Call To Order - Introduction of Board Members
00:58Minutes - December 11, 2024, February 26, 2025, March 12, 2025
01:14Notice of Recording
02:12This 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.
(Old Business) - Appeal No. 2025-006 - Clark
02:56James D. Clark and Christine D. Clark have appealed an Administrative Officials Decision. The Petitioners are appealing the Notice of Zoning Ordinance request for enforcement denial dated January 24, 2025 under M.G.L. Chapter 40A Section 7. The Petitioners submit that the decision of the administrative official dated January 24, 2025 was in error as the structure was erected at 968 Main Street is not a “pole supported by wires/ropes and burlap” but was constructed by 4 x 4 lumber cemented into the earth extending approximately 20 feet into the air directly on the common property line draped with burlap which encroaches at 978 Main Street. The subject property is located at 978 Main Street, Cotuit, MA as shown on Assessor’s Map 034 as Parcel 032. It is located in the Residence F (RF) Zoning District. Continued from March 26, 2025. Members assigned: Dewey, Bodensiek, Pinard, Hansen, Tavano.
(New Business) - Appeal No. 2025-008 - Noelle
04:15Randolf J. and Barbara G. Noelle have applied for a Special Permit pursuant to Section 240-131.4 (D)(2(a) Change, Expansion, Alteration of structures. The Applicants are seeking to increase the height of the structure from 14.9 feet to 16.28 feet in connection with the demolition and construction of a dwelling in accordance with the plans by Sullivan Engineering & Consulting, Inc and James Phillip Golden Architect. The subject property is located at 34 Short Beach Road, Centerville, MA as shown on Assessor’s Map 206 Parcel 041. It is located in the Craigville Beach District – Long Beach Short Beach (CBD-LBSB) in the District of Critical Planning Concern (DCPC).
(Old Business) - Appeal No. 2024-039 - 25 Falmouth Rd, LLC
06:1825 Falmouth Road LLC has filed an Appeal of an Administrative Official’s Decision in accordance with M.G.L. Chapter 40A Sections 7, 8, and 15 and Section 240-88 of the Barnstable Zoning Ordinance. The Appellant is appealing the Decision of the Building Commissioner in issuing Building Permit BLDC 22-227, dated September 17, 2024. The permit was initially denied pending the receipt of a narrative to explain the expansion of the mechanical bays on the property. The Appellant’s position is that the permit fails to take into account evidence and documentation from the town records and files, which conflict with the determination to issue the Building Permit. The subject property is located at 95 Falmouth Road, Hyannis, MA as shown on Assessor’s Map 311 as Parcel 073. It is located in the Highway Business (HB) and Residence B (RB) Zoning Districts. Continued from November 13, 2024, January 8, 2025, and February 12, 2025. No members assigned.
(Old Business) - Appeal No. 2024-040 - 25 Falmouth Rd, LLC
07:5225 Falmouth Road LLC has filed an Appeal of an Administrative Official’s Decision in accordance with M.G.L. Chapter 40A Sections 7, 8, and 15 and Section 240-88 of the Barnstable Zoning Ordinance. The Appellant is appealing the Decision of the Building Commissioner in a letter dated September 4, 2024. The Appellant believes that the determination fails to take into account evidence and documentation from the town records and files, which conflict with the determination and do not address the concerns raised as set forth in the Appellant’s enforcement letters and correspondence. The subject property is located at 95 Falmouth Road and 123 Falmouth Road, Hyannis, MA as shown on Assessor’s Map 311, Parcels 073 and 078. Lots are located in the Highway Business Town of Barnstable Page 2 of 2 2 (HB) and Residence B (RB) Zoning Districts. Continued from November 13, 2024, January 8, 2025, and February 12, 2025. No members assigned.
(Old Business) - Appeal No. 2024-044 - Sundelin
10:43Richard Sundelin has applied for a Special Permit pursuant to Section 240-94 B. Nonconforming Use. The Applicant seeks relief to codify a preexisting, nonconforming use (auto repair) at the property. The subject property is located at 970 Main Street, West Barnstable, MA, as shown on Assessor’s Map 156 as Parcel 026. It is located in the West Barnstable Village Business District (WBVBD). Continued from January 8, 2025 and February 12, 2025. Members assigned: Dewey, Bodensiek, Hansen, Webb, and Hurwitz. On March 21, 2025, the Applicant’s attorney requested a withdrawal without prejudice.
(New Business) - Appeal No. 2025-007 - Miklosky et al Appeal
12:53Victoria Miklosky, Cynthia Foster, and Mary Curley have filed an Appeal of an Administrative Official’s Decision in accordance with Chapter 240-91 Nonconforming Lot of the Barnstable Zoning Ordinance. The Appellants are appealing the Decision of the Building Commissioner in issuing Building Permit BLDC BLDR-25-14, dated February 7, 2025, issued to Michael Martin and property owned by TL Acquisitions LLC. The Appellants state the Building Permit should not have been issued as the premise is not a valid nonconforming lot under Section 240-91, the premises lack required legal frontage and access in the Private Way, and the project fails to comply with the Zoning Ordinance requirements applicable, including Special Permit. The subject property is located at 933 Main Street, Osterville, MA as shown on Assessor’s Map 117 as Parcel 187. It is located in the Residence C (RC) Zoning District.
Correspondence
16:51Matters Not Reasonably Anticipated by the Chair
17:24Upcoming Hearings - April 23, 2025 (Remote), May 14, 2025 (In Person), and May 28, 2025 (Remote)
17:30Adjournment
17:46