Zoning Board of Appeals 03-27-2024

Chapters

Call to Order 00:02:38

Introduction of Board Members


Notice of Recording 00:03:13

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 - January 24, 2024 & February 7, 2024 00:03:31


Old Business 00:04:53


Appeal No. 2023-042 - Baker & Moir, as Appellants 00:04:54

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 and February 28, 2024.


Appeal No. 2023-044 - Alliegro 00:11:33

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, February 7, 2024, February 28, 2024, and March 13, 2024.


Appeal No. 2023-045 - Alliegro 00:26:52

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, February 7, 2024, February 28, 2024, and March 13, 2024.


New Business 00:34:18


Appeal No. 2024-006 - 518-556 Yarmouth Road LLC 00:34:19

518-556 Yarmouth Road LLC has 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 Appellant seeks to overturn the Notice of Violation and Order to Cease, Desist, and Abate from the Building Commissioner, dated January 19, 2024. The violation determined by the Building Commissioner is of the Barnstable Zoning Ordinance Chapter 240 Section 61 C Prohibited Signs. Specifically, the recent building construction includes a functioning lighting provision serving to outline portions of the building. The subject property is located at 556 Yarmouth Road, Hyannis, MA as shown on Assessor’s Map 344 as Parcel 076-001. It is located in the Business (B) Zoning District.


Appeal No. 2024-007 - Lion LLC 01:36:26

Lion LLC has applied for a Special Permit pursuant to Section 240-57 Circumstances Warranting Reduction of Requirements, to the extent necessary. The Applicant proposes to add 18 additional seats to their existing restaurant and has been advised at Site Plan Review by the Building Commissioner that the proposed new off-street parking area, consisting of 12 spaces being leased from the Airport, requires a Special Permit. The Applicant suggests that the Board could alternatively find that the proposed additional offstreet parking is a permitted use under Section 240-51 A and zoning relief would not be required. The subject property is located at 15 Hinckley Road, Hyannis, MA as shown on Assessor’s Map 311 as Parcel 020. It is located in the Business (B) Zoning District.


Appeal No. 2024-008 - 19 Bearse Rd LLC & 29 Bearse Rd LLC 01:56:20


Discussion: Board Discussion and Possible Approval of Revised Rules and Regulations Regarding Requests for Withdrawals and Continuances 02:07:00


Upcoming Hearings - April 10, 2024, April 24, 2024, May 8, 2024 02:12:41


Correspondence - Notification Transmittal for Preliminary Subdivision Plan Application Scheduled to be Heard by Planning Board on April 8, 2024 02:12:55


Adjournment 02:13:35



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