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Dennis Zoning Board Denies Variance Request for 23 Uncle Bill's Way
Summary
The Dennis Zoning Board of Appeals voted unanimously on March 13, 2026 to deny a variance request from Timothy Burke to build on a nonconforming lot at 23 Uncle Bill's Way, finding the applicant failed to meet the three-prong test under 40A section 10 and that the application had not been timely completed before December 5.
The Dennis Zoning Board of Appeals voted unanimously March 13 to deny a variance request from Timothy Burke to build a single-family home at 23 Uncle Bill's Way in South Dennis.
At the start of the hearing, applicant Tim Burke told the board, "This parent's request is constructively approved," and said he was appearing "only as a courtesy" and would rest on his filings. Town staff and counsel countered that the application was not treated as complete until the filing fee was paid on Dec. 5, 2025, which triggered the statutory 100-day review period that ends March 15, 2026.
Town counsel Amy Questle summarized the legal standard under "40A section 10," telling the board that a variance requires (1) a unique soil, shape or topography; (2) a hardship caused by that condition; and (3) that granting the variance not derogate the intent of the zoning bylaw and be for the public good. Questle said the applicant's filings contained no evidence of a unique topographical or soil condition and "there was really no hardship presented." She told the board that alleged dumping or private parking issues would not meet the statutory test for a variance.
Staff member Paul Foley gave a timeline and background, saying the lot is surrounded by smaller, developed parcels and noting changes to local lot-size requirements dating to 1973. Foley also recounted a history of delays and continuances and confirmed the office accepted the application as complete on Dec. 5 after payment was made.
During board discussion, several members said the variance criteria were not met. Chamberlain said he found "no basis for variance" after reviewing the information and would "vote to deny the issuance of the variance." Ridley, Stone, Barber and the chair each said they would vote to deny based on Chamberlain's reasoning. The board's public vote resulted in denial of the variance.
The chair offered Burke an opportunity to withdraw the application before the vote; Burke declined. The board recorded the denial and then handled administrative items, including confirming the next meeting date.
What this means: The board concluded the applicant did not present the unique physical conditions or a measurable public benefit required by 40A §10. The denial is a formal, public decision of the Dennis Zoning Board of Appeals. Any further legal or procedural steps (appeals or new filings) were not resolved at the public meeting.
The board adjourned the public meeting and subsequently voted to enter executive session to discuss anticipated litigation related to the matter.
