SR-2022-035 Levi 327 Mitchell's Way HY VarianceTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No.2022-035 –Levi
Section 240-11 E. Bulk Regulations
Section 240-125 B. (1) (c) Variances
To allow the sale of the subject lot and “unmerge” from abutting lot at 400 Pitchers Way
Date:July 14, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Petitioner:Jacqueline and Yahshua Levi
Property Location:327 Mitchell’s Way, Hyannis MA
Assessor's Map/Parcel:290/056
Zoning:Residence B (RB)Zoning District
Filed:July 1, 2022 Hearing:July 27, 2022 Decision Due:October 9, 2022Copy of Public Notice
Jacqueline and Yahshua Levi have petitioned for a Variance from Section 240-11 E. Bulk
Regulations in the Residence B (RB) Zoning District and Section 240-125 B. (1) (c) Variances.
The Petitioners are seeking a variance from Lot Size requirements to allow the sale of the subject
Lot and “unmerge” the subject lot from the lot addressed as 400 Pitchers Way. The subject
property is located at 327 Mitchell’s Way, Hyannis, MA as shown on Assessor’s Map 290 as Parcel
056. It is located in the Residence B (RB) Zoning District.
Background
The subject property is a 0.59 acre lot with frontage on Mitchell’s Way in Hyannis.The property is
an irregular shaped vacant lot and abuts 400 Pitchers Way in Hyannis.The area is residential in
nature with a variety of shaped lots.
Proposal &Relief Requested
Jacqueline and Yahshua Levi have petitioned for a Variance from Section 240-11 E. Bulk
Regulations in the Residence B (RB) Zoning District and Section 240-125 B. (1) (c) Variances.
The Petitioners are seeking a variance from Lot Size requirements to allow the sale of the subject
Lot and “unmerge” the subject lot from the lot addressed as 400 Pitchers Way which contains 1.01
acres.
Variance Findings
The statutory requirement of MGL Chapter 40A, Section 10 for granting a Variance is a three-
prong test. The Board is required to find that each of the following three requirements has been
met in order to consider granting the variance:
1.owing to circumstances related to soil conditions, shape, or topography of such land or
structures and especially affecting such land or structures but not affecting generally
the zoning district in which it is located;
2.a literal enforcement of the provisions of the zoning ordinance would involve
substantial hardship, financial or otherwise to the petitioner; and
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2022-035 -Levi
2
3.desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or purpose of the zoning
ordinance.
An application for a Variance that has met all three requirements “does not confer … any legal
right to a Variance.” The Board still has the discretionary power to grant or not to grant the
Variance.
Suggested Variance Conditions
Should the Board find to grant the Variance, it may wish to consider the following conditions:
1.Variance No.2022-035 from Section 240-11 E.Lot Size in the Residence B (RB) Zoning
District and Section 240-125 B. (1) (c) to allow the sale of the subject Lot and “unmerge” the
subject lot from the lot addressed as 400 Pitchers Way. The subject property is located at
327 Mitchell’s Way, Hyannis, MA
2.The subject lot is shown on Subdivision Plan of Land-Hyannis, Barnstable, Mass. For Veda F.
Mitchell dated November 1946 and recorded in Plan Book 76 Page 25.
3.This Decision shall be recorded at the Barnstable County Registry of Deeds and copies of the
recorded Decision shall be submitted to the Zoning Board of Appeals Office and the Building
Division prior to issuance of a building permit. The rights authorized by this Variance must be
exercised within one year, unless extended.
Copies:Applicants (Attorney Robert Mills)
Attachments:Application
Plans