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Home My WebLink AboutSR-2026-029 CR Southwind LLC 65 Independence Dr and 990 Iyannough Rd HY V Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Variance No. 2026-029 – CR Southwind LLC Section 240-35 F. (3) Groundwater Protection Overlay District Lot Coverage Applicant seeks a Variance to allow lot coverage to increase from 62% to 64.20% Date: August 25, 2026 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioner: 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 Variance pursuant to Section 240-35 F. (3) Groundwater Protection Overlay District Lot Coverage. The Applicant seeks a Variance to allow lot coverage to be increased from 62% to 64.20% for the entire Southwind Plaza Shopping Center parcel. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, as shown on Assessor’s Map 295 as 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%. Petition seeks a variance to allow lot coverage to be increased from 62% to 64.20% for the entire Southwind Plaza Shopping Center parcel. Section 240-35 F. (3) reads: Lot coverage. Unless the applicant demonstrates that all runoff is recharged on site, no more than 15% or 2,500 square feet, whichever is greater, of the total area of any lot shall be rendered impervious by the installation of buildings, structures and paved surfaces. If all recharge is disposed of on site, no more than 50% of the total upland area of any lot shall be made impervious by the installation of buildings, structures, and paved surfaces. For the purposes of this section, a temporary (i.e., not more than 182 days) air-supported or removable bubble/dome over a sports and recreation facility’s outdoor use (e.g., outdoor field, track, court, and swimming pool) shall not be considered a building or structure. Proposal & Relief Requested CR Southwind, LLC has applied for a Variance pursuant to Section 240-35 F. (3) Groundwater Protection Overlay District Lot Coverage. The Applicant seeks a Variance to allow lot coverage to Town of Barnstable Planning and Development Department Staff Report Variance 2026-029 – CR Southwind LLC 2 be increased from 62% to 64.20% for the entire Southwind Plaza Shopping Center parcel. 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. Variance Findings - NEW New analysis is whether “strict enforcement of the ordinance or by-law would result in practical difficulty.” ZBA must weigh the benefits to the applicant and to the public interest (which includes housing production) against the detriment to the public health, safety and welfare of the impacted neighborhood. ZBA may consider: (i) whether the practical difficulty relates to soil conditions, shape or topography of the land or structure; (ii) whether strict enforcement would impose a financial hardship on the appellant or petitioner; (iii) whether the benefit sought by the petitioner can be achieved by some other method that is feasible for the petition to achieve; and (iv) whether the practical difficulty was self -created. Suggested Variance Conditions Should the Board find to grant Variance No. 2026-029, pursuant to Section 240-35 F. (3) Groundwater Protection Overlay District Lot Coverage to allow lot coverage to be increased from 62% to 64.20% for the entire Southwind Plaza Shopping Center parcel. The subject property is located at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, it may wish to consider the following conditions: 1. Variance No. 2026-029 is granted to CR Southwind, LLC for a Variance pursuant to Section 240-35 F. (3) Groundwater Protection Overlay District Lot Coverage to allow lot coverage to be increased from 62% to 64.20% for the entire Southwind Plaza Shopping Center parcel 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 Variance must be exercised within two years, unless extended. Town of Barnstable Planning and Development Department Staff Report Variance 2026-029 – CR Southwind LLC 3 Copies: Applicant (Attorney Kenney) Attachments: Application Plans