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Home My WebLink AboutSR-2025-019 Barnstable Black Belt LLC 79 Center Street HY Variances Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Variance No. 2025-019 – Barnstable Black Belt LLC Section 240-52 C. Design and Screening Standards; 240-24.1.5 C. 3.(b) Standards for All Districts, Parking Standards, Location; and 240-24.1.5 E. (a-e) Surface Parking Lot Design Standards To allow the construction of new multi-family building with nine 2-bedroom units and associated site improvements Date: June 26, 2025 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioners: Barnstable Black Belt LLC Property Location: 79 Center Street, Hyannis, MA Assessor's Map/Parcel: 327/065 Zoning: Downtown Main Street District (DMS) Filed: June 11, 2025 Hearing: July 9, 2025 Decision Due: September 19, 2025 Copy of Public Notice Barnstable Black Belt LLC has petitioned for a Variance pursuant to Section 240-52 C. Design and Screening Standards; 240-24.1.5 C. 3.(b) Standards for All Districts, Parking Standards, Location; and 240-24.1.5 E. (a-e) Surface Parking Lot Design Standards. The Applicant proposes to construct a new multifamily building containing 9 two-bedroom residential apartments on an undeveloped and underutilized lot with 10 parking spaces, associated landscaping, utilities, and related infrastructure. The Applicant is requesting relief for the proposed parking lot design and for certain landscaping requirements within the surface parking lot design standards. The subject property is located at 79 Center Street, Hyannis, MA as shown on Assessor’s Map 327 as Parcel 065. It is located in the Downtown Main Street (DMS) Zoning District. Background The subject property addressed as 79 Center Street, Hyannis is a vacant lot containing 0.16 acres with frontage on Center Street, Dynaflow Drive and Willow Avenue. There are a variety of shaped lots with both residential and commercial uses. Proposal & Relief Requested Barnstable Black Belt LLC has petitioned for a Variance pursuant to Section 240-52 C. Design and Screening Standards; 240-24.1.5 C. 3.(b) Standards for All Districts, Parking Standards, Location; and 240-24.1.5 E. (a-e) Surface Parking Lot Design Standards. The Applicant proposes to construct a new multifamily building containing 9 two-bedroom residential apartments on an undeveloped and underutilized lot with 10 parking spaces, associated landscaping, utilities, and related infrastructure. The Applicant is requesting relief for the proposed parking lot design and for certain landscaping requirements within the surface parking lot design standards. The subject property is located at 79 Center Street, 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 Town of Barnstable Planning and Development Department Staff Report Variance No2025-019 – Barnstable Black Belt LLC 2 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. 2025-019, pursuant to Section 240-52 C. Design and Screening Standards; 240-24.1.5 C. 3.(b) Standards for All Districts, Parking Standards, Location; and 240- 24.1.5 E. (a-e) Surface Parking Lot Design Standards to construct a new multifamily building containing 9 two-bedroom residential apartments on an undeveloped and underutilized lot with 10 parking spaces, associated landscaping, utilities, and related infrastructure on a lot addressed as 79 Center Street, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Proposed Site Plan at 79 Center Street in Hyannis, Massachusetts” by Pesce Engineering & Associates, Inc dated May 23, 2024 Sheets 1-3 with a last revision date of November 5, 2024. 3. The proposed development shall represent full build-out of the lot. Further construction of additional accessory structures is prohibited without prior approval from the Board. 4. All mechanical equipment associated with the dwelling (air conditioners, electric generators, etc.) shall be screened from neighboring homes and the public right-of-way. 5. 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: Applicant (Attorney Kenney and Attorney Nickerson) Attachments: Application Plans Town of Barnstable Planning and Development Department Staff Report Variance No2025-019 – Barnstable Black Belt LLC 3