HomeMy WebLinkAboutSR-2024-002 TFG Hyannis Hospitality 35 Scudder Ln HY appeal of BC Decision
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Appeal No. 2024-002 – TFG Hyannis Hospitality LLC
Appeal of Building Commissioners Determination
Date: February 29, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Appellant: TFG Hyannis Hospitality, LLC
177 Huntington Avenue, Suite 1703, Unit 73069, Boston, MA
Subject Property: 35 Scudder Avenue, Hyannis, MA
Assessor's Map/Parcel: 289/110
Zoning: Residence B (RB)and Downtown Village (DV)
Filed: January 10, 2024 Hearing: March 13, 2024 Decision Due: April 20, 2024
Copy of Notice
TFG Hyannis Hospitality, LLC has filed an Appeal of an Administrative Official’s Decision in accordance
with 240-125.B.(1). The Appellant seeks to overturn the Building Commissioner’s determination dated
December 12, 2023 that the project is outside of the Ground Mounted Solar Photovoltaic Overlay
District and that the proposed solar arrays are ground mounted solar arrays not permitted at the
property. The subject property is located at 35 Scudder Avenue, Hyannis, MA as shown on Assessor’s
Map 289 as Parcel 110. The property is located in the Residence B (RB) Zoning District.
Appeal
This matter involves an appeal of the Building Commissioners Determination made on December 12,
2023 regarding the proposed solar arrays at 35 Scudder Avenue, Hyannis.
The Building Commissioner made the following determinations:
1. The Scudder Ave project is outside of the Ground Mounted Solar Photovoltaic Overlay District
and therefore prohibited.
2. The solar arrays proposed are ground mounted and are subject to the Ground Mounted Solar
Photovoltaic Overlay District regulations.
The Appellant seeks to overturn the Building Commissioners determination and instead conclude that
1. The project is a permitted use at the property pursuant to MGL 40A Section 3, the Dover Amendment
and 2. the project is not a ground mounted solar photovoltaic installation as that term is used in Section
240-44.2 Ground Mounted Solar Photovoltaic Overlay District.
Background
The parcel addressed as 35 Scudder Avenue, Hyannis contains 54.54 acres, and the current use is a
resort and conference center with a golf course constructed in 1968. The current zoning is Residence
B (RB) with a small corner located in the Downtown Village (DV).
Section 240-44.2 Definition
GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
A large-scale solar photovoltaic (PV) system that is structurally mounted on the ground, not roof-
mounted, and has a nameplate capacity of at least 250 kW DC.
M.G.L Chapter 40 A Section 3 states:
Zoning Board of Appeals – Planning and Development Department Staff Report
Appeal No. 2024-002 – TFG Hyannis Hospitality LLC
2
No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy
systems or the building of structures that facilitate the collection of solar energy, except where
necessary to protect the public health, safety or welfare.
Procedural Review
This appeal was filed with the Town Clerk’s office and the Planning and Development Department,
Zoning Board of Appeals Office on January 10, 2024. The Building Commissioner determination is
dated December 12, 2023.
Findings
The Board shall make findings when either voting to uphold or overrule the Building Commissioner’s
determination. 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 35 Scudder Avenue,
Hyannis is outside of the Ground Mounted Solar Photovoltaic Overlay District and the proposed project
are ground mounted and are subject to the Overlay District Regulations, the Board should consider the
following finding:
1. The Board affirms the Building Commissioner’s findings that 35 Scudder Avenue, Hyannis is
outside of the Ground Mounted Solar Photovoltaic Overlay District and the proposed project are
ground mounted as defined in the Barnstable Zoning Ordinance and are subject to the Ground
Mounted Solar Photovoltaic Overlay District Regulations.
Should the Board wish to overrule the Building Commissioner’s determination that 35 Scudder Avenue,
Hyannis is outside of the Ground Mounted Solar Photovoltaic Overlay District and the proposed project
are ground mounted and are subject to the Overlay District Regulations, The Board should consider
the following finding:
1. The Board finds that the proposed solar project at 35 Scudder Avenue, Hyannis falls under
MGL 40A Section 3, the Dover Amendment and therefore exempt from local zoning regulations.
And/or
2. The Board finds that the proposed solar array project at 35 Scudder Avenue, Hyannis, does not
meet the definition of a ground mounted solar photovoltaic installation.
Procedural Information
Upon making findings, the Board may choose to vote to:
• Uphold the Building Commissioner’s determination; or
• Overrule the Building Commissioner’s determination,
A vote of 4 members of the Board is required to overrule the Building Commissioner’s decision.
CC: Appellant (c/o Attorney Cox)
Attachments: Appeal