HomeMy WebLinkAboutSR-2024-036 Hyannis Series Four LLC 48 Greenwood Ave HY appeal of BC Decision
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Appeal No. 2024-036 – Hyannis Series Four LLC
Appeal of Building Commissioners Determination
Date: October 8, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Appellant/Owner: Hyannis Series Four, LLC/Nancy Johnson
Address of Owner: 137 Bluff Road, Hyannis, MA
Subject Property: 48 Greenwood, Hyannis, MA
Assessor's Map/Parcel: 289/138
Zoning: Residence B (RB)
Filed: September 17, 2024 Hearing: October 23, 2024 Decision Due: December 27, 2024
Copy of Notice
Hyannis Series Four, LLC has filed an Appeal of an Administrative Official’s Decision in accordance
with 240-11(A)(1) Principal Permitted Uses in the RB, RD-1, and RF-2 Residential Districts. The
Appellant seeks to overturn the Order to Cease, Desist, and Abate dated August 2, 2024. In the Notice
of Zoning Ordinance Violation letter, the Chief Local Inspector stated that they observed a violation of
Chapter 240-11(A)(1), namely, an apartment created on the second floor of a building used as a lodging
house. The property is not owner-occupied and is not eligible under Chapter 240-47.1 Family
Apartments or Chapter 240-47.2 Accessory Dwelling Units for a second unit as of right. The subject
property is located at 48 Greenwood Ave, Hyannis, MA as shown on Assessor’s Map 289 as Parcel
138. It is located in the Residence B (RB) Zoning District.
Appeal
This matter involves an appeal of the Building Commissioners Determination made on August 2, 2024
regarding the illegal apartment created on the second floor of the lodging house at 48 Greenwood
Avenue, Hyannis.
The Building Commissioner made the following determination:
1. On July 7, 2023 I observed violation(s) of the Barnstable Zoning Ordinance Chapter 240
Section 11 (A) (1). Specifically, I observed an apartment created on the second floor of a
building used as a lodging house. The property is not owner-occupied and is not eligible
under Chapter 240-47.1 (Family Apartments) or Chapter 240-47.2 (Accessory Dwelling Units)
for a second unit as of right.
The Appellant seeks to overturn the Building Commissioners determination and states the building has
always been rental housing as a pre-existing nonconforming use and also states under Session Law,
Acts of 2024 Chapter 150, the Legislature of the Commonwealth has just repealed and/or superseded,
any and all town zoning by-laws, rules and regulations that requires such rental home to be owner-
occupied, and all other requirements for additional permits, and or special permits and/or variances.
Background
According to the Assessors record, the parcel addressed as 48 Greenwood Avenue contains 0.87 acres
and contains a building with 2,560 square feet of living area (4,088 gross), 2-stories, and 8-bedrooms.
The current zoning is Residence B (RB) which allows single family dwellings as the Principal Permitted
Use.
Section 240-11 Principal permitted uses.
A.The following uses are permitted in the RB, RD-1 and RF-2 Districts:
Zoning Board of Appeals – Planning and Development Department Staff Report
Appeal No. 2024-036 – Hyannis Series Four, LLC
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(1) Single-family residential dwelling (detached).
B. Accessory uses. The following uses are permitted as accessory uses in the RB, RD-1 and
RF-2 Districts:
(1) Renting of rooms for not more than three nonfamily members by the family residing
in a single-family dwelling.
(2) Keeping, stabling and maintenance of horses subject to the following:
(a) Horses are not kept for economic gain.
(b) A minimum of 21,780 square feet of lot area is provided, except that an additional
10,890 square feet of lot area for each horse in excess of two shall be provided.
(c) All state and local health regulations are complied with.
(d)Adequate fencing is installed and maintained to contain the horses within the
property, except that the use of barbed wire is prohibited.
(e)All structures, including riding rings and fences to contain horses, conform to 50% of
the setback requirements of the district in which located.
(f)No temporary buildings, tents, trailers or packing crates are used.
(g)The area is landscaped to harmonize with the character of the neighborhood.
(h) The land is maintained so as not to create a nuisance.
(i) No outside artificial lighting is used beyond that normally used in residential districts.
C. Conditional uses. The following uses are permitted as conditional uses in the RB, RD-1 and
RF-2 Districts, provided a special permit is first obtained from the Zoning Board of Appeals
subject to the provisions of § 240-125C herein and the specific standards for such conditional
uses as required in this section:
(1)Renting of rooms to no more than six lodgers in one multiple-unit dwelling.
Procedural Review
The Building Commissioners determination is dated August 2, 2024. The Notice of Appeal of the Order
to Cease and Desist was filed on August 29, 2024. This Application for Other Powers (appeal) was
filed with the Town Clerk’s office and the Planning and Development Department, Zoning Board of
Appeals Office on September 17, 2024.
Staff Comments
The Board should be aware that Session Law, Acts of 2024 Chapter 150, as noted in the Notice of
Appeal Hyannis Series Four LLC (Nancy Johnson) vs Town of Barnstable Building Dept, does not take
effect until February 2025.
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. 2024-036 – Hyannis Series Four, LLC
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Should the Board wish to uphold the Building Commissioner’s determination that the apartment on the
second floor of 48 Greenwood Avenue, Hyannis, does not comply with the Ordinance under Chapter
240-47.1 and/or 240-47.and is in violation of the Ordinance, the Board should consider the following
finding:
1. The Board affirms the Building Commissioner’s findings that the apartment located on the
second floor at 48 Greenwood Avenue is in violation of the Town of Barnstable Zoning
Ordinance Sections 240-47.1 and 240-47.1.
Should the Board wish to overrule the Building Commissioner’s determination that the apartment on
the second floor at 48 Greenwood Avenue Hyannis is not in violation of the Ordinance, the Board should
consider the following finding:
1. The Board finds that the apartment on the second floor of 48 Greenwood Avenue, Hyannis is
not in violation of the Town of Barnstable Zoning Ordinance Sections 240-47.1 and 240-47.2.
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 Alva)
Attachments: Appeal