HomeMy WebLinkAboutSR-2024-043 Nantucket Stone 155 Rosary Lane HY Hyannis C U SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2024-043 – Nantucket Stone/Charles White Management Inc.
Section 240-21 C. (3) Business, Conditional Uses
To allow manufacturing use as a Conditional Use
Date: November 19, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Nantucket Stone, as tenant
Owner: Charles White Management Inc.
Property Address: 155 Rosary Lane, Building A, Bays 1 and 2, Hyannis, MA
Assessor's Map/Parcel: 345/024
Zoning: Business (B) District
Filed: November 1, 2024 Hearing: December 11, 2024 Decision Due: February 9, 2025
Copy of Public Notice
Nantucket Stone, as tenant, has applied for a Special Permit pursuant to Section 240-21 C. (3)
Condition Uses. The Applicant seeks to use the property for a kitchen installation business. The
Building Commissioner determined that a portion of the use would constitute manufacturing, which
is a conditional use and allowed only by Special Permit. The subject property is located at 155
Rosary Lane, Building A, Bays 1 and 2, Hyannis, MA as shown on Assessor’s Map 345 as Parcel
024. It is located in the Business (B) Zoning District.
Background
The subject property is a 0.77-acre lot located at Yarmouth Road and Rosary Lane in Hyannis. The
lot is developed with a 7,656 square foot warehouse that was constructed in 2001.
Chapter 240- 21 C. (3) Conditional uses. The following uses are permitted as conditional uses in
the B, BA and UB Districts, provided that a special permit is first obtained from the Zoning Board of
Appeals subject to the provisions of § 240-125C herein and the specific standards for such
conditional uses as required in this section:
(1) Storage yards for coal, oil, junk, lumber or any business requiring use of a railroad siding;
such uses being provided for in the B District only.
(2) A building or place for recreation or amusement but not to include a use which is
principally the operation of coin-operated amusement devices; such uses being provided for
in the B District only.
(3) Any manufacturing use; such uses being provided for in the B District only.
(4) Windmills and other devices for the conversion of wind energy to electrical or mechanical
energy, but only as an accessory use.
(5) Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.
Proposal & Relief Requested
Nantucket Stone, as tenant, has applied for a Special Permit pursuant to Section 240-21 C. (3)
Condition Uses. The Applicant seeks to use the property for a kitchen installation business. The
Building Commissioner determined that a portion of the use would constitute manufacturing, which
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2024-043 Nantucket Stone
2
is a conditional use and allowed only by Special Permit. The subject property is located at 155
Rosary Lane, Building A, Bays 1 and 2, Hyannis, MA
Procedure - NEW
A complete application has been received and as such the Board shall open the hearing by vote of
the Board. The Board shall then assign members and hear the matter before them. If the Board
needs additional information the Board may continue this matter to a date certain. Once the Board
has exhausted their review the Board shall motion to close the public hearing. At this time no new
information or public comment is to be accepted by the Board. The Board shall now deliberate
render a decision. When rendering a decision, a motion shall be made to (approve, approve with
conditions, or deny) with the following findings and conditions. The Board shall state findings and
may state or reference proposed conditions. Once findings and conditions are completed, a second
is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote.
Lastly a vote is then called for.
Proposed Special Permit Findings
For all Special Permits, the Board is required to make general findings pursuant to § 240-125(C).
The Board should review the evidence presented by the Applicant, staff, and members of the public
and, after weighing such evidence, is encouraged to articulate if and how the evidence contributes
to each of the required findings.
Suggested findings are as follows:
1. The application falls within a category specifically excepted in the ordinance for a
grant of a special permit:
Section 240-21 C. (3) allows for a Conditional Use Special Permit.
2. 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.
3. A site plan has been reviewed and found approvable in accordance with Article IX
herein subject only to the issuance of a special permit.
Suggested Conditions
Should the Board find to grant Special Permit No. 2024-043, it may wish to consider the following
conditions:
1. Special Permit No. 2024-043is granted to Nantucket Stone, as tenant, for a Special Permit
pursuant to Section 240-21 C. (3) Condition Uses to use the property for a kitchen installation
business. The Building Commissioner determined that a portion of the use would constitute
manufacturing, which is a conditional use and allowed only by Special Permit. The subject
property is located at 155 Rosary Lane, Building A, Bays 1 and 2, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
““Site Plan” by Down Cape Engineering, Inc, dated December 13, 2000, revised March 6,
2001.
3. The decision shall be recorded at the Barnstable County Registry of Deeds/Land Court and
copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and
the Building Division prior to issuance of the building permit. The rights authorized by this
special permit must be exercised within two years, unless extended.
Copies: Applicant (c/o Attorney David Lawler)
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2024-043 Nantucket Stone
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Attachments: Application
Site Plan