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HomeMy WebLinkAboutSR-2022-042 Mayflower Cape Cod LLC 155 Enterprise Rd HY Special Permit Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2022-042 – Mayflower Cape Cod LLC Modification of Special Permit 2015-057 Condition No. 2 To install two steel framed canopies over the existing Chick-Fil-A drive-thru lane Date: August 11, 2022 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: Mayflower Cape Cod LLC Property Location: 155 Enterprise Road, Hyannis, MA Assessor's Map/Parcel: 294/019 Zoning: Highway Business (HB), Shopping Center Redevelopment Overlay (SCROD)Zoning Districts Filed: July 28, 2022 Hearing: August 24, 2022 Decision Due: November 5, 2022 Copy of Public Notice Mayflower Cape Cod LLC has applied for a modification of Special Permit No. 2015-057, Condition No. 2, as it relates to the site plan, pursuant to Section 240-39 G. (1)(e) Bulk and Dimensional Regulations in the Shopping Center Redevelopment Overlay District. The Applicant is seeking to install two steel framed canopies over the existing Chick -Fil-A restaurant’s drive-thru lane. The subject property is located at 155 Enterprise Road, Hyannis, MA as shown on Assessor’s Map 294 as Parcel 019. It is located in the Highway Business (HB) Zoning District and Shopping Center Redevelopment Overlay District (SCROD). Background The subject property is a 2.64 acre lot, which is bisected by Enterprise Road, with frontage on both Enterprise Road and Iyannough Road/Route 132, Hyannis. The lot contains the 5,493 square foot Chick-Fil-A constructed in 2016 and the 4,400 square foot Hyannis Transmission constructed in 1970. Special Permit No. 2015-057 was granted to redevelop a property with a 5,493 square foot restaurant with 148 seats and a double drive-through. Associated improvements included 62 on- site parking spaces, perimeter landscaping, lighting, pedestrian improvements, an outdoor dining area, and other associated site improvements. Condition No. 2 references the approved plan associated with the application. Proposal & Relief Requested Mayflower Cape Cod LLC has applied for a modification of Special Permit No. 2015-057, Condition No. 2, as it relates to the approved site plan. The Applicant is seeking to install two steel framed canopies over the existing Chick-Fil-A restaurant’s drive-thru lane. The subject property is located at 155 Enterprise Road, 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. Town of Barnstable Planning and Development Department Staff Report Special Permit 2022-042 – Mayflower Cape Cod LLC 2 1. The application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. 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 t o the public good or the neighborhood affected. 3. A Site Plan has been reviewed and found approvable with conditions. (see letter dated March 24, 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. 5. The Building and site design are consistent with Section 240-25.E, District-wide design and performance standards applicable within the Highway Business District. Further, Section 240-93 B. requires the Board to find that: 6. The proposed repairs, alterations and/or expansion are not substantially more detrimental to the surrounding neighborhood. Suggested Special Permit Conditions Should the Board find to grant Special Permit No. 2022-042, a modification of Special Permit No. 2015-057, to allow the installation of two steel framed canopies over the existing Chick-Fil-A restaurant’s drive-thru lane at 155 Enterprise Road, Hyannis, MA: 1. Special Permit No. 2022-042, a modification of Special Permit No. 2015-057, is granted to Mayflower Cape Cod LLC to allow for a modification to the approved plan to allow the installation of two steel framed canopies over the existing Chick-Fil-A restaurant’s drive- thru lane at 155 Enterprise Road, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Chick-Fil-A #3545 Canopy Program 155 Enterprise Road Hyannis, MA 02601” prepared by esencia Architecture Sheets T-0, A-1 thru A-5 dated July 14, 2022, ALTA/NSPS Land Title Survey, Grading & Drainage Plan by Bohler Engineering Sheets C-3.0 and L-1.0 dated February 12, 2016, and the Photometric Lighting Plan ES-1.0. 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. All other conditions from Special Permit No. 2015-057 shall remain in full force and effect. 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 Special Permit must be exercised within two years, unless extended. Copies: Applicant (Frank Gawdun, esencia Architecture) Attachments: Application Plans Site Plan Review letter dated March 24, 2022