Draft M-072623 July 26, 2023
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Zoning Board of Appeals
MINUTES
Wednesday, July 26, 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, July 26, 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/88501253288 US Toll-free 888 475 4499
Meeting ID: 885 0125 3288 Meeting ID: 885 0125 3288
3. Applicants, their representatives and individuals required or entitled to appear before the Zoning Board of Appeals may ap pear
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
Vice Chair Herb Bodensiek calls the meeting to order at 7:00 PM with an introduction of Board Members:
Also in attendance is Kris Clark, Town Council Liaison; Anna Brigham, Principal Planner; and Genna Ziino, Administrative Assistant.
Notice of Recording
The Vice Chairman reads: 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.
Minutes
None.
Old Business
7:00 PM Appeal No. 2023-010 Arista Hyannis LLC
Arista Hyannis LLC has applied for a Special Permit in accordance with Section 240 -25(B)(22) and 240-25(C)(10) Drive-Through for a
proposed restaurant. The Applicant proposes to remodel the former bank building and change the use to a food service
Member Present Absent
Dewey, Jacob X
Bodensiek, Herbert X
Pinard, Paul X
Hansen, Mark X
Johnson, Denise X
Webb, Aaron X
Larry Hurwitz X
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establishment with a drive-through. The subject property is located at 715 West Main Street, Hyannis, MA as shown on As sessor’s
Map 249 as Parcel 155. It is located in the Highway Business (HB) District. Continued from May 10, 2023. Members assigned: Jacob
Dewey, Paul Pinard, Mark Hansen, Aaron Webb, and Herb Bodensiek.
Request to continue to September 13, 2023 has been r eceived. Paul Pinard makes a motion to continue Appeal No. 2023 -010 to
September 13, 2023. Herb Bodensiek seconds.
Vote:
Aye: Herb Bodensiek, Paul Pinard, Mark Hansen, Larry Hurwitz
Nay: None
Appeal No. 2023-010 Arista Hyannis LLC is continued to September 13, 2023 at 7:00 PM.
New Business
7:01 PM Appeal No. 2023-014 Ernest J. Jaxtimer
Ernest J. Jaxtimer has filed an Appeal of an Administrative Official’s Decision in accordance with Barnstable Zoning Ordinanc e Section
240-125 B.(1)(a) and M.G.L. Chapter 40A Section 8 and Section 15. The Petitioner seeks to overturn the Notice of Zoning Ordinance
Violation and Order to Cease, Desist, and Abate Immediately from the Building Commissioner, dated May 26, 2023. Summary of
violations determined by the Building Commissioner include Barnstable Zoning Ordinances Article II General Provisions Sections 240 -
7 A, 240-10 A; Article III District Regulations Sections 240-14 A (1); Article IX Site Plan Review Sections 240-100 A, 240-101 B, 240-103
B, 240-103 C, 240-103 K, and 240-105 G. The subject properties are located at 1450 Osterville West Barnstable Road as shown on
Assessor’s Map 127 as Parcel 007 001, and 1450 Osterville West Barnstable Road #A as shown on Assessor’s Map 127 as Parcel 03 6.
Both properties are located in the Residence F (RF) Zoning District.
Request to continue to September 13, 2023 has been received. Mark Hansen makes a motion to continue Appeal No. 2023-014 to
September 13, 2023 at 7:01 PM. Paul Pinard seconds.
Vote:
Aye: Herb Bodensiek, Paul Pinard, Mark Hansen, Larry Hurwitz
Nay: None
Appeal No. 2023-014 Jaxtimer is continued to September 13, 2023 at 7:01 PM.
Correspondence
None.
Matters Not Reasonably Anticipated by the Chair
Town Council Liaison Kris Clark expresses concern to staff that the copy of the agenda she received from the Town Clerk’s office was
difficult to read and believes it was because the agenda was printed double sided.
Upcoming Hearings
August 9, 2023, August 23, 2023, September 13, 2023
Adjournment
Paul Pinard makes a motion to adjourn. Mark Hansen seconds.
Vote:
Aye: Herb Bodensiek, Paul Pinard, Mark Hanse n, Larry Hurwitz
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