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Home My WebLink AboutM-051326 May 13, 2026 Page 1 of 3 1 Zoning Board of Appeals MINUTES Wednesday, May 13, 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, May 13, 2026, at the time indicated: Call to Order Acting Chair Herb Bodensiek calls the meeting to order at 7:00 PM 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 March 11, 2026; April 8, 2026 – Aaron Webb and Manny Alves were not present for the March 11 meeting, so there is not a quorum to vote on those minutes. Manny Alves moves to approve the April 8 minutes. Aaron Webb seconds. Vote: Aye: Herb Bodensiek, Manny Alves, Debra Dworkis, Larry Hurwitz, Aaron Webb Nay: None Old Business None New Business 7:00 PM Appeal No. 2026-008 McDonald’s Corporation McDonald’s Corporation has applied for a modification of Special Permit No. 2021 -013 Conditions No. 2 and No. 4 to construct a new McDonald’s restaurant containing 4,181 square feet, slightly larger than the previous building, due to a fire that damage d the existing building. No changes to the existing drive-through configuration or signage are proposed. The subject property is located at 654 Iyannough Road, Hyannis, MA as shown on Assessor’s Map 311 as Parcel 086. It is located in the Highway Business (HB) Zoni ng District. Connor Ennis is representing the applicant. He explains that there was a fire at the building that caused significant enough damage to warrant closing the restaurant and requiring reconstruction of the building. Their hope is to reopen as soon as possible to get employees back to work and the business back open. He explains that the existing building is a 3,654 sq. ft. restaurant with a 2-lane drive through and 48 parking stalls. What’s proposed is the same general layout, except 4,192 sq. ft. It is larger than the old building because it was outdated. Because of the enlargement, they had to shift parking slightly and are proposing 38 parking spaces (which still meets the requirement). No changes 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 3 2 are proposed to the drive through layout, circulation, or access to the site. They received Formal Site Plan Review approval. He submits this fulfils the spirit and intent of the ordinance: it is an existing McDonald’s restaurant and will remain that, just with an improved building. Back to the Board for questions. Aaron Webb asks about signage. Mr. Ennis says it will match what’s there today—no signage alterations. Manny Alves asks if the change to handicapped parking that was requested at SPR had happened . Mr. Ennis says the comment was to confirm accessibility, and yes, the plans were updated. Debra Dworkis asks if there is the same number of ADA- compliant spaces as the original plan. Mr. Ennis says it’s 2 now rather than 3, but still meets the requirement. The group discusses where the 500 sq. ft. increase will be internally. Mr. Ennis says the dining area is the same, but they focused on expanding back of house operations. The number of seats proposed is 48. Chair Bodensiek opens for public comment. There is none. Aaron Webb moves to close public comment. Manny Alves seconds. Vote: Aye: Herb Bodensiek, Manny Alves, Aaron Webb, Debra Dworkis, Larry Hurwitz Nay: None Aaron Webb moves to close the public hearing. Larry Hurwitz seconds. Vote: Aye: Herb Bodensiek, Manny Alves, Aaron Webb, Debra Dworkis, Larry Hurwitz Nay: None Aaron Webb makes findings: 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. Section 240- 125 allows for a modification of 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 there has been a McDonald’s there previously, and it is in an appropriate zone. 500 extra sq. ft. for efficiency purposes is no detriment. 3. A Site Plan has been reviewed and found approvable with conditions. Site Plan Review has issued formal letter of approval on April 16, 2026. Manny Alves seconds. Vote: Aye: Herb Bodensiek, Manny Alves, Aaron Webb, Debra Dworkis, Larry Hurwitz Nay: None Aaron Webb makes a motion to grant Special Permit No. 2026-008 based on findings, with conditions 1-4: 1. Special Permit No. 2026-008 is granted to McDonald’s Corporation for a modification of Special Permit No. 2021-013 Conditions No. 2 and No. 4 to construct a new McDonald’s restaurant containing 4,1 92 square feet, slightly larger than the previous building, due to a fire that damaged the existing building at 654 Iyannough Road, Hyannis, MA as shown on Assessor’s Map 311 as Parcel 086. 2. The site development shall be constructed in substantial conformance with the plan entitled “Proposed Site Plan Documents for M (McDonalds) Proposed Restaurant W/ Drive-Thru” at 654 Iyannough Road, Hyannis, prepared by Bohler, dated April 8, 2026 Revised April 16, 2026 Sheet C-101, C-102, C-201, C-301, C-401, C-501, C-801, C-802, C-901, C-902, C- 903, L-101, and L-102. 3. The proposed development shall represent full build -out of the lot. Further changes to the lot shall be prohibited without prior approval from the Board. 4. This decision shall be recorded at the Barnstable County Registry of Deeds and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building Division prior to issuance of a building permit. The rights authorized by this Special Permit must be exercised within two years, unless extended. Larry Hurwitz seconds. Vote: Aye: Herb Bodensiek, Manny Alves, Aaron Webb, Debra Dworkis, Larry Hurwitz Nay: None Page 3 of 3 3 Herb Bodensiek votes to grant with conditions. Vote: Aye: Herb Bodensiek, Manny Alves, Aaron Webb, Debra Dworkis, Larry Hurwitz Nay: None Special Permit No. 2026-008 McDonald’s Corporation is granted with conditions. Correspondence • Cape Cod Commission proforma hearing notice for Sand Pit Rd ANR being held on Friday, May 8, 2026 at 10:00 a.m Matters Not Reasonably Anticipated by the Chair Discussion Ability for future hybrid meetings – Anna Brigham has been told that the policy has not changed: hybrid meetings are not an option because it presents a staffing issue. Upcoming Hearings May 27, 2026 (remote), June 10, 2026 (in person), June 24, 2026 (remote) Adjournment Larry Hurwitz moves to adjourn. Aaron Webb seconds. Vote: Aye: Herb Bodensiek, Manny Alves, Aaron Webb, Larry Hurwitz, Debra Dworkis Nay: None Meeting adjourned at 7:22 PM. Documents Used at this Meeting • March 11, 2026 & April 8, 2026 minutes • Appeal No. 2026-008 McDonald’s Corporation application materials • Staff Report dated April 28, 2026 for 2026-008 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