HomeMy WebLinkAboutSR-2025-002 Hyannis LSOF Investment LLC 1225 Iyannough Rd HY Signage Variance
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Variance No. 2025-002 – Hyannis LSOF Investment LLC
Section 240-63 Signs in Residential Districts
Section 240-65 Signs in Business, Highway Business Districts
To allow additional signage for hotel and resort
Date: February 20, 2025
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: Hyannis LSOF Investment LLC
Property Location: 1225 Iyannough Road, Hyannis, MA
Assessor's Map/Parcel: 273/023 and 122
Zoning: Business (B), Highway Business (HB) and Residence C-1 (RC-1)
Districts
Filed: February 5, 2025 Hearing: March 12, 2025 Decision Due: May 16, 2025
Copy of Public Notice
Hyannis LSOF Investment LLC have petitioned for a Variance pursuant to Section 240-63 A., E., &
H. Signs in the Residential Districts, and Section 240-65 A., C., D., F. and G Signs in the B, HB
Districts. The Petitioner seeks a variance for additional signage related to hotel and resort in order
to add six (6) additional signs. Specifically, at LandShark Bar & Grill proposed signage 31.5
square feet, Margaritaville Spa proposed signage 11.1 square feet, Compass Rose Ballroom and
Spa proposed 14.3 square feet, at Fin City Arcade proposed 22.2 square feet, at Fins Up Water
Park proposed 27.8 square feet, and at Fins Up Water Park freestanding signs 25.5 square feet.
The subject property is located at 1225 Iyannough Road/Rte 132, Hyannis, MA, as shown on
Assessor’s Map 273 as Parcels 023 and 122. It is located in the Business (B), Highway Business
(HB) and Residence C-1 (RC-1) Zoning Districts.
Background
The subject property is a 12.54-acre lot with frontage on Iyannough Road /Rte 132 and Bearses
Way in Hyannis. The lot contains a 2-story hotel and resort with 276 guest rooms and suites with
253,000 square feet and built in 1973. The site also contains a waterpark over 28,600 square
feet, and three restaurants, and a fitness center which includes an arcade, a spa, and conference
facility.
Proposal & Relief Requested
Hyannis LSOF Investment LLC have petitioned for a Variance pursuant to Section 240-63 A., E., &
H. Signs in the Residential Districts, and Section 240-65 A., C., D., F. and G Signs in the B, HB
Districts. The Petitioner seeks a variance for additional signage related to hotel and resort in order
to add six (6) additional signs. Specifically, at LandShark Bar & Grill proposed signage 31.5
square feet, Margaritaville Spa proposed signage 11.1 square feet, Compass Rose Ballroom and
Spa proposed 14.3 square feet, at Fin City Arcade proposed 22.2 square feet, at Fins Up Water
Park proposed 27.8 square feet, and at Fins Up Water Park freestanding signs 25.5 square feet.
The subject property is located at 1225 Iyannough Road/Rte 132, Hyannis, MA.
Town of Barnstable Planning and Development Department Staff Report
Appeal 2025-002 – Hyannis LSOF Investment LLC
2
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.
Variance Findings
The statutory requirement of MGL Chapter 40A, Section 10 for granting a variance is a three-prong
test. The Board is required to find that each of the following three requirements has been met in
order to consider granting the variance:
1. owing to circumstances related to soil conditions, shape, or topography of such land
or structures and especially affecting such land or structures but not affecting
generally the zoning district in which it is located;
2. a literal enforcement of the provisions of the zoning ordinance would involve
substantial hardship, financial or otherwise to the petitioner; and
3. desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or purpose of the zoning
ordinance.
An application for a variance that has met all three requirements “does not confer … any legal right
to a variance.” The Board still has the discretionary power to grant or not to grant the variance.
Suggested Variance Conditions
Should the Board find to grant the Variance, it may wish to consider the following conditions:
1. Variance No. 2025-002 is granted to Hyannis LSOF Investment LLC pursuant to Section 240-
63 A., E., & H. Signs in the Residential Districts, and Section 240-65 A., C., D., F. and G Signs
in the B, HB Districts for additional signage related to hotel and resort in order to add six (6)
additional signs. Specifically, at LandShark Bar & Grill proposed signage 31.5 square feet,
Margaritaville Spa proposed signage 11.1 square feet, Compass Rose Ballroom and Spa
proposed 14.3 square feet, at Fin City Arcade proposed 22.2 square feet, at Fins Up Water
Park proposed 27.8 square feet, and at Fins Up Water Park freestanding signs 25.5 square
feet. The subject property is located at 1225 Iyannough Road/Rte 132, Hyannis, MA.
2. The proposed signage shall be constructed in substantial conformance with the plan entitled
“Exhibit 3, 4, 5, 6, 7, 8 Margaritville Resort” dated July 5, 2024 by Tyson Sign Company.
3. 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 Sign Permit. The rights authorized by this Variance must be
exercised within one year, unless extended.
Copies: Applicant (Attorney Alex Rodolakis)
Attachments: Application
Signage Plans