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Home My WebLink AboutSR-2023-010 Arista Hyannis LLC 715 West Main St HY REMANDED KCC edits Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2023-010 REMANDED – Arista Hyannis LLC 240-25 C. (10) – HB Business District, Conditional Use Drive-through Section 240-25 B. (22), note 1 - HB Principal Permitted Uses To allow the remodel of the former bank building for a proposed Wendy’s Food Service Establishment with a drive-through Date: February 6, 2025 REVISED FEBRUARY 25, 2025 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Arista Hyannis LLC 450 Station Avenue, South Yarmouth, MA 02664 Property Location: 715 West Main St, Hyannis, MA Assessor's Map/Parcel: 249/155 Zoning: Highway Business (HB) Zoning District Filed: April 6, 2023 Remanded: January 28, 2025 Hearing: February 26, 2025 Copy of Public Notice 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 establishment with a drive-through. The subject property is located at 715 West Main Street, Hyannis, MA as shown on Assessor’s Map 249 as Parcel 155. It is located in the Highway Business (HB) District. The Land Court, in an order issued on January 28, 2025 has ordered the matter remanded to the Zoning Board of Appeals. The matter will be heard by the board in accordance with the terms of the court’s order after judgment. Background The subject property is a 0.45 acre developed lot with frontage on Pine Street and West Main Street, Hyannis. The property is developed with an approximately 3.123 square foot commercial building previously containing a bank. There is an existing drive-through window with 2 lanes located on the westerly side of the building. The area is both multi-unit residential and commercial with the Barnstable High School directly across the street. On April 6, 2023, Arista Hyannis LLC applied a Special Permit in accordance with Section 240- 25(B)(22) and 240-25(C)(10) Drive-Through for a proposed restaurant. The Applicant proposed to remodel the former bank building and change the use to a food service establishment (Wendy’s) with a drive-through. The application was continued to May 10, 2023, July 26, 2023, September 13, 2023, October 11, 2023, November 8, 2023, January 10, 2024, and to January 24, 2024 at which time the Board denied the application. There was a total of 97 public comments and all but one was in objection. On January 28, 2025, the Land Court Judge filed a judgement in favor of Arista Hyannis LLC and against the Zoning Board of Appeals and remanded it back to the Town. According to the Judgement, the Board may not consider the impacts of Arista’s proposed drive-through on (a) traffic generation, (b) the circulation of traffic within 715 West Main Street (including but not limited to, the amount of “queuing” within the site), (c) parking within the site, and/or (d) pedestrian or vehicular traffic on or along West Main Street, Pine Street, or the intersection of those Streets. Town of Barnstable Planning and Development Department Staff Report Appeal 2023-010 REMANDED– Arista Hyannis LLC 2 Proposal & Relief Requested 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 establishment with a drive-through. The subject property is located at 715 West Main Street, Hyannis, MA as shown on Assessor’s Map 249 as Parcel 155. It is located in the Highway Business (HB) District. The Land Court, in an order issued on January 28, 2025 has ordered the matter remanded to the Zoning Board of Appeals. The matter will be heard by the board in accordance with the terms of the court’s order after judgment. 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 240-25 (B)(22) and 240-25 (C)(10) Drive-Through for a proposed restaurant allows for a Special Permit. 2. 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 April 11, 2023). 3. Land Court Orders, Adjudges, and Decrees, that without limiting the foregoing numbered orders, the Board on remand may not consider the impacts of Arista’s proposed drive- through on (a) traffic generation, (b) the circulation of traffic within 715 West Main Street (including, but not limited to, the amount of “queuing” within the site), (c) parking within the site, and/or (d) pedestrian or vehicular traffic on or along West Main Street, Pine Street, or the intersection of those streets. 4. The Board continues to find that after an evaluation of all the evidence presented, the proposal would represent a substantial detriment to the public good or the neighborhood affected due to the requested drive-through. The Board disagreed with the Court’s finding and continues to raise concerns over traffic volume, turning movements, parking impacts, and how each interact with the neighborhood and its unique location given its proximity to the High School campus directly across the street. 5. The Board finds that the Land Court has ordered the Town of Barnstable Zoning Board of Appeals to grant this permit on remand. Suggested Conditions Should the Board find to grant Special Permit No. 2023-010, a request to remodel the former bank building and change the use to a food service establishment with a drive-through at 715 West Main Street, Hyannis, MA, it may wish to consider the following conditions: 1. Special Permit No. 2023-010 is granted to Arista Hyannis LLC in accordance with Section 240-25(B)(22) and 240-25(C)(10) Drive-Through for a proposed restaurant to remodel the former bank building and change the use to a food service establishment with a drive-through at 715 West Main Street, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Wendy’s Redevelopment” by BSC Group, Sheets 1-7, dated December 5, 2022 with a revision date of March 30, 2023. 3. The proposed development shall represent full build-out of the lot. Further alteration or expansion of the structure or construction of accessory structures is prohibited without prior approval from the Board. Commented [KC1]: I assume this will be changed in the decision to read that the Board voted in accordance with the Court’s order to grant the Special Permit…. And then the conditions? This language is just for the staff report? If so, OK. Town of Barnstable Planning and Development Department Staff Report Appeal 2023-010 REMANDED– Arista Hyannis LLC 3 4. All mechanical equipment associated with the structure (air conditioners, electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. 5. The hours of operation of the Drive-through shall be the same as the hours of operation of the indoor restaurant. 6. The 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 the issuance of a building permit. The rights authorized by this special permit must be exercised within two years, unless extended. Copies: Petitioner