D - 1995-155 Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal No. 1995-155-CID-TREY INC.
Appeal of Building Commissioner
Summary Withdrawn Without Prejudice
Applicant: CID-TREY, Inc-John F. Hogan Jr.
Property Address: 438 South Street, Hyannis, MA.
Assessor's Map/Parcel 308- 123 Area 27,452 sq.ft.
Zoning: RB-1 Residential B-1 Zoning District
Appeal No 95-155: Appeal of Building Commissioner's Decision according to Section 5-3.2(1). The petitioner is to present
evidence that a second apartment is in fact a use which predates the adoption of zoning.
Background:
The locus of this property is 438 South Street, Hyannis in an RB-1 Zoning District. At present, the site is developed with a
principal structure containing an office of 2,550 sq.ft. (Beltone Hearing Aids) and two apartments totaling 1,370 sq.ft. The
property also has a detached garage and parking for 10 cars.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on September 28, 1995. A
public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with
MGL Chapter 40A. The hearing was opened on November 15, 1995 and continued until January 10, 1996, at which time the
Board voted to allow the applicant to Withdraw Without Prejudice. Board members hearing this appeal on November 15, 1995
were Ron Jansson, Emmett Glynn, Richard Boy, Tom DeRiemer, and Chairman Gail Nightingale.This appeal (Appeal
Number 1995-155) and Appeal Number 1995-156 were both continued to January 10, 1996. The new Board Members
hearing the appeal on January 10, 1996 were Ron Jansson, Emmett Glynn, Robert Thome, Tom DeRiemer, and Chairman
Gail Nightingale.
Attorney Charles McLaughlin represented the petitioner before the Board. John F. Hogan, Jr., President of Cid-Trey, Inc. is
appealing the decision of the Building Commissioner. Cid-Trey, Inc.was issued a Cease and Desist Order on March 12,
1995. According to M.G.L. Chapter 40A, Section 15, an appeal of a Decision of an Administrative Official must be filed within
thirty (30) days. Attorney McLaughlin stated that he could not locate a building permit nor an occupancypermit and did not
want to pursue this appeal which is the appeal of the Building Commissioner's decision. He asked to Withdraw the application
Without Prejudice.
Decision:
A motion is made and seconded to Withdraw Without Prejudice Appeal Number 1995-155, the Decision of the Building
Commissioner.
VOTE:
AYE: Ron Jansson, Emmett Glynn, Robert Thorne, Tom DeRiemer, and Chairman Gail Nightingale.
NAY: None
Order:
Appeal Number 1995-165,the Decision of the Building Commissioner, has been Withdrawn Without Prejudice.
Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,
with" twenty q) s after the date of the filing of this decision in the o Ice of the Town Clerk.
A' i / 1996
G Nighting Chairm Date Sig lied
I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20)days have elapsed
since the Zoning Board of Appeals filed this decisio d that no appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this 7 day o 96 d twins d penalties of perjury.
Lin a Leppanen,Town Clerlr�