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HomeMy WebLinkAboutSR-2026-028 CR Southwind LLC 65 Independence Dr and 990 Iyannough Rd HY NC SP Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2026-028 – CR Southwind LLC Section 240-93 B. Nonconforming buildings or structures not used as single or two family dwellings Applicant seeks to modify Special Permit No. 2013-055 Condition No. 3 Date: August 25, 2026 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: CR Southwind LLC Property Location: 65 Independence Drive and 990 Iyannough Rd Hyannis, MA Assessor's Map/Parcel: Map 295 Parcels 015 X01, 015 X02, and Map 294 as Parcel 004 Zoning: Highway Business (HB) Business (B) and Industrial (IND) Districts Filed: August 11, 2026 Hearing: September 9, 2026 Decision Due: November 18, 2026 Copy of Public Notice CR Southwind, LLC has applied for a Special Permit and a Modification of Special Permit No. 2013-055 pursuant to Section 240-93 B. Nonconforming Buildings or Structures Not Used as Single- or Two-Family Dwellings. The Applicant seeks a Special Permit to allow an expansion of the preexisting nonconforming lot coverage from 62% to 64.20% for the entire Southwind Plaza Shopping Center parcel. The Applicant further requests that Condition No. 3 of Special Permit No. 2013-055 be modified to reflect the increase in lot coverage. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 Parcels 015 X01, 015 X02, and Assessors Map 294 as Parcel 004, respectively. It is located in the Highway Business (HB), Business (B), and Industrial (IND) Zoning Districts. Background The subject property is a retail shopping center called Southwind Plaza. It consists of three buildings containing 250,834 square feet located on one lot. The Applicant filed an Approval Not Required (ANR) Plan with the Planning Board dividing the single lot into six (6) separate lots. No changes are proposed to the existing plaza, but survey work conducted during the preparation of the ANR revealed total lot coverage to be 64.20%. Section 240-35 F. (3) limits lot coverage in the Groundwater Protection Overlay District to 50%. Two prior zoning decisions approved increases in lot coverage to 62%. The Applicants seeks a special permit to allow an expansion of the preexisting nonconforming lot coverage from 62% to 64.20% for the entire Southwind Plaza Shopping Center parcel. The Applicant further requests that Condition No. 3 in Special Permit No. 2013-055 be modified to reflect the increase in Lot Coverage from 62% to 64.20%. 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. Town of Barnstable Planning and Development Department Staff Report Special Permit 2026-028 – CR Southwind LLC 2 (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. Proposal & Relief Requested CR Southwind, LLC has applied for a Special Permit and a Modification of Special Permit No. 2013-055 pursuant to Section 240-93 B. Nonconforming Buildings or Structures Not Used as Single- or Two-Family Dwellings. The Applicant seeks a Special Permit to allow an expansion of the preexisting nonconforming lot coverage from 62% to 64.20% for the entire Southwind Plaza Shopping Center parcel. The Applicant further requests that Condition No. 3 of Special Permit No. 2013-055 be modified to reflect the increase in lot coverage. The subject property is located at 65 Independence Drive and 990 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 approval letter dated March 23, 2026. Suggested Special Permit Conditions Should the Board find to grant Special Permit No. 2026-028, and a Modification of Special Permit No. 2013-055 pursuant to Section 240-93 B. Nonconforming Buildings or Structures Not Used as Town of Barnstable Planning and Development Department Staff Report Special Permit 2026-028 – CR Southwind LLC 3 Single- or Two-Family Dwellings to allow an expansion of the preexisting nonconforming lot coverage from 62% to 64.20% for the entire Southwind Plaza Shopping Center parcel. The Applicant further requests that Condition No. 3 of Special Permit No. 2013-055 be modified to reflect the increase in lot coverage at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, it may wish to consider the following conditions: 1. Special Permit No. 2026-028 is granted to CR Southwind, LLC pursuant to Section 240-93 B. Nonconforming Buildings or Structures Not Used as Single- or Two-Family Dwellings to allow an expansion of the preexisting nonconforming lot coverage from 62% to 64.20% for the entire Southwind Plaza Shopping Center parcel. The Applicant further requests that Condition No. 3 of Special Permit No. 2013-055 be modified to reflect the increase in lot coverage for the property located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “The Home Depot Expansion” Sheets 1-10 prepared by BSC Group dated September 4, 2020 and revised January 15, 2021. Also, “Approval Not Required Plan of Land” sheet ANR-1.0 and ANR-2.0 prepared by Mallon Land Surveying LLC dated April 10, 2026. Also, 81-X Plan of Land prepared by BSC Group dated May 1, 2007. 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. Applicant must submit a copy of the easement to the Town of Barnstable at lot transfer. 5. 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 Kenney) Attachments: Application Plans