HomeMy WebLinkAboutAG-022824 February 28, 2024Page 1 of 2 1
Board Members
Jacob Dewey – Chair Herbert Bodensiek – Vice Chair Paul Pinard – Clerk
Emanuel Alves – Associate Member Mark Hansen – Regular Member Larry Hurwitz – Associate Member
Denise Johnson – Associate Member Aaron Webb – Regular Member Vacant – Associate Member
Betty Ludtke – Town Council Liaison
Staff Support
Elizabeth Jenkins – Director – elizabeth.jenkins@town.barnstable.ma.us
Anna Brigham – Principal Planner – anna.brigham@town.barnstable.ma.us
Genna Ziino – Administrative Assistant – genevey.ziino@town.barnstable.ma.us
Agenda
Wednesday, February 28, 2024
7:00 PM
James H. Crocker Jr. Hearing Room, 2nd Floor, Town Hall
367 Main Street, Hyannis
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, February 28, 2024, at the time indicated:
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.
Minutes
December 6, 2023 (Click HERE for materials)
January 10, 2024 (Click HERE for materials)
Old Business
7:00 PM Appeal No. 2023-014 Ernest J. Jaxtimer
Ernest J. Jaxtimer has filed an Appeal of an Administrative Official’s Decision in accordance with Barnstable Zoning Ordinance Section
240-125 B.(1)(a) and M.G.L. Chapter 40A Section 8 and Section 15. The Petitioner seeks to overturn the Notice of Zonin g Ordinance
Violation and Order to Cease, Desist, and Abate Immediately from the Building Commissioner, dated May 26, 2023. Summary of
violations determined by the Building Commissioner include Barnstable Zoning Ordinances Article II General Provisions Sections 240-
7 A, 240-10 A; Article III District Regulations Sections 240-14 A (1); Article IX Site Plan Review Sections 240-100 A, 240-101 B, 240-103
B, 240-103 C, 240-103 K, and 240-105 G. The subject properties are located at 1450 Osterville West Barnstable Road as shown on
Assessor’s Map 127 as Parcel 007 001, and 1450 Osterville West Barnstable Road #A as shown on Assessor’s Map 127 as Parcel 036.
Both properties are located in the Residence F (RF) Zoning District. Continued from July 26, 2023, September 13, 2023, November 8,
2023 and January 24, 2024.
(Click HERE for materials)
7:01 PM Appeal No. 2023-039 Baird
Daniel and Karen Baird have filed an Appeal of an Administrative Official’s Decision in accordance with 240-125 B. (1)(A) and M.G.L.
Chapter 40A Section 8. The Petitioners seek to overturn the Notice of Violatio n and Order to Cease, Desist, and Abate from the
Building Commissioner, dated September 11, 2023. Summary of violations determined by the Building Commissioner include
Barnstable Zoning Ordinance Chapter 240 Section 14 A.(1) RF Residential District and Chapter 240 Section 10C Prohibited Uses.
Specifically, the use of a trailer/camper as a substitute dwelling unit or for temporary sleeping purposes on a property without a
Town of Barnstable
Page 2 of 2 2
permitted principal dwelling. The subject property is located at 27 Falcon Road, West Barnstable, MA as on Assessor’s Map 196 as
Parcel 032. It is located in the Residence F (RF) Zoning District. Continued from December 6, 2023 and January 24, 2024.
(Click HERE for Materials)
7:02 PM Appeal No. 2023-042 Baker & Moir, as Appellants
Patricia Baker and David D. Moir, as Appellants, are appealing the issuance of Building Permit BLDR-23-780 issued on November 1,
2023 to EJ Jaxtimer for the construction of a 3,100 sq. ft., 3-bedroom home for Janet Holian, Trustee of Holian Family Realty Tr. The
subject property is located at 240 Windswept Way, Osterville, MA and 250 Windswept Way, Osterville, MA as shown on Assessor’s
Map 051 as Parcel 012-001 and 012-000, respectively. It is located in the Residence F-1 (RF-1) and the Resource Protection Overlay
District (RPOD). Continued from January 24, 2024.
(Click HERE for materials)
7:03 PM Appeal No. 2023-044 Alliegro
George and Debra Alliegro have petitioned for a Vari ance pursuant to Section 240-13 E. RF-1 Bulk Regulations – Minimum Side Yard
Setback. The Petitioners seek a variance to construct an unconditioned, screened porch over an e xisting patio 12.6 feet from the lot
line where 15 feet is required. The subject property is located at 202 Sea View Avenue, Osterville, MA as shown on Assessor’s Map
138 as Parcel 014. It is located in the RF-1 Zoning District. Continued from January 10, 2024, January 24, 2024 and February 7, 2024.
(Click HERE for materials)
7:04 PM Appeal No. 2023-045 Alliegro
George and Debra Alliegro have applied to mod ify Special Permit No. 2016-018 Modification No. 3 to allow for the construction of a
screened porch over an existing patio, which would increase the lot coverage from 16.2% to 18.3%. The subject property is located
at 202 Sea View Avenue, Osterville, MA as shown on Assessor’s Map 138 as Parcel 014. It is located in the RF-1 Zoning District.
Continued from January 10, 2024, January 24, 2024 and February 7, 2024.
(Click HERE for materials)
New Business
7:05 PM Appeal No. 2024-001 Harris
James and Carol Harris have applied for a Special Permit in accordance with Section 240-47.1 Family Apartments. The Applicants are
proposing to construct a detached two-car garage with a 785 square foot one-bedroom family apartment above. The proposed
garage will comply with all required setbacks. The property is located at 214 Tern Lane, Centerville, MA as shown on Assessors Map
192 as Parcel 029. The property is located in the Residence D-1 (RD-1) Zoning District.
(Click HERE for materials)
Correspondence
Matters Not Reasonably Anticipated by the Chair
Upcoming Hearings
March 13, 2024, March 27, 2024, April 10, 2024
Adjournment