Loading...
HomeMy WebLinkAboutZBA Memorandum and Exhibits Combined 1 MEMORANDUM TO: Zoning Board of Appeals FROM: Patrick R. Nickerson, Esq. SUBJECT APPEAL NO.: Appeal No. 2026-002 Modification of Special Permit Appeal No. 2026-003 Application for Special Permit HEARING DATE: February 11, 2026 APPLICANT: Copacabana Realty Investment Inc. PROPERTY: 11 Poter Avenue, Hyannis, MA 02601 ASSESSOR’S MAP: Map 308, Parcel 150 LOT SIZE: 7,841 Sq. Ft. ± (0.18 acres) (Developed Lot) ZONING DISTRICT: RB Zoning District GROUND WATER OVERLAY DISTRICT: AP - Aquifer Protection Overlay District RELIEF REQUESTED: Applicant is seeking to modify Special Permit No. 2024-003 granted pursuant to Section 240-94A, Change of one Nonconforming Use to Another Nonconforming Use. The Applicant has requested a new Special Permit pursuant to 240-94A as an alternative form of relief. Special Permit 2024-003 approved two (2) one-bedroom units and one (1) two-bedroom unit on the first floor, two (2) one-bedroom units on the second floor, and allowed the retention of two (2) storage units in the basement. The Applicant now proposes one (1) one-bedroom unit and one (1) two-bedroom unit on the first floor, two (2) one-bedroom units on the second floor, and one (1) two-bedroom unit and one (1) storage unit in the basement. In other words, the Applicant seeks to remove one (1) one-bedroom unit from the first floor, remove one (1) storage unit from the basement, and construct one (1) two-bedroom unit in the basement. and remove one (1) storage unit from the basement. 2 BACKGROUND AND PROCEDURAL HISTORY The subject premise is located at 11 Potter Avenue, Hyannis, MA 02601 (hereinafter “Locus”), shown as Parcel 150 on the Town of Barnstable Assessor’s Map 308, a copy of which is attached hereto as Exhibit 1 for your review. The Applicant, Copacabana Realty Investment Inc., acquired title to Locus by a deed dated March 14th, 2024, recorded with the Barnstable County Land Court Registry as Document Number 1,499,345. A copy of the Deed is attached hereto as Exhibit 2 for your review. Locus is improved by a two-story commercial building served by municipal water and sewer. Locus is subject to Special Permit No. 2024-003 (“Original Special Permit”); a copy of which is included in your file materials. The Original Special Permit authorized a change of the nonconforming office use to a nonconforming multifamily use consisting of five (5) residential apartments. A copy of the approved floor plans and elevation plans is attached hereto as Exhibit 3 for your review. As shown in the plans, two (2) one-bedroom units and one (1) two-bedroom unit were proposed to be on the first floor, two (2) one-bedroom units were proposed on the second floor, and two (2) nonconforming storage units in the basement were to remain. DESCRIPTION OF PROPOSED PROJECT The Applicant proposes to modify the Original Special Permit to alter the number and location of apartment units and storage units. The Applicant seeks to construct one (1) one-bedroom unit and one (1) two-bedroom unit on the first floor, two (2) one-bedroom units on the second floor, one (1) two-bedroom unit in the basement, while retaining one (1) storage unit in the basement. A copy of the proposed floor plans is included in your file materials. ZONING BACKGROUND The building permit to construct the commercial building was issued in 1999. A copy of the permit is attached hereto as Exhibit 4, and a copy of the elevations is attached as Exhibit 5 for your review. At the time of construction, Locus was within the Business zoning district. A letter from Pat Butler, Esq. to Tom Perry, Building Commissioner, is attached hereto as Exhibit 6 for your review. As described in Pat Butler’s letter, the adoption of the Downtown Hyannis Zoning Districts rezoned Locus into the RB District, which rendered the office uses nonconforming. Although the basement storage units were not the focus of the letter, their use was allowed in the Business District prior to the zoning change. A copy of Section 240-21 of the Ordinance as amended by 3-11-1999, is attached hereto as Exhibit 7. Therefore, the zoning change that rendered the office use nonconforming would have rendered the storage units nonconforming as well. Research indicates that the storage units have been in use since the year 2000. A narrative explaining the use of the storage bays from 2000 to 2016 is attached hereto as Exhibit 8 for your review. Then, in 2017, Potter Avenue Realty, LLC, (Applicant under the Original Special Permit), acquired title to Locus. A copy of the Deed is attached hereto as Exhibit 9. Potter Avenue Realty, LLC’s continued use of the storage units is evidenced by its Application for Special Permit requesting that the storage units remain. In conclusion, the storage unit use (in 3 addition to the office use) has achieved nonconforming status, and is eligible to be converted to another nonconforming use pursuant to Section 240-94A of the Ordinance. This Board has the authority to modify the Original Special Permit or, in the alternative, grant a new Special Permit. SPECIAL PERMIT CONDITIONS AND ARGUMENT Section 240-125C requires this Board to find that the application falls within a category of the Zoning Ordinance that specifically authorizes the Zoning Board to grant a Special Permit. The Board has the authority to modify Special Permits and to grant Special Permits. Further, the Board must find that the proposed project, based upon the evidence presented, does not derogate from the spirit and intent of the Zoning Ordinance and that it is not substantially more detrimental to the public good or the neighborhood affected. a. Modification of Special Permit The Modification of Special Permit to: remove one (1) bedroom apartment from the second floor, remove one (1) storage unit in the basement, and construct one (1) two-bedroom apartment unit in the basement is not substantially more detrimental to the public good or the neighborhood affected. The change brings Locus into greater conformity with the RB zoning district by decreasing the amount of commercial activity onsite without increasing the number of apartment units. The removal of the large overhead doors results in an aesthetically appealing change to the building, and the project amounts to a net improvement to the public good and the neighborhood. For all of these reasons, the requested relief may be permitted without derogating from the spirit and intent of the Zoning Ordinance. b. Issuance of New Special Permit Section 240-94A Provides: 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; 4 (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. These requirements of Section 240-94A are met in this case. The Applicant received formal site plan review approval. A copy of the approval letter is in your file. No additional parking is required than the previous use, and there is no more traffic generated by the proposed use. A copy of a trip generation study (submitted to this Board in 2024) is included in your file. The proposed use will not increase the on-site and off-site dust, noise, and odors. There will not be an increase in hours of operation or number of employees because the proposed use is a residential apartment. Finally, there is no expansion of gross floor area of the nonconforming use because the proposed change is occurring within the basement, and ‘basements’ are included within the definition of ‘Gross Floor Area’ as defined under Section 240-128. Granting the relief would not increase the number of nonconforming uses onsite. For these reasons and for the reasons set forth for the modification his Board has authority to grant CONCLUSION Based on the foregoing, we submit to this Board that the Applicant meets the requirements for a Modification of the Original Special Permit or a grant of New Special Permit. We ask that you vote in favor of the Modification of Original Special Permit, or in the alternative, grant a New Special Permit as requested. Respectfully Submitted, /s/ Patrick R. Nickerson ________________________________ Patrick R. Nickerson Copacabana Realty Investment Inc. 1550 Falmouth Road, Suite 12 Centerville, MA 02632 508-771-9300 patrick@jwkesq.com 1,000.00 This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 167083 Feet feetApprox. Scale: 1 inch =83 Legend Town of Barnstable GIS Unit 367 Main Street, Hyannis, MA 02601 508-862-4624 gis@town.barnstable.ma.us Map printed on:2/4/2026 Zoning Districts Road Names DN W REF. REF. WWREF. DNW REF. REF. WCLOSET EXTENDED DECK & NEW EXTERIOR ENTRANCE CLOSET LIVING ROOM TV 72" Sofa36" Table BATHROOM BEDROOM Queen Bed 42" Dresser KITCHEN CLOSET 36" Door UNIT 2 408 SF BATHROOM CLOSET SLEEPING Queen Size Murphy Bed 36" Door KITCHEN 36" Island on Wheels 72" Sofa LIVING ROOM STACKED LAUNDRY Laundry Cabinets CLOSET TVCLOSETCLOSET BEDROOM 1Queen Bed 60" DresserCLOSET CLOSET Queen Bed BEDROOM 2 36" Door BATHROOM 34" x 60"Tub Linen Cabinet 30" Table TV LIVING ROOM KITCHEN72" Island CLOSET SHARED UTILITY CLOSET 30" Dresser 80" x 65" SofaUNIT 1 398 SF UNIT 3638SF Sh RELOCATED ETR ETR ETRETRNEWNEWETR NEW NEW ETRNEW WINDOWS TO WORK WITH COUNTERTOPS NEW ELEVATED WALKWAY FOR ACCESS TO UNIT # 2 -SUPPORTED ON SONO TUBE WOOD PIERS NEW STEPSTO GRADE NEW WINDOWS TO WORK WITH COUNTERTOPSRELOCATED ETRETRETR ETR 11'x 9. 5'5'x 2' 8'x 10' 8'x 9.5'5' x 2'16.5'x 11.5'9.5' x 10.5'6. 5'x 7'15. 5'x 8'12' x 6.5'9. 5'x 12'10.5' x 12'5. 5'x 7. 5'4'x 2'4'x 5'13' x 8'6.5'x 7.5'FOYER 8' x 5. 5' 3. 5'x 14' Stacked Laundry Stacked Laundry A2.1 1A2. 1 2 A2. 1 3 A2. 14 110 112 101 08 0910 14 13 12 01 06 15 106 11 111 108 109 105 117 118 119 113 115 104 114 120 116 102 103 107 16 07 02 03 04 05 CLOSET EAVE SPACE BATHROOM Shower 36" Door 48" BenchLaundry Cabinets Stacked Laundry 42" Dresser 80" x 65" Sofa CLOSET 48" Desk TV 84" Island BEDROOM Queen Size Murphy Bed KITCHEN LIVING ROOM 36" Door UNIT 5 631 SF UNIT 4 520 SF CLOSET BATHROOM SLEEPING Queen Bed LIVING ROOM KITCHEN72" Sofa 36" Door ETR ETR ETR ETR ETRETR ETR ETR ETR ETR ETR 30" TableCLOSETEAVESPACEBench w/Hooks Shelf Above Shower 84" SOFA10' x 11. 5'7.5'x 4.5'8'x 4. 5'13.5'x 20'6.5'x 6. 5' 8'x 4. 5'13.5' x 20'40" Dresser 8'x10'7'x 8'TV 2.5'x 3. 5' 3.5' x 3.5' 6' x 2'Stacked LaundryA2. 1 1 A2. 1 2 A2. 1 3 A2. 14 Laundry Cabinets 211917 2018 24252627 28 29 23 22 201206 207 209 210 208 211 202 204 203 205 EXISTING WALL CONSTRUCTION TO REMAIN WALL TYPE LEGEND:NEW WALL CONSTRUCTION 001002003004 006 005 GARAGE BAY 1 23.5'x 33. 5'GARAGE BAY 1 23. 5' x 33.5'BATHROOM 6' x 7' 30 31 32 33ETR ETRETR ETR ETR ETR ETRETRETR ETR DATE ISSUED:DRAWN BY:DRAWING NO.:SCALE:REVISIONS:203 WILLOW STREET, SUITE AYARMOUTHPORT, MA 02675 P. 508-362-8382 WWW.CATALYSTARCHITECTS.COM© Catalyst Architecture / Interiors, Inc. All rights reserved. The Copyrights to all designs and drawings are the property CatalystArchitecture / Interiors, Inc. Nouse or reproduction of this material is permitted without expressed written consent. 11/29/ 2023 11:56:28 AMC:\ Users\ymahairas\Documents\ 11 Potter Ave_11- 20- 23_CENTRAL_yanniCHFJA. rvt1/4" = 1'-0" A1.1 PROPOSED FLOOR PLANSMULTI-FAMILY CONVERSION STUDYAuthor 11. 29.202311 POTTER AVE, HYANNIS MAPOTTER AVENUE REALTY LLC1/ 4" = 1'-0"1 PROPOSED FIRST FLOOR PLAN 1/4" = 1'-0"3 PROPOSED 2ND FLOOR PLAN NO. DESCRIPTION DATE 1/4" = 1'-0" 2 PROPOSED BASEMENT FIRST FLOOR 0" SECOND FLOOR 9' -5" T.O. PLATE 17' -5" 01 02 03 04 05 06 101 17 18 19 20 21 NEW ELEVATED WALKWAY FOR ACCESS TO UNIT #2 - SUPPORTED ON SONO TUBE & WOOD PIERS NEW STEPS TO GRADE NEW WINDOWS NEW WINDOWS FIRST FLOOR 0" SECOND FLOOR 9' -5" LOWER LEVEL 10' -0" T.O. PLATE 17' -5" 001 002 003 004 24 25 26 27 111009 12 13 RELOCATED WINDOW FIRST FLOOR 0" SECOND FLOOR 9' -5" LOWER LEVEL 10' -0" T.O. PLATE 17' -5" 28 29 30 31 14 15 16 EXISTING FRONT WINDOW RELOCATED TO THIS LOCATION FIRST FLOOR 0" SECOND FLOOR 9' -5" LOWER LEVEL 10' -0" T.O. PLATE 17' -5" 22 23 106 07 08 33 32 NEW ELEVATED WALKWAY FOR ACCESS TO UNIT #2 - SUPPORTED ON SONO TUBE & WOOD PIERS NEW STEPS TO GRADE DATE ISSUED: DRAWN BY: DRAWING NO.: SCALE: REVISIONS: 203 WILLOW STREET, SUITE AYARMOUTHPORT, MA 02675 P. 508-362-8382 WWW.CATALYSTARCHITECTS.COM© Catalyst Architecture / Interiors, Inc. All rights reserved. The Copyrights to all designs and drawings are the property Catalyst Architecture / Interiors, Inc. No use or reproduction of this materialis permitted without expressedwritten consent. 11/29/ 2023 12:21:45 PMC:\ Users\ymahairas\Documents\ 11 Potter Ave_11- 20- 23_CENTRAL_yanniCHFJA. rvt1/4" = 1'-0" A2. 1 PROPOSED EXTERIOR ELEVATIONSMULTI- FAMILY CONVERSION STUDYAuthor 11. 29. 202311 POTTER AVE, HYANNIS - I 11,:,;., -Ii..:' ,, ,-I .j .• �:� -·� . . • I I •. _j, i ;{ �;'·: - � I Exhibit 5 N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y