties are
addressed as 7 Millrace Rd, 1479 Race Ln, 1465 Race Ln, 1451 Race Ln, 1437 Race Ln, 12 Old
Mill Rd, 6 Elmwood Dr, 20 Elmwood Dr, 34 Elmwood Dr, 27 Camelback Rd, 11 Camelback Rd,
Marstons Mills, MA.
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2022-051 – Race Mill Realty Trust
2
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 o r
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 the Variance, it may wish to consider the following conditions:
1. Variance No. 2022-051 from Section 240-14 E. Bulk Regulations, Lot area, in the RF Zoning
District is granted to Michael F. Schulz, Trustee of Race Mill Realty Trust, to allow for relief
from lot area for the propsed subdivision of land where a parcel has a proposed lot area of
72,600 square feet where 87,120 square feet is required. The variance grants relief of 14,520
square feet for the parcel of land proposed ot be subdivided in accordance with the plan
entitled “Proposed Lotting Plan in Marstons Mills, Mass” by Hayes Engineering, Inc, dated
August 2, 2022.
2. The subject properties are addressed as 7 Millrace Rd, 1479 Race Ln, 1465 Race Ln, 1451
Race Ln, 1437 Race Ln, 12 Old Mill Rd, 6 Elmwood Dr, 20 Elmwood Dr, 34 Elmwood Dr, 27
Camelback Rd, 11 Camelback Rd, Marstons Mills, MA.
3. The site development shall be constructed in substantial conformance with the plan entitled
“Proposed Lotting Plan in Marstons Mills, Mass” by Hayes Engineering, Inc, dated August 2,
2022.
4. The above-described development shall represent full build-out of the lots. No further relief
shall be granted for this subdivision without approval from the Board.
5. 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 one year, unless extended.
Copies: Applicants (Attorney Michael Schulz)
Attachments: Application