HomeMy WebLinkAboutSR-2024-010 Trabucco 361 Straightway HY appeal of BC Decision
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Appeal No. 2024-010 – Michael Trabucco, Appellant
Appeal of Building Commissioners Determination
Date: March 28, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Appellant: Michael Trabucco
15 Oakview Terrace, Hyannis, MA
Subject Property: 361 Straightway, Hyannis, MA
Assessor's Map/Parcel: 269/233
Zoning: Residence B (RB) District
Filed: March 7, 2024 Hearing: April 10, 2024 Decision Due: June 17, 2024
Copy of Notice
Michael Trabucco has filed an Appeal of an Administrative Official’s Decision in accordance with 240 -
11 E. Bulk Regulations. The Appellant seeks to overturn the Denial of Request for Enforcement dated
March 7, 2024. In the Denial of Request for Enforcement Letter, the Building Commissioner stated that
the property in question benefits from a preexisting, nonconforming status and is subject to the single-
lot exemption outlined in M.G.L. Chapter 40A Section 6 and therefore is considered buildable. The
subject property is located at 361 Straightway, Hyannis, MA as shown on Assessor’s Map 269 as Parcel
233. It is located in the Residence B (RB) Zoning District.
Appeal
This matter involves an appeal of the Building Commissioners Determination made on March 7, 2024
regarding the buildability of 361 Straightway, Hyannis.
The Building Commissioner made the following determination:
1. The property owner, through their attorney, demonstrated that the lot benefits from a pre-
existing, nonconforming status in a letter dated October 6, 2023 by Attorney Boudreau.
The Appellant seeks to overturn the Building Commissioners determination and instead conclude that
the lot does not qualify for the pre-existing, nonconforming status and therefore unbuildable.
Background
The parcel addressed as 361 Straightway, Hyannis is a vacant, 0.28 acre lot and is located in the center
of a group of single family properties.
Section 240-11 E. Bulk Regulations for the RB District requires a lot to contain 1 acre of upland.
Procedural Review
This appeal was filed with the Town Clerk’s office and the Planning and Development Department,
Zoning Board of Appeals Office on March 7, 2024. The Building Commissioner determination is dated
March 7, 2024.
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.
Zoning Board of Appeals – Planning and Development Department Staff Report
Appeal No. 2024-010 – Trabucco Appeal
2
Should the Board wish to uphold the Building Commissioner’s determination that 361 Straightway,
Hyannis meets the criteria of a pre-existing, nonconforming lot and is therefore buildable, the Board
should consider the following finding:
1. The Board affirms the Building Commissioner’s findings that 361 Straightway, Hyannis meets
the criteria of a pre-existing, nonconforming lot and is therefore buildable.
Should the Board wish to overrule the Building Commissioner’s determination that that 361
Straightway, Hyannis meets the criteria of a pre-existing, nonconforming lot and is therefore buildable,
the Board should consider the following finding:
1. The Board finds that the lot addressed as 361 Straightway, Hyannis does not meet the criteria
of a pre-existing, nonconforming lot and is therefore not buildable.
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
Attachments: Appeal