HomeMy WebLinkAboutSR-2026-003 Copacabana Realty Inv 11 Potter Ave HY SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2026-003 – Copacabana Realty Investment Inc.
Section 240-94 A. Change of One Nonconforming Use to Another Nonconforming Use
To modify Special Permit No. 2024-003 to change the number and location of bedrooms and
storage units
Date: January 30, 2026
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant Copacabana Realty Investment Inc.
Property Location: 11 Potter Avenue, Hyannis, MA
Assessor's Map/Parcel: 308/150
Zoning: Residence B (RB) Zoning District
Filed: January 15, 2026 Hearing: February 11, 2026 Decision Due: April 25, 2026
Copy of Public Notice
Copacabana Realty Investment Inc. has applied for a Special Permit pursuant to Section 240-94 A.
Change of Nonconforming Use to Another Nonconforming Use. The Applicant seeks to convert a
legal preexisting nonconforming rental storage unit, located within a multi-family building (see
Special Permit No. 2024-003) into a two-bedroom apartment. The proposed apartment would be
nonconforming because it would be a residential dwelling within a multi-family building. The subject
property is located at 11 Potter Avenue, Hyannis, MA as shown on Assessor’s Map 308 as Parcel
150. It is located in the Residence B (RB) Zoning District.
Background
The subject property consists of 0.18 acres with frontage on Potter Ave and Dumont Drive in
Hyannis, MA. According to the Assessors records, the site consists of a commercial building of
5,382, 1.5 stories, 2 commercial bays in the lower level, constructed in 2000. The area consists of
a variety of lot sizes and both residential and commercial uses close to downtown Hyannis.
Section 240-94 A. reads:
A. Change of a nonconforming use to another nonconforming use. A preexisting nonconforming
use may be changed to another nonconforming use only by special permit from the Zoning Board
of Appeals. In granting a special permit for the change of a nonconforming use, the Board must
find that the proposed nonconforming use is no more detrimental to the neighborhood and that all
of the following requirements are met:
(1) The applicant has received all necessary approvals from the Board of Health.
(2) The proposed nonconforming use:
(a) Requires no more parking than the previous use;
(b) Does not generate more traffic than the previous use, as measured by the
Institute of Transportation Engineers Trip Generation Handbook or other sources
acceptable to the Zoning Board of Appeals, nor does it cause Town expenditures to
address traffic mitigation measures;
(c) Does not result in an increase of on-site and off-site noise, dust, and odors;
(d) Does not result in an increase in the hours of operation or in the number of
tenants or employees;
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2026-003 – Copacabana Realty Investment Inc.
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(e) Does not expand the gross floor area of the nonconforming use, except as may
be provided in § 240-93B, nor does it increase the number of nonconforming uses
on a site;
(f) Is on the same lot as occupied by the nonconforming use on the date it became
nonconforming; and
(g) Is not expanded beyond the zoning district in existence on the date it became
nonconforming.
Proposal & Relief Requested
Copacabana Realty Investment Inc. has applied for a Special Permit pursuant to Section 240-94 A.
Change of Nonconforming Use to Another Nonconforming Use. The Applicant seeks to convert a
legal preexisting nonconforming rental storage unit, located within a multi-family building (see
Special Permit No. 2024-003) into a two-bedroom apartment. The proposed apartment would be
nonconforming because it would be a residential dwelling within a multi-family building. The subject
property is located at 11 Potter Avenue, 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.
Special Permit Findings
For all Special Permits, the Board is required to make general findings pursuant to § 240-125(C).
The Board should review the evidence presented by the Applicant, staff, and members of the
public and, after weighing such evidence, is encouraged to articulate if and how the evidence
contributes to each of the required findings.
1. The application falls within a category specifically excepted in the ordinance for a
grant of a special permit. Section 240-94 A. Allows a nonconforming use to change to
another nonconforming use.
2. 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.
3. A Site Plan has been reviewed and found approvable with conditions. Site Plan
Review has issued letter of approval on January 16, 2026.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2026-003, pursuant to Section 240-94 A.
Change of Nonconforming Use to Another Nonconforming Use, to convert a legal preexisting
nonconforming rental storage unit, located within a multi-family building (see Special Permit No.
2024-003) into a two-bedroom apartment, at 11 Potter Avenue, it may wish to consider the
following conditions:
1. Special Permit No. 2026-003 is granted to Copacabana Realty Investment Inc. pursuant to
Section 240-94 A. Change of Nonconforming Use to Another Nonconforming Use, to convert a
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2026-003 – Copacabana Realty Investment Inc.
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legal preexisting nonconforming rental storage unit, located within a multi-family building (see
Special Permit No. 2024-003) into a two-bedroom apartment at 11 Potter Avenue, Hyannis,
MA.
2. The site development shall be constructed in substantial conformance with the plan entitled “11
Potter Ave Hyannis MA 02601 Site Plan” sheet C2.0, prepared by Baxter Nye Engineering &
Surveying, dated December 12, 2023 with a last revision date of January 15, 2026.
3. The proposed development shall represent full build-out of the lot. Further changes to the lot
shall be prohibited without prior approval from the Board.
4. 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 building permit. The rights authorized by this Special Permit
must be exercised within two years, unless extended.
Copies: Applicant (Attorney Patrick Nickerson)
Attachments: Application
Plans