Loading...
HomeMy WebLinkAboutStaff Report - SP 233 239 Barnstable RdTown of Barnstable Planning & Development Department Staff Report Special Permit Application No. 2022-03 Ronald Bourgeois 233-239 Barnstable Road, Hyannis, MA Date: September 9, 2022 To: Stephen Robichaud, Chair, Planning Board From: Planning & Development Department Staff Applicant: Ronald Bourgeois Property Address: 233-239 Barnstable Road, Hyannis, MA Assessor’s Map/Parcel: 310/170 Zoning District: Hyannis Gateway District (HG) Wellhead Protection Overlay District (WP) Background The Applicant, Ronald Bourgeois, and Owner, Our Child, LLC, have requested relief from Section 240- 24.1.11(A)(4)(a) in accordance with Section 240-56 for parking reduction, by providing 51 parking spaces where 78 are required at 316 Iyannough Road, Hyannis. Applicant’s Relief Requested Due to the change of 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 51 parking spaces where 78 are required. The Applicant has proposed an easement to the abutting lot at 139 Grove Street that the Applicant owns to provide expanded parking options. Other Approvals The Applicant filed an application for Site Plan Review and the proposal was considered and found to be approvable at the August 4, 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 The existing structure seeks to change uses. The Building Commissioner has required the Applicant to seek relief as the current property is unable to accommodate the number of spaces required by the Barnstable Zoning Ordinance. In an attempt to add additional parking spaces to facilitate the uses at the property the Applicant has provided a site plan demonstrating (9) nine additional spaces within an easement on 139 Grove Avenue. Further evidence may be necessary to understand the ownership rights of Mulberry Street and easement accommodations. If the Board needs additional information for consideration the Board may make a motion to continue SP 2022-003 233-239 Barnstable Road, Hyannis to September 26th 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 2022-003 233-239 Barnstable Road, Hyannis. Planning & Development Staff Report Special Permit No. 2022-03 – 233-239 Barnstable Road 2 Prior to second please list applicable findings. If with conditions please reference the conditions prior to the second. Draft Findings 1. The property location is 233-239 Barnstable Road, Hyannis, MA. 233-239 Barnstable Road, Hyannis is shown on Assessor’s Map 310 Parcel 170 in the Hyannis Gateway District and Wellhead Protection Overlay District. 2. The Applicant, Ronald Bourgeois, and Owner, Our Child, 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 51 parking spaces where 78 are required 3. The applicant has provided a site plan proposing an easement to the abutting lot at 139 Grove Street that the Applicant owns to provide expanded parking options. 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 or supports mixed use development where appropriate; b. The development provides for the minimizing of curb cuts and driveways on Barnstable Road 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 easement with the abutting property. b. Characteristics of use invalidating normal methods of calculating parking demand. 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: Planning & Development Staff Report Special Permit No. 2022-03 – 233-239 Barnstable Road 3 1. The subject property shall be improved and the parking shall be located as shown on the record plans entitled “Plan of Land #235 Barnstable Road” dated September July 19, 2022, by BSC Group. 2. This Special Permit shall apply to 233-239 Barnstable Road, Hyannis, MA, Applicant, Ronald Bourgeois, and Owner, Our Child, LLC, Map 310 and Parcel 170. 3. This Special Permit Modification shall allow for the reduction of parking required. The Applicant shall provide no less than 51 parking spaces where 78 are required. 4. Prior to Occupancy of any new use at 233-239 Barnstable Road, an easement proposed for parking purposes at 139 Grove Street shall be recorded at the Barnstable County Registry of Deeds and proof of recording shall be provided to the Planning Board. 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. The rights of this Special Permit must be exercised within 2-years from the date it is filed with the Town Clerk’s Office.