AG-072722 July 27, 2022Page 1 of 2 1
Board Members:
Jacob Dewey –Chair David Hirsch –Vice Chair Herbert Bodensiek -Clerk
Paul Pinard –Regular Member Mark Hansen –Regular Member
Todd Walantis –Associate Member Vacant –Associate Member Aaron Webb-Associate Member Denise Johnson-Associate Member
Vacant –Town Council Liaison
Staff Support
Elizabeth Jenkins –Director -elizabeth.jenkins@town.barnstable.ma.us
Anna Brigham –Principal Planner –anna.brigham@town.barnstable.ma.us
Agenda
Wednesday,July 27, 2022
7:00 PM
James H. Crocker Jr. Hearing Room, 2nd Floor, Town Hall
367 Main Street, Hyannis
To all persons interested in or affected by the actions of the Zoning Board of Appeals, you are hereby notified, pursuant to Section
11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendments thereto, that a public hearing
on the following appeals will be held on Wednesday, July 27, 2022, at the time indicated:
Call to Order
Introduction of Board Members
Notice of Recording
Please note that this meeting is recorded and broadcast on Channel 18 an d in accordance with MGL Chapter 30A §20. I must
inquire whether anyone is taping this meeting and to please make their presence known.
Minutes
None
Executive Session
The Zoning Board of Appeals may vote to enter into an Executive Session under M.G.L. c. 30A section 21(a)(3), to discuss liti gation
strategy with respect to threatened litigation by the property owners/applicants O’Neill and Dunbar at 689 and 697 Scudder
Avenue, if the Chair declares that an open meeting may have a detrimental effect on the litigating position of the Town.
Old Business
7:00 PM Appeal No. 2021-057 O’Neill and Dunbar Point LLC
J. Brian O’Neill, Miriam O’Neill, and Dunbar Point LLC have applied for a Special Permit pursuant to Section 240 -91 F Merged Lots.
The Applicant seeks to relocate the property line between 689 and 697 Scu dder Avenue which would result in the cottage to be
part of 689 Scudder Avenue. The subject properties are 689 Scudder Ave and 697 Scudder Ave, Hyannis, MA on Assessors Map
287, Parcels 061 and 062. It is located in the Residence F-1 (RF-1) Zoning District.
Continued from December 8, 2021 and January 12, 2022, February 23, 2022, July 13, 2022
(Click HERE for Materials)
7:01 PM Appeal No. 2022-033 Couto’s Realty Investment/Dunkin Donuts
Couto’s Realty Investment Co., II LLC has petitioned for a Variance from 240 -25 D. Bulk Regulations in the HB District. The
Petitioner is seeking a variance from the side yard setback for a propos ed drive-thru canopy. The proposed setback is 7.2 feet
where 10 feet is required. The subject property is located at 751 West Main Street, Hyannis, MA as shown on Assessor’s Map 2 49
as Parcel 163. It is located in the Highway Business (HB) Zoning District.Continued from July 13, 2022
(Click HERE for Materials)
New Business
Town of Barnstable
Page 2 of 2 2
7:02 PM Appeal No. 2022-035 Levi
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 (R B)
Zoning District.
(Click HERE for Materials)
7:03 PM Appeal No. 2022-036 Farrin
Emily A. Farrin has applied for a Special Permit pursuant to Section 240 -92 B. Alteration or expansion of a nonconforming
structure used as single-family residence. The Applicant proposes to construct a 633 square foot addition and front entry porch to
the existing single family dwelling. The subject property is located at 140 Oak Neck Road, Hyannis, MA as shown on Assessor’s
Map 307 Parcel 172. It is located in Residence B (RB) Zoning District.Received a request to withdraw
(Click HERE for Materials)
7:04 PM Appeal No. 2022-034 READVERTISED Couto’s Realty Investment/Dunkin Donuts
Couto’s Realty Investment Co., II LLC has applied for a Special Permit pursuant to Section 240 -25 C. Conditional Uses in the HB
District and Section 240-93 B. Alterations and expansions of a nonconforming structure not used as single or two family residences
by Special Permit. The Applicant is seeking to add a drive -thru to the existing Dunkin Donuts. The subject property i s located at
751 West Main Street, Hyannis, MA as shown on Assessor’s Map 249 as Parcel 163. It is located in the Highway Business (HB)
Zoning District.
(Click HERE for Materials)
Correspondence
None
Matters Not Reasonably Anticipated by the Chair
Discussion
The Governor has signed the Remote Meeting extension to March 2023. As of this date, August 10, 2022 meeting is in -person.
Upcoming Hearings
August 10, 2022, August 24, 2022, September 14, 2022
Board Elections
Chair, Vice Chair, Clerk
Adjournment