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HomeMy WebLinkAboutSR-2026-043 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. 2026-043 – CR Southwind LLC Section 240-33 F. and 240-32 F. Special Screening Standards Applicant seeks a Variance to the extent the provisions apply 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 F. and 240-32 F. Special Screening Standards. 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 5 is presently the location of Ethan Allen. Section 240-33 F of the Zoning Ordinance provides that the special screening requirements set forth in Section 240-32 F of the Zoning Ordinance apply to retail uses in the Industrial Zoning District. To the extent that the provisions of Section 240-33F and 240-32F apply, the Petitioner requests a variance. 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 5 is the current location of Ethan Allen. The building has 8,000 square feet of retail space. Section 240-33 F. provides that special screening requirements set forth in Section 240-32 F. apply to retail uses in the Industrial Zoning District. Proposal & Relief Requested CR Southwind, LLC has applied for a Variance pursuant to Section 240-33 F. and 240-32 F. Special Screening Standards. 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 5 is presently the location of Ethan Allen. Section 240-33 F of the Zoning Ordinance Town of Barnstable Planning and Development Department Staff Report Variance 2026-043 – CR Southwind LLC 2 provides that the special screening requirements set forth in Section 240-32 F of the Zoning Ordinance apply to retail uses in the Industrial Zoning District. To the extent that the provisions of Section 240-33F and 240-32F apply, the Petitioner requests a variance. 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 befor e 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. 2026-043, pursuant to Section 240-33 F. and 240-32 F. Special Screening Standards to the extent that the provisions of Section 240-33F and 240-32F apply to lot 5, at 65 Independence Drive and 990 Iyannough Road, Hyannis, MA, it may wish to consider the following conditions: 1. Variance No. 2026-043 is granted to CR Southwind, LLC pursuant to Section 240-33 F. and 240-32 F. Special Screening Standards to the extent that the provisions of Section 240-33F and 240-32F apply to lot 5, 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 2026-043 – CR Southwind LLC 3 Copies: Applicant (Attorney Kenney) Attachments: Application Plans