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HomeMy WebLinkAboutSR-2022-017 Cape Pups Playcare 1336 Phinneys Lane HY Special Permit kennelTown of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No.2022-017 –Cape Pups Playcare, LLC, as Leasee 240-125 C. Special Permit Provisions Section 403-3 B. Kennel License To allow the operation of a dog care business with boarding Date:April 19, 2022 To:Zoning Board of Appeals From:Anna Brigham, Principal Planner Applicant:Jamie Henriques d/b/a Cape Pups Playcare LLC, as Leasee Property Location:1336 Phinney’s Lane, units 1-5, 1-6, 1-7, Hyannis, MA Assessor's Map/Parcel:274/018 Zoning:Residence G (RG), Residence F-1 (RF-1)and Medical Services (MS) Filed:March 29, 2022 Hearing:April 27, 2022 Decision Due:July 7, 2022Copy of Public Notice Cape Pups Playcare LLC, as Leasee, has applied for a Special Permit pursuant to Section 240- 125 C. Special Permit Provisions and Section 403-3 B. Obtaining a Kennel License. The Applicant is proposing to operate a dog care business as well as a boarding facility. The Boarding facility requires a kennel license which requires a Special Permit. The subject property is located at 1336 Phinney’s Lane, Units 1-5, 1-6, 1-7, Hyannis, MA as shown on Assessor’s Map 274 as Parcel 018. It is located in the Residence G (RG), Residence F (RF)*Districts and the Medical Services Overlay District (MSOD). *RF-1 Background The subject property is a 4.33 acre lot with frontage on both Attucks Lane and Phinney’s Lane in Hyannis. The property is located in a commercial area between a medical office and Hyannis Honda body shop. The site consists of four buildings constructed between 1960 and 1987. There have been many commercial uses at this site including a dog care business. Proposal &Relief Requested Cape Pups Playcare LLC, as Leasee, has applied for a Special Permit pursuant to Section 240- 125 C. Special Permit Provisions and Section 403-3 B. Obtaining a Kennel License. The Applicant is proposing to operate a dog care business as well as a boarding facility. The Boarding facility requires a kennel license which requires a Special Permit. The subject property is located at 1336 Phinney’s Lane, Units 1-5, 1-6, 1-7, Hyannis, MA. 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. Town of Barnstable Planning and Development Department Staff Report Special Permit 2022-017 –Cape Pups Playcare LLC, as Leasee 2 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.(see letter dated March 11, 2022). Further, Section 240-125 (C) requires the Board to find that: 4.Such uses do not substantially adversely affect the public health, safety, welfare, comfort or convenience of the community. Suggested Special Permit Conditions Should the Board find to grant Special Permit No. 2022-017, a Special Permit to allow dog care business at 1336 Phinney’s Lane Units 1-5, 1-6, 1-7, Hyannis, MA,it may wish to consider the following conditions: 1.Special Permit No. 2022-017 is granted to Jamie Henriques d/b/a Cape Pups Playcare LLC, as Leasee,to allow the operation of a dog care business with boarding at 1336 Phinney’s Lane, Hyannis, MA. 2.The site development shall be constructed in substantial conformance with the plan entitled “Site Plan prepared for Harborside Realty Trust in Barnstable” prepared by Holmes and McGrath, Inc dated July 15, 2005. 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 additional uses 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 Special Permit must be exercised within two years, unless extended. Copies:Applicant (Attorney John Kenney) Attachments:Application Decision 1985-076 Site Plan Review letter dated March 11, 2022