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HomeMy WebLinkAboutSR-2022-045 MWV Associates 313 Iyannough Rd HY Variance Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Variance No. 2022-045 – MWV Associates LLC Section 240-24 1. 8 C. Bulk and Dimensional Regulations in the HG Zoning District To clarify parcel records and Assessing Division lines Date: August 29, 2022 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioner: MWV Associates LLC Property Location: 313 Iyannough Road, Hyannis, MA Assessor's Map/Parcel: 328/235 Zoning: Hyannis Gateway (HG) Zoning District Filed: August 22, 2022 Hearing: September 14, 2022 Decision Due: November 30, 2022 Copy of Public Notice MWV Associates LLC has petitioned for a Variance from Section 240- 24.1.8 C. Dimensional, bulk and other requirements in the HG Hyannis Gateway Zoning District. The Petitioner seeks a variance from the minimum bulk regulations to clarify parcel records and Assessing division lines pursuant to the plan prepared by Down Cape Engineering. The subject property is located at 313 Iyannough Rd, Hyannis, MA as shown on Assessor’s Map 328 as Parcel 235. It is located in the Hyannis Gateway (HG) Zoning District. Background The subject property is a 0.63 acre lot with frontage on Iyannough Road (Rt 28), Ridgewood Ave and Spring Street in Hyannis. The lot contains a 3,416 square foot commercial structure (fast food chain) built in 1965. The area is a mix of residential and commercial uses with a variety of shaped lots. This Petition is being heard in conjunction with Variance No. 2022-037 MWV Associates LLC for 195 Ridgewood Ave, Hyannis. Proposal & Relief Requested MWV Associates LLC has petitioned for a Variance from Section 240- 24.1.8 C. Dimensional, bulk and other requirements in the HG Hyannis Gateway Zoning District. The Petitioner seeks a variance from the minimum bulk regulations to clarify parcel records and Assessing division lines pursuant to the plan prepared by Down Cape Engineering. The subject properties are located at 195 Ridgewood Avenue and 313 Iyannough Road (Rt 28), Hyannis, MA. Variance Findings 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 Town of Barnstable Planning and Development Department Staff Report Variance No. 2022-045 – MWV Associates LLC 2 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. 2022-045 from Section 240- 24.1.8 C. Dimensional, bulk and other requirements in the HG Hyannis Gateway Zoning District is granted to MWV Associates LLC to clarify parcel records and Assessing division lines pursuant to the plan prepared by Down Cape Engineering at 195 Ridgewood Avenue and 313 Iyannough Road, Hyannis, MA. The existing lot size is 27,442 square feet and the proposed lot size is 26,375 square feet.. 2. The site development shall be constructed in substantial conformance with the plan entitled “Plan of Land at 313 Iyannough Rd & 195 Ridgewood Ave Hyannis MA” prepared by Down Cape Engineering dated November 18, 2021. 3. 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 Michael Schulz) Attachments: Application Plans