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HomeMy WebLinkAboutSR - SP 316 Iyannough RdTown of Barnstable Planning & Development Department Staff Report Special Permit Application No. 2022-02 Modification of Special Permit 2018-08 MAJ Commercial Realty, LLC 316 Iyannough Road, Hyannis, MA Date: August 16, 2022 To: Stephen Robichaud, Chair, Planning Board From: Planning & Development Department Staff Applicant: MAJ Commercial Realty, LLC Property Address: 316 Iyannough Road, Hyannis, MA Assessor’s Map/Parcel: 328/232 Zoning District: Hyannis Gateway District (HG) Wellhead Protection Overlay District (WP) Background The Applicant and Owner, MAJ Commercial Realty, LLC, seeks to amend Special Permit 2018-08 to alter and expand the existing building by expanding retail into the low328er level of the existing building along with associated improvements at 316 Iyannough Road, Hyannis. Retail is allowed as of right within the Hyannis Gateway District. No exterior changes are being proposed. Applicant’s Relief Requested Due to the alteration and expansion of the retail use within the existing building the Applicant has requested a Special Permit pursuant to Section 240-24.1.11(A)(4)(a) in accordance with Section 240-56 for parking reduction, by providing 26 parking spaces where 63 are required. The Applicant has a lease agreement with the direct abutter (Barnstable Municipal Airport) at 290 Iyannough Road for parking. Other Approvals The Applicant filed an application for Site Plan Review and the proposal was considered and found to be approvable at the June 2, 2022 Formal Site Plan Review meeting. Due to the request for zoning relief, the Building Commissioner conditioned the approval on the receipt of parking relief from the Planning Board. Staff Comments If the Board needs additional information for consideration the Board may make a motion to continue SP 2022-002 316 Iyannough Road, Hyannis to September 12th 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 2022-002 316 Iyannough Road, Hyannis. Planning & Development Staff Report Special Permit No. 2022-02 – 316 Iyannough Road 2 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 316 Iyannough Road, Hyannis, MA. 316 Iyannough Road, Hyannis is shown on Assessor’s Map 328 as Parcel 232 in the Hyannis Gateway District and Wellhead Protection Overlay District. 2. MAJ Commercial Realty, LLC seeks a Special Permit pursuant to Section 240-24.1.11(A)(4)(a) in accordance with Section 240-56 for parking reduction, by providing 26 parking spaces where 63 are required. 3. The applicant has provided an executed lease agreement between the owner/applicant and the Barnstable Municipal Airport for the use of the abutting property, 290 Iyannough Road, for parking purposes. 4. The Planning Board finds that the issuance of the Special Permit is consistent with the Design and Infrastructure Plan and that the development meets the following criteria: a. The development provides for the minimizing of curb cuts and driveways on Route 28 through a shared use for parking purposes with the direct abutting property. 5. The application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. Section 240-24.1.11(A)(4)(a)[4] allows the Planning Board to reduce on-site parking requirements by Special Permit. 6. 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. 7. 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. 8. Lesser off-street parking is shown to be adequate given special circumstances including: a. Supplementary parking provided off premises through a shared use lease agreement with the Airport. 9. 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 “Site Plans for Ideal Floor Covering Inc.” last revised September 19, 2018, by Atlantic Design Engineers, Inc. Planning & Development Staff Report Special Permit No. 2022-02 – 316 Iyannough Road 3 2. This Special Permit Modification shall amend Special Permit 2018-08 to alter and expand the existing building by expanding retail into the lower level of the existing building along with associated improvements at 316 Iyannough Road, Hyannis 3. This Special Permit Modification shall apply to 316 Iyannough Road, Hyannis, MA, MAJ Commercial Realty, LLC, Map 328 and Parcel 232. 4. This Special Permit Modification shall allow for the reduction of parking required. The Applicant shall provide no less than 26 parking spaces where 63 are required. 5. Informal and Formal Site Plan Review conditions of approval are hereby incorporated into this Decision. 6. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the structure is prohibited without prior approval from the Board. 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. All other conditions from Special Permit No. 2018-08 shall remain in full force and effect. 9. The rights of this Special Permit must be exercised within 2-years from the date it is filed with the Town Clerk’s Office.