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Home My WebLink AboutSR - SP 378 384 Barnstable Road & 425 Iyannough RoadTown of Barnstable Planning & Development Department Staff Report Special Permit Application No. 2026-003 J&P Hyannis Trust 378 and 384 Barnstable Road & 425 Iyannough Road, Hyannis, MA Date: August 20, 2026 To: Stephen Robichaud, Chair, Planning Board From: Planning & Development Department Staff Applicant: J&P Hyannis Trust Property Address: 378 and 384 Barnstable Road & 425 Iyannough Road, Hyannis, MA Assessor’s Map/Parcel: 311/26 & 328/70 Zoning District: Highway Commercial (HC), Wellhead Protection (WP), Groundwater Protection (GP) Background The applicant, J&P Realty Trust, will be submitting an Approval Not Required plan to combine the nonconforming lot containing 378 and 384 Barnstable Road with 425 Iyannough Road, which will create a new lot. Applicant’s Relief Requested The Applicant has requested a Special Permit pursuant to M.G.L. Chapter 40A, Section 6, and sections 240-90 and 240-24.1.3 of the town’s zoning ordinance, to protect the legal pre-existing nonconforming status on the parcel located at 425 Iyannough Road. Other Approvals Site Plan Review approval was previously granted for a project to construct two commercial buildings located at 378 Barnstable Road in October 2023. As a part of this approval, the applicant was directed to submit an approval not required plan (ANR) to merge the lot with the adjoining one located at 425 Iyannough Road before a certificate of occupancy (CO) could be issued. Decision If the Board needs additional information for consideration the Board may make a motion to continue SP 2026-003 378 and 384 Barnstable Road & 425 Iyannough Road, Hyannis to September 14, 2026 at 7:00 PM. If the Board has exhausted their review the Board may close the hearing. After Board deliberation a motion may be made: To (approve, approve with conditions, or disapprove) Special Permit 2026-003 378 and 384 Barnstable Road & 425 Iyannough Road, Hyannis. Prior to second please list applicable findings. If with conditions please reference the conditions prior to the second. Planning & Development Staff Report Special Permit No. 2026-003 378 and 384 Barnstable Road & 425 Iyannough Road, Hyannis 2 Draft Findings 1. The property location is 378 and 384 Barnstable Road & 425 Iyannough Road, Hyannis, Hyannis is shown on Assessor’s Map 311 Parcel 26 and Map 328 Parcel 70 in the Highway Commercial (HC) district. 2. The applicant, J&P Realty Trust, seeks a Special Permit pursuant to M.G.L. Chapter 40A, Section 6, and sections 240-90 and 240-24.1.3 of the town’s zoning ordinance. The applicant seeks to protect the legal pre-existing nonconforming status on the parcel located at 425 Iyannough Road. 3. The plan entitled “Existing Conditions Special Permit Plan”, prepared for JPA Management, LLC, prepared by Baxter Nye Engineering & Surveying, dated June 4, 2026, identifies the following pre-existing nonconformities on the site: 1. Secondary front setback: 16.1 feet where 20 is required (Kings Way) 2. Side setback: 3.7 feet where 10 is required 3. Lot coverage: 91.1% where 50% is maximum 4. Natural state: 0% where 30% is required 5. Parking lot front landscape buffer: 9.8 feet where 10 feet is required 6. Parking lot side landscape buffer: 0 feet where 6 feet is required 7. Parking lot interior landscaping: 1.8% where 10% is required 8. Parking lot trees: 4 trees where 82 trees are required 9. Parking lot front buffer trees: 4 trees along Barnstable-Hyannis Road where 13 trees are required and 1 tree along Iyannough Road where 4 trees are required 10. Parking lot understory requirement: No understory or shrubbery where one understory tree is required 11. Parking lot setback to building: 0 feet where 10 feet is required 12. Parking lot interior landscape island width: 0 feet where 6 or 8 feet is required 13. Curb cut width: 46 feet where 24 feet is maximum 14. Parking requirements: 412 spaces where 464 is required 15. Parking space size: 9.1’ x 16.8’ where 9’ x 20’ is required and 8.7’ x 21.8’ for parallel spaces where 9’ x 23’ is required 4. The Planning Board finds that the issuance of the Special Permit is consistent with the Design and Infrastructure Plan and that the development meets the following criteria: a. Support economic activities that create livable-wage jobs. 5. The application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. Section 240-90 state: It is the intent of this section to protect property rights of owners of preexisting legally created nonconforming lots, uses and buildings or structures and to provide regulation of changes or expansion of preexisting nonconforming structures, building and uses. Section 240-24.1.3.B states that the Planning Board is the Special Permit Granting Authority (SPGA) for all development within the Downtown Hyannis Zoning Districts. Planning & Development Staff Report Special Permit No. 2026-003 378 and 384 Barnstable Road & 425 Iyannough Road, Hyannis 3 6. 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. 7. Site plan review is not required for this project. 8. The proposed repairs, alterations and/or expansion are not substantially more detrimental to the surrounding neighborhood. Draft Conditions Should the Board find to grant the Special Permit for the requested relief, it may wish to consider the following conditions: 1. The relief granted shall be substantially in conformance with the record plans entitled “Existing Conditions Special Permit Plan”, prepared for JPA Management, LLC, prepared by Baxter Nye Engineering & Surveying, dated June 4, 2026. 2. This Special Permit shall apply to 378 and 384 Barnstable Road & 425 Iyannough Road, Hyannis, Hyannis is shown on Assessor’s Map 311 Parcel 26 and Map 328 Parcel 70. 3. This Special Permit shall allow for the protection of the legal pre-existing nonconforming status on the parcel located at 425 Iyannough Road , as identified on the plan entitled “Existing Conditions Special Permit Plan”, prepared for JPA Management, LLC, prepared by Baxter Nye Engineering & Surveying, dated June 4, 2026. 4. The proposed redevelopment shall represent full build -out of the lot. Further expansion of the structure is prohibited without prior approval from the Board. 5. This Decision shall be recorded at the Barnstable County Registry of Deeds and copies submitted to the Planning Board and Building Division prior to the issuance of any building permit and commencement of use. 6. The rights of this Special Permit must be exercised within 2 years from the date it is filed with the Town Clerk’s Office.