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HomeMy WebLinkAboutSR-2026-014 Premier Capital Inc 210 North St LLC 210 North St HY Appeal of BC Decision Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Appeal No. 2026-014 – Premier Capital Inc/210 North St LLC Appeal of Building Commissioner’s Determination Date: July 9, 2026 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Appellant: Premier Capital, Inc. Subject Property: 210 North Street, Hyannis, MA Assessor's Map/Parcel: 309/259-001 Zoning: Downtown Village (DV) Filed: May 28, 2026 Hearing: July 22, 2026 Decision Due: September 5, 2026 Copy of Notice Premier Capital, Inc. has appealed an Administrative Official’s decision. The Appellant is appealing the Building Commissioner’s Notice of Denial for Zoning Enforcement dated April 29, 2026 under Section 240-125 B. (1)(a). The subject property is located at 210 North Street, Hyannis, MA, as shown on Assessor’s Map 309 as Parcel 259-001. It is located in the Downtown Village (DV) Zoning District. Appeal The Appellants are appealing the Building Commissioners April 29, 2026, determination that no zoning violations exist and direct appropriate enforcement action, including a notice of violation and stop work order. Background According to the Assessors record, the parcel addressed as 210 North Street, Hyannis contains 0.34 acres and the use is noted as “Comm Building” formally a 7-11 Convenience Store. The building contained 3,476 square feet and was constructed in 1983. It is currently being renovated for residential units. Premier Capital Inc. holds title to 200 North Street, which abuts 210 North Street. Starbuck Construction is in the process of constructing a new 4-story 18-unit apartment building. On June 24, 2024, Starbuck applied for the building permit and represented the building would be 3,476 square feet. Building Permit BLC-24-138 dated September 12, 2024, permitting the removal of roof from existing one-story building then add new floors on the existing footprint for a total of 18 units. Procedural Review The Appellants are appealing the Building Commissioners April 29, 2026, determination that no zoning violations exist and direct appropriate enforcement action, including a notice of violation and stop work order. Findings The Board shall make findings when either voting to uphold or overrule the Building Commissioner’s Notice of Denial of 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. Should the Board wish to uphold the Building Commissioner’s determination that no violations exist for the residential development at 210 North Street, Hyannis, the Board should consider the following finding: 1. The Board affirms the Building Commissioner’s April 29, 2026 determination that no violations exist for the residential development at 210 North Street, Hyannis, MA. Zoning Board of Appeals – Planning and Development Department Staff Report Appeal No. 2026-014 – 210 North St Appeal 2 Should the Board wish to overrule the Building Commissioner’s determination that no zoning violations exist for the residential development at 210 North Street, Hyannis, MA, the Board should consider the following finding: 1. The Board finds that the Building Commissioner’s April 29, 2026 determination that no zoning violations exist for the residential development at 210 North Street, Hyannis, MA was not in compliance with Barnstable Zoning Ordinance. Procedural Information Upon making findings, the Board may choose to vote to: • Uphold the Building Commissioner’s April 29, 2026 determination that no zoning violations exist; or • Overrule the Building Commissioner’s April 29, 2026 determination that no zoning violations exist. A vote of 4 members of the Board is required to overrule the Building Commissioner’s decision. CC: Appellant (c/o Attorney Richard Reiling) Attachments: Appeal