Zoning Board of Appeals 06-25-2025

25 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, February 12, 2025 and April 9, 2025. No members assigned.

Oscar Millan, as tenant, has applied for a Special Permit pursuant to Section 240-24(C)(1) Conditional Uses in the VB-A Business District and 240-125(C) Special Permit Provisions. The Applicant seeks to open an ice cream shop also selling prepackaged baked goods. The prior tenant was a caviar retail shop. There are 103 parking spaces and 7 are required. The subject property is located at 3821 Falmouth Road, Building 3, Suite A, Marstons Mills, MA as shown on Assessor’s Map 057 as Parcel 004. It is located in the Village Business A (VB-A) Zoning District. Continued from June 11, 2025. No members assigned.

Bruce W. Kelly and Lisa Mycock Kelly have applied for a special permit pursuant to Section 240-91 H (3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicants are seeking a special permit to allow the demolition of the existing dwelling and construction of a dwelling on a nonconforming lot. The prior lot was subdivided and as such, a special permit is required where the construction would otherwise be allowed as of right. The subject property is located at 34 Lake Street, Cotuit, MA as shown on Assessor’s Map 020 as Parcel 018-001. It is located in the Residence F (RF) Zoning District.

Karim M. Basta, as Trustee of the Nadine M. Basta Trust, has applied for a special permit pursuant to Section 240-91 F Developed Lot Protection; Merged Lots. The Applicant seeks to transfer the vacant, unbuildable lot at 51 Studley Road, presently merged with 61 Studley Road, to Mr. and Mrs. Karim M. Basta, owners of 7 Houghton Road. With the requested relief, 7 Houghton Road and 51 Studley Road would merge into one lot. 51 Studley Road would remain an unbuildable lot. No additional building lot is proposed and no construction or redevelopment is proposed. The subject property is located at 61 Studley Road, Hyannis, MA as shown on Assessor’s Map 306 as Parcel 009. It is located in the Residence B (RB) Zoning District.