Zoning Board of Appeals 11-08-2023

Show Details

Chapters

Call to Order 00:03:31

Introduction of Board Members


Notice of Recording 00:04:23

This meeting of the Zoning Board of Appeals is being recorded and broadcast on the Town of Barnstable’s Government Access Channel. In accordance with MGL Chapter 30A §20, I must inquire whether anyone is recording this meeting and if so, to please make their presence known.


Minutes 00:04:54

September 27, 2023 and October 11, 2023


Old Business 00:05:38


A. Appeal No. 2023-014 - Jaxtimer 00:05:40

Ernest J. Jaxtimer has filed an Appeal of an Administrative Official’s Decision in accordance with Barnstable Zoning Ordinance Section 240-125 B.(1)(a) and M.G.L. Chapter 40A Section 8 and Section 15. The Petitioner seeks to overturn the Notice of Zoning Ordinance Violation and Order to Cease, Desist, and Abate Immediately from the Building Commissioner, dated May 26, 2023. Summary of violations determined by the Building Commissioner include Barnstable Zoning Ordinances Article II General Provisions Sections 2407 A, 240-10 A; Article III District Regulations Sections 240-14 A (1); Article IX Site Plan Review Sections 240-100 A, 240-101 B, 240-103 B, 240-103 C, 240-103 K, and 240-105 G. The subject properties are located at 1450 Osterville West Barnstable Road as shown on Assessor’s Map 127 as Parcel 007 001, and 1450 Osterville West Barnstable Road #A as shown on Assessor’s Map 127 as Parcel 036. Both properties are located in the Residence F (RF) Zoning District. Continued from July 26, 2023 and September 13, 2023.


B. Appeal No. 2023-010 - Arista Hyannis LLC 00:09:32

Arista Hyannis LLC has applied for a Special Permit in accordance with Section 240-25(B)(22) and 240-25(C)(10) Drive-Through for a proposed restaurant. The Applicant proposes to remodel the former bank building and change the use to a food service establishment with a drive-through. The subject property is located at 715 West Main Street, Hyannis, MA as shown on Assessor’s Map 249 as Parcel 155. It is located in the Highway Business (HB) District. Continued from May 10, 2023 and July 26, 2023 and September 13, 2023. Members assigned: Jacob Dewey, Paul Pinard, Mark Hansen, Aaron Webb, and Herb Bodensiek. **This item is on the agenda for the purpose of another request for a continuance to a date certain**


New Business 00:23:17


A. Appeal 2023-033 - 19 Bearse Rd. LLC & 29 Bearse Rd. LLC 00:24:57

19 Bearse Rd LLC and 29 Bearse Rd LLC have petitioned for a Variance pursuant to Section 240-11(A) Principal Permitted Uses in the RB Residential District; 240-11(E) Bulk and Dimensional Variances; 240-35(F) GP Groundwater Protection Overlay Districts; and to the extent required from 240-21(A)(9)(A-J & E) B, BA, and UB Business Districts. The Petitioners are proposing to demolish and replace the two existing residential dwellings, combine the two parcels, and construct 4 two-family dwellings. The subject properties are located at 19 and 29 Bearse Road, Hyannis, MA as shown on Assessor’s Maps 310 and 311 as Parcels 288 and 039, respectively. They are located in the Residence B (RB) Zoning District.


B. Appeal No. 2023-034 - Bayridge Realty, LLC 02:13:42

Bayridge Realty, LLC has applied for a Comprehensive Permit pursuant to MGL Ch. 40B §20, 21, 22, and 23. The Applicant proposes to construct 14 housing units (24 bedrooms) within 4 detached buildings and associated parking and site improvements on 3.95 acres for rental purposes in accordance with MGL Ch. 40B, 760 CMR. The unit mix shall consist of 6 one-bedroom units, 6 twobedroom units, and 2 three-bedroom units. 4 of the units will be restricted as affordable for low- or moderate-income persons. The subject property is located at 900 Old Stage Road, Centerville, MA as shown on Assessor’s Map 192 as Parcel 001. It is located in the Residence C (RC) Zoning District.


C. Appeal No. 2023-035 - Shepley 03:17:21

Hamilton and Lorraine Shepley have petitioned for a Variance pursuant to Section 240-13(E) RF-1 Residential District Bulk Regulations Minimum Yard Setbacks. The Petitioners seek a variance to construct a 24 ft. by 36 ft. detached garage, which would result in a 10 ft. front yard setback where 30 feet is required. The subject property is located at 21 Forest Street, Hyannis, MA as shown on Assessor’s Map 266 as Parcel 006 002. It is located in the Residence B (RB) and the Residence F-1 (RF-1) Zoning Districts.


D. Appeal No. 2023-036 - Ganey 03:42:41

John and Elizabeth Ganey have applied for a Special Permit pursuant to 240-94(B) Nonconforming Buildings or Structures Used as a Single- and Two-Family Residence. The Applicants propose to demolish the existing 1-bedroom cottage and patio containing approximately 800 sq. ft. and construct a new cottage and deck containing approximately 918 sq. ft. The subject property is located at 251 Bay Lane, Centerville, MA, as shown on Assessor’s Map 166 as Parcel 057. It is located in the Residence D-1 (RD-1) Zoning Districts.


Correspondence 03:44:35

The Commonwealth of MA Energy Facilities Siting Board sent a Notice of Adjudication and Public Comment Hearing regarding Eversource’s proposal to modify electric infrastructure. The Cape Cod Commission sent a cancellation notice for their regularly scheduled meeting on November 9, 2023.


Matters Not Reasonably Anticipated by the Chair 03:44:55


Upcoming Hearings - December 6, 2023, January 10, 2024, January 24, 2024 03:45:11


Adjournment 03:51:45


Upcoming air times

There are currently no upcoming air times.