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HomeMy WebLinkAboutSR-2022-013 Scarpellini Copeland Subaru Falmouth Rd & Walton Ave HY Use VarianceTown of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Variance No.2022-013 –Scarpellini/Copeland Subaru Section 240-35 F. (2) (a) Groundwater Protection Overlay District Regulations and Section 240-11 A. Residence B District To allow the combination of 4 lots to serve as the campus for Copeland Subaru Date:March 29, 2022 To:Zoning Board of Appeals From:Anna Brigham, Principal Planner Petitioner:Bryan Scarpellini/Copeland Subaru of Hyannis Petitioners Address:22 Ridgewood Avenue, Hyannis, MA Property Location:95 and 123 Falmouth Road (Rte 28) and 172 and 190 Walton Avenue, Hyannis, MA Assessor's Map/Parcel:311/073, 078, 084, and 083 Zoning:Residence B (RB)and Highway Business (HB) Filed:March 9, 2022 Hearing:April 27, 2022 Decision Due:June 17 2022Copy of Public Notice Bryan Scarpellini/Copeland Subaru has petitioned for a Use Variance from Section 240-35 F. (2) (a) Groundwater Protection Overlay District and Section 240-11 A. Residence B (RB) Zoning District. The Petitioner seeks to combine properties at 172 and 180 Walton Avenue as well as 95 and 123 Falmouth Road, Hyannis, to create one site for Copeland Subaru of Hyannis. The Use Variance is requested to allow for vehicle display and sales at 172 and 180 Walton Avenue. The subject properties are located at 172 and 180 Walton Avenue, Hyannis, MA, as shown on Assessors Map 311, as Parcels 083, 084, 078, and 073. The properties are split zoned Highway Business (HB) and Residence B (RB) and are both located within the Ground Water Protection (GP) Overlay District. Background The subject properties are: 172 Walton Avenue and 180 Walton Avenue are both 0.42 acres and currently vacant. The Highway Business Zoning District bisects both lots. The lot addressed as 95 Falmouth Road is a 1.54 acre lot containing 8,905 square foot building for auto sales and service constructed in 1960.The Highway Business District boundary bisects this property.The lot addressed as 123 Falmouth Road is a 0.92 acre lot which contains 2,080 square foot building used as a service shop and constructed in 1970.This lot is entirely located in the Highway Business District. Proposal &Relief Requested Bryan Scarpellini/Copeland Subaru has petitioned for a Use Variance from Section 240-35 F. (2) (a) Groundwater Protection Overlay District and Section 240-11 A. Residence B (RB) Zoning District. The Petitioner seeks to combine properties at 172 and 180 Walton Avenue as well as 95 and 123 Falmouth Road, Hyannis, to create one site for Copeland Subaru of Hyannis. The Use Variance is requested to allow for vehicle display and sales at 172 and 180 Walton Avenue. The subject properties are located at 172 and 180 Walton Avenue, Hyannis, MA. Town of Barnstable Planning and Development Department Staff Report Appeal 2022-013 –Scarpellini Copeland Subaru 2 Variance Findings The statutory requirement of MGL Chapter 40A, Section 10 for granting a variance is a three- prong test. The Board is required to find that each of the following three requirements has been met in order to consider granting the variance: 1.owing to circumstances related to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located; 2.a literal enforcement of the provisions of the zoning ordinance would involve substantial hardship, financial or otherwise to the petitioner; and 3.desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. An application for a variance that has met all three requirements “does not confer … any legal right to a variance.” The Board still has the discretionary power to grant or not to grant the variance. Suggested Variance Conditions Should the Board find to grant the Variance, it may wish to consider the following conditions: 1.Use Variance No.2022-013 is granted from Section 240-35 F. (2) (a) Groundwater Protection Overlay District and Section 240-11 A. Residence B (RB) Zoning District for the use of vehicle display and sales at 172 and 180 Walton Avenue. The Petitioner is combining properties at 172 and 180 Walton Avenue as well as 95 and 123 Falmouth Road, Hyannis, to create one site for Copeland Subaru of Hyannis. 2.The site development shall be constructed in substantial conformance with the plan set entitled “#95 /123 Falmouth Road #172/180 Walton Avenue Hyannis, MA”dated October 4, 2021, revised November 23 2021 by Down Cape Engineering, Inc. 3.All Site Plan Review conditions of approval are hereby incorporated into this Decision. 4.The above-described redevelopment shall represent full build-out of the lot. No further additions or accessory structures or expansion of impervious surface coverage shall be permitted without approval from the Board. 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 one year, unless extended. Copies:Applicants (c/o Attorney John Kenney Attachments:Application Plans