SR-2023-002 Centerville Gardens II Cell Tower 1060 Falmouth Rd HY Modification SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2023-002 – Centerville Gardens II, LLC
Section 240-125 C. Special Permit Provisions
M.G.L. Chapter 40A
To modify Special Permit No. 2012-007 Condition No. 5 to allow commercial activity on the
portion of the site located within RD-1 Zoning District
Date: January 24, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Centerville Gardens II, LLC
Property Owner: c/o Keller W. Inc.
Property Location: 36 Wequaquet Lane, Centerville and 1060 Falmouth Road,
Hyannis, MA
Assessor's Map/Parcel: 250/023-T00 and 023-H00
Zoning: Residence D-1 (RD-1) and Highway Business (HB) Zoning District
Filed: January 3, 2023 Hearing: February 8, 2023 Decision Due: April 13, 2023
Copy of Public Notice
Centerville Gardens II, LLC has applied for a modification of Special Permit 2012-007 Condition No.
5, pursuant to Section 240-125 C. and MGL Ch. 40A. The Applicant seeks to allow commercial
activity and associated site improvements within the portion of the site located within the RD-1
Zoning District. The subject properties are located at 36 Wequaquet Lane, Centerville, and 1060
Falmouth Road, Hyannis, as shown on Assessor’s Map 250 as Parcels 023-T00 and 023-H00,
respectively. The parcels are located in the Residence D-1 (RD-1) and Highway Business (HB)
Zoning Districts, respectively.
Background
The property addressed as 36 Wequaquet Lane is a vacant 1.27 acre lot with frontage on
Wequaquet Lane, Centerville. The property addressed as 1060 Falmouth Road is a 1.61 acre lot
with frontage on Falmouth Road, Hyannis, and contains a 10,000 square foot commercial building
constructed in 2012.
In March, 2012, Centerville Gardens II was granted Special Permit No. 2012-007 to allow a dental
office by Conditional Use Special Permit. Condition No. 5 states:
All commercial activity and associated site improvements shall remain on the portion of the
property zoned HB. The residentially-zoned portion of the property shall remain undeveloped
and in a natural state, with the exception of the temporary construction drive. No parking of
vehicles or storage shall be permitted on the residentially-zoned property. Clearing of mature
vegetation on the residentially-zoned property is prohibited, other than that which is required to
construct the temporary construction drive.
Proposal & Relief Requested
Centerville Gardens II, LLC has applied for a modification of Special Permit 2012-007 Condition No.
5, pursuant to Section 240-125 C. and MGL Ch. 40A. The Applicant seeks to allow commercial
activity and associated site improvements within the portion of the site located within the RD-1
Zoning District. The subject properties are located at 36 Wequaquet Lane, Centerville, and 1060
Falmouth Road, Hyannis.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2023-002 Centerville Gardens II, LLC
2
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.
2. Site Plan Review is not required for single family residential dwellings.
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. 2023-002, it may wish to consider the
following conditions:
1. Special Permit No. 2023-002, a request to modify Special Permit 2012-007 Condition No. 5,
pursuant to Section 240-125 C. and MGL Ch. 40A. The Applicant seeks to allow commercial
activity and associated site improvements within the portion of the site located within the RD-
1 Zoning District. The subject properties are located at 36 Wequaquet Lane, Centerville, and
1060 Falmouth Road, Hyannis.
2. The site development shall be constructed in substantial conformance with the plan entitled
“875052 Barnstable 36 Wequaquet Lane Centerville and 1060 Falmouth Road, Hyannis
Barnstable County Site No. 875052” by EG Advanced Engineering Group, P.C. sheet T-1,
C-1, A-1 thru A-7, EC-1, L-1, L-2 with a last revision date of August 29, 2022.
3. The above-described development shall represent full build-out of the lots. No further
additions or accessory structures shall be permitted without approval from the Board.
4. Condition No. 5 in Special Permit 2012-007 is hereby amended to will now read:
Except for the addition of the tower project as depicted on the plan set entitled “875052
Barnstable, 36 Wequaquet Lane, Centerville, MA 02632, Barnstable County and 1060
Falmouth Road, Hyannis, MA 02632, Barnstable County”, prepared for Crown Castle, Inc.
and drawn and stamped by Advanced Engineering Group, P.C. dated October 14, 2021 with
a last revision date of August 29, 2022 (the Project”) as submitted with the application to
amend Special Permit 2012-007, all commercial activity and associated site improvements
shall remain on the portion of the property zoned Highway Business (HB). The Project is
hereby allowed on both portions of the property – zoned HB and Residential (RD-1). The
residentially-zoned portion of the property shall remain undeveloped and in a natural state,
with the exception of the temporary construction drive and the development of the Project.
Other than as required for the Project, no parking of vehicles or storage shall be permitted
on the residentially-zoned property. Clearing of mature vegetation on the residentially-zoned
property is prohibited, other than that which is required for the Project and to construct the
temporary construction drive. All other Conditions from Special Permit No. 2012-007 remain
in full force and effect.
5. All conditions set forth in the Cape Cod Commission Development of Regional Impact
Decision recorded at the Registry of Deeds Book 35540 Page 73 are hereby incorporated
into this Decision.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2023-002 Centerville Gardens II, LLC
3
6. 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 issuance building permit. The rights authorized by this special
permit must be exercised within two years, unless extended.
Copies: Applicant (Attorney Ed Pare)
Attachments: Application
Site Plan
Copy of Special Permit 2012-007