HomeMy WebLinkAboutSR-2024-039 25 Falmouth Rd LLC for 95 Falmouth Rd HY appeal of BC Decision
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Appeal No. 2024-039 – 25 Falmouth Road LLC
Appeal of Building Commissioners Determination
Date: October 17, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Appellant: 25 Falmouth Road LLC
Owner: Gilbert C. Wood
Subject Property: 95 Falmouth Road, Hyannis, MA
Assessor's Map/Parcel: 311/073
Zoning: Highway Business (HB) and Residence B (RB) Districts
Filed: October 4, 2024 Hearing: November 13, 2024 Decision Due: January 12, 2025
Copy of Notice
25 Falmouth Road LLC has filed an Appeal of an Administrative Official’s Decision in accordance with
M.G.L. Chapter 40A Sections 7,8, and 15 and Section 240-88 of the Barnstable Zoning Ordinance. The
Appellant is appealing the Decision of the Building Commissioner in issuing Building Permit BLDC 22-
227, dated September 17, 2024. The permit was initially denied pending the receipt of a narrative to
explain the expansion of the mechanical bays on the property. The Appellant’s position is that the
permit fails to take into account evidence and documentation from the town records and files which
conflict with the determination to issue the Building Permit. The subject property is located at 95
Falmouth Road, Hyannis, MA as shown on Assessor’s Map 311 as Parcel 073. It is located in the
Highway Business (HB) and Residence B (RB) Zoning Districts.
Appeal
This matter involves an appeal of the Building Commissioners Decision issuance of a Building Permit
dated September 17, 2024. The Building Permit allowed interior renovations at 95 Falmouth Road,
Hyannis.
It is the Appellants position that the Building Permit fails to take into account evidence and
documentation from Town records and files which conflict with the determination to issue the Building
Permit BLC 22-227.
Background
According to the Assessors record, the parcel addressed as 95 Falmouth Road, Hyannis contains 1.54
acres and contains a building of 8,905 square feet constructed in 1960. The current zoning is Highway
Business (HB) and Residence B (RB).
The subject lot is part of a larger project which was granted Variance No. 2022-013. The Variance
was granted to allow the combination of 4 lots to serve as the campus for Copeland Subaru.
Procedural Review
The Building Commissioner issued Building Permit No. BLC 22-227 on September 17, 2024. The
Appellant appealed the issuance of the Building Permit on October 4, 2024 seeking to overturn the
Building Permit. 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 October 4, 2024.
Findings
The Board shall make findings when either voting to uphold or overrule the Building Commissioner’s
issuance of the Building Permit. 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. 2024-039 – 25 Falmouth Road LLC
2
Should the Board wish to uphold the Building Commissioner’s issuance of Building Permit BLDC 22-
227 for the interior renovations at 95 Falmouth Road, Hyannis, the Board should consider the following
finding:
1. The Board affirms the Building Commissioner’s issuance of BLDC 22-227 for interior
renovations at 95 Falmouth Road, Hyannis.
Should the Board wish to overrule the Building Commissioner’s issuance of Building Permit BLDC 22-
227 for interior renovations at 95 Falmouth Road, Hyannis, the Board should consider the following
finding:
1. The Board finds that Building Permit BLDC 22-227 fails to take into account evidence and
documentation from the Town records and files which conflict with the determination to issue
the Building Permit.
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 Ford)
Attachments: Appeal