HomeMy WebLinkAboutSR-2024-048 Group 1 Realty Inc 1040 and 1056 Iyannough Rd HY SP 's and Modify SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2024-048 – Group 1 Realty Inc
240-25 C. Auto Service and Repair within HB District
240-93 B. Alteration of pre-existing, non-conforming structure
240-94 B. Expansion of pre-existing, non-conforming use in the GP District
Modify Special Permit No. 2009-70 to reflect proposed changes
To allow improvements to Ira Toyota of Hyannis Service Center
Date: January 9, 2025
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Group 1 Realty, Inc.
Property Location: 1040 and 1056 Iyannough Road, Hyannis, MA
Assessor's Map/Parcel: 294/002 and 072
Zoning: Highway Business (HB) and Business (B) Zoning Districts
Filed: December 11, 2024 Hearing: January 22, 2025 Decision Due: March 22, 2025
Copy of Public Notice
Group 1 Realty, Inc has applied for a Special Permit pursuant to Section 240-25 (C) Auto Service
and Repair; 240-93 (B) Alteration of pre-existing nonconforming structure; and 240-94 (B)
Expansion of pre-existing, nonconforming use in the GP District; and is seeking to modify Special
Permit No. 2009-070 to reflect proposed changes. The Applicant proposes demolition and
reconstruction of the front portion of the service center; a new 2-story addition to the rear of the
building; demolition and removal of the former car rental office; and interior renovations that will
result in 1 additional service bay. The subject property is located at 1040 and 1056 Iyannough
Road, Hyannis, MA, as shown on Assessor’s Map 294 as Parcels 002 and 072, respectively. It is
located in the Highway Business (HB) and the Business Zoning District.
Background
The subject property addressed as 1040 Iyannough Road, Hyannis, is a 2 acre parcel containing a
18,752 square foot service shop constructed in 1976. The property addressed as 1056 Iyannough
Road is a 0.87 acre parcel with a 3,500 square foot commercial building being used as an auto
sales and service constructed in 2010. Both lots have frontage on Iyannough Road (Rt 132),
Hyannis.
In Appeal No. 2008-64 - Conditional Use Special Permit for parking of vehicles at 1056 Iyannough
Road has been granted.
In Appeal No. 2009-70 – New conditional use Special Permit to allow the lot to be developed with
a 3,500 sq.ft. showroom for retail sales of automobiles and a 1,200 sq.ft. car wash. The use of the
property is to be accessory to the Hyannis Toyota automobile dealership and used in combination
with abutting lots to the east addressed 1040 and 1020 Iyannough Road
Proposal & Relief Requested
Group 1 Realty, Inc has applied for a Special Permit pursuant to Section 240-25 (C) Auto Service
and Repair; 240-93 (B) Alteration of pre-existing nonconforming structure; and 240-94 (B)
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2024-048 – Group 1 Realty Inc
2
Expansion of pre-existing, nonconforming use in the GP District; and is seeking to modify Special
Permit No. 2009-070 to reflect proposed changes. The Applicant proposes demolition and
reconstruction of the front portion of the service center; a new 2-story addition to the rear of the
building; demolition and removal of the former car rental office; and interior renovations that will
result in 1 additional service bay. The subject property is located at 1040 and 1056 Iyannough
Road, 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.
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.
1. The application falls within a category specifically excepted in the ordinance for a grant of a
special permit. Section 240-94 B. allows for a 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. (See letter dated December 10, 2024)
Further Section 240-94 B. requires the Board to find that:
4. Any proposed expansion of the use shall conform to the established setbacks for the zoning
district in which it is located, or such greater setbacks as the Zoning Board of Appeals may
require due to the nature of the use and its impact on the neighborhood and surrounding
properties.
5. The proposed use and expansion is on the same lot as occupied by the
nonconforming use on the date it became nonconforming.
6. The proposed new use is not expanded beyond the zoning district in existence on
the date it became nonconforming.
7. At the discretion of the Zoning Board of Appeals, improvements may be required in
order to reduce the impact on the neighborhood and surrounding properties
including but not limited to the following:
(a) Greater conformance of signage to the requirements of Article VII;
(b) The addition of off-street parking and loading facilities;
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2024-048 – Group 1 Realty Inc
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(c) Improved pedestrian safety, traffic circulation and reduction in the number and/or width
of curb cuts;
(d) Increase of open space or vegetated buffers and screening along adjoining lots and
roadways. The applicant shall demonstrate maximum possible compliance with § 240-53,
Landscape Requirements for Parking Lots, Subsection F, if applicable.
240-93 B. By special permit. Alterations or expansions in a preexisting nonconforming building or
structure that do not meet the provisions of Subsection A shall be permitted only by a special
permit from the Zoning Board of Appeals. In granting such special permit, the Board must find that
the proposed repairs, alterations and/or expansion are not substantially more detrimental to the
surrounding neighborhood. If the building or structure houses a nonconforming use, the provisions
of § 240-94 shall also apply.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2024-048, a request to demolish and reconstruct
of the front portion of the service center; a new 2-story addition to the rear of the building;
demolition and removal of the former car rental office; and interior renovations that will result in 1
additional service bay at 1040 and 1056 Iyannough Road, Hyannis, MA:
1. Special Permit No. 2024-048 is granted to Group 1 Realty, Inc pursuant to Section 240-25 (C)
Auto Service and Repair; 240-93 (B) Alteration of pre-existing nonconforming structure; and
240-94 (B) Expansion of pre-existing, nonconforming use in the GP District; and is seeking to
modify Special Permit No. 2009-070 to reflect proposed changes. The Applicant proposes
demolition and reconstruction of the front portion of the service center; a new 2-story addition to
the rear of the building; demolition and removal of the former car rental office; and interior
renovations that will result in 1 additional service bay at 1040 and 1056 Iyannough Road,
Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Site Layout Plan” C3.0, “Tower Truck Turning Template Plan” C3.1, “Grading and Drainage
Plan” C4.0, “Utility Plan” C5.0 by Baxter Nye Engineering & Surveying dated October 17, 2024
with a revision date of November 6, 2024.
3. The proposed alteration of use shall represent full build-out of the lot. No further changes shall
be permitted without approval from the Board.
4. This decision shall be recorded at the Barnstable County Registry of Deeds and copies of the
recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building
Division prior to issuance of a building permit. The rights authorized by this Special Permit
must be exercised within two years, unless extended.
Copies: Applicant (c/o Attorney Liza Cox)
Attachments: Application
Plans