Zoning Board of Appeals 07-13-2022

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Chapters

Call to Order 00:04:11

Introduction of Board Members


Notice of Recording 00:04:51

Please note that this meeting is recorded and broadcast on Channel 18 and in accordance with MGL Chapter 30A §20. I must inquire whether anyone is taping this meeting and to please make their presence known.


Old Business 00:05:14


Appeal 2022-029 - Leveroni 00:05:16

Maureen Leveroni has applied for a Special Permit pursuant to Section 240.91 (H)(3) Nonconforming Lot and requests a finding under M.G.L. Chapter 40A Section 6 regarding compliance with floor area ratio. The Applicant proposes to demolish two existing single story structures and replace the structures with one, two story structure on the same or smaller footprint. The subject property is located at 14 Beale Way, Barnstable, MA as shown on Assessor’s Map 279 Parcel 014. It is located in Residence F-1 (RF-1) Zoning District. Received request to continue to August 24, 2022


New Business 00:07:18


Appeal 2022-031 - auf der Springe/Carty 00:07:20

Amy auf der Springe and Sean Carty have petitioned for a Variance from Section 240-14 B. (2) which references 240-11 B. (2) (e) Accessory Uses in the RF District. The Petitioners are seeking a variance to install a horse paddock fence 2.4 feet from the front yard setback along Christmas Way rather than the required 15 feet. The subject property is located at 56 Christmas Way, West Barnstable, MA as shown on Assessor’s Map 127 as Parcel 022. It is located in the Residence F (RF) Zoning District.


Executive Session 00:18:40

The Zoning Board of Appeals may vote to enter into an Executive Session under G.L. c. 30A section 21(a)(3), to discuss litigation strategy with respect to threatened litigation by the property owners/applicants O’Neills and Dunbar at 689 and 697 Scudder Avenue, if the Chair declares that an open meeting may have a detrimental effect on the litigating position of the Town.


Appeal 2022-032 - Todd 00:37:41

Gary Todd has petitioned for a Variance from 240-13 E. Bulk Regulations in the RF-1 Zoning District. The Petitioner is seeking a variance from the minimum rear yard setback to allow the construction of a deck 8 feet inch from the rear property line where 15 feet is required. The subject property is located at 7 Nob Hill Road, Barnstable, MA as shown on Assessor’s Map 288 as Parcel 119. It is located in the Residence F-1 (RF-1) Zoning District.


Appeal 2022-033 - Couto’s Realty Investment/Dunkin 00:47:47

Couto’s Realty Investment Co., II LLC has petitioned for a Variance from 240-25 D. Bulk Regulations in the HB District. The Petitioner is seeking a variance from the side yard setback for a proposed drive-thru canopy. The proposed setback is 7.2 feet where 10 feet is required. The subject property is located at 751 West Main Street, Hyannis, MA as shown on Assessor’s Map 249 as Parcel 163. It is located in the Highway Business (HB) Zoning District. *Request to continue to July 27th received


Appeal 2022-034 - Couto’s Realty Investment/Dunkin 00:49:21

Couto’s Realty Investment Co., II LLC has applied for a Special Permit pursuant to Section 240-25 C. Conditional Uses in the HB District. The Applicant is seeking to add a drive-thru to the existing Dunkin Donuts. The subject property is located at 751 West Main Street, Hyannis, MA as shown on Assessor’s Map 249 as Parcel 163. It is located in the Highway Business (HB) Zoning District. *To be re-advertised for July 27, 2022*


Appeal 2021-057 - O’Neill and Dunbar Point LLC 01:21:51

J. Brian O’Neill, Miriam O’Neill, and Dunbar Point LLC have applied for a Special Permit pursuant to Section 240-91 F Merged Lots. The Applicant seeks to relocate the property line between 689 and 697 Scudder Avenue which would result in the cottage to be part of 689 Scudder Avenue. The subject properties are 689 Scudder Ave and 697 Scudder Ave, Hyannis, MA on Assessors Map 287, Parcels 061 and 062. It is located in the Residence F-1 (RF-1) Zoning District. Continued from December 8, 2021 and January 12, 2022, February 23, 2022


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