Loading...
HomeMy WebLinkAboutSR-2026-006 Speedway LLC 156 Iyannough Rd HY SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2026-006 – Speedway LLC/Dunkin Section 240-93 B. Nonconforming buildings or structures not used as single or two family dwellings To alter and/or expand a preexisting nonconforming internally illuminated “Dunkin Donuts” building sign having approximately 20.66 sq ft of sign area Date: April 9, 2026 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Speedway LLC/Jason Parillo, Viewpoint Sign and Awning Property Location: 156 Iyannough Rd/Rte. 28, Hyannis, MA Assessor's Map/Parcel: 328/151 Zoning: Highway Commercial (HC) Zoning District Filed: March 12, 2026 Hearing: April 22, 2026 Decision Due: June 20, 2026 Copy of Public Notice Speedway LLC has applied for a Special Permit pursuant to Section 240-93 B. Nonconforming Buildings or Structures Not Used as Single- or Two-Family Dwellings. The Applicant seeks to alter and/or expand a preexisting nonconforming internally illuminated “Dunkin Donuts” building sign having approximately 20.66 sq. ft. of sign area. The proposed “Dunkin” sign would be internally illuminated having 12.12 sq. ft. of sign area. The subject property is located at 156 Iyannough Road, Hyannis, MA as shown on Assessor’s Map 328 as Parcel 151. It is located in the Highway Commercial (HC) Zoning District. Background The subject property is 0.82 acres with a Speedway gas station and Dunkin Donuts located at the major intersection of Iyannough Rd/Rte. 28 and Yarmouth Road across the street from the railroad tracks. The structure is 1,910 gross square feet and was constructed in 2005. The area is commercial in nature with various lot sizes. Section 240-93 B. reads: Nonconforming buildings or structures not used as single- or two-family dwellings. A. As of right. (1) The normal and customary repair and maintenance of a preexisting nonconforming building or structure not used as a single or two-family dwelling is permitted as of right. (2) The alteration and expansion of a preexisting nonconforming building or structure, housing a conforming use, is permitted as of right, provided that the alteration or expansion does not increase or intensify the degree of the preexisting nonconformity of the building or structure, and that the alteration or expansion conforms in all other respects with all applicable requirements of this chapter. B. By special permit. Alterations or expansions in a preexisting nonconforming building or structure that do not meet the provisions of Subsection A shall be permitted only by a special permit from the Zoning Board of Appeals. In granting such special permit, the Board must find that the proposed repairs, alterations and/or expansion are not substantially more detrimental to the Town of Barnstable Planning and Development Department Staff Report Special Permit 2026-006 – Speedway LLC 2 surrounding neighborhood. If the building or structure houses a nonconforming use, the provisions of § 240-94 shall also apply. Proposal & Relief Requested Speedway LLC has applied for a Special Permit pursuant to Section 240-93 B. Nonconforming Buildings or Structures Not Used as Single- or Two-Family Dwellings. The Applicant seeks to alter and/or expand a preexisting nonconforming internally illuminated “Dunkin Donuts” building sign having approximately 20.66 sq. ft. of sign area. The proposed “Dunkin” sign would be internally illuminated having 12.12 sq. ft. of sign area. The subject property is located at 156 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. 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 240-93 B. Allows the alteration and/or expansion of a preexisting nonconforming building or structure. 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 was not required. Suggested Special Permit Conditions Should the Board find to grant Special Permit No. 2026-006, pursuant to Section 240-93 B. Nonconforming Buildings or Structures Not Used as Single- or Two-Family Dwellings to alter and/or expand a preexisting nonconforming internally illuminated “Dunkin Donuts” building sign having approximately 20.66 sq. ft. of sign area at 156 Iyannough Road, Hyannis, MA, it may wish to consider the following conditions: 1. Special Permit No. 2026-006 is granted to Speedway LLC to alter and/or expand a preexisting nonconforming internally illuminated “Dunkin Donuts” building sign having approximately 20.66 sq. ft. of sign area. The proposed “Dunkin” sign would be internally illuminated having 12.12 sq. ft. of sign area. The subject property is located at 156 Iyannough Road, Hyannis, MA 2. The proposed sign shall be in substantial conformance with the plan entitled “Dunkin” by Viewpoint Sign & Awning, dated March 25, 2025. Town of Barnstable Planning and Development Department Staff Report Special Permit 2026-006 – Speedway LLC 3 3. 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