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HomeMy WebLinkAboutSR-2022-033 Couto's 751 West Main St HY Setback VarianceTown of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Variance No.2022-033 –Couto’s Realty Investment Co., II LLC Section 240-25 D. Bulk Regulations in the HB District To install a Drive-thru canopy which will be 7.2 feet from the lot line where 10 feet is required Date:June 23, 2022 *Revised July 19, 2022* To:Zoning Board of Appeals From:Anna Brigham, Principal Planner Petitioner:Couto’s Realty Investment Co., II LLC 169 Main St., Stoneham, MA 02108 Property Location:751 West Main St, Hyannis,MA Assessor's Map/Parcel:249/163 Zoning:Highway Business (HB)Zoning District Filed:June 15, 2022 Hearing:July 13, 2022 Decision Due:September 23, 2022Copy of Public Notice Couto’s Realty Investment Co., II LLC has petitioned for a Variance from 240-25 D. Bulk Regulations in the HB District. The Petitioner is seeking a variance from the side yard setback for a proposed drive-thru canopy. The proposed setback is 7.2 feet where 10 feet is required. The subject property is located at 751 West Main Street, Hyannis, MA as shown on Assessor’s Map 249 as Parcel 163. It is located in the Highway Business (HB) Zoning District. Background The subject property is a 0.29 acre lot with frontage on West Main St in Hyannis.The property is improved with a 4,946 square foot Dunkin Donuts constructed in 1974.The uses in the area are both multi-unit residential and commercial with the Barnstable High School directly across the street. Staff Comments Staff encourages the Board to request a Peer Review for the Traffic Study to better understand the impacts during peak hour traffic as well as during school peak hours due to the proximity to the high school. In addition the peer review may provide recommendations regarding proper turning movements and ingress/egress for safety considerations. Staff encourages the Board to request a copy of the draft easement for the drive-thru with the abutter as well as owner consent. Staff encourages the Board to discuss hours of operation for the drive-thru as there are residential units close by. Proposal &Relief Requested Couto’s Realty Investment Co., II LLC (Dunkin Donuts)has petitioned for a Variance from 240-25 D. Bulk Regulations in the HB District. The Petitioner is seeking a variance from the side yard setback for a proposed drive-thru canopy. The proposed setback is 7.2 feet where 10 feet is required. The subject property is located at 751 West Main Street, Hyannis, MA. This Petition is being heard Special Permit No. 2022-034. Variance Findings Town of Barnstable Planning and Development Department Staff Report Variance No. 2022-033 –Couto’s 2 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.Variance No.2022-032 from 240-25 D. Bulk Regulations in the HB District is granted to Couto’s Realty Investment Co, II LLC to allow the proposed drive-thru canopy to be setback 7.2 feet where 10 feet is required at 751 West Main Street, Hyannis, MA. 2.The site development shall be constructed in substantial conformance with the plan entitled “Plan of Proposed Site Modifications” by Holmes and McGrath dated July 10, 2020 with a last revision date of June 13, 2022. 3.All Site Plan Review conditions of approval are hereby incorporated into this Decision. 4.All improvements with in the public right of way shall seek and receive a license from the Town prior to building permit. 5.The above-described development shall represent full build-out of the lot. No further additions or accessory structures shall be permitted without approval from the Board. 6.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 (Attorney John Kenney) Attachments:Application Plans Site Plan Review letter dated April 28. 2022