Zoning Board of Appeals 04-23-2025

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, originally appealing the denial of a special permit to construct a drive-through window at a Wendy’s fast-food restaurant, then appealing the grant of the special permit with conditions upon remand order by the Land Court, and the filing of a complaint for contempt against the ZBA for the remand special permit conditions, if the Chair determines that an open session could be detrimental to the Board’s and Town’s litigation position.

James 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 and April 9, 2025. Members assigned: Dewey, Bodensiek, Pinard, Hansen, Tavano.

1185 Falmouth Road LLC et al has applied for a Special Permit pursuant to Section 240-57 Circumstances Warranting Reduction of Parking Requirements. The Applicant is seeking relief from the parking requirements to convert 2 existing parking spaces into an outdoor patio for The Buttercup Café. There are 14 existing parking spaces on the property, and 413 parking spaces located within 300 feet of the property. The required parking under the ordinance is 35 parking spaces. The subject property is located at 3224 Main Street, Barnstable, MA as shown on Assessor’s Map 299 as Parcel 029. It is located in the Village Business A (VB-A) and the Residence F-2 (RF-2) Zoning Districts.