SR-2023-003 Stone 94 Indian Trail BARN Acc Use SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2023-003 – Stone, Trustee
Section 240-44 A. Accessory Uses by Special Permit
To allow the construction of an accessory building on a lot immediately opposite and across
the roadway from the lot on which the principal use it serves is located
Date: January 24, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Hilary M. Stone, Trustee of the Malpass Trust
Property Address: 94 Indian Trail, Barnstable, MA
Assessor's Map/Parcel: 336/015
Zoning: Residence F-1 (RF-1)
Filed: January 5, 2023 Hearing: February 8, 2023 Decision Due: April 15, 2023
Copy of Public Notice
Hilary M. Stone, Trustee of the Malpass Trust, has applied for a Special Permit pursuant to Section
240-44 A. Accessory Uses Permitted with a Special Permit. The Applicant seeks to construct an
accessory structure (boat barn/garage/greenhouse) on a lot immediately opposite and across the
roadway from the lot on which the principal use it serves is located, with both lots being held in
identical ownership. The subject property is located at 94 Indian Trial, Barnstable, MA as shown on
Assessors Map 336 as parcel 015. It is located in the Residence F-1 (RF-1) Zoning District.
Background
The subject property is a vacant 0.9 acre lot with frontage on Indian Trail and Swallow Hill Drive,
Barnstable. The Applicant’s primary dwelling is located at 75 Indian Trail directly across the street.
The residential neighborhood consists of a variety of sized lots.
Proposal & Relief Requested
Hilary M. Stone, Trustee of the Malpass Trust, has applied for a Special Permit pursuant to Section
240-44 A. Accessory Uses Permitted with a Special Permit. The Applicant seeks to construct an
accessory structure (boat barn/garage/greenhouse) on a lot immediately opposite and across the
roadway from the lot on which the principal use it serves is located, with both lots being held in
identical ownership. The subject property is located at 94 Indian Trial, Barnstable, 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. Section 240-44 A. states In residential zoning districts,
accessory uses and structures on a lot adjoining or immediately opposite and across a
road from the lot on which the principal use it serves is located, provided that both lots are
retained in identical ownership with respect to both fee and no-fee interests.
2. Site Plan Review is not required for single family residential dwellings.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2023-003 Stone
2
3. 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.
Suggested Conditions
Should the Board find to grant the Special Permit No. 2023-003, it may wish to consider the
following conditions:
1. Special Permit No. 2023-003 is granted to Hilary M. Stone, Trustee of the Malpass Trust,
pursuant to Section 240-44 A. Accessory Uses Permitted with a Special Permit to allow the
construction of an accessory structure (boat barn/garage/greenhouse) on a lot immediately
opposite and across the road from the lot on which the principal use it serves is located, with
both lots being held in identical ownership at 94 Indian Trial, Barnstable, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Proposed Building Plot Plan 94 Indian Trail Barnstable (Cummaquid) MA” by Meyer & Sons
dated July 24, 2020.
3. The proposed development shall represent full build-out of the lot. Further alteration or
expansion of the structure or construction of additional accessory structures is prohibited
without prior approval from the Board.
4. All mechanical equipment associated with the structure (air conditioners, electric generators,
etc.) shall be screened from neighboring homes and the public right-of-way.
5. The 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 the 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
Site Plan