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HomeMy WebLinkAboutAG-090926 September 9, 2026Page 1 of 4 1 Board Members Jacob Dewey – Chair Herbert Bodensiek – Vice Chair Paul Pinard – Clerk Emanuel Alves – Regular Member John Carey – Associate Member Debra Dworkis – Associate Member Larry Hurwitz – Associate Member Aaron Webb – Regular Member Vacant – Associate Member Staff Support James Kupfer -- Director – james.kupfer@barnstable.gov Anna Brigham – Principal Planner – anna.brigham@barnstable.gov Genna Ziino – Administrative Assistant – genevey.ziino@barnstable.gov Town Council Liaison Betty Ludtke www.barnstable.gov/ZoningBoard Agenda Wednesday, September 9, 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, September 9, 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/89725966822 US Toll-free: 888 475 4499 Meeting ID: 897 2596 6822 Meeting ID: 897 2596 6822 Applicants, their representatives and individuals required or entitled to appear before the Zoning Board of Appeals may appear 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 Introduction of Board Members 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. Town of Barnstable Zoning Board of Appeals Page 2 of 4 2 Minutes June 24, 2026 & July 8, 2026 Old Business 7:00 PM Appeal No. 2026-014 Premier Capital Inc/210 North St LLC 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. (l)(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. Members assigned: Dewey, Bodensiek, Pinard, Webb, Alves. Continued from July 22, 2026. New Business 7:01 PM Appeal No. 2026-028 CR Southwind, LLC CR Southwind, LLC has applied for a Special Permit and a Modification of Special Permit No. 2013-055 pursuant to Section 240-93 B. Nonconforming Buildings or Structures Not Used as Single- or Two-Family Dwellings. The Applicant seeks a Special Permit to allow an expansion of the preexisting nonconforming lot coverage from 62% to 64.20% for the entire Southwind Plaza Shopping Center parcel. The Applicant further requests that Condition No. 3 of Special Permit No. 2013-055 be modified to reflect the increase in lot coverage. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (H B), Business (B), and Industrial (IND) Zoning Districts. 7:02 PM Appeal No. 2026-029 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-35 F. (3) Groundwater Protection Overlay District Lot Coverage. The Applicant seeks a Variance to allow lot coverage to be increased from 62% to 64.20% for the entire Southwind Pl aza Shopping Center parcel. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as show n on Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), Business (B), and Industrial (IND) Zoning Districts. 7:03 PM Appeal No. 2026-030 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-56 Schedule of Off-Street Parking Requirements. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes are proposed to the existing plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being requested. The Applicant seeks a Variance to allow 1,084 parking spaces where 1,105 are required. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), Business (B), and Industrial (IND) Zoning Districts. 7:04 PM Appeal No. 2026-031 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-56 Schedule of Off-Street Parking Requirements. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes are proposed to the existing plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being requested. The Applicant seeks a Variance to allow 431 parking spaces in Lot 1, the present location of Home Depot, where 550 parking spaces are required. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), Business (B), and Industrial (IND) Zoning Districts. 7:05 PM Appeal No. 2026-032 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-35 F. (3) Groundwater Protection Overlay District Lot Coverage. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes are proposed to the existing plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being requested. The Applicant seeks a Variance to allow lot coverage to be increased to 74.89% on Lot 1, the present location of t he Home Depot. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), Business (B), and Industrial (IND) Zoning Districts. 7:06 PM Appeal No. 2026-033 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-56 Schedule of Off-Street Parking Requirements. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes are proposed to the existing plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being requested. The Page 3 of 4 3 Applicant seeks a Variance to allow 127 parking spaces where 168 are required on Lot 2. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), Business (B), and Industrial (IND) Zoning Districts. 7:07 PM Appeal No. 2026-034 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-35 F. (3) Groundwater Protection Overlay District Lot Coverage. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes ar e proposed to the existing plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being requested. The Applicant seeks a Variance to allow lot coverage to be increased to 66.67% on Lot 2, a presently vacant location. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), Busi ness (B), and Industrial (IND) Zoning Districts. 7:08 PM Appeal No. 2026-035 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-33 E. Industrial District Bulk Regulations. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes are proposed to the existing plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being requested. A small piece of th e building on Lot 2 is located in the Industrial Zone, where a 30-foot side yard setback is required. The Applicant seeks a Variance to allow a side yard setback of 0 feet. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), Business (B), and Industrial (IND) Zoning Districts. 7:09 PM Appeal No. 2026-036 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-33 F. and 240-32 F. Special Screening Standards. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes are proposed to the existing plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being requested. The Applica nt seeks a Variance to allow side buffer strip of 0 feet where 30 feet is required on Lot 2. The subject property is located at 65 Indep endence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), Business (B), and Indu strial (IND) Zoning Districts. 7:10 PM Appeal No. 2026-037 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-33 E. Industrial District Bulk Regulations. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes are proposed to the existing plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being requested. Lot 3 presently is the location of Kohl’s. A portion of a party wall located in the Industrial Zone abuts the side yard lot line. The Applicant is requesting a Variance to reduce the required 30-foot side yard setback to 0 feet. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), Business (B), and Industrial (IND) Zoning Districts. 7:11 PM Appeal No. 2026-038 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-33 F. and 240-32 F. Special Screening Standards. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes are proposed to the existi ng plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being requested. Lot 3 is pr esently the location of Kohl’s. The Applicant seeks a Variance to allow a side buffer strip of 0 feet where 30 feet is required. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), Business (B), and Industr ial (IND) Zoning Districts. 7:12 PM Appeal No. 2026-039 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-33 F. and 240-32 F. Special Screening Standards. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes are proposed to the existi ng plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being requested. Lot 4 is th e former location of Whole Foods. The Applicant seeks a Variance to allow a rear buffer strip of 10 feet where 30 feet is required. Th e subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), Business (B), an d Industrial (IND) Zoning Districts. Page 4 of 4 4 7:13 PM Appeal No. 2026-040 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-25 D. Highway Business District Bulk Regulations. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes are proposed to the existing plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being requested. Lot 4 is the former location of Whole Foods. The Applicant seeks a Variance to allow a 5-foot side yard setback where a 10-foot side yard setback is required. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown o n Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highw ay Business (HB), Business (B), and Industrial (IND) Zoning Districts. 7:14 PM Appeal No. 2026-041 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-33 E. Industrial District Bulk Regulations. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes are proposed to the existing plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being requested. Lot 4 is the form er location of Whole Foods. The Applicant seeks a Variance to allow a 10-foot rear yard setback where a 30-foot rear yard setback is required. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), B usiness (B), and Industrial (IND) Zoning Districts. 7:15 PM Appeal No. 2026-042 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-25 D. Highway Business District Bulk Regulations. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes are proposed to the existing plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being reques ted. Lot 5 is presently the location of Ethan Allen. The Applicant seeks a Variance to allow a 5-foot side yard setback where a 10-foot side yard setback is required. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highw ay Business (HB), Business (B), and Industrial (IND) Zoning Districts. 7:16 PM Appeal No. 2026-043 CR Southwind, LLC CR Southwind, LLC has applied for a Variance pursuant to Section 240-33 F. and 240-32 F. Special Screening Standards. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot into 6 separate lots. No changes are proposed to the existing plaza, but the separation of the single lot into 6 new lots created nonconformities for which relief is being requested. Lot 5 is pr esently the location of Ethan Allen. Section 240-33 F of the Zoning Ordinance provides that the special screening requirements set forth in Section 240-32 F of the Zoning Ordinance apply to retail uses in the Industrial Zoning District. To the extent that t he provisions of Section 240-33F and 240-32F apply, the Petitioner requests a variance. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 as Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), Business (B), and Industrial (IND) Zoning Districts. Correspondence None Matters Not Reasonably Anticipated by the Chair Upcoming Hearings September 23, 2026 (remote), October 14, 2026 (remote), October 28, 2026 (remote) Adjournment