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HomeMy WebLinkAboutSR-2025-032 WS Landing at Hyannis LLC 790 Iyannough Rd HY Signage Variance Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Variance No. 2025-032 – WS Landing at Hyannis LLC Section 240-65 J. Drive up Menu Board, Quantity and Area Request to install 2 signs for a drive-through window including a Menu Board sign and a Menu Speaker Board Date: October 24, 2025 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioner: WS Landing at Hyannis, LLC (Attorney Liza Cox) Property Location: 790 Iyannough Road, Hyannis, MA Assessor's Map/Parcel: 311/092 Zoning: Highway Business (HB) and Business (B) Filed: October 10, 2025 Hearing: November 12, 2025 Decision Due: January 18, 2026 Copy of Public Notice WS Landing at Hyannis LLC has petitioned for a Variance pursuant to Section 240-65 J. Drive Up Menu Board, Quantity and Area. The Applicant seeks to install 2 signs for a drive-through window, including an approximately 35 sq. ft. menu board sign and an approximately 1.25 sq. ft. sign on the menu speaker board. The subject property is located at 790 Iyannough Road, Hyannis, MA as shown on Assessor’s Map 311 as Parcel 092. It is located in the Highway Business (HB) and the Business (B) Zoning Districts. Background The subject property is a 25.88 acre lot with frontage on Iyannough Road and Airport Road in Hyannis, MA. The lot contains six buildings containing a total of 193,785 gross square feet of commercial use originally built in 1973 but currently under complete renovation. The property has the benefit of many previous Zoning Board of Appeals actions: Special Permit 1973-045 allowed the Family Entertainment Center. Special Permit 1974-009 Family Entertainment Center change of hours of operation. Special Permit 1975-032 allowed change of use to three movie theatres. Special Permit 1976-023 allowed the Family Entertainment Center use on Sunday. Variance 1989-013 allowed construction of a bank with drive through. Special Permit 1989-014 allowed new bank building smaller in size. Variance 1987-096 for setbacks. Special Permit 1990-048 for Filenes Basement Signage Special Permit 1996-003 for Medical Use Special Permit 2001-072 for Voicestream Wireless Special Permit 2002-047 for Filenes Homestore Special Permit 2012-057 for Old Navy Town of Barnstable Planning and Development Department Staff Report Variance No. 2025-032 – WS Landing at Hyannis LLC 2 Special Permit 2015-026 for Famous Footwear Special Permit 2016-034 for Sleep Number Special Permit 2023-021 for reduction in parking Variance 2023-022 for Comprehensive Signage package Special Permit 2024-047 for two drive-throughs Proposal & Relief Requested WS Landing at Hyannis LLC has petitioned for a Variance pursuant to Section 240-65 J. Drive Up Menu Board, Quantity and Area. The Applicant seeks to install 2 signs for a drive-through window, including an approximately 35 sq. ft. menu board sign and an approximately 1.25 sq. ft. sign on the menu speaker board. The subject property is located at 790 Iyannough Road, 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 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. 2025-032, pursuant to Section 240-65 J. Drive Up Menu Board, Quantity and Area to install 2 signs for a drive-through window, including an approximately 35 sq. ft. menu board sign and an approximately 1.25 sq. ft. sign on the menu speaker board at 790 Iyannough Road, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “The Landing at Hyannis Phase 3” Site Plan C. 201 by Tighe and Bond, dated October 11, 2024 and “Sign Shop Drawings for Panera Bread” by Hilton Displays dated April 21, 2025. Town of Barnstable Planning and Development Department Staff Report Variance No. 2025-032 – WS Landing at Hyannis LLC 3 3. The proposed development shall represent full build-out of the lot. Further addition of signage is prohibited without prior approval from the Board. 4. 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 variance must be exercised within one year, unless extended. Copies: Applicant (Attorney Liza Cox) Attachments: Application Plans