HomeMy WebLinkAboutSR-2026-037 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. 2026-037 – CR Southwind LLC
Section 240-33 E. Industrial District Bulk Regulations
Applicant seeks a Variance to reduce the required 30-foot side yard setback to zero (0) feet
on Lot 3
Date: August 27, 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 240-33 E. Industrial District
Bulk Regulations. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot
into 6 separate lots. No changes are proposed to the existing plaza, but the separation of the
single lot into 6 new lots created nonconformities for which relief is being requested. Lot 3 presently
is the location of Kohl’s. A portion of a party wall located in the Industrial Zone abuts the side yard
lot line. The Applicant is requesting a Variance to reduce the required 30-foot side yard setback to
0 feet. 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 the separation of the single lot into six (6) new lots
created nonconformities for which relief is being requested.
Existing Conditions Plan – Lot 3 presently is the location of Kohl’s. The building has 47,433 square
feet of retail space and 7,322 square feet of storage space.
Section 240-33 E. sets forth the Bulk Regulations for the Industrial Zone. A 30-foot side yard
setback is required. A portion of a party wall located in the Industrial Zone abuts the side yard lot
line. The Petitioner is requesting a variance to reduce the required 30-foot side yard setback to
zero (0) feet.
Proposal & Relief Requested
CR Southwind, LLC has applied for a Variance pursuant to Section 240-33 E. Industrial District
Bulk Regulations. The Applicant filed an Approval Not Required (ANR) plan dividing the single lot
into 6 separate lots. No changes are proposed to the existing plaza, but the separation of the
single lot into 6 new lots created nonconformities for which relief is being requested. Lot 3 presently
Town of Barnstable Planning and Development Department Staff Report
Variance 2026-037 – CR Southwind LLC
2
is the location of Kohl’s. A portion of a party wall located in the Industrial Zone abuts the side yard
lot line. The Applicant is requesting a Variance to reduce the required 30-foot side yard setback to
0 feet. 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. 2026-037, pursuant to Section 240-33 E. Industrial
District Bulk Regulations to reduce the required 30-foot side yard setback to 0 feet due to a portion
of a party wall located in the Industrial Zone abuts the side yard lot line at 65 Independence Drive
and 990 Iyannough Road, Hyannis, MA, it may wish to consider the following conditions:
1. Variance No. 2026-037 is granted to CR Southwind, LLC CR Southwind, LLC pursuant to
Section 240-33 E. Industrial District Bulk Regulations to reduce the required 30-foot side yard
setback to 0 feet due to a portion of a party wall located in the Industrial Zone abuts the side
yard lot line 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
Town of Barnstable Planning and Development Department Staff Report
Variance 2026-037 – CR Southwind LLC
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Division prior to issuance of a building permit. The rights authorized by this Variance must be
exercised within two years, unless extended.
Copies: Applicant (Attorney Kenney)
Attachments: Application
Plans