Zoning Board of Appeals 03-08-2023

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Call to Order 00:02:22

Introduction of Board Members


Notice of Recording 00:02:53

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 00:03:11

February 8, 2023 Minutes


Old Business 00:03:53


A. Appeal No. 2022-057 - Wentworth 00:03:54

Peri S. Wentworth has applied for a Special Permit in accordance with Section 240-47.2 C. (4) Accessory Dwelling Unit. The Applicant seeks to construct a detached two bedroom Accessory Dwelling Unit which exceeds the allowable “as of right” square footage. The proposed Accessory Dwelling Unit is 1,876 square feet and the “as of right” size is 900 square feet, thereby exceeding the allowable size by 976 square feet. The subject property is located at 16 Walley Court, Hyannis, MA as shown on Assessors Map 324 as Parcel 020. The property is located in the Residence B (RB) Zoning District. Continued from January 25, 2023. Members assigned were Dewey, Webb, Pinard, Johnson, Bodensiek.


B. Appeal No. 2023-001 - Centerville Gardens II, LLC 00:06:45

Centerville Gardens II, LLC has petitioned for a Variance pursuant to Section 240-125 B. (1)(c) and (e) Variances; 240-107 Wireless Requirements; Article IX Site Plan Review; and MGL Ch. 40A. The Petitioner seeks to construct a 110 foot above-ground level (AGL) monopole-style tower with the capacity for at least four wireless communication services providers, together with related amplifiers, cables, fiber, and other associated antenna equipment, to replace the existing tower at 1047 Falmouth Road where 30 feet is the maximum height. 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 D1 (RD-1) and Highway Business (HB) Zoning Districts, respectively. Continued from February 8, 2023. Members assigned were Dewey, Bodensiek, Hansen, Webb, Pinard.


C. Appeal No. 2023-002 - Centerville Gardens II, LLC 00:08:31

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. Continued from February 8, 2023. Members assigned were Dewey, Bodensiek, Hansen, Webb, Pinard.


New Business 00:51:43


A. Appeal No. 2023-005 - TJA Clean Energy 00:51:47

TJA Clean Energy, as lessee, has applied for a Modification Permit pursuant to Section 240-8 A. 3 (b) Modification from Section 24044.2 E. 3. Dimensional Requirements and Section 240-44.2 F. 2. Special Permit Provisions. The Applicant proposes to construct a large-scale ground-mounted Solar Photovoltaic Installation pursuant to Section 240-44.2 E (3) of the Zoning Ordinance. The proposed setback for the solar array is 16 feet from undeveloped land on the westerly side of the property, where 100 feet is required. The subject property is located at 810 Wakeby Road, Marstons Mills, MA as shown on Assessor’s Map 013 as Parcels 004, 005, and 052. It is located in the Residence F (RF) Zoning District.


Correspondence 02:13:06


Matters Not Reasonably Anticipated by the Chair 02:13:42


Upcoming Hearings 02:26:43

March 22, 2023, April 12, 2023, April 26, 2023, and May 10, 2023


Adjournment 02:26:49


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