AG-020823 February 8, 2023
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Board Members:
Jacob Dewey – Chair Herbert Bodensiek – Vice Chair Paul Pinard - Clerk
Aaron Webb – Regular Member Mark Hansen – Regular Member
Todd Walantis – Associate Member Vacant – Associate Member Vacant -Associate Member Denise Johnson-Associate Member
Kristine Clark - Town Council Liaison
Staff Support
Elizabeth Jenkins –Director - elizabeth.jenkins@town.barnstable.ma.us
Anna Brigham – Principal Planner – anna.brigham@town.barnstable.ma.us
Genna Ziino – Adinistrative Assistant – genevey.ziino@town.barnstable.ma.us
Agenda
Wednesday, February 8, 2023
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, February 8, 2023, 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 and in accordance with MGL Chapter 30A §20. I must
inquire whether anyone is taping this meeting and to please make their presence known.
Time Extension Request
7:00 PM Appeal No. 2021-066 Manzi
Request by Attorney Jennifer E. Carey, on behalf of Manzi Cotuit Trust and Slow Marsh One Nominee Trust, for a six (6) month
extension of time in which to exercise Appeal No. 2021-066 granted for a Variance. The Variance was granted in order to allow an
adjustment to lot lines between two lots and is currently scheduled to lapse on February 14, 2023. The subject property is
located at 1446 and 1462 Main Street, Cotuit, MA as shown on Assessor’s Map 017 as Parcels 013 and 021. It is located in the
Residence F (RF) Zoning District.
(Click HERE for Materials)
Minutes
January 25, 2023 – Click HERE for Materials
July 27, 2022 – Click HERE for Materials
Old Business
7:01 PM Appeal No. 2022-021 Vuilleumier
Louis Vuilleumier has filed an appeal of an Administrative Official’s Decision in accordance with Section 240 -88 Appeals. The
Building Commissioner issued a Notice of Zoning Violation and Order to Cease & Desist on March 3, 2022 which stated that the
total number of dwelling units are four: three units in the main dwelling and one in the detached barn/workshop are a zoning
violation under Chapter 240-11 A. (1) in the RF-2 Residence F-2 Zoning District. The subject property is located at 4380 Main
Street, Barnstable, MA as shown on Assessors Map 351 as Parcel 042. It is located in the Residence F -2 (RF-2) Zoning District.
(Click HERE for Materials) Continued from December 7, 2022. Members assigned were Dewey, Bodensiek, Hansen, Pinard, Webb.
7:02 PM Appeal No. 2022-054 Vilsaint
Kevin Y. Vilsaint and Corrie L. Vilsaint have applied for a Special Permit pursuant to 240-47.1.B. (4) Family Apartments. The
Applicants are seeking to demolish an existing 1,384 square foot accessory structure and construct a new 1,384 square foot
Town of Barnstable
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detached family apartment. The subject property is addressed as 358 Flint Street, Marstons Mills, MA as shown on Assessor’s Map
101 as Parcel 121. It is located in the Residential F (RF) Zoning District. Continued from January 11, 2023
(Click HERE for Materials)
New Business
7:03 PM Appeal No. 2022-055 Ciluzzi
John E. Ciluzzi, Trustee of Woods Beech Leaf Island Trust, has filed an appeal of an Administrative Of ficial’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 th at 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.
(Click HERE for Materials)
7:04 PM Appeal No. 2023-001 Centerville Gardens II, LLC
Centerville Gardens II, LLC has petitioned for a Variance pursuant to Section 240-125 B. (1)(c) and (e) Variances; 240-107 Wireless
Requirements; Article IX Site Plan Review; and MGL Ch. 40A. The Petitioner seeks to construct a 110 foot above-ground level (AGL)
monopole-style tower with the capacity for at least four wireless communication services providers, together with related
amplifiers, cables, fiber, and other associated antenna equipment, to replace the existing tower at 1047 Falmouth Road where 30
feet is the maximum height. The subject properties are located at 36 Wequaquet Lane, Centerville, and 1060 Falmouth Road,
Hyannis, as shown on Assessor’s Map 250 as Parcels 023-T00 and 023-H00, respectively. The parcels are located in the Residence
D-1 (RD-1) and Highway Business (HB) Zoning Districts, respectively.
(Click HERE for Materials)
7:05 PM Appeal No. 2023-002 Centerville Gardens II, LLC
Centerville Gardens II, LLC has applied for a modification of Special Permit 2012-007 Condition No. 5, pursuant to Section 240-125
C. and MGL Ch. 40A. The Applicant seeks to allow commercial activity and associated site improvements within the portion of t he
site located within the RD-1 Zoning District. The subject properties are located at 36 Wequaquet Lane, Centerville, and 1060
Falmouth Road, Hyannis, as shown on Assessor’s Map 250 as Parcels 023-T00 and 023-H00, respectively. The parcels are located in
the Residence D-1 (RD-1) and Highway Business (HB) Zoning Districts, respectively.
(Click HERE for Materials)
7:06 PM Appeal No. 2023-003 Hilary M. Stone, Trustee of the Malpass Trust
Hilary M. Stone, Trustee of the Malpass Trust, has applied for a Special Permit pursuant to Section 240 -44 A. Accessory Uses
Permitted with a Special Permit. The Applicant seeks to construct an accessory structure (boat barn/garage/greenhouse) on a lot
immediately opposite and across the road from the lot on which the principal use it serves is located, with both lots being h eld in
identical ownership. The subject property is located at 94 Indian Trial, Barnstable, MA as shown on Assessors Map 336 as parcel
015. It is located in the Residence F-1 (RF-1) Zoning District.
(Click HERE for Materials)
Correspondence
None
Matters Not Reasonably Anticipated by the Chair
Upcoming Hearings
February 22, 2023, March 8, 2023, March 22, 2023
Adjournment