HomeMy WebLinkAboutSR-2025-006 Clark 978 Main St COT appeal of BC Decision
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Appeal No. 2025-006 – Clark
Appeal of Building Commissioners Determination
Date: March 13, 2025
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Appellant: James D. Clark and Christine D. Clark
Subject Property: 978 Main Street, Cotuit, MA
Assessor's Map/Parcel: 034/032
Zoning: Residence F (RF)
Filed: February 21, 2025 Hearing: March 26, 2025 Decision Due: June 1, 2025
Copy of Notice
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.
Appeal
The Appellants are appealing the Norice of Zoning Ordinance Request for Enforcement Denial dated
January 24, 2025 under M.G.L. Chapter 40A Section 7. The Appellants submit that the administrative
official dated January 24, 2025 was in error as the structure erected at 968 Main Street is not a “pole
supported by wires/ropes and burlap” but was constructed by a 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.
Background
According to the Assessors record, the parcel addressed as 968 Main Street, Cotuit contains 0.97 acres
and a single-family dwelling with 11 bedrooms, 9,008 square feet of living area (16,372 gross)
constructed in 1910.
Procedural Review
The Appellants requested zoning enforcement which was denied by the Building Official on January
24, 2025 for the following reason:
1. As the Ordinance is express in its definition concerning poles and minor incidental
improvements, the Building Official found that the protective devices (poles, supporting
wires/ropes and burlap) are exempt from the definition of STRUCTURE in Barnstable’s Zoning
Ordinance and would not constitute a violation of the Ordinance.
On February 21, 2025, the appeal was filed with the Town Clerk and the Zoning Board of Appeals.
Findings
The Board shall make findings when either voting to uphold or overrule the Building Commissioner’s
denial for zoning enforcement. It is the Board’s responsibility to determine if the Building Commissioner
properly determined that the use does not violate the Zoning Ordinance.
Zoning Board of Appeals – Planning and Development Department Staff Report
Appeal No. 2025-006 – Clark
2
Should the Board wish to uphold the Building Commissioner’s denial for zoning enforcement at 968
Main Street, Cotuit, the Board should consider the following finding:
1. The Board affirms the Building Commissioner’s denial for zoning enforcement in a letter dated
January 24, 2025 regarding the “pole supported by wires/ropes and burlap” at 968 Main Street,
Cotuit, MA.
Should the Board wish to overrule the Building Commissioner’s denial for zoning enforcement at at
968 Main Street, Cotuit, the Board should consider the following finding, the Board should consider the
following finding:
1. The Board finds that the “pole supported by wires/ropes and burlap” at 968 Main Street, Cotuit,
MA. are in violation of M.G.L. Chapter 40A Section 7.
Procedural Information
Upon making findings, the Board may choose to vote to:
• Uphold the Building Commissioner’s determination; or
• Overrule the Building Commissioner’s determination,
A vote of 4 members of the Board is required to overrule the Building Commissioner’s decision.
CC: Appellant (c/o Attorney Schulz)
Attachments: Appeal