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HomeMy WebLinkAboutSR-2026-009 Church of the Redeemer CC 11 Enterprise Rd Unit 19 HY MOD SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2026-009 – Church of the Redeemer CC Inc/Kopelman Section 240-8 A. (3) Modification Permit To seek relief from the parking requirements Date: May 14, 2026 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant Church of the Redeemer CC Inc./Kopelman Property Location: 11 Enterprise Rd, Unit 19, Hyannis, MA Assessor's Map/Parcel: 293/004-20A Zoning: Business (B) Zoning District Filed: April 28, 2026 Hearing: May 27, 2026 Decision Due: August 6, 2026 Copy of Public Notice Church of the Redeemer CC, Inc. has applied for a Modification Permit pursuant to Section 240-8 A. (3) Exempt Uses. The Applicant seeks to occupy Unit 19 for its religious use with up to 40 seats, which shall require relief from the Zoning Ordinance’s parking requirements in Section 240-56. Section 240-57 allows the Board to grant a Special Permit for certain circumstances warranting reduction of parking requirements. Unit 19 has been allocated 6 parking spaces under the original permitting, which would allow occupancy by approximately 18 persons. The proposed 40 seats would require 15 total parking spaces, so the Applicant is seeking relief for the remaining 9 required parking spaces. The subject property is located at 11 Enterprise Road, Hyannis, MA, as shown on Assessor’s Map 293 as Parcel 004-20A. It is located in the Business (B) Zoning District. Background The property consists of 2.22 acres and contains one large 26,250 square foot business use building with 21 units developed in 1985. The Applicant is applying for a Modification Permit for unit 19 in this large building. In 1986 the property was transferred to a condominium form of ownership. The property has frontage on both Bearses Way and Enterprise Road, but access is from Enterprise Road, Hyannis. The area consists of a variety of lot sizes and both office and retail uses in an Industrial Park. § 240-8 Exempt uses. A. The following uses and structures are permitted in all zoning districts: (1) Municipal and water supply uses. (2) Municipal recreation use, including recreational activities conducted on Town-owned land under the terms of a lease approved by Town Council. In the case of such a lease, any improvements or changes to such Town-owned land shall be subject to the review of a committee of five residents appointed by the Town Manager or Town Council, at least two of whom shall be from the precinct in which the land is located. (3) The use of land or structures exempt from the use provisions of this chapter pursuant to MGL Ch. 40A, § 3, and any other statute. Town of Barnstable Planning and Development Department Staff Report Modification Permit 2026-009 – Church of the Redeemer CC 2 (a) Where such exempt uses are subject to reasonable regulation of bulk, density and parking regulations by MGL Ch. 40A, § 3, reasonable regulation shall be deemed to be: the bulk regulations of the zoning district, except that church steeples may be permitted up to 75 feet in height; Article VI, Off-Street Parking Regulations; and Article IX, Site Plan Review. (b) Where the proposed use does not comply with Subsection A(3)(a) above, the Zoning Board of Appeals shall by a modification permit, modify the bulk regulations of the zoning district and/or the parking requirements of Article VI, Off-Street Parking Regulations, where such regulation would substantially diminish or detract from the usefulness of a proposed development, or impair the character of the development so as to affect its intended use, provided that the modification of the bulk regulations and/or parking requirements will not create a public safety hazard along the adjacent roadways and will not create a nuisance to other, surrounding properties such that it will impair the use of these properties. (c) A modification permit shall be subject to the same procedural requirements as a special permit, except that approval of the modification permit shall require a majority of the members of the Board. Proposal & Relief Requested Church of the Redeemer CC, Inc. has applied for a Modification Permit pursuant to Section 240-8 A. (3) Exempt Uses. The Applicant seeks to occupy Unit 19 for its religious use with up to 40 seats, which shall require relief from the Zoning Ordinance’s parking requirements in Section 240-56. Section 240-57 allows the Board to grant a Special Permit for certain circumstances warranting reduction of parking requirements. Unit 19 has been allocated 6 parking spaces under the original permitting, which would allow occupancy by approximately 18 persons. The proposed 40 seats would require 15 total parking spaces, so the Applicant is seeking relief for the remaining 9 required parking spaces. The subject property is located at 11 Enterprise 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/Modification 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 240-8 A. (3) Allows for a modification of parking requirements for exempt uses. Town of Barnstable Planning and Development Department Staff Report Modification Permit 2026-009 – Church of the Redeemer CC 3 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 not required. See email from Brian Florence, Building Commissioner, dated May 20, 2026. Suggested Modification Permit Conditions Should the Board find to grant Modification Permit No. 2026-009, pursuant to Section 240-8 A. (3) Exempt Uses, to allow the Church of the Redeemer CC, Inc. to reduce the parking requirements under Section 240-56. Section 240-57 at 11 Enterprise Road, Unit 19, Hyannis, MA, it may wish to consider the following conditions: 1. Modification Permit No. 2026-009 is granted to Church of the Redeemer CC, Inc. to occupy Unit 19 for its religious use with up to 40 seats, which shall require relief from the Zoning Ordinance’s parking requirements in Section 240-56. Section 240-57. Unit 19 has been allocated 6 parking spaces under the original permitting, which would allow occupancy by approximately 18 persons. The proposed 40 seats would require 15 total parking spaces, so the Applicant is seeking relief for the remaining 9 required parking spaces. The subject property is located at 11 Enterprise Road, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Proposed Site Plan” prepared by BSC, dated February 18, 1985. 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 Modification Permit must be exercised within two years, unless extended. Copies: Applicant (Attorney Eliza Cox) Attachments: Application Plans