HomeMy WebLinkAboutStaff Report_63 Main Street Special PermitTown of Barnstable
Planning & Development Department
Staff Report
Special Permit Application No. 2022-01
Seashore Homes, Inc.
63 Main Street, Hyannis, MA
Date: June 24, 2022
To: Steven Costello, Chair, Planning Board
From: Planning & Development Department Staff
Applicant: Seashore Homes, Inc.
Property Address: 63 Main Street, Hyannis, MA
Assessor’s Map/Parcel: 342/017
Zoning District: MS – Medical Services
WP – Wellhead Protection Overlay District
Hyannis Village Zoning District
Background
The subject property is composed of a single structure that was formally used as dental offices. The existing
structure is 3,419 square feet of floor area including a first floor, second floor, and basement area on 0.24
acres of land. The proposal is to renovate and expand the existing structure to 4,692 square feet of floor
area to accommodate eight (8) - 1 bedroom apartments and a small office space on the first floor. Mixed-
use development is allowed as of right within the Medical Services District.
Applicant’s Relief Requested
Due to the alteration and expansion of the site the Applicant has requested a Special Permit pursuant to:
Section 240-24.1.2, dimensional relief, requesting a 11.4 foot front yard setback to the proposed
bulkhead, where 20 feet is required;
Relief from lot coverage as required by Section 240-35, requesting 58.2% impervious surface where
no more than 50% is allowed;
Section 240-24.1.11(A)(4)(a)[4] in accordance with Section 240-56 for parking reduction, by
providing 10 parking spaces where 14 are required; and
Section 240-24.1.11 for parking lot landscaping relief, requesting that relief is granted for the
alteration of the structure and change of use which increases the parking lot requirements by five
or more parking spaces not be required to bring the entire parking lot into compliance with the
parking lot landscaping standards defined per 240-24.1.11(A)(4)(d).
Other Approvals
The Applicant filed an application for Site Plan Review and the proposal was considered and found to be
approvable at the May 17, 2022 Informal Site Plan Review meeting. The Informal Site Plan Review approval
letter dated May 25, 2022 has been included with the meeting materials. Due to the request for zoning
relief, the proposal additionally attended Formal Site Plan Review on June 2, 2022 at which time the
Building Commissioner found the proposal approvable to move forward in the permitting process. The
Formal Site Plan Review approval letter is currently being coordinated but will be conditioned to ensure
compliance with staff comments.
The Applicant filed an application for a Certificate of Appropriateness from the Hyannis Main Street
Waterfront Historic District Commission and received approval on April 6, 2022.
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Special Permit No. 2022-01 – 63 Main Street
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Staff Comments
If the Board needs additional information for consideration the Board may make a motion to continue SP
2022-001 63 Main Street to July 11th at 7:00 PM.
If the Board has exhausted their review the Board may close the hearing.
Motion: To (approve, approve with conditions, or disapprove) Special Permit 2022-001 63 Main Street.
Prior to second please list applicable findings. If with conditions please state the conditions prior to the
second.
Draft Findings
1. The property location is 63 Main Street, Hyannis, MA. 63 Main Street is shown on Assessor’s Map
342 as Parcel 017 in the Medical Services District and Wellhead Protection Overlay District.
2. Seashore Homes, Inc. seeks a Special Permit pursuant to Section 240-24.1.2 for dimensional relief
for the proposed bulkhead to allow for a 11.4 foot front yard setback where 20 feet is required and
for lot coverage relief by providing 58.2 percent impervious surface where no more than 50 percent
is allowed in accordance with 240-35; Section 240-24.1.11(A)(4)(a)[4] in accordance with 240-56 for
parking reduction providing 10 parking spaces where 14 are required and Section 240-24.1.11 for
relief from parking lot landscape requirements due to an alteration of the structure or a change of a
use that increases the parking requirements by (5) or more spaces according to the standards of
240-48 through 240-58 and the subsequent requirement to bring the entire parking lot into
compliance with parking lot landscape requirements established per 240-24.1.11(A)(4)(d).
3. The applicant noted within the application that lot coverage is necessary in accordance with 240-35
Ground Water Protection Overlay Districts with reference to 240-24.1.2 General Provisions which
states that relief can be sought by Special Permit for lot coverage. In accordance with MGL 40A
Section 14 the Planning Board has the ability to modify any order or decision. Accordingly,
additional relief should be sought from 240-93(B) for expansion of a pre-existing nonconforming
building to be incorporated herein.
4. The applicant noted within the application relief for parking lot landscape requirements in
accordance with 240-24.1.11(A)(4)(e) due to the increase in parking by (5) or more spaces
according to the standards of 240-48 through 240-58, Schedule of Off-street Parking Requirements
which requires the entire parking lot to be brought into compliance with parking lot landscaping
requirements. However, the applicant is requesting a Special Permit for parking reduction. In
accordance with 240-57 the Special Permit Granting Authority can reduce parking requirements by
Special Permit provided defined circumstances apply. As such, should the Planning Board grant
relief to the applicant for parking reduction, additional relief is not required for parking lot
landscape requirements because the required parking will be reduced and subsequently will not
amount to an increase in parking by (5) or more spaces.
5. The Planning Board finds that the issuance of the Special Permit is consistent with the Design and
Infrastructure Plan and that the development meets one or more of the following criteria:
a. The development provides for or supports mixed use development where appropriate as
mixed use development is allowed as of right within the Medical Services zoning district;
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Special Permit No. 2022-01 – 63 Main Street
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b. The development contributes to the historic and maritime character of the Hyannis Village
area as the Hyannis Main Street Waterfront Historic District has approved a Certificate of
Appropriateness;
c. The development provides for or contributes to alternative transportation or travel
demand management as it provides for workforce housing in walking distance to the
largest job provider on Cape Cod, the Hospital;
d. The development provides workforce housing where appropriate and provides an
appropriate mix of affordability levels by providing additional housing to be developed as 1
bedroom units;
6. The application falls within a category specifically excepted in the ordinance for a grant of a Special
Permit. Section 240-24.1.2 enables the Planning Board to provide dimensional and lot coverage
relief by Special Permit; and Section 240-24.1.11(A)(4)(a)[4] allows the Planning Board to reduce
on-site parking requirements by Special Permit.
7. 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.
8. A Site Plan has been reviewed and approved by the Site Plan Review Committee. The conditions of
Informal and Formal Site Plan Review shall be incorporated by reference as conditions of this
Special Permit.
9. Lesser off-street parking is shown to be adequate given special circumstances including:
a. Supplementary parking provided off premises as on-street parking is available on Parkway
Place.
10. The proposed repairs, alterations and/or expansion are not substantially more detrimental to the
surround neighborhood.
Draft Conditions
Should the Board find to grant the Special Permit for the requested relief, it may wish to consider the
following conditions:
1. The subject property shall be improved and the parking shall be located as shown on the record
plans entitled “Seashore Homes, Inc. Site Layout and Materials Plan” last revised June 2, 2022, by
Coastal Engineering Company; and elevations and floorplans as shown on sheets A1, A2, A8 and A9
dated May 8, 2022 prepared by Streibert Associates.
2. This Special Permit shall apply to 63 Main Street, Hyannis, MA, Seashore Homes, Inc., Map 342 and
Parcel 017.
3. Informal and Formal Site Plan Review conditions of approval are hereby incorporated into this
Decision.
4. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the
structure is prohibited without prior approval from the Board.
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5. The bike rack, trash enclosure, and screening fence shall be installed in substantial conformance
with layout as illustrated on the Site Layout and Materials Plan last revised June 2, 2022, by Coastal
Engineering Company and with details incorporated with the project submission prior to issuance
of any Certificate of Occupancy.
6. The rental units on the property shall be registered with the Building and Health Divisions as
required.
7. This Decision shall be recorded at the Barnstable County Registry of Deeds and copies submitted to
the Planning Board and Building Division prior to the issuance of any building permit and
commencement of use.
8. The rights of this Special Permit must be exercised within 2-years from the date it is filed with the
Town Clerk’s Office.