Zoning Board of Appeals 09-28-2022

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Call to Order 00:02:28

Introduction of Board Members


Notice of Recording 00:02:56

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.


Minutes 00:03:09


Discussion and Vote 00:03:13


Request for Minor Modification Cotuit Residences – Comprehensive Permit No. 2005-100 00:03:29

In 2007, Comprehensive Permit No. 2005-100 was granted for Five (5) units of multi-family housing on 2.38 acres. In a letter dated August 26, 2022, Attorney Patrick Nickerson, representing the Condo Association, requested a minor modification of Comprehensive Permit # 2005-100 so that the responsibility for maintenance of the existing landscaping is transferred from the Town to the Trust, and so that the Trust may make changes and improvements to the landscaping and its aesthetics By permitting this minor modification to the Comprehensive Permit, the Trust will be empowered to make changes, improvements, and maintenance to the landscaping and aesthetics. The Town will also be relieved of its obligation to maintain the existing landscaping. *Item continued to October 26th Meeting


Old Business 00:04:14


1. Appeal No. 2022-037 - MWV Associates LLC 00:04:18

(Appeal No. 2022-037) MWV Associates LLC has petitioned for a Variance from Section 240- 24.1.8 C. Dimensional, bulk and other requirements in the HG Hyannis Gateway Zoning District. The Petitioner seeks a variance from the minimum bulk regulations to clarify parcel records and Assessing division lines pursuant to the plan prepared by Down Cape Engineering. The subject property is located at 195 Ridgewood Avenue, Hyannis, MA as shown on Assessor’s Map 328 as Parcel 073. It is located in the Hyannis Gateway (HG) Zoning District. Continued from August 10, 2022, August 24, 2022, September 14, 2022.


2. Appeal No. 2022-045 - MWV Associates LLC 00:05:00

MWV Associates LLC has petitioned for a Variance from Section 240- 24.1.8 C. Dimensional, bulk and other requirements in the HG Hyannis Gateway Zoning District. The Petitioner seeks a variance from the minimum bulk regulations to clarify parcel records and Assessing division lines pursuant to the plan prepared by Down Cape Engineering. The subject property is located at 313 Iyannough Rd, Hyannis, MA as shown on Assessor’s Map 328 as Parcel 235. It is located in the Hyannis Gateway (HG) Zoning District. Continued from September 14, 2022


New Business 00:23:17


1. Appeal No. 2022-046 - 30 Crosby Circle Realty Trust 00:23:19

Mark A. Crosby and Scott E. Crosby, Trustees of 30 Crosby Circle Realty Trust, have applied for a Special Permit pursuant to Section 240-91 (H)(3) Developed Lot Protection, Nonconforming Lot. The Applicants propose to demolish the existing 3,004 square foot dwelling and construct a new 2,281 dwelling with attached garage in accordance with the plans prepared by Sullivan Engineering and K. Marshall Works on a lot containing less than 10,000 square feet of upland. The subject property is located at 30 Crosby Circle, Osterville, MA as shown on Assessor’s Map 116 Parcel 022. It is located in Residence C (RC) Zoning District.


2. Appeal No. 2022-047 - Star Market 00:44:45

TRT Hyannis LLC/Star Market Company, Inc has filed an appeal of an Administrative Official’s Decision in accordance with Section 240-125B(1)(a). The Building Commissioner issued a Cease & Desist Order on August 1, 2022. The violation states the refrigeration trailer parked at a loading dock on the side of the building has been used over an extended period of time to provide additional storage for the operation of the store, which is an expansion of use and as such it must be presented to Site Plan Review for approval pursuant to Section 240-100C. The subject property is located at 625 West Main Street, Hyannis, MA as shown on Assessors Map 248 as Parcel 076. It is located in the Highway Business (HB) Zoning District.


3. Appeal No. 2022-048 - Pigott 01:37:30

William T. Pigott and Prudence A. Pigott have applied for a Special Permit pursuant to Section 240-91.H(3) – Developed Lot Protection, Nonconforming Lot. The Applicants are seeking to demolish an existing 4,132 square foot single-family dwelling and construct a 3,321 square foot single-family dwelling on a lot containing less than 10,000 square feet of upland in accordance with plans prepared by James Phillip Golden Architect and Down Cape Engineering. The property is located at 95 Sunset Lane, Barnstable, MA as shown on Assessor’s Map 301 as Parcel 027. It is located in the Residence B (RB) Zoning District.


Correspondence 02:23:15


Matters Not Reasonably Anticipated by the Chair 02:23:17


Upcoming Hearings 02:23:29

October 12, 2022, October 26, 2022, November 9, 2022, December 7, 2022


Adjournment 02:24:43


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