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HomeMy WebLinkAboutSR - SP 35 Iyannough RoadTown of Barnstable Planning & Development Department Staff Report Special Permit Application No. 2025-001 35 Iyannough Road Realty Trust 35 Iyannough Road, Hyannis, MA Date: May 12, 2025 To: Stephen Robichaud, Chair, Planning Board From: Planning & Development Department Staff Applicant: 35 Iyannough Road Realty Trust and Curren Huyser Property Address: 35 Iyannough Road, Hyannis, MA Assessor’s Map/Parcel: 343/004 Zoning District: Highway Commercial Background The applicant, Curren Huyser, has requested relief from section 240-24.1.5 minimum parking requirements. The applicant proposes 15 parking spaces where 45 are required. The subject property is located at 35 Iyannough Road, Hyannis. Applicant’s Relief Requested Due to the change of use within the existing building the Applicant has requested a Special Permit pursuant to 240-24.1.5C(2)(b) for relief from parking requirements. The applicant proposes 15 parking spaces where 45 are required. Other Approvals The Applicant filed an application for Site Plan Review and the proposal will be reviewed at the May 15, 2025 Formal Site Plan Review meeting. This property has an existing regulatory agreement (RA #2017-004) on file to allow for the previous use as Guaranteed Fresh Produce, as well as a reduction in parking requirements. This regulatory agreement is no longer valid as the proposed use differs from the approved use. Furthermore, relief is no longer required for the use as the proposed use is allowable in the Highway Commercial District. However, in order to obtain relief on the parking requirements, the applicant would either need to seek an amendment to the existing Regulatory Agreement or seek a Special Permit through the Planning Board for the desired parking relief. Staff Comments The existing structure seeks to change the use within the Highway Commercial Zoning District. Parking requirements for this proposed use dictate a minimum of 45 spaces. The parking standards further provide an opportunity for an applicant to seek relief from the Planning Board to reduce this requirement further. In the Board’s discretion to approve or deny a special permit authorizing relief from the minimum parking requirements, the Planning Board shall consider, as specified in the ordinance, “conditioning the Special Permit upon one or more of the following: (i) Elimination or reduction of existing curb cuts and driveway aprons (ii) Establishment of a shared driveway or cross-access connection between abutting parking lots with a binding easement and joint maintenance agreement defining the responsibilities of abutting property owners sharing access”. Planning & Development Staff Report Special Permit No. 2025-001 35 Iyannough Road 2 Further, the parking standards state that, “Accessory parking spaces must be located on the same lot as the building they support and may be provided within a principal building or outbuilding or as surface parking”. Summarizing these ordinances together, the request by the Applicant to the Board is to provide a special permit for parking reduction that would result in requiring 15 parking spaces on site. The Board may wish to consider conditioning an approval on receiving a license or formalizing an agreement for off-site parking but the relief granted would be to allow for 15 parking spaces provided on site. Decision If the Board needs additional information for consideration the Board may make a motion to continue SP 2025-001 35 Iyannough Road, Hyannis to June 9, 2025 at 7:00 PM. If the Board has exhausted their review the Board may close the hearing. After Board deliberation a motion may be made: To (approve, approve with conditions, or disapprove) Special Permit 2025-001 35 Iyannough Road, Hyannis. Prior to second please list applicable findings. If with conditions please reference the conditions prior to the second. Draft Findings 1. The property location is 35 Iyannough Road, Hyannis, Hyannis is shown on Assessor’s Map 343 Parcel 003 in the Highway Commercial District. 2. The Applicant and Curren Huyser, seeks a Special Permit pursuant to 240-24.1.5C(2)(b). The applicant proposes 15 parking spaces where 45 are required. 3. The Planning Board finds that the issuance of the Special Permit is consistent with the Design and Infrastructure Plan and that the development meets the following criteria: a. Support locally owned businesses and business that employ Cape Cod residents. 4. The application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. Section 240-24.1.5C(2)(b) allows the Planning Board to reduce on-site parking requirements by Special Permit. 5. 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. 6. An application for this project has been reviewed by Informal Site Plan Review and shall proceed to Formal Site Plan. Approval by Formal Site Plan shall be received prior to occupancy permit issuance. 7. Lesser off-street parking is shown to be adequate given special circumstances including: a. Characteristics of use invalidating normal methods of calculating parking demand. Planning & Development Staff Report Special Permit No. 2025-001 35 Iyannough Road 3 8. The proposed repairs, alterations and/or expansion are not substantially more detrimental to the surround neighborhood. Draft Conditions Should the Board find to grant the Special Permit for the requested relief, it may wish to consider the following conditions: 1. The relief granted shall be substantially in conformance with the record plans entitled “Guaranteed Fresh Produce Layout and Materials Plan” dated March 27, 2008, by Baxter Nye Engineering and Surveying. 2. This Special Permit shall apply to 35 Iyannough Road, Hyannis, MA, Applicant and 35 Iyannough Road Realty Trust and Curren Huyser, Map 343 and Parcel 003. 3. This Special Permit Modification shall allow for the reduction of parking required. The Applicant shall provide 15 parking spaces on Site where 45 are required. 4. Approval by Formal Site Plan shall be received prior to occupancy permit issuance. Informal and Formal Site Plan Review conditions of approval are hereby incorporated into this Decision. 5. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the structure is prohibited without prior approval from the Board. 6. This Decision shall be recorded at the Barnstable County Registry of Deeds and copies submitted to the Planning Board and Building Division prior to the issuance of any building permit and commencement of use. 7. The rights of this Special Permit must be exercised within 2 years from the date it is filed with the Town Clerk’s Office.