Zoning Board of Appeals | March 26, 2025

The meeting covered appeals, public comments, and discussions regarding ordinances. There was an Executive Session about litigation strategy on Wendy's/715 West Main Street. There was discussion on increasing requests for in-ground pools within setbacks and the need for standards.

Watch the meeting. AI supported summary below. Corrections welcome; see contact page.

Key Points

• Executive Session: The board convened in executive session to discuss litigation strategy for appeal 2023-010.
  • Appeal No. 2023-010 Arista/Wendy’s LLC - Executive Session for the purpose of discussing litigation strategy with respect to the
    case in the Land Court (24 Misc. 00088) by Arista/Wendy’s LLC, for property at 715 West Main Street, Hyannis, appealing the denial
    of a special permit to construct a drive-through window at a Wendy’s fast-food restaurant, if the Chair determines that an open
    session could be detrimental to the Board’s and Town’s litigation position.
• Appeal 2024-036 (Hyannis Series Four LLC): This appeal was withdrawn without prejudice due to a withdrawn complaint based on the state housing bill.
  • Hyannis Series Four, LLC has filed an Appeal of an Administrative Official’s Decision in accordance with 240-11(A)(1) Principal
    Permitted Uses in the RB, RD-1, and RF-2 Residential Districts. The Appellant seeks to overturn the Order to Cease, Desist, and Abate
    dated August 2, 2024. In the Notice of Zoning Ordinance Violation letter, the Chief Local Inspector stated that they observed a
    violation of Chapter 240-11(A)(1), namely, an apartment created on the second floor of a building used as a lodging house. The
    property is not owner-occupied and is not eligible under Chapter 240-47.1 Family Apartments or Chapter 240-47.2 Accessory
    Dwelling Units for a second unit as of right. The subject property is located at 48 Greenwood Ave, Hyannis, MA as shown on
    Assessor’s Map 289 as Parcel 138. It is located in the Residence B (RB) Zoning District.
• Appeal 2025-005 (Cochran): This appeal concerned a special permit for demolition and rebuilding on a non-conforming lot. The board approved the special permit with conditions after public comment and deliberation. Key discussion points included the lot's non-conforming status due to a previous variance and the applicant's compliance with setback requirements.
• Appeal 2025-006 (Clark): This appeal challenged the building official's determination that a structure (4x4s cemented in the ground, connected by 2x4s, and draped in burlap) was a minor incidental improvement. The board decided to continue this appeal to April 9th, 2025, to obtain input from the building department.
• Inground Pools and Setbacks: A discussion ensued regarding the increasing number of requests for inground pools within setbacks. The board considered the need for clearer definitions and potential ordinance changes to address this issue, possibly through a subcommittee.

Highlights

• Extensive discussion and deliberation on the Cochran appeal, focusing on the interpretation of zoning ordinances and the impact of previous variances.
• The Clark appeal highlighted a disagreement over the classification of a structure and the need for clarification on zoning definitions.
• The discussion on inground pools and setbacks revealed a need for updated regulations and potentially a subcommittee to review and propose changes to the zoning ordinances.