HomeMy WebLinkAboutSR-2024-040 25 Falmouth Rd LLC for 95 and 123 Falmouth Rd HY appeal of BC Decision
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Appeal No. 2024-040 – 25 Falmouth Road LLC
Appeal of Building Commissioners Determination
Date: October 22, 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
123 Falmouth Road, Hyannis, MA
Assessor's Map/Parcel: 311/073 and 311/078
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 a letter dated September 4,
2024. The Appellant believes that the determination fails to take into account evidence and
documentation from the town records and files, which conflict with the determination and do not address
the concerns raised as set forth in the Appellant’s enforcement letters and correspondence. The subject
property is located at 95 Falmouth Road and 123 Falmouth Road, Hyannis, MA as shown on Assessor’s
Map 311, Parcels 073 and 078. Lots are located in the Highway Business (HB) and Residence B (RB)
Zoning Districts.
Appeal
The Appellant requested zoning enforcement in accordance with M.G.L. Chapter 40A Section 7 in a
letter dated February 5, 2021, and a subsequent follow up letter dated February 1, 2023, concerning
the property at 95 and 123 Falmouth Road, Hyannis, MA. The Building Commissioner denied
enforcement in a letter dated September 4, 2024. The Appellant asked the Building Commissioner to
issue a cease and desist order for parking of vehicles in a residential zoning district, for service and
repair of vehicles where a use had been abandoned in accordance with 240-11, 240-25 and 240-35
respectively and further that a use variance was granted in violation of 240-125 (ref. variance 2022-
13).
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 parcel addressed as 123 Falmouth Road, Hyannis contains
0.92 acres and contains a building of 2,080 square feet constructed in 1970.
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 Appellant requested zoning enforcement in accordance with M.G.L. Chapter 40A Section 7 in a
letter dated February 5, 2021, and a subsequent follow up letter dated February 1, 2023, concerning
the property at 95 and 123 Falmouth Road, Hyannis, MA. The Building Commissioner denied
enforcement in a letter dated September 4, 2024. The Appellant asked the Building Commissioner to
issue a cease and desist order for parking of vehicles in a residential zoning district, for service and
Zoning Board of Appeals – Planning and Development Department Staff Report
Appeal No. 2024-040 – 25 Falmouth Road LLC
2
repair of vehicles where a use had been abandoned in accordance with 240-11, 240-25 and 240-35
respectively and further that a use variance was granted in violation of 240-125 (ref. variance 2022-
13).
Findings
The Board shall make findings when either voting to uphold or overrule the Building Commissioner’s
denial for zoning enforcement. 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 denial for zoning enforcement at 95
Falmouth Road, Hyannis, and 123 Falmouth Road, Hyannis, the Board should consider the following
finding:
1. The Board affirms the Building Commissioner’s denial for zoning enforcement in a letter dated
September 4, 2024, regarding the uses at 95 Falmouth Road, Hyannis and 123 Falmouth Road,
Hyannis.
Should the Board wish to overrule the Building Commissioner’s denial for zoning enforcement at 95
Falmouth Road, Hyannis and 123 Falmouth Road, Hyannis, the Board should consider the following
finding:
1. The Board finds that the uses at 95 Falmouth Road, Hyannis and 123 Falmouth Road, Hyannis
are in violation of M.G.L. Chapter 40A Sections 7,8, and 15.
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