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HomeMy WebLinkAboutM-032526 March 25, 2026 Page 1 of 8 1 Zoning Board of Appeals MINUTES Wednesday, March 25, 2026 7:00 PM 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, March 25, 2026, at the time indicated: The Zoning Board of Appeals Public Hearing will be held by remote participation methods. Public access to this meeting shall be provided in the following manner: 1. The meeting will be televised live via Xfinity Channel 18 or high definition Channel 1072. It may also be accessed via the Government Access Channel live stream on the Town of Barnstable’s website: https://barnstable.cablecast.tv/internetchannel/watch -now 2. Real-time access to the Zoning Board of Appeals meeting is available utilizing the Zoom link or telephone number and Meeting ID provided below. Public comment can be addressed to the Zoning Board of Appeals by utilizing the Zoom link or telephone number and Meeting ID provided below: Join Zoom Meeting Option Telephone Number Option https://townofbarnstable- us.zoom.us/j/89118776694 US Toll-free: 888 475 4499 Meeting ID: 891 1877 6694 Meeting ID: 891 1877 6694 Applicants, their representatives and individuals required or entitled to appear before the Zoning Board of Appeals may appea r remotely, and may participate through accessing the link or telephone number provided above. Documentary exhibits and/or visu al presentations should be submitted in advance of the meeting to anna.brigham@barnstable.gov so that they may be displayed for remote public access viewing. Copies of the applications are available for review by calling (508) 862-4682 or emailing anna.brigham@barnstable.gov. Call to Order Chair Jake Dewey calls the meeting to order at 7:03 with an introduction of Board Members: Also present is Anna Brigham, Principal Planner, and Genna Ziino, Administrative Assistant. 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 January 28, 2026 – Paul Pinard moves to approve as written. Aaron Webb seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Manny Alves, Larry Hurwitz, Aaron Webb Nay: None Member Present Absent Dewey, Jacob – Chair X Bodensiek, Herbert – Vice Chair X Pinard, Paul – Clerk X Alves, Manny X Dworkis, Debra X Hurwitz, Larry X Webb, Aaron X Page 2 of 8 2 Old Business 7:00 PM Appeal No. 2025-038 Speedway LLC/Dunkin Speedway LLC has applied for a Variance pursuant to Section 240-24.1.5 4.(a) signs in the HC District. The Applicant is seeking to replace the existing 20.66 sq. ft. internally illuminated “Dunkin Donuts” wall sign with a new 12.12 sq. ft. internally illum inated “Dunkin” wall sign. The area of the façade is 971.1. sq. ft., therefore, 97.1 sq. ft. of signage is allowed. The existing Spe edway sign is 18 sq. ft., making the proposed total for both signs 30.12 sq. ft. The subject property is located at 156 Iyannough Road, Hya nnis, MA as shown on Assessor’s Map 328 as Parcel 151. It is located in the Highway Commercial (HC) Zoning District. Members assigned: Dewey, Bodensiek, Webb, Pittenger, Alves. Continued from January 14, 2026 and February 11, 2026. A request to continue to April 22, 2026 has been received. Chair Dewey asks staff if someone will Mullin in for Natalie Pittenger, who is no longer on the Board. Anna Brigham, Principal Planner, will make sure it’s all set. The Chairman moves to continue this to April 22, 2026. Larry Hurwitz seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Aaron Webb, Manny Alves Nay: None Appeal No. 2025-038 Speedway LLC/Dunkin is continued to April 22, 2026. 7:01 PM Appeal No. 2026-002 **READVERTISED** Copacabana Realty Investment Inc. Copacabana Realty Investment Inc. has applied for a Modification of Special Permit No. 2024 -003 to change the number and location of bedrooms and storage units. The Applicant proposes three one -bedroom apartments, two two-bedroom apartments, and one storage unit. The prior Special Permit approved four one-bedroom apartments, one two-bedroom apartment, and allowed the retention of two nonconforming storage units. The subject property is located at 11 Potter Avenue, Hyannis, MA as shown on Assessor’s Map 308 as Parcel 150. It is located in the Residence B (RB) Zoning District. Chair Dewey assigns himself, Herb Bodensiek, Paul Pinard, Aaron Webb, and Larry Hurwitz. Attorney Patrick Nickerson is representing the applicant and is joined by Matt Eddy. He says Appeal No. 2024-003 was granted to allow the conversion from an office use to a multi-family use. They had an issue permitting the allowed 3 units on the first floor, so they are proposing to change one of the storage units in the basement to a one-bedroom unit. They submitted a revised plan showing a one-bedroom unit in the basement. The proposal is to take one one-bedroom unit from the first floor and put it in the basement. There is no net increase in the number of bedrooms or dwelling units. There is a net decrease of storage units from 2 to 1. No increase in traffic or intensity of use proposed. Back to the Board for questions. Chair Dewey asks if gross floor area is changing. Attorney Nickerson says it is 867.1 sq. ft. of finished space, but that is already included in gross floor area. Matt Eddy, engineer, says it’s an increase in residential sq. ft., but a decrease in use intensity. The Chairman thinks a storage space is less intense than a residential apartment. Aaron Webb asks what the old apartment will be. Attorney Nickerson says the floor is being reconfigured to be only 2 apartments. Attorney Nickerson says the building is sewered. There are no changes site-wise. They installed a new, larger water main at the expense of the applicant. They were approved through formal Site Plan Review. Dumont and Potter is always where parking has been, and there are no changes proposed. Chair Dewey opens for public comment. He says the Board received a letter of support from S. Battista, a letter from Kanchev with concerns over traffic and parking, and a letter from E. Dery in opposition. Susan Battista of 15 Newton St. speaks in favor as an abutter. They are not expanding the footprint, and are bringing housing. Chair Dewey moves to close public comment. Larry Hurwitz seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None Back to the Board for discussion. Aaron Webb asks if the basement unit has access to the foyer. Matt Eddy says no, the only egress is through the basement. There is an exterior stairs to get to the upper level. Chair Dewey says if the overhead doors are removed, Page 3 of 8 3 isn’t that a change of use from a commercial bay. Attorney Nickerson said the proposal was to remove the overhead doors and make it look more residential, but changing a door from one type to another is not a change of use—it is still a storage unit. The Chairman is questioning the intent. Attorney Nickerson says they were presented as nonconforming storage units. The group discusses if it matters whether it’s commercial or not, and the effects of changing the door. They discuss how to condition it. The group discusses whether the storage unit could be used for tenants rather than clients. The applicant would be fine with a condition about th at. Paul Pinard moves to close the public hearing. Aaron Webb seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None Attorney Nickerson requests the Board approve 2026-002 then withdraw 2026-003. The Board discusses how to condition. Paul Pinard makes findings: 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. Section 240- 94 A. Allows a nonconforming use to change to another nonconforming use. 2. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. 3. A Site Plan has been reviewed and found approvable with conditions. Site Plan Review has issued a letter of approval on January 16, 2026. In granting a special permit for the change of a nonconforming use, the Board must find that the proposed nonconforming use i s no more detrimental to the neighborhood and that all of the following requirements are met: 4. The applicant has received all necessary approvals from the Board of Health. The proposed nonconforming use: a. Requires no more parking than the previous use; b. Does not generate more traffic than the previous use, as measured by the Institute of Transportation Engineers Trip Generation Handbook or other sources acceptable to the Zoning Board of Appeals, nor does it cause Town expenditures to address traffic mitigation measures; c. Does not result in an increase of on-site and off-site noise, dust, and odors; d. Does not result in an increase in the hours of operation or in the number of tenants or employees; e. Does not expand the gross floor area of the nonconforming use, except as may be provided in § 240-93B, nor does it increase the number of nonconforming uses on a site; f. Is on the same lot as occupied by the nonconforming use on the date it became nonconforming; and g. Is not expanded beyond the zoning district in existence on the date it became nonconforming. Larry Hurwitz seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None Paul Pinard makes motion to grant Special Permit No. 2026-002 based on conditions 1-4 from the Staff Report dated January 30, 2026, with an additional no. 5: The remaining storage unit be only available to tenants of the apartments and the owner of the property, and remain unfinished storage space without coming back to the board for approval, and changing the second sentence of condition no. 1 to read “The Applicant proposes four one-bedroom apartments, one two-bedroom apartment, and one storage unit.” Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None Appeal No. 2026-002 Copacabana Realty Investment Inc. is granted with conditions. 7:02 PM Appeal No. 2026-003 **READVERTISED** Copacabana Realty Investment Inc. Copacabana Realty Investment Inc. has applied for a Special Permit pursuant to Section 240 -94 A. Change of Nonconforming Use to Another Nonconforming Use. The Applicant seeks to convert a legal preexisting nonconforming rental storage unit, located with in a Page 4 of 8 4 multi-family building (see Special Permit No. 2024 -003) into a two-bedroom apartment. The proposed apartment would be nonconforming because it would be a residential dwelling within a multi -family building. The subject property is located at 11 Potter Avenue, Hyannis, MA as shown on Assessor’s Map 308 as Parcel 150. It is located in the Residence B (RB) Zoning District. Attorney Nickerson requests to withdraw. Chair Dewey moves to withdraw without prejudice. Paul Pinard seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None Appeal No. 2026-003 Copacabana Realty Investment Inc. is withdrawn without prejudice. New Business 7:03 PM Appeal No. 2026-004 Schneider Jack and Betty Anne Schneider have applied for a Special Permit pursuant to Section 240 -131.4D(2) Change, Expansion, or Alteration of Uses and Structures. The Applicants seek to increase the height of the dwelling from 16.6 ft. to 23 ft. The subject proper ty is located at 127 Short Beach Road, Centerville, MA as shown on Assessor’s Map 206 as Parcel 046. It is located in the Craigvill e Beach District (CBD) and the Long Beach Short Beach (LBSB) Neighborhood Overlay Zoning District. Continued from March 11, 2026. Chair Dewey assigns himself, Herb Bodensiek, Paul Pinard, Aaron Webb, and Larry Hurwitz. Larry Hurwitz discloses he lives on Short Beach Road but thinks he can be impartial. Attorney Schulz is representing the applicant and is fine with that. Attorney Schulz says this is a 5,938 sq. ft. property improved with a single-family dwelling from 1960. It is consistent with neighboring house sizes and setbacks. They received Conservation Commission approval. They are proposing to demo/rebuild a single-family dwelling. The proposed will reduce gross floor area, building coverage, and lot coverage, and will improve setbacks from 14.1 to 15.5 ft. in front and from 15.9 ft. 16.1 ft. on the side. The height change is what triggers the need for a special permit. He submits that the proposal is not a detriment because of the reductions, and the fact that they would be bringing it out of the flood zone. Chair Dewey asks if increasing the height impacts the views to Nantucket Sound. The group discusses that many houses have been similarly raised. Attorney Schulz says the purpose of view corridor regulations are to maintain public views from public ways. John O’Dea, engineer, shares the site plan and shows where the water is in relation to the proposed structure. In terms of views to the Sound or the Centerville River, there are other homes impacting the view and he suggests the existing house footprint is where they are working, so wouldn’t impact the corridor views. They also notified abutters and there were no concerns. Chair Dewey opens public comment. There is none. The Chairman moves to close public comment. Aaron Webb seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None Chair Dewey moves to close the public hearing. Paul Pinard seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None Larry Hurwitz makes findings: 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit: Section 240-125 and Section 240-131.4 D. (2) allows for a Special Permit. 2. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. He finds that the neighborhood already has elevated homes. 3. The single-family nature of the property and of the accessory nature of the detached structure are preserved. Page 5 of 8 5 Under DCPC, Section 240-131.4 D.(2) By Special Permit (a) The alteration or expansion of an existing conforming or nonconforming lawfully established building or structure in lawful existence at the time of adoption of §§ 240-131 through 240-131.8 that does not qualify under the as-of-right provisions above shall be permitted only by a special permit from the SPGA. In granting such special permit, the SPGA shall find that the proposed alterations and/or expansions: [1] Are not substantially more detrimental to the environment, community and/or historic character of the neighborhood than the existing building or structure. [2] Comply with § 240-131.1, Purposes and intent, and with the performance standards and design guidelines for the neighborhood overlay area in which the development is located, in accordance with § 240-131.7, Neighborhood District Overlay regulations, with the exception of the dimensional requirements of § 240-131.7D(1). [3] Do not entail an increase in gross floor area or footprint for voluntary demolition of a single-family residence. [4] Do not exceed 25% of the gross floor area of structures in existence as of July 1, 1989, or do not exceed 10% of the gross floor area of structures in existence as of November 6, 2009. REDUCTION???? [5]Do not increase lot coverage over what is allowed under § 240-131.6, Coverage limitations, or by more than 10% over what was existing on November 6, 2009, whichever is greater. [6] Do not increase flood hazards in the neighborhood. [7] Maintain or enhance views to Nantucket Sound and/or the Centerville River where applicable in accordance with § 240- 131.5, Note 4. [8]In V Zones, do not increase south-facing building surfaces so as to limit the adverse effect of increasing elevation or velocity of floodwaters due to a change in flowage characteristics on the subject site, adjacent properties, or any public or private way. E. Special permit for dimensional relief. The SPGA may provide relief from minimum yard setbacks when such relief ensures that t he proposed development: (1)Is consistent with § 240-131.1, Purposes and intent; (2) Is consistent with the performance standards for the neighborhood district where the development is located in accordance with § 240-131.7, Neighborhood Overlay regulations; and (3)The applicant demonstrates undue hardship without desired relief. Paul Pinard reads: 240-131 7 E. Long Beach/Short Beach Neighborhood. (1) Permitted principal uses: The following principal uses are permitted in the Long Beach/Short Beach Neighborhood Overlay area subject to the performance standards listed below. (a) Single-family residence. (2) Permitted accessory uses: Customary and incidental uses and structures are permitted in the Long Beach/Short Beach Neighborhood Overlay area subject to the use limitations and performance standards listed in §240 -131 7 D. (3) Neighborhood performance standards. All development and redevelopment shall meet the following standards: (a)No development or redevelopment shall be permitted within V Zones, except that existing structures may be changed or altered, provided that there is no increase in gross floor area, footprint, or intensity of use (including but not limited to increases in wastewater flow and impervious area) within the V Zone. This provision shall not be construed to include duly permitted docks and piers. (b) New septic systems shall be prohibited in V Zones except to upgrade existing failed systems where such systems pose a demonstrated threat to public health, water quality, or natural resources. (c) Any activity or development in a V Zone that creates an adverse effect by increasing elevation or velocity of floodwaters due to a change in drainage or flowage characteristics on the subject site, adjacent properties or any public or private way is prohibited. Any proposed activity shall not result in flood damage due to filling which causes lateral displacement of floodwaters that, in the judgment of the SPGA, would otherwise be confined to said area. The burden of proof for this standard rests with the applicant and shall require certification by a professional engineer. (d) Open foundations shall be designed to accommodate only the height required to elevate the lowest structural member two feet above the BFE in V Zones and one foot above BFE in A Zones. For all new construction and substantial improvements within the V Zones, the space below the lowest floor must either be free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. Herb Bodensiek seconds. Page 6 of 8 6 Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Larry Hurwitz Nay: None Abstain: Aaron Webb (technical difficulties) Larry Hurwitz makes a motion to grant Special Permit No. 2026-004 based on findings, with conditions 1-5 from the Staff Report dated February 27, 2026. Paul Pinard seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None Special Permit 2026-004 Schneider is granted with conditions. 7:04 PM Appeal No. 2026-005 Lukatsky Lana and Edward Lukatsky have applied for a Special Permit pursuant to Section 240-291-H(3) Developed Lot Protection; Demolition and Rebuilding on Nonconforming Lots. The Applicants propose to demolish the existing 1.5 -story, single-family dwelling and replace it with a 2.5-story, two-bedroom dwelling on a similar footprint. The existing and proposed dwellings do not meet the front yard setback requirement (30 feet ), but the proposed front yard setback will remain 17.1 feet . The subject property is located at 129 Hayes Road, Centerville, MA as shown on the Assessor’s Map 210 as Parcel 095. It is located in the Residence D -1 (RD-1) Zoning District and the Resource Protection Overlay District (RPOD). Continued from March 11, 2026. Chair Dewey assigns himself, Herb Bodensiek, Paul Pinard, Aaron Webb, and Larry Hurwitz. Attorney Paul Revere is representing the applicant and is joined by Kevin Remillard of National Design and Drafting and John O’Dea of Sullivan Engineering. He explains that the lot is on a private way that is a peninsula going into Lake Wequaquet. The proposal meets all bulk requirements except the front yard setback. The existing front yard setback is 17.1 ft. from the layout of the road, which is closer than the asphalt, and they are proposing to maintain that, so the proposal is not more detrimental. The only difference to the footprint is filling in an indentation in the front. They received Conservation Commission approval. There is no room to move the house further back from the street. He explains why it is only a 2-bedroom home: this will be one of the first areas to be sewered by the town, and a year ago the septic failed so the applican t got a variance for a tight tank because this is a seasonal home. Once it is sewered, the larger area will probably be made into bedrooms. There are not a lot of neighbors, and the existing ones are not close. Back to the Board for questions. Chair Dewey asks for existing and proposed ridge height. Kevin Remillard, the designer on the project says he is unsure of ridge height, but it’s 30 feet to the top of the roof. Chair Dewey opens public comment. There is none. The Chairman moves to close public comment. Larry Hurwitz seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None The Board discusses. This is happening all around the lake. They discuss whether view corridors will be affected. It is a substantially larger house. The Chairman moves to close the public hearing. Paul Pinard seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None Herb Bodensiek makes findings: 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. Section 240- 91 H. (3) allows for the demolition and rebuilding of a residence on a nonconforming lot. 2. Site Plan Review is not required for single-family residential dwellings. Page 7 of 8 7 3. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. Further, Section 240-91 H. (3) requires the Board to find that if the proposed demolition and rebuilding cannot satisfy the criteria established is H. (1) As-Of-Right, then the Board may allow the demolition and rebuilding by Special Permit provided the Board finds that: 4. The proposed yard setbacks must be equal to or greater than the yard setbacks of the existing building. The proposed front yard setback remains at 17.1 feet and the side yard and rear yard setbacks will remain the same and complies with the required 10 feet. 5. Proposed lot coverage shall not exceed 20% or the existing lot coverage, whichever is greater. The proposed lot coverage is 13.6%, less than maximum. 6. The floor area ratio shall not exceed 0.30 or 30% the existing floor area ratio of the structure being demolished, whichever is greater. The existing FAR is 10% and the proposed FAR is 27.4%, which does not exceed the threshold. 7. The building height, in feet, shall not exceed 30 feet to the highest plate and shall contain no more than 2 ½ stories. The proposed height for the proposed dwelling is 20.5 feet. The Board is also asked to find that: 8. The proposed new dwelling would not be substantially more detrimental to the neighborhood than the existing dwelling. Chair Dewey adds that the proposal is substantially larger, but falls within the nature of what is happening in that neighborhood. Paul Pinard seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None Herb Bodensiek makes motion to grant Special Permit No. 2026-005 based on findings, with conditions 1-6 from the Staff Report dated February 27, 2026. Aaron Webb seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None Herb Bodensiek moves to grant with conditions. Paul Pinard seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None Special Permit No. 2026-005 Lukatsky is granted with conditions. Correspondence • 3/16/26 Great Neck Rd N WCT Subcommittee Agenda • 3/19/26 Great Neck Rd N WCT Continued Hearing Notice • 3/31/26 Provincetown Pier Hotel Subcommittee Agenda • 4/16/26 Provincetown Pier Hotel Continued Hearing Notice • 3/19/26 Cape Cod Commission Meeting Agenda • REVISED Cape Cod Commission agenda for Thursday, March 19, 2026 at 3:00 p.m. Matters Not Reasonably Anticipated by the Chair Chair Dewey says the new zoning subcommittee has met twice. The first zoning ordinance items to be reviewed are home occupations and commercial parking in residential zones. The sign ordinance is also on the list. Town Councilor Betty Ludtke is the Chair. He encourages members to bring forward anything they think needs to be reviewed. They meet once a month, hybrid. Pools were on the menu of choices but not at the top. Paul Pinard volunteers if the Chairman ever needs a substitute. Upcoming Hearings April 8, 2026 (in person), April 22, 2026 (remote), May 13, 2026 (in person) – Paul Pinard says he won’t be at the April 8 meeting. Page 8 of 8 8 Adjournment Chair Dewey moves to adjourn. Aaron Webb seconds. Vote: Aye: Jake Dewey, Herb Bodensiek, Paul Pinard, Aaron Webb, Larry Hurwitz Nay: None Meeting adjourned at 8:52 PM. Documents Used at this Meeting • January 28, 2026 minutes • Letter from Attorney Patrick Nickerson requesting to continue Appeal No. 2025-038 Speedway LLC/Dunkin to April 22, 2026 • Appeal No. 2026-002 Copacabana Realty Investment Inc. application materials • Staff Report dated January 30, 2026 for Appeal No. 2026 -002 • Appeal No. 2026-004 Schneider application materials • Staff Report dated February 27, 2026 for Appeal No. 2026-004 • Appeal No. 2026-005 Lukatsky application materials • Staff Report dated February 27, 2026 for Appeal No. 2026-005 Respectfully submitted, Genna Ziino, Administrative Assistant Further detail may be obtained by viewing the video via the Barnstable Government Access Channel on demand at town.barnstable.ma.us