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HomeMy WebLinkAboutShaw's response to 11-8 site plan review Via E-mail November 17, 2022 Brian Florence, Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Brian.florence@town.barnstable.ma.us Re: Shaw’s Response to Question at November 8, 2022 informal site plan review. Per the Informal Site Plan Review on November 8, 2022 (SPR 108-22), I am writing to follow up regarding Shaw’s Supermarkets (“Shaw’s”) request for permission to maintain an external refrigeration container (“reefer”) on its property from time to time during peak seasons (i.e., summers and holidays) in connection with the storage of excess product (e.g. ice, turkeys and so forth). This use has been ongoing seasonally for more than 25 years and is common practice amongst commercial retailers in Hyannis. It allows for Shaw’s to maintain a sufficient supply of refrigerated and frozen product to meet its customers demand and serve the community during peak times, as well as during storms with loss of power, etc. It is not a permanent structure, but “storage” incidental to the primary retail use of the building. At the hearing it was asked if what was referenced as a “trailer” falls within Chapter 240- 10(c) of the Barnstable Zoning By-Laws, which prohibits “trailers” from being parked, stored or occupied for living or business purposes. It is Shaw’s position that the refrigerated storage container, which can be attached to a truck and moved at any time, does not fall within this section of the by-laws for several reasons: - The refrigerated storage container is a shipping container and not a “trailer.” See e.g. www.lawinsider.com/dictionary/reefer which defines reefer as “any container for the purpose of the carriage of goods, which require power supply to maintain the desired temperature”; www.alconet-containers.com/what-is-a-reefer-container/ which explains a reefer container is “a type of shipping container that remains its cargo at a regulated, cool temperature” along with photos; www.360connect.com/product-blog/what-is-a-refrigerated-storage-container/ explaining a refrigerated storage container, also known as a “reefer container,” is a temperature- controlled portable shipping container; and www.container-xchange.com/blog/reefer-containers- meaning-and-how-they-work/ which explains a reefer is a container designed to carry temperature-sensitive goods. - The reefer at issue is not occupied for living or business purposes as used in this section of the by-laws; and - Although not specifically defined, “business purposes” as set forth in the referenced Section, is intended to mean using a trailer placed onsite as the primary form of business to sell wares or other products and occupied as such. That is not the case here, as it is used for storage and incidental to the primary use of Shaw’s retail operations. Section 240-25, which outlines the permitted uses in the HB District, specifically has separate categories for “office, business and professional” and “retail and wholesale”. Shaw’s falls within retail and wholesale and not business. Additionally, Section 240-43 expressly allows for this type of incidental and subordinate accessory use. It provides that “Within the zoning districts established herein, accessory uses or accessory buildings are permitted, provided that any such use or building is customarily incidental to, subordinate to and on the same lot as the principal use it serves except as otherwise provided for herein.” Shaw’s use of the reefer on the same property is customarily incidental to and subordinate to the primary use of Shaw’s retail operations.1 For the above stated reasons, we would respectfully request that the request by Shaw’s for site plan review be allowed for the purpose for which it has requested. Sincerely, Amy Burke VP, Division Counsel – Mid-Atlantic and Shaw’s/Star Market 1 Note there are also exceptions to 240-10(c) for certain temporary uses, one of which includes a tent that is a temporary accessory structure to an existing permanent business, which this use is akin to.