HomeMy WebLinkAboutAG-021225 February 12, 2025Page 1 of 2 1
Board Members
Jacob Dewey – Chair Herbert Bodensiek – Vice Chair Paul Pinard – Clerk
Emanuel Alves – Associate Member Mark Hansen – Regular Member Larry Hurwitz – Associate Member
Rodney Tavano – Associate Member Aaron Webb – Regular Member Natalie Pittenger – Associate Member
Betty Ludtke – Town Council Liaison
Staff Support
James Kupfer -- Director – james.kupfer@town.barnstable.ma.us
Anna Brigham – Principal Planner – anna.brigham@town.barnstable.ma.us
Genna Ziino – Administrative Assistant – genevey.ziino@town.barnstable.ma.us
https://www.town.barnstable.ma.us/ZoningBoard
Agenda
Wednesday, February 12, 2025
7:00 PM
James H. Crocker Jr. Hearing Room, 2nd Floor, Town Hall
367 Main Street, Hyannis
To all persons interested in or affected by the actions of the Zoning Board of Appeals, you are hereby notified, pursuant to Section
11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendments thereto, that a public hearing
on the following appeals will be held on Wednesday, February 12, 2025, at the time indicated:
Call to Order
Introduction of Board Members
Notice of Recording
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
None
Executive Session
Appeal No. 2023-010 Arista/Wendy’s LLC - 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 d enial
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 litigation position.
Old Business
7:00 PM Appeal No. 2024-039 25 Falmouth Rd, LLC
25 Falmouth Road LLC has filed an Appeal of an Administrative Official’s Decision in accordance with M.G.L. Chapter 40A Secti ons 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 and
January 8, 2025. No Members assigned.
7:01 PM Appeal No. 2024-040 25 Falmouth Rd, LLC
25 Falmouth Road LLC has filed an Appeal of an Administrative Official’s Decision in accordance with M.G.L. Chapter 40A Secti ons 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 ev idence
Town of Barnstable
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and documentation from the town records and files, which conflict with the determination and do not address the concerns rais ed
as set forth in the Appellant’s enforcement letters and correspondence. The subject property is located at 95 Falmouth Road a nd
123 Falmouth Road, Hyannis, MA as shown on Assessor’s Map 311, Parcels 073 and 078. Lots are located in the Highway Business
(HB) and Residence B (RB) Zoning Districts. Continued from November 13, 2024 and January 8, 2025. No Members assigned.
7:02 PM Appeal No. 2024-044 Sundelin
Richard 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, We st
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. No Members assigned.
New Business
None
Correspondence
• Cape Cod Commission meeting agenda for January 30, 2025 at 3:00 pm.
• Cape Cod Commission continued hearing notice for the Wilkens Housing Phase II project for Monday, February 10, 2025 at
5:00 pm.
• Planning Board Notification for Regulatory Agreement for Shoestring Properties, February 24, 2025 at 7:00 pm.
Matters Not Reasonably Anticipated by the Chair
Upcoming Hearings
February 26, 2025 (remote), March 12, 2025 (in person), March 26, 2025 (remote)
Adjournment