HomeMy WebLinkAboutSR-2025-007 Miklosky et al 933 Main St OST appeal of BC Decision
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Appeal No. 2025-007 – Miklosky et al
Appeal of a Building Officials Decision
Date: March 27, 2025
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Appellants: Victoria Miklosky, Mary Curley, Cynthia Foster
Subject Property: 933 #I Main Street, Osterville, MA
Assessor's Map/Parcel: 117/187
Zoning: Residence C (RC)
Filed: March 5, 2025 Hearing: April 9, 2025 Decision Due: June 13, 2025
Copy of Notice
Victoria 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.
Appeal
The Appellants are appealing Building permit BLDR-25-14 for “Rebuild after Teardown” dated February
7, 2025. The Appellants submit that the Building Permit should not have been issued because:
1. The premises are not a valid nonconforming lot under Section 240-91.
2. The premises lack required legal frontage and access rights in the private way,
3. The project otherwise fails to comply with the Zoning Ordinance requirements applicable,
including a Special Permit.
Background
According to the Assessors record, the parcel addressed as 933 #I Main Street, Osterville contains 0.5
acres and a single-family dwelling with 2 bedrooms, 1,216 square feet of living area (2,166 gross)
constructed in 1960.
The lot has the benefit of Special Permit No. 1999-095 which allowed a strip of land to be conveyed
to other abutting lots.
Procedural Review
Building Permit BLDR-25-14 was issued on February 7, 2025 and the Appellants filed the appeal of the
Building Permit with the Town Clerk and office of the Zoning Board of Appeals on March 5, 2025.
Findings
Zoning Board of Appeals – Planning and Development Department Staff Report
Appeal No. 2025-007 – Miklosky et al
2
The Board shall make findings when either voting to uphold or overrule the Building Commissioner’s
decision to issue Building Permit BLDR-25-14. It is the Board’s responsibility to determine if the
Building Commissioner properly determined that the use does not violate the Zoning Ordinance.
Should the Board wish to uphold the Building Commissioner’s issuance of Building Permit BLDR-25-
14 to allow the demolition and reconstruction of a dwelling at 933 #I Main Street, Osterville, the Board
should consider the following finding:
1. The Board affirms the Building Commissioner’s issuance of BLDR-25-14 for the demolition and
reconstruction of a single family dwelling at 933 #I Main Street Osterville is in compliance with
the Zoning Ordinance.
Should the Board wish to overrule the Building Commissioner’s issuance of Building Permit BLDR-25-
14 to allow the demolition and reconstruction of a dwelling at 933 #I Main Street, Osterville, the Board
should consider the following finding:
1. The Board finds that the issuance of Building Permit BLDR-25-14 for the demolition and
reconstruction of a single family dwelling at 933 #1 Main Street, Osterville is in violation of the
Zoning Ordinance.
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 Appellants)
Attachments: Appeal