HomeMy WebLinkAboutLetter to Jim Kupfer 6-13-25LAW OFFICE OF JOHN W. KENNEY
ATTORNEY AT LAW
1550 FALMOUTH ROAD, SUITE 12
CENTERVILLE, MASSACHUSETTS 02632
PHONE: 508-771-9300
FAX: 508-775-6029
John W. Kenney, Esquire Patrick R. Nickerson, Esquire
Email: john@jwkesq.com Email: patrick@jwkesq.com
Via email to james.kupfer@town.barnstable.ma.us
June 13, 2025
Jim Kupfer
Planning Director
Town of Barnstable
367 Main Street
Hyannis, MA 02601
RE: Regulatory Agreement dated 11/3/22
S&C Realty Investment Co., LLC
442 Main Street
Hyannis, MA 02601
Dear Jim:
Please accept this letter as a request for a Second Minor Modification of the Regulatory
Agreement dated November 3, 2022, (“Agreement”) between the Town of Barnstable and S&C
Realty Investment Co., LLC (“Developer”).
The Developer proposes several minor changes to the Agreement.
1. Add a platform and ramp to improve pedestrian access to the building;
2. Add a clearance bar to the drive-through lane;
3. Add HVAC components to the roof of the East Elevation of the building with associated
Trex decking, white vinyl posts to screen the HVAC components from view;
4. Modifying the size, location, and layout of the second-floor windows on the North
elevation;
5. Modifying the approved business signage as follows:
a. Reduce the size of the Monument sign from 14.27 sq. ft. to 14.24 sq. ft.;
b. Substitute the two (2) 2.0 sq. ft. “DD” signs on the East Elevation with one (1)
3.97 sq. ft. “Dunkin” sign;
c. Increase the size of the blade sign on the Southerly Elevation from 3.14 sq. ft. to
4.0 sq. ft.;
d. Add a 3.05 sq. ft. “DRIVE THRU” sign on the proposed clearance bar;
e. Decrease the size of the “DD” sign on the North elevation from 17.58 sq. ft. to
17.55 sq. ft.;
f. Increase the size of the Menu Board from 24.16 sq. ft. to 25.86 sq. ft.;
g. Reduce the number of directional signs from five (5) to three (3), all as described
herein:
Approved Signage Requested Signage
1. Monument Sign 14.27 sq. ft. 1. Monument Sign 14.24 sq. ft.
2. South Elevation 8.69 sq. ft. (“Dunkin”) 2. South Elevation 8.69 sq. ft. (“Dunkin’”)
3. South Elevation 3.14 sq. ft. (“DD”) 3. South Elevation 4.0 sq. ft. (“DD”)
4. East Elevation 2.0 sq. ft. (“DD”) 4. East Elevation 3.97 sq. ft. (“Dunkin’”)
5. East Elevation 2.0 sq. ft. (“DD”) 5. Clearance Bar Sign 3.05 sq. ft.
6. North Elevation 17.58 sq. ft. (“DD”) 6. North Elevation 17.55 sq. ft. (“DD”)
7. Menu Board 24.16 sq. ft. 7. Menu Board 25.86 sq. ft.
8. Directional #1 2.75 sq. ft. 8. Directional #1 2.75 sq. ft.
9. Directional #2 2.75 sq. ft. 9. Directional #2 2.75 sq. ft.
10. Directional #3 2.75 sq. ft. 10. Directional #3 2.75 sq. ft.
11. Directional #4 2.75 sq. ft. 11. Tenant sign 8.69 sq. ft.
12. Directional #5 2.75 sq. ft.
13. Tenant sign 8.69 sq. ft.
Total: 13 signs 94.28 sq. ft. Total: 11 signs 94.3 sq. ft.
Importantly, these proposed changes do not alter the use, intensity, or mitigation stipulations of
the Agreement. Although there is a proposed increase of the total sign area by two one-
hundredths of an inch, we are also proposing to reduce the total number of signs from thirteen
(13) to eleven (11).
We kindly request your review and approval of these proposed modifications at your earliest
convenience. A draft Minor Modification is attached hereto.
Please do not hesitate to contact me if you require any additional information or clarification.
Very truly yours,
/s/ Patrick R. Nickerson, Esq. (electronically signed)
Patrick R. Nickerson, Esq.
Cc: Client
Enc.