Zoning Board of Appeals 03-26-2025

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.

Executive Session for the purpose of discussing litigation strategy with respect to the case in the Land Court (24 Misc. 00088) by Arista/Wendy’s LLC, for property at 715 West Main Street, Hyannis, appealing the denial of a special permit to construct a drive-through window at a Wendy’s fast-food restaurant, if the Chair determines that an open session could be detrimental to the Board’s and Town’s litigation position.

Hyannis Series Four, LLC has filed an Appeal of an Administrative Official’s Decision in accordance with 240-11(A)(1) Principal Permitted Uses in the RB, RD-1, and RF-2 Residential Districts. The Appellant seeks to overturn the Order to Cease, Desist, and Abate dated August 2, 2024. In the Notice of Zoning Ordinance Violation letter, the Chief Local Inspector stated that they observed a violation of Chapter 240-11(A)(1), namely, an apartment created on the second floor of a building used as a lodging house. The property is not owner-occupied and is not eligible under Chapter 240-47.1 Family Apartments or Chapter 240-47.2 Accessory Dwelling Units for a second unit as of right. The subject property is located at 48 Greenwood Ave, Hyannis, MA as shown on Assessor’s Map 289 as Parcel 138. It is located in the Residence B (RB) Zoning District. Continued from October 23, 2024.

Thomas C. Cochran III and Sarah S.H. Cochran have applied for a Special Permit pursuant to Section 240-91 H (3) Developed Lot Protection; demolition and rebuilding on non-conforming lots. The Applicants are seeking a Special Permit to allow the demolition of the existing dwelling and construction of a proposed dwelling on a nonconforming lot. The proposed dwelling will comply with all setbacks, lot coverage will be less than 20%, floor area ratio will be less than 30%, and the building height will not exceed 30 feet. The subject property is located at 82 Barnard Road, Osterville, MA as shown on Assessor’s Map 140 as Parcel 192. It is located in the Residence F-1 (RF-1) Zoning District.

• Cape Cod Commission Meeting Agenda for Wychmere Hotel Expansion March 14, 2025, 12:00 pm. • Cape Cod Commission Continued Hearing Notice for Wychmere Hotel Expansion March 27, 2025 at 3:00 pm. • Cape Cod Commission Hearing Notice for Captain Berties Way Housing March 31, 2025 at 5:00 pm. • Cape Cod Commission Proforma Hearing for Captain Berties Housing March 17, 2025 at 10:30 am. • Cape Cod Commission RPP Meeting Agenda for March 19, 2025 at 1:00 pm. • Cape Cod Commission Executive Committee Meeting Agenda March 19th, 2025 at 2:00 pm. • Cape Cod Commission Meeting Agenda for Wychmere Hotel expansion for March 24, 2025 at 10:00 am.