SR-2022-055 Ciluzzi 149 Beech Leaf Island Rd CENT Appeal of BC Decision
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Appeal No. 2022-055 – Ciluzzi
Appeal of Building Commissioners Decision
Date: January 24, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Appellant: John E. Ciluzzi, Trustee
149 Beech Leaf Island Road, Centerville, MA
Assessor's Map/Parcel: 187/063-005
Zoning: Residence D-1 (RD-1)
Filed: December 1, 2022 Hearing: February 8, 2023 Decision Due: March 11, 2023
Copy of Notice
John E. Ciluzzi, Trustee of Woods Beech Leaf Island Trust, has filed an appeal of an Administrative
Official’s Decision in accordance with M.G.L 40A §15 and Barnstable Zoning Ordinance Sections
240-88, 240-90 and 240-91 Appeals. The Petitioner seeks to overturn the Building Permit Denial
Letter of the Building Commissioner dated November 4, 2022. In the Building Permit Denial Letter,
the Building Commissioner stated the Petitioner did not demonstrate conformance with the Zoning
Ordinance §240-11 and that the lot does not have the required land area and that the application
lacked evidence that would show that it benefits from the single-lot exemption under M.G.L. 40A §6.
The subject property is located at 149 Beech Leaf Island Road, Centerville, MA as shown on
Assessors Map 187 as Parcel 063-005. It is located in the Residence D-1 (RD-1) Zoning District.
Appeal
This matter involves an appeal of the Building Permit Denial for Zoning Purposes letter dated
November 4, 2022 from Brian Florence, Building Commissioner. In the letter, it states that the
Appellant has not demonstrated conformance to the Town of Barnstable zoning Ordinance Chapter
240-11. It further states that the lot does not have the requisite land area and the application lacks
evidence that would show it benefits from the single-lot exemption and the application is denied.
Background
The subject property is a .65 acre vacant parcel addressed as 149 Beech Leaf Island Road,
Centerville. The lot has 28.69 feet of frontage on Beech Leaf Island Road.
The Appellant sought to appeal the Building Commissioner decision to deny a building permit in 2017
(see 2017-055) which was upheld.
Procedural Review
This appeal was filed with the Town Clerk’s office and the Planning and Development Department,
Zoning Board of Appeals Office on December 1, 2022. The letter from the Building Commissioner
denying the application was dated November 4, 2022.
Findings
The Board shall make findings when either voting to uphold or overrule the Building Commissioner’s
determination. It is the Board’s responsibility to determine if the Building Commissioner properly
determined that the Appellant’s use of the property violates the Zoning Ordinance.
Should the Board wish to uphold the Building Commissioner’s decision to deny the building permit
application, the Board should consider the following finding:
1. The Board affirms the Building Commissioner’s finding that the application did not
demonstrate conformance with Chapter 240-11 of the Zoning Ordinance and the lot does not
Zoning Board of Appeals – Planning and Development Department Staff Report
Appeal No. 2022-055 - Ciluzzi
2
have the requisite land area and the applicant lacks evidence that would show that it benefits
from the single-lot exemption.
Should the Board wish to overrule the Building Commissioner’s Decision to deny the building permit
application, below is a draft finding for the Board’s potential consideration.
1. The Board finds that the application does demonstrate conformance with Chapter 240-11 of
the Zoning Ordinance and the lot does have the requisite land area and the application does
show evidence it benefits from the single-lot exemption.
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 Johnson)
Attachments: Denial Letter dated November 4, 2022,
Appeal dated December 1, 2022