Draft M-022223 February 22 2023Page 1 of 3 1
Zoning Board of Appeals
MINUTES
Wednesday, February 22, 2023 at 7:00 PM
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 22, 2023, at the time indicated:
The Zoning Board of Appeals Public Hearing will be held by remote participation methods. Public access to this meeting shall be
provided in the following manner:
1. The meeting will be televised via Channel 18 and may be viewed via the Channel 18 website at
http://streaming85.townofbarnstable.us/CablecastPublicSite/
2. Real-time access to the Zoning Board of Appeals meeting is available utilizing the Zoom link or telephone number and Meeting ID
provided below. Public comment can be addressed to the Zoning Board of Appeals by utilizing the Zoom link or telephone number
and Meeting ID provided below:
Join Zoom Meeting Option Telephone Number Option
https://townofbarnstable-
us.zoom.us/j/82178109296 US Toll-free: 888 475 4499
Meeting ID: 821 7810 9296 Meeting ID: 821 7810 9296
3. Applicants, their representatives and individuals required or entitled to appear before the Zoning Board of Appeals may appea r
remotely, and may participate through accessing the link or telephone number provided above. Documentary exhibits and/or visual
presentations should be submitted in advance of the meeting to anna.brigham@town.barnstable.ma.us so that they may be
displayed for remote public access viewing.
Copies of the applications are available for review by calling (508) 862-4682 or emailing anna.brigham@town.barnstable.ma.us.
Call to Order
Chair Jacob Dewey calls the meeting to order at 7:03 p.m. and takes roll call:
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.
Old Business
7:00 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 held 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. Continued from February 8, 2023.
Member Present Absent
Dewey, Jacob X
Bodensiek, Herbert X
Pinard, Paul X
Hansen, Mark X
Walantis, Todd X
Johnson, Denise X
Webb, Aaron X
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Chair Dewey gives Attorney Schulz the option to continue the item to the next meeting, as only four members are present. Attorney
Schulz would like to present at this meeting. Chair Dewey assigns himself, Herb Bodensiek, Aaron Webb, and Denise Johnson.
Attorney Albert Schulz is representing the applicant, standing in for Attorney Michael Schulz. They are looking to allow the
construction of a barn/greenhouse on a vacant piece of land. It’s .9 of an acre but there are wetlands on the parcel that create
restrictions for building. The vacant lot is across from the principle lot with the dwelling. More than half the principle lot is wetlands.
Both parcels are owned by Ms. Stone under a deed recorded in 2016. Conservation already issued an approval. His client finds the
conditions on the staff report acceptable.
Chair Dewey brings it back to the Board for questions. Herb Bodensiek asks if the proposed building will have plumbing or be
habitable. Attorney Schulz says no, there will be nothing to make it habitable.
Chair Dewey opens for public comment. None. He makes a motion to close public comment. Denise Johnson seconds.
Vote:
Aye: Jake Dewey, Herb Bodensiek, Denise Johnson, Aaron Webb
Nay: None
The Board deliberates. Chair Dewey thinks the request is straightforward. Section 240-44 was intended to help these situations, and
there are no neighbor issues. Herb Bodensiek says it seems to already be used for intermittent boat/car storage so the proposed
structure would be an improvement. Aaron Webb and Denise Johnson agree.
Chair Dewey makes a motion to approve and makes findings:
1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. Section 240-44 A
states, in residential zoning districts, accessory uses and structures on a lot adjoining or immediately opposite and across a
road from the lot on which the principal use it serves is located, provided that both lots are retained in identical ownership
with respect to both fee and no-fee interests.
2. Site Plan Review is not required for single-family residential dwellings.
3. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and
would not represent a substantial detriment to the public good or the neighborhood affected.
Herb Bodensiek seconds.
Vote:
Aye: Jake Dewey, Herb Bodensiek, Denise Johnson, Aaron Webb
Nay: None
Chair Dewey says the appeal is subject to conditions 1-5 as written on the Staff Report dated January 24, 2023.
Vote:
Aye: Jake Dewey, Herb Bodensiek, Denise Johnson, Aaron Webb
Nay: None
Special Permit No. 2023-003 Stone is granted with conditions.
New Business
None.
Correspondence
Chair Dewey announces that Todd Walantis has resigned from the Board and thanks him for his time and service.
Matters Not Reasonably Anticipated by the Chair
Upcoming Hearings
March 8, 2023, March 22, 2023, April 12, 2023
Adjournment
Chair Dewey makes a motion to adjourn at 7:14 p.m. Denise Johnson seconds.
Vote:
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Aye: Jake Dewey, Herb Bodensiek, Aaron Webb, Denise Johnson
Nay: None
Respectfully submitted,
Genna Ziino, Administrative Assistant
Further detail may be obtained by viewing the video via Channel 18 on demand at http://www.town.barnstable.ma.us