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Town of Barnstable
Zoning Board of Appeals
Variance-minimum Lot Area
Appeal No. 1994-70
Petition Summary Granted with Conditions .
Applicant/Owner Thomas B.Powers,Individually,&Trustee
Osterville Woods Trust
Address: 100 Channel Point Road,Hyannis MA
Property Location: Jason's Lane/Joby's Lane,Osterville,MA
Assessor's Map/Parcel' Map 120-096+Map 121-120,421,-122,-125,-126
(Proposed Parcel A= 120-096, 121-120+parts of 121-121
and 121-125; Proposed Parcel B with existing dwelling=
121-122, 121-125,+part of 121-121 and 121-125)
Zoning: RC-Residential C District
Applicant's Request: Variance to Section 3-1.3 (5),Bulk Regulations,Minimum
Lot Upland Area.
Activity Request: To permit a lot noted as Parcel A containing 46,792 sq.ft.,
but with only 32,199 sq.ft.of upland(under one acre of
upland)to be buildable and to permit future construction of a
single family residence
Procedural Provisions: Section 5-3.2(3): Variances
Background Information:
The locus is composed of six vacant parcels approximately 1/3 acre each[one on Map 120,Parcel 096,the
remaining five on Map 121,Parcels 120,121,122,125 and 126]which are proposed to be forryilly
combined and then divided into two lots[Parcel A and B]. The resulting proposed"Parcel B" is
permitted under zoning"as of right"as far as lot size and minimum upland is concerned. This variance
request to the minimum required upland of one acre pertains only to"Parcel A".
The proposed new parcel plan is shown on a"Study Plan for Thomas B.Powers,Lots 27, 120,& 121
Joby's Lane,Lots 115, 116,& 117 Jason's Lane,Osterville Mass."by Baxter&Nye,Inc. dated April 28,
1994,as last revised July 6, 1994.
A building permit has been issued for the construction of the dwelling located off Joby's Lane on
subdivision Lots 121 and 120,which are proposed to be incorporated within"Parcel B" (respectively
assessor Map/Parcel 12 1-125 and 121-126). According to the Planning Board files there is pending work
to be completed on Joby's Lane(Letter from Acting Town Engineer dated October 15, 1993 to Planning
Board attached).
Decision and Notice: Appeal No.: 1994-70
Variance-Minimum Lot Area-Thomas B.Powers: Trustee
Procedural Summary:
Filed with Town Hall and Zoning Board of Appeals on July 7, 1994 and scheduled for hearing on August
3, 1994. Board Members sitting on this appeal are: R.Thorne,E. Glynn,R. Boy;D.Bliss, Chairman G.
Nightingale.
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Attorney John Hopkins representing the applicant wishes to re-subdivide six lots into two lots.
Parcel A will consist of Lots 27, 115, 116 and equals 46,800 feet but only 32,000 feet are uplands. This
parcel has a wetland and any development will need conservation commission approval.
Parcel B will consist of Lots 117, 120, 121 and is permitted under zoning"as of right".
This proposal appears to be beneficial to the neighborhood as it is would produce less traffic,confusion
and congestion.
Parcel A needs a variance because it only has 32,199 sq.ft.of upland. It will be rather strangely
reconfigured as to shape but Attorney Hopkins said most of it would be left in a natural state. The house
will be built on the section of the expanded lot previously known as Lot 27 and part of Lot 115.
Mr.Powers testified that the drive and the catch basins are completed and approved by the Planning
Board.
Public comment:
Richard Enfrin stated he was not opposed and it seemed good but he would like to see the plans.
Attorney Hopkins and Mr. Powers showed and explained the plans to him and other members of the
public who were interested. In opposition,John Alger, Attorney spoke for Caroline Rollin,who owns the
lot on the North side of Jason's Lane opposite 116. He said the wetland Parcel A is a pond and so he
asked that access be from Joby's Lane and any permission granted would be contingent on approval by the
Conservation Commission. Also the Joby's Lane turnaround is necessary and the Planning Board should
look at keeping it there.
Attorney Hopkins wished to rebut and said there would be no intention to have access onto Jason's Lane.
Mr. Powers will use Joby's Lane as a driveway,one servicing the house on Lot 121 and one servicing the
house on Lot 27.
Francis Epstein spoke saying she lived at 24 Jason's Lane and she did not understand this situation but
does not want anything to interfere with Jason's Lane. Chairman Nightingale said she did not think that
this would interfere and if fact would keep traffic off of Jason's Lane.
FINDINGS:
1. The petitioner is in control of six lots which are indicated on a subdivision plan as:
27, 120 and 121 on Joby's Lane and 115, 116 and 117 on Jason's Lane.
2. Applicant has five potential building lots.
3. The Petitioner has proposed to combine Lots.27, 115 and 116 into Parcel A and has indicated he
intends to construct one single family dwelling on Lot 27 with access only to Joby's Lane.
4. The Petitioner is proposing to merge Lots 117, 120 and 121 into one lot called Parcel B and has
indicated that he is building,one single family dwelling which would be on lot 121 with access
only to Joby's Lane.
5. The merger of the three lots into Parcel A and Parcel B each merging three lots would be a
substantial enhancement to the neighborhood.
6. Granting of this permit would lower potential traffic,enhance the protection of the wetland that
covers Lot 116 and parts of 115 and 117.
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Decision and Notice: Appeal No.: 1994-70
Variance-Minimum Lot Area-Thomas B.Powers:Trustee
7. The applicant has agreed not to create any access from Jason's Lane and access would be off on
Joby's Lane only.
8. The applicant has testified that the Planning Department has approved the essential
abandonment of the cul-de-sac in favor of the driveway and the turnaround which is at the
edge of.the property line for Lot 27.
9. The applicant has testified that he has satisfied at least the outstanding requirements of the
Planning Board relative to seeding and vegetation on Joby's Lane.
10. The applicant has testified that he will be applying to the Planning Board for the new subdivision
plan.
11. The applicant has agreed that any construction or change to the Lots within 100 feet of the
wetland will be taken to the Conservation Commission for its approval.
VOTE:
AYE: R.Thorne,E. Glynn,R Boy,D.Bliss,Chairman G.
Nightingale
NAY: None
Conclusion:
Motion was made by D.Bliss and seconded by R.Boy to grant the relief requested in Appeal Number
1994-70 with the following conditions:
1. To merge the six lots in question into two parcels being Parcel A and Parcel B as per plan.
2. Parcel A contains a total of 46,792 sq.ft. which is more than an acre. The applicant will build
on this parcel with only 32,199 sq.ft. of upland which is under the acre requirement but this
would not be considered a substantial detriment to the neighborhood.:
3. No access will be created from either of the lots onto Jason's Lane.
4. All requirements of the Board of Health,the Conservation Commission and the Building
Department be met.
5. The applicant must apply to the Planning Board for a change to the subdivision plan.
6. In the granting of this permit,the property will be deeded into common ownership for Parcel
A and a separate common ownership for Parcel B.
VOTE:
AYE: R.Thorne,E. Glynn,R.Boy,D.Bliss and Chairman G.Nightingale
NAY-- None
Order:
Appeal No. 1994-70 for a variance has been granted with conditions.
This variance must be recorded at the Registry of Deeds and the petitioner has one year in which to
exercise the Variance.
Appeals of this decision,if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter
40A, Section 17,within twenty(20)days after the date of the filing of this decision in the office of the
Town Clerk.
G 1 Nightingale, hairman Date Signed
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Decision and Notice: Appeal No.: 1994-70
Variance-Minimum Lot Area-Thomas B.Powers: Trustee
I Linda Leppanen,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that
twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of
the decision has been filed in the office of the Town Clerk.
Signed and sealed this day of 19 under the pains and penalties of
pet ury.
Linda Leppanen, Town Clerk
copies Applicant/Attorney
Building Commissioner
ZBA File
4
TO4111 OF nARMSTAALE
' Zoning hoard of APpeall,
Application to Petition for a Variance
Date Received For Office Use only:
Town Clerk Office Appeal #
tearing Date
>ecision Due _
73
The undersigned hereby applies to the Zoning Boat= of 'A-ppeals for a variance from
the Zoning ordinance, in the manner and for the Eea9ons -liereinafter set forth:
Thomas B. Powers , individ0Eally..and
Petitioner Name: trustee of uster_vi_1.1 Woods Trust. Phone 778-5120
Petitioner Address: 100 Channel Point Road, H&annit, MA
Property Location: Jason ' s Lane and Joby ' s Lane , osterville, MA
Thomas B. Powers , individually and phone778-5120
Property owner: trustee of os ery Me Woods Trust.
Address of owner: 100 Channel Point Road, Hyannis, MA
If petitioner differs from owner, state nature of interest:
Number of Years owned- 7 to 15 years
Assessor's Map/Parcel Number: 120/96 , Map 121/ 20 , 121 & 125
Zoning District: i • RC
Groundwater overlay District: Gp
bulk regulations
Variance Requested: 3-1 3 RC, RD, RF-1 and RG residential district-Sec . 5/
Cite section 6 Title of the Zoning. Ordinance
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Description of Variance Requested: to vary the minimum lot area requirement
a to permit cons tructi on og a single family rPGi r7 containin
46, 792 square feet, but with 32 , 199 square feet of upland.
Description 'of the Reason and/or Need for the Variance: See Addendum A
Discretion of Construction Activity (if applicable) ; Not a 1 icable
Exint-ing Level of Developmoc:t of t:liu Proporfy - Number of Buildings: None
Present Use(s) : Gross Floor Area: sq. ft.
Proposed Gross Floor Area to be Added: Altered:
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Application to Petition for variance
Is the property within a. Historic District? Yes [] No [X7
Is the property a Designated Landmark? Yes [] No [Q
For Historic Department Use only:
Not Applicable . . . . . . . . . . . . . .. 09
OKH Plan Review Number
Date Approved-
` Signature:
Have you applied for a building permit? Yes [] No �]
Has the Building Inspector refused a permit? Yes [] No fKj
All applications for a Variance which proposes a change in use, new
construction, reconstruction, alterations or expansion, except for single
or two-family dwellings, will require an approved Site Plan (see Section 4-
7.3 of the Zoning ordinance) . That process should be completed prior to
submitting this application to the Zoning Board of Appeals.
For Building Department Use Only:
Not Required . . . .. . . . . . . . . . . . . Il
Site Plan Review Number
Date Approved
Signature:
The followings information must be submitted with the Petition at the time
of filing, without such information the Board of Appeals may deny your
request:
Three (3) copies of the completed Application Form, each with
original signatures.
Five (5) copies of a certified property survey (plot plan) showing
the dimensions of the land; all wetlands, water bodies, surrounding
roadways and the location of the existing improvements on the land.
All proposed development activities, except single and two-family
housing development, will require five (5) copies of a proposed site
improvements plan approved by the site Plan Review Committee. This
plan must show the exact location of all proposed improvements and
alterations on the land and to structures. See •Contents of site
Plan:" Section 4-7.5 of the Zoning ordinance, for detail
requirements.
The petitioner may submit- any additional supporting documents to
assist the' Boar# in mAking its determi on.
Signature: Date:
Pe tiael or gents igna ure
Agent's Address: ..10 5 Phone: '771- F_UZr-e
PCP UO)( Fax No.
ADDENDUM A
Description of the reason and/or need for the variance
The locus involves a resubdivision of six (6) lots (of which, it is
believed five (5) are buildable) into two (2) lots, Parcel A and
Parcel B (as shown on the submitted plan) . Parcel A, (as shown on the
plan) is a resubdivision of two (2) full lots and a portion of two (2)
of others, which when combined have an area of 46, 792 sq. ft. , of
which only 32 , 199 sq. ft. is upland. Lots 27 (Assessor Map lot 120,
Page 96) is owned by the petitioner individually. Lot 115 (Map 121,
Parcel 120) is -owned by the petitioner as trustee of Osterville Woods
Trust. It is believed that these two (2) lots are buildable in their
own right. The remainder of Parcel A is a portion of Lot 116 (Map
121, Parcel 121) , owned by petitioner individually, and a portion of
Lot 120 (map 121, page 125) owned by petitioner as trustee.
If the variance is allowed, the result will be two (2) single family
dwellings on the combined lots, rather than four, (4) , five (5) or six
(6) single family dwellings on the existing lots.
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PAR: R1ZO 096.
KEY: 62666 TAX CODE:300
POWERS• THOMAS B
BOX 727
W:YARMOUTH MA 02673-0000
PAR: R121 120. PAR:. R121 121.- --- - --- PAR: R121 ' 122.
KEY: 64691 -TAX CODE:300 KEY: 64708 TAX CODE:300 KEY: 64717.TAX CODE:300
POWERS. THOMAS 8 TRUSTEE POWERS• •THOMAS 8 POWERS..-THOMAS B TRUSTEE
OSTERVILLE WOODS'TRUST BOX 727 OSTERVILLE WOODS TRUST
BOX 727 W YARMOUTH MA 02673-0000 BOX-727
WEST- YARMOUTH MA 02673-0000 WEST•YARMOUTH MA 02673-0000
PAR: R121 . 125. PAR: R121 126. PAR: R120 076.
KEY: 64744 TAX-CODE:300 KEY: 64753 TAX-CODE:300 KEY: 624611•TAX CODE:300
POWERS. THOMAS 8 POWERS. . THOMAS 8 SANFORD. ROSERT-C & ANDREA
PO BOX 727 PO BOX 727 85 HICKORY HILL-CIR
W YARMOUTH MA 02673-0000 W YARMOUTH MA-02673-0000 OSTERVILLE !MA. 02655-0000
PAR: R1ZO 077. PAR: R120 086. PAR: R120 093.
KEY: 62470 TAX CODE:300 KEY: 62568 TAX CODE:300 KEY: 62639 TAX CODE:300
HAYDON• RUSSELL B GIAVIS. SOFIA BARRETTP DONNA T.
87 HICKORY.HILL CIRCLE 130 RAVEN RD 70 JOSYS LANE
OSTERVILLE MA 02655-1322 LOWELL MA 01852-0000 OSTERVILLE MA 02655-0000
PAR: R120 094. PAR: R120 095. PAR: R120 102.
KEY: 62648 TAX CODE:300 KEY: 62657 TAX CODE:300 KEY: 62728:TAX CODE:300
EFRON• ILENE N EFRON• SCOTT A CROSSLEY. WILLIAM & ELEANOR
30 MASSAPOAG AVE %ILENE�N EFRON 83 HICKORY HILL CIRC
SHARON MA 02067-0000 30 MASSAPOAG AVE OSTERVILLE MA 02655-0000
SHARON MA.02607-0000
PAR: R120 117. PAR: R120 119. +i PAR: ' R120 120.
KEY: 62871 TAX CODE:300 KEY: 62899 TAX• CODE:300 KEY: ' 62906TAX CODE:300
BERLET. BOBBIE J FLANAGAN# THOMAS NOONAN• ELEANOR M
183 STURBRIDGE DRIVE MARILY FLANAGAN BOX 797
OSTERVILLE MA 02655-0000 P 0 BOX .771 OSTERVILLE MA 02655-0000
OSTERVILLE MA 02655-0000
PAR: R120 121. PAR: R120 122. K PAR: R120 123.
KEY: 62915 TAX CODE:300 KEY: 62924 TAX CODE:300 KEY: 62933:TAX CODE:300
REEK. JOHN F & DOROTHY P LOPES. ELIZABETH•M CAHILL•. HENRY E
63 CHESTNUT HILL AVE 131 OLDHAM-ROAD ' 8ETTY:M CAHILL
BRIGHTON MA 02135-0000 OSTERVILLE MA 02655-0000 146 OLDHAM RD
OSTERVILLE MA 02655-0000
PAR: R120 124. PAR: RI.20 12-5. PAR: R120 126.
-
KEY: 62942 TAX CODE:300 KEY: • 62951 TAX CODE:300 KEY: 62960 TAX CODE:300
NOWD. MAUREEN GIALOPSOS• PHILIP G & PATSOURAKOS. ELAINE &
28 DUNCKLEE ST GI.ALOPSOS• CONSTANCE NATSIOS• ANDREA
BRIGHTON MA 02135-0000 5 O'LOUGHLIN DR 59 ROSEMONT AVE
TEWKSBURY MA 01876-0000 WALTHAM MA 02154-0000
PAR: R120. 127. PAR: R120 128. PAR: R120 129.
KEY: 62979 TAX CODE:300 KEY: 62988 TAX CODE:300 KEY: 62997 TAX CODE:300
VALENTINO. CHARLES A WYATT,, ELIZABETH`ANN ANDERSON•. JOSEPH R & SUSAN
VALENTINO•_ R08ERTA S _161 OLDHAM ROAD _,. 28 SHEPHERDS PATH
22 COLGATE RD OSTERVILLE MA 02655-0000 MARSHFIELD MA 02050-0000
WELLESLEY MA 02181-0000 7
PAR: R120 130. PAR: R120 131. PAR: R121 '107.
KEY: 63.004 TAX CODE:300 KEY: 63013 TAX-CODE:300 KEY: 64566 TAX CODE:300
POWERS• THOMAS B REEN• ALICE P BOUKALIS• TITICA J 8 MARINA
3OX 727 186 OLDHAM RD 443 VFW PARKWAY
W YARMOUTH MA 02673-0000 OSTERVILLE MA 02655-0000 CHESTNUT HILL MA 02167-0000
PAR: R121 108. PAR: R121 109. PAR: R121 110.
KEY: 64575 TAX CODE:300 KEY: 64584 TAX CODE:300 KEY: 64593 TAX CODE:300
(ENNY• THOMAS F 8 JOAN M HIGGINS• GARY N B.JANE E WOODS* ALFREO 'M
37 BATESW000 RD 113 GUNSTOCK RD 11iRAOCLIFFE;RD
WATERBURY CT 06706-0000 OSTERVILLE MA 02655-0000 N CHELMSFORD MA 01863-0000
'AR: R121 . 111. PAR: R121 113. --� - -- - -_ -R _
'EY: 64600 TAX CODE:300 KEY: 64628 TAX-CODE:300 KEY: 1264637 TAX .CODE:300
IACDONALD• ALLEN V 8 OMEARA• WILLIAM J ROWLAND• CAROLYN C
1ACDONALO• CLAIRE M OMEARA, PRISCILLA; F. FOX ISLAND RO BOX 246
39-GUNSTOCK RD 44 JASONS LN OSTERVILLE 'MA 02655-0000
)STERVILLE MA 02655-0000 OSTERVILLE MA 02655-0000
'AR: R121 . 115. PAR: R121 116. PAR: R121 '117.
.EY: 64646 TAX CODE:300 KEY: 64655 TAX CODE:300 -.KEY: 64664 TAX CODE:300
lAILLANCOURT• MARY V LLOYD• MARY. A . SMITH• MICHAEL PfTR 8
)4.JASONS LANE 74 JASONS LANE GOGGINS. PATRICK M TR
•STERVILLE MA 02655-0000 OSTERVILLE MA 02655-0000 JASON'S LANE RLTY -TRUST
29 CAPTAIN SEAVER RD
BROOKLINE NH 03033-0000
AR: R121 118. PAR: R121 119. PAR: R121 123.
.EY: 64673 TAX CODE:300 KEY: 64682 TAX-CODE:300 KEY: 64726 TAX CODE:300
,ALANTE• RICHARD J 8 LOWE• JEFFREY.W 8 VIRGINIA NEWKIRK• RACHEL A
ALANTE• DIANE C BOX 1122 60 CONNORS RD
26 CONCORD AVE OSTERVILLE MA 02655-0000 CENTERVILLE MA 02632-0000
�XTON PA 19341-1818
I
'AR: R121 124. PAR: R121 127. f PAR: R121 128.
EY: 64735 TAX CODE:300 KEY: 64762 TAX CODE:300 KEY: 64771 'TAX CODE:300
GRADY• VICTORIA F OHARA• WALLACE W 8 RUTH EPSTINE• .FRANCES V
17 VILLAGE ST 34 JASON LANE 24 JASONS LANE
ILLIS MA 02054-0000 OSTERVILLE MA 02655-0000 OSTERVILLE , MA 02655-0000
AR: R121 129. PAR: R121 130. - = PAR: 4121 131. "__ ._..._..
EY: 64780 TAX CODE:300 KEY: 64799 TAX CODE:300 KEY: 64806 TAX CODE:300
ALLINARO• COSMO 6 JAMGOCHIAN• ROBERT 8 GRAYCE ROT. WARREN J &.JOANNE M
ALLINARO• CATHERINE 55 ROBBINS RD 101 SPRING HILL.RO
BERNARD RD WATERTOWN MA 02172-0000 N ANDOVER MA 01845-0000
BURN MA 01801-0000
1R: R121 132. PAR: R121 133. PAR: R144 032.
:Y: 64815 TAX COOE:300 KEY: 64824 TAX CODE:300 KEY: 80272 TAX CODE:300
LNG• RAYMOND B SR 8 TACITO• C CHARLES BARNSTABLE• TOWN OF
1NG• JANET R TACITO• MARGARET B 367 MAIN STREET
JASON'S LANE 29 WALNUT ST HTANHIS MA 02601-0000
;TERVILLE MA 02655-0000 ARLINGTON MA 02174-0000
iR: R144 033. PAR: R144 034. PAR: R145 005.
Y: 80281 TAX CODE:300 KEY: 80290 TAX CODE:300 _KEY: 80389 TAX CODE:300
RPIN• HENRY D 8 EDNA F MAGOWAN. KENNETH LACEY• JOHN A 8 MARIE V
1 OLDHAM RD MAGOWAN, KATHLEEN S 7 CHLSHOLM RD
TERVILLE MA 02655-0000 635 EDGEBROOK OR WINCHESTER MA 01810-0000
BOYLSTON MA 01505-0000
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PAR: R145 010. PAR: R145 012. PAR: R145 013.
KEY: 80450 TAX CODE:300 KEY: 80478 TAX :CODE:300 KEYz 80487 TAX CODE:300
FOURNIERo, FRANCIS D 8 LYDON. .JAMES P BARKER• WENDY
• FOURNIER. PATRICIA A LYDON..JOHN JOSEPH/CHARLES 236 OLDHAM RD
196 OLDHAM ROAD 19 WINN VALLEY.OR OSTERVILLE MA 02655-0000
F OSTERVILLE NA 02655-0000 BURLINGTON MA 01803-0000
PAR: R145 014. PAR: 029 030.
KEY: 80496 TAX CODE:300 KEY: R1480637•TAX CODE:300 KEY:PAR: R1480646 TAX CODE:300
RADOSTA. CHARLENE A DEBS..JEAN A VASYS• JONAS 8 BERNICE
9 FALCONER CIRCLE 69 BOWKER ST 132 ROSEMARY RD
YALTHAN MA 02154-0000 WORCESTER MA. 01604-0000 DEDHAM MA 02026-0000
PAR: R145 031.
PAR: R145 032. PAR: R145 035.
KEY: 80655 655 TAX CODE:300 KEY: 80664 TAX CODE:300 KEY: 80691 ;TAX CODE:300
TORRISI.- CARMINE R SHORTSLEEVE• MARGARET.K 8 FILE* DAMES 8. P:HYIIIS
65 EASI• HELENE S SHORTSLEEVE• MICHAEL J ' BOX 482 MAIN'ST
ST.iNDIA ROM 19 BONNIE BRIAR' DRIVE BARNSTABLE MA 02630-0000
80STON MA 02110-3389 OSTERVILLE MA 02655-0000
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R121 112
BEATRICE BERKOWITZ
116 RIDGE AVENUE
NEWTON CENTER, MA . 02159
APPEAL NO.1994-71 8:15 P.M. LEGAL NOTICES
Albert F.Laub and Gail Laub,have ap- TOWN OF BARNSTABLE
pealed to the Zoning Board of Appeals ZONING BOARD OF APPEALS
for an Enforcement Action in the matter MEETING OF AUGUST 03,1994
of the construction of an accessory build- NOTICE OF PUBLIC HEARING -
ing at 878 Seaview Avenue,Osterville, UNDER THE ZONING
! MA, Assessors Map 090, Parcel 002- ORDINANCE
002.The applicants am-aggrieved by the '
construction and have requested the per- To all persons deemed interested or af. r.
mit issued to be suspended for non-com- fected by the Board of Appeals, under
pliance with the Zoning Ordinance.Sec- Sec. l I of Chap.40A of General Laws of
tion 4-1.1.Accessory useL The property theCommonwealth Of Massachusetts and
is in anRF-1 Residential Zoning District. all amendments thereto,you are hereby
A PUBLIC HEARING WILL BE HELD notified that: iF
ON THIS PETITION AT 9:15 P.M. APPEAL NO. 1994-68 7:30 P.M.
APPEAL NO.1994-72 ' 8:30P.M. Shirley M.Bolinder.Trustee ofthe Shirley
Paul J.April Jr.Trustee has appealed to M. Bolinder Revocable Trust has peti- r
the Zoning Board of Appeals for a Spe- tioned the Barnstable Zoning Board of
cial Permit in accordance with the ton- Appeals for a Variance to Section 3-1.1
ing Ordinance, Section 4.4, Non-Con- (5).Bulk Regulations,MinimumLotArea
forming Uses to permitprofessional of- : and Minimum Lot Width of the Zoning
fice use as shown on Assessors Map 310. Ordinance,to permit an undersized lot to
Parcel 179, commonly addressed 290 be considered buildable under zoning.
Winter Street,Hyannis.MA in an RB The lot is shown on.Assessor's Map 193,
Zoning District. Parcels 19 and 20,commonly addressed
APUBLIGHEARINGWR.L BEHELD as587Shootflying Hill Road,Centerville,
"ON THIS PETITION AT 8:30 P.M. MA in an RD-1 Zoning District.
APPEAL NO.1994-73 8:30 P.M. `. A PUBLIC HEARING WILL BE HELD
Paul J.April Jr.Trustee bas appealed to ON THIS PETITION AT 7:30 P.M.
.the Zoning Board of Appeals for a Use t . APPEAL NO.1994-69 7:45 P.M.
Variance in accordance Section 5-3.2 of , Elaine M. Wilde has appealed to the
the ZoningOrdinance.AUseVariance is , Barnstable Zoning.Board•of Appeals for
sought to Section 3-IA.Permitted Uses a Variance to Section 2-3.4,Lot Shape
to allow for professional offices and fora Factor to permit the division of land into
Variance to Section 4-35. Signs in a i three lots,one of which is located to a
Residential District. This relief is being j depth greater than two lots from theprin-
soughtin the alternative toretiefrequested ciP2I way-and a!Vaiiance to Section 3-
in Appeal No. 1994-72 for a non-con- 1.3(5)Bulk Regulations 10 permit exist-
forming use and a previous continued ing structures.not in conformance to the
Appeal No.1994-60 for asign variance. required setbacks established in the dis-
The site of this appeal is shown as trict•'Me Property is shown onAssessor's '
Assessors Map 310, Paroel 179,com- Map 114,Parcels 45 and 46 commonly
monly addressed 290 WirmrStreet.Hy- addressed as 541 Sea View-Avenue,Os-
annis.MA in an RB Zoning Distria terville,MA in an RF 1 Zoning District.
A PUBLICHEARING WILLBE HELD A PUBLIC HEARING WILL BE HELD '
ON THIS PETITION AT 830 P.M. ON THIS PETITION AT 7:45 P.M.
These hearings willbehc1din the Second APPEAL NO.1994-70 8:00PM
Floor Hearing Room.New Town Hall. Thomas B. Powers, individually and
367 Main Street, Hyannis. Massachu- trustee of Osterville Woods Trust has
setts on Wednesday evening,August 3, petitioned the Barnstable Zoning Board
1994. - of Appeals for a Variance to the Zoning
RICHARD L BOY.CHAIRMAN Ordinance,Section 3-1.3(5)Bulk Regu-
ZONING BOARD OF APPEALS lations,Minimum Lot Area to permit the
creation of an undersized lot,on Assessors
The Bamstable Patriot Map 120.Parcel 096 and Map 121.Par-
July 21&July 28, 1994 cell 120,121 and 125. The proposed lot
is shown as "Parcel A" on a Proposed
plan titled "Study Plan for Thomas B.
Powers"and filed at the Zoning Board of
Appeals Office. The proposed lot fronts
onto Jason's Lane and Joby's Lane in
Osterville. MA, in an RC Zoning Dis-
trict.
A PUBLIC HEARING W ILL BE HELD
ON THIS PETITION AT 8:00 P.M.