Loading...
HomeMy WebLinkAboutZoning Memorandum 156 Iyannough Road 4-17-26 1 MEMORANDUM TO: Zoning Board of Appeals FROM: Patrick R. Nickerson, Esq. SUBJECT APPEAL NO.: Appeal No. 2026-006 Special Permit HEARING DATE: April 22, 2026 APPLICANT: Speedway, LLC PROPERTY: 156 Iyannough Road, Hyannis, MA 02601 ASSESSOR’S MAP: Map 328, Parcel 151 LOT SIZE: 35,719.2 sq. ft. ± (0.82 acres) (Developed Lot) ZONING DISTRICT: HC- Highway Commercial Zoning District & Registered Recreational Marijuana Cultivators, Research Facilities, and Testing Laboratories Overlay District. GROUND WATER OVERLAY DISTRICT: WP - Wellhead Protection Overlay District RELIEF REQUESTED: Applicant is seeking a Special Permit pursuant to Section 240-93B non-conforming buildings or structures not used as single or two- family dwellings. 2 BACKGROUND AND PROCEDURAL HISTORY The subject premise is located at 156 Iyannough Road, Hyannis, MA (hereinafter “Locus”), shown as Parcel 151 on the Town of Barnstable Assessor’s Map 328, a copy of which is attached hereto as Exhibit 1 for your review. Hess Retail Stores LLC acquired title to Locus by a deed recorded in the Barnstable County Registry of Deeds at Book 28253, Page 164. A copy is attached hereto as Exhibit 2 for your review. On or about September 30, 2015, Hess Retail Stores LLC merged into Speedway LLC. A copy of the certificate of merger from the State of Delaware is attached hereto as Exhibit 3 for your review. Locus is improved by a gas station and a convenience store that includes a Dunkin' Donuts restaurant. Recently, Dunkin’ Donuts has rebranded to “Dunkin.” This rebranding has prompted franchisees from around the world to alter their existing signage. In this case, the Applicant is seeking a Special Permit to alter its preexisting nonconforming building sign DESCRIPTION OF PROPOSED PROJECT The Applicant is seeking to alter its preexisting nonconforming internally illuminated “Dunkin Donuts” building sign having approximately 20.66 sq. ft. of sign area (“Building Sign”). The Applicant proposes to remove the channel light letters and coffee cup logo, keep and reuse the power source and secondary sign wiring, and install new channel light letters reading “Dunkin’” into the existing wiring. The resulting “Dunkin’” sign would have approximately 12.66 sq. ft. of sign area. ZONING BACKGROUND A permit for the Building Sign, pylon sign, and “Christy’s” building sign totaling 84 square feet of sign area was issued in 2005. A copy of the permit is included in your meeting materials. According to the zoning narrative provided by Town Staff (“Narrative”), when the permit was issued, Locus was zoned HB, which allowed for internally illuminated signs and a maximum aggregate square footage of 100 square feet. A copy of the Narrative is included in your meeting materials. According to the Narrative, the Building Sign achieved pre-existing nonconforming status as a result of subsequent amendments to the Town of Barnstable Zoning Ordinance. As alluded to in the Narrative, this status is actually achieved in two distinct ways. First, the Building Sign achieves preexisting nonconforming status because it contributes to an aggregate amount of sign area that exceeds the maximum allowed in the Highway Commercial District. Pursuant to Section 240-67, only 50 square feet of aggregate square footage is allowed. Second, the Building Sign achieves preexisting nonconforming status because it is an internally illuminated sign. Pursuant to Section 240-24.1.5 D(4)(a), internally illuminated signs are prohibited in the Downtown Hyannis Zoning Districts. 3 Despite these zoning changes, the Building Sign may be altered or extended pursuant to Section 240-93 of the Ordinance: 240-93. 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 surrounding neighborhood. If the building or structure houses a nonconforming use, the provisions of § 240-94 shall also apply. Although the proposed alteration would lessen the degree of nonconformity of the Building Sign, a special permit is required because the resulting sign does not achieve compliance with Section 240-67 or 240-24.1.5D(4)(a). 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 grant Special Permits pursuant to Section 240-93B. 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. The proposed alteration is not substantially more detrimental to the public good or the neighborhood affected. A reduction in the Building Sign area cannot be considered to be substantially more detrimental than what is already there. The resulting sign would be a net improvement to the public good and the neighborhood, and it would improve the value of Locus. For all of these reasons, the proposed alteration may be permitted without derogating from the spirit and intent of the Zoning Ordinance. CONCLUSION 4 Based on the foregoing, we submit to this Board that the Applicant meets the requirements for a Special Permit pursuant to the zoning ordinance. We ask that you vote in favor of the Special Permit as requested. Respectfully Submitted, /s/ Patrick R. Nickerson ________________________________ Patrick R. Nickerson Attorney 1550 Falmouth Road, Suite 12 Centerville, MA 02632 508-771-9300 patrick@jwkesq.com