Zoning Board of Appeals 02-28-2024

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Chapters

Call to Order 00:00:59

Introduction of Board Members


Notice of Recording 00:01:55


Minutes - December 6, 2023 and January 10, 2024 00:02:17


Old Business 00:02:46


Appeal No. 2023-014 - Ernest J. Jaxtimer 00:02:52

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, September 13, 2023, November 8, 2023 and January 24, 2024.


Appeal No. 2023-039 - Baird 00:07:31

Daniel and Karen Baird have filed an Appeal of an Administrative Official’s Decision in accordance with 240-125 B. (1)(A) and M.G.L. Chapter 40A Section 8. The Petitioners seek to overturn the Notice of Violation and Order to Cease, Desist, and Abate from the Building Commissioner, dated September 11, 2023. Summary of violations determined by the Building Commissioner include Barnstable Zoning Ordinance Chapter 240 Section 14 A.(1) RF Residential District and Chapter 240 Section 10C Prohibited Uses. Specifically, the use of a trailer/camper as a substitute dwelling unit or for temporary sleeping purposes on a property without a Town of Barnstable Page 2 of 2 2 permitted principal dwelling. The subject property is located at 27 Falcon Road, West Barnstable, MA as on Assessor’s Map 196 as Parcel 032. It is located in the Residence F (RF) Zoning District. Continued from December 6, 2023 and January 24, 2024.


Appeal No. 2023-042 - Baker & Moir, as Appellants 00:09:57

Patricia Baker and David D. Moir, as Appellants, are appealing the issuance of Building Permit BLDR-23-780 issued on November 1, 2023 to EJ Jaxtimer for the construction of a 3,100 sq. ft., 3-bedroom home for Janet Holian, Trustee of Holian Family Realty Tr. The subject property is located at 240 Windswept Way, Osterville, MA and 250 Windswept Way, Osterville, MA as shown on Assessor’s Map 051 as Parcel 012-001 and 012-000, respectively. It is located in the Residence F-1 (RF-1) and the Resource Protection Overlay District (RPOD). Continued from January 24, 2024.


Appeal No. 2023-044 - Alliegro 00:12:50

George and Debra Alliegro have petitioned for a Variance pursuant to Section 240-13 E. RF-1 Bulk Regulations – Minimum Side Yard Setback. The Petitioners seek a variance to construct an unconditioned, screened porch over an existing patio 12.6 feet from the lot line where 15 feet is required. The subject property is located at 202 Sea View Avenue, Osterville, MA as shown on Assessor’s Map 138 as Parcel 014. It is located in the RF-1 Zoning District. Continued from January 10, 2024, January 24, 2024 and February 7, 2024.


Appeal No. 2023-045 - Alliegro 00:13:42

Appeal No. 2023-045 Alliegro George and Debra Alliegro have applied to modify Special Permit No. 2016-018 Modification No. 3 to allow for the construction of a screened porch over an existing patio, which would increase the lot coverage from 16.2% to 18.3%. The subject property is located at 202 Sea View Avenue, Osterville, MA as shown on Assessor’s Map 138 as Parcel 014. It is located in the RF-1 Zoning District. Continued from January 10, 2024, January 24, 2024 and February 7, 2024.


New Business 00:14:52


Appeal No. 2024-001 - Harris 00:14:53

James and Carol Harris have applied for a Special Permit in accordance with Section 240-47.1 Family Apartments. The Applicants are proposing to construct a detached two-car garage with a 785 square foot one-bedroom family apartment above. The proposed garage will comply with all required setbacks. The property is located at 214 Tern Lane, Centerville, MA as shown on Assessors Map 192 as Parcel 029. The property is located in the Residence D-1 (RD-1) Zoning District.


Correspondence 00:26:52


Matters Not Reasonably Anticipated by the Chair 00:26:55


Upcoming Hearings - March 13, 2024, March 27, 2024, April 10, 2024 00:27:01


Adjournment 00:28:00


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