HomeMy WebLinkAboutSR-2026-024 Cape Cod Commission Aretusa LLC 1330 Phinney's Lane BARN MOD V
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Variance No. 2026-024 – Cape Cod Commission/Aretusa LLC
Modification of Variances 1995-109, 2009-045
Section 240-13 Residence F-1 Bulk Regulations
Request for modification of Variances to allow Government office use
Date: August 13, 2026
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicants: Cape Cod Commission/Aretusa LLC
Property Location: 1330 Phinney’s Lane, Barnstable, MA, MA
Assessor's Map/Parcel: 274/016-X02
Zoning: Residence F-1 (RF-1) Zoning District
Filed: July 21, 2026 Hearing: August 26, 2026 Decision Due: October 29, 2026
Copy of Public Notice
The Cape Cod Commission has petitioned for a modification of previous Variances pursuant to
Section 240-13 RC, RD, RF-1, and RG Residential Districts. The Petitioner is seeking a
modification of Variance No. 1995-109 and Variance No. 2009-045, and requests that Condition
No. 4 of 2009-045 Modification Decision be removed and that the Board confirm that the
Petitioner’s use of the property for its offices (i.e. government office use) is permitted within the
existing approved office uses as set forth in Condition No. 2 of 2009-045. The subject property is
located at 1330 Phinneys Lane, Hyannis, MA, as shown on Assessor’s Map 274 as Parcel 016-
X02. It is located in the Residence F-1 (RF-1) Zoning District.
Background
The subject property is a 1.34-acre parcel containing a building with 12,458 square feet of
professional/medical/dental use, constructed in 2000. The site is located at the intersection of
Phinney’s Lane and Attucks Lane in Barnstable. The area contains nonresidential uses.
Proposal & Relief Requested
The Cape Cod Commission has petitioned for a modification of previous Variances pursuant to
Section 240-13 RC, RD, RF-1, and RG Residential Districts. The Petitioner is seeking a
modification of Variance No. 1995-109 and Variance No. 2009-045, and requests that Condition
No. 4 of 2009-045 Modification Decision be removed and that the Board confirm that the
Petitioner’s use of the property for its offices (i.e. government office use) is permitted within the
existing approved office uses as set forth in Condition No. 2 of 2009-045. The subject property is
located at 1330 Phinney’s Lane, Hyannis, MA.
Procedure - NEW
A complete application has been received and as such the Board shall open the hearing by vote of
the Board. The Board shall then assign members and hear the matter before them. If the Board
needs additional information the Board may continue this matter to a date certain. Once the Board
has exhausted their review the Board shall motion to close the public hearing. At this time no new
information or public comment is to be accepted by the Board. The Board shall now deliberate
render a decision. When rendering a decision, a motion shall be made to (approve, approve with
conditions, or deny) with the following findings and conditions. The Board shall state findings and
Town of Barnstable Planning and Development Department Staff Report
Variance 2026-024 – Cape Cod Commission
2
may state or reference proposed conditions. Once findings and conditions are completed, a second
is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote.
Lastly a vote is then called for.
Variance Findings - NEW
New analysis is whether “strict enforcement of the ordinance or by-law would result in practical
difficulty.” ZBA must weigh the benefits to the applicant and to the public interest (which includes
housing production) against the detriment to the public health, safety and welfare of the impacted
neighborhood.
ZBA may consider: (i) whether the practical difficulty relates to soil conditions, shape or
topography of the land or structure; (ii) whether strict enforcement would impose a financial
hardship on the appellant or petitioner; (iii) whether the benefit sought by the petitioner can be
achieved by some other method that is feasible for the petition to achieve; and (iv) whether the
practical difficulty was self -created.
Suggested Variance Conditions
Should the Board find to grant Variance No. 2026-024, pursuant to Section 240-13 RC, RD, RF-1,
and RG Residential Districts to modify Variance No. 1995-109 and Variance No. 2009-045, and
requests that Condition No. 4 of 2009-045 Modification Decision be removed and that the Board
confirm that the Petitioner’s use of the property for its offices (i.e. government office use) is
permitted within the existing approved office uses as set forth in Condition No. 2 of 2009-045 at
1330 Phinney’s Lane, Hyannis, MA,, it may wish to consider the following conditions:
1. Variance No. 2026-024 is granted to The Cape Cod Commission for a modification of previous
Variances pursuant to Section 240-13 RC, RD, RF-1, and RG Residential Districts. The
Petitioner is seeking a modification of Variance No. 1995-109 and Variance No. 2009-045, and
requests that Condition No. 4 of 2009-045 Modification Decision be removed and that the
Board confirm that the Petitioner’s use of the property for its offices (i.e. government office use)
is permitted within the existing approved office uses as set forth in Condition No. 2 of 2009-045.
The subject property is located at 1330 Phinney’s Lane, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Proposed Site Plan “ by Habeeb & Associates Architects sheets A-001, A-110. A-111 A-202
and “Existing Conditions Plan” C1.0 by Baxter Nye Engineering & Surveying, dated May 19,
2026.
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 Variance must be
exercised within two years, unless extended.
Copies: Applicant (Rick Fenuccio, Clear Path Advisors)
Attachments: Application
Plans