AG-041223 April 12, 2023Page 1 of 2 1
Board Members:
Jacob Dewey – Chair Herbert Bodensiek – Vice Chair Paul Pinard - Clerk
Aaron Webb – Regular Member Mark Hansen – Regular Member
Vacant – 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 – Administrative Assistant – genevey.ziino@town.barnstable.ma.us
Agenda
Wednesday, April 12, 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, April 12, 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 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
March 8, 2023 – (Click HERE for materials)
Old Business
7:00 PM Appeal No. 2022-021 Vuilleumier
Louis Vuilleumier has filed an appeal of an Administrative Official’s Decision in accorda nce 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 num ber
of dwelling units are four: three units in the main dwelling and one in the detac hed 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. Continued from December 7,
2022 and February 8, 2023. Members assigned were Dewey, Bodensiek, Hansen, Pinard, Webb.
(Click HERE for materials)
7:01 PM Appeal No. 2022-057 Wentworth
Peri S. Wentworth has applied for a Special Permit in accordance with Section 240-47.2 C. (4) Accessory Dwelling Unit. The Applicant
seeks to construct a detached two bedroom Accessory Dwelling Unit which exceeds the allowable “as of right” square footage. The
proposed Accessory Dwelling Unit is 1,876 square feet and the “as of right” size is 900 square feet, thereby exceeding the al lowable
size by 976 square feet. The subject property is located at 16 Walley Court, Hyannis, MA as shown on Assessors Map 324 as Parcel
020. The property is located in the Residence B (RB) Zoning District. Continued from January 25, 2023 and March 8, 2023. Members
assigned were Dewey, Webb, Pinard, Johnson, Bodensiek.
(Click HERE for materials)
7:02 PM Appeal No. 2023-005 TJA Clean Energy
TJA Clean Energy, as lessee, has applied for a Modification Permit pursuant to Section 240-8 A. 3 (b) Modification from Section 240-
44.2 E. 3. Dimensional Requirements and Section 240-44.2 F. 2. Special Permit Provisions. The Applicant proposes to construct a
Town of Barnstable
Page 2 of 2 2
large-scale ground-mounted Solar Photovoltaic Installation pursuant to Section 240-44.2 E (3) of the Zoning Ordinance. The
proposed setback for the solar array is 16 feet from undeveloped land on the westerly side of the property, where 100 feet is
required. The subject property is located at 810 Wakeby Road, Marstons Mills, MA as shown on Assessor’s Map 013 as Parcels 004,
005, and 052. It is located in the Residence F (RF) Zoning District. Continued from March 8, 2023. Members assigned were Dewey,
Bodensiek, Hansen, Pinard, Webb.
(Click HERE for materials)
7:03 PM Appeal No. 2023-006 Andersen
Denise M. Andersen, Trustee of the Andersen 77 Parker Road Nominee Trust, h as petitioned for two Variances from Section 240-13
E. Residence C (RC) District, Bulk Regulations, and 240-36 Resource Protection Overlay District (RPOD). The Petitioner seeks two
variances to unmerge Lot 1 (40,075 sq. ft.) from Lot 2, a developed lot con taining 43,915 sq. ft., pursuant to the plan prepared by
Sullivan Engineering and Consulting, Inc. The subject property is located at 77 Parker Rd, Osterville, MA as shown on Assesso r’s Map
117 as Parcel 135. It is located in the Residence C (RC) Zoning District. Continued from March 22, 2023.
(Click HERE for materials)
New Business
7:04 PM Appeal No. 2023-008 Carangelo
Robert Carangelo has applied for a Variance in accordance with Section 240-14E RC-1 Residential District Bulk Regulations Minimum
Lot Area, Minimum Front and Side Yard Setbacks. The Petitioner sold 4 Skipjack Lane to the current owners on November 20, 202 2
and is responsible for obtaining post-closing zoning relief under the terms of a duly authorized escrow agreement. The parcel is
within the Cobblestone Landing Subdivision and was granted a Special Permit with certain waivers in 1986 of the town’s subdiv ision
rules and regulations as shown on Book 5380 Page 252 of the Barnstable County Registry of Deeds. In 2012, the owners of 4 Skipjack
Lane and 10 Skipjack Lane created new 617 sq. ft. parcels and exchanged them in order to resolve a driveway encroachment.
Although the new lots remain in compliance with the 1986 Special Permit and waivers, they may not be in compliance with current
zoning. Petitioner requests a Variance or in the alternative a determination that no zoning relief is needed. The subject pro perty is
located at 4 Skipjack Lane, Hyannis, MA as shown on Assessor’s Map 273 as Parcel 085 004. It is located in the Residence C -1 (RC-1)
Zoning District.
(Click HERE for materials)
Correspondence
Cape Cod Commission Public Hearing for Bourne Solar Project on Thursday, April 13, 2023 at 1:00 p.m. at the Cape Cod Commissi on
office, 3225 Main Street in Barnstable. (Click HERE for materials)
Cape Cod Commission Public Hearing for N.E. Wind 1 Connection (Vineyard Wind) on Monday April 24, 2023 at 4:00 p.m. will be held
virtually. (Click HERE for materials)
Cape Cod Commission Public Hearing Notice for MV Reliability Project (NSTAR) in the Town of Falmouth on Thursday, April 27, 1:00
p.m. will be held virtually. (Click HERE for materials)
Matters Not Reasonably Anticipated by the Chair
Upcoming Hearings
April 26, 2023, May 10, 2023, May 24, 2023
Adjournment