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Home My WebLink AboutAP-2023-007 Assembly of God 959 Mary Dunn HY Mod PermitEliza Cox Direct Line: (508) 790-5431 Fax: (508) 771-8079 E-mail: ecox@nutter.com February 21,2023 123476-r By Hand Anna Brigham, Principal Planner Town of Barnstable Zoning Board of Appeals 200 Main Street Hyannis, MA 02601 Brazilian Assembly of God in Hyannis - Reach Assembly Church 959 Mary Dunn Road. Hyannis (the "Property") Request for a Modification Permit Dear Anna: On behalf of Brazilian Assembly of God in Hyannis, owner of the above referenced Property, I enclose the following materials for filing with the Barnstable Zoning Board of Appeals: 1. Two (2) copies of an application for Modification Permit relief pursuant to $240- 8(AX3). 2. Six (6) copies of an Addendum to the Modification Permit application describing the project and relief sought. 3. Two (2) full sized and three (3) reduced sized sets of the civil and architectural plans for the project. 4, Check no. 90016 in the amount of $400.00, representing the required filing fee. Please do not hesitate to contact me with any questions, comments, or should you require any additional information with this filing. Please let me know when this matter will be scheduled for a hearing before the Board so that I can confirm that my client and our project team are available. Re: Nutter Mc0tennen & Fish LLP / I4Tl-lyannough Rd, P.O. Box 1630 / Hyannis, MA 02601 / T:508.790.5400 / nutter.com Anna Brigham, Principal Planner February 21,2023 Page2 EZC:cam Enclosures s872065. l Thank you very much for your assistance. Very truly yours, Eliza OX |- Town Clerk Stamp J Town of Barnstable Zoning Board of Appeals Application for Modification Permit lf Applicant(s) differs from owner, state nature of interest2 The undersigned hereby applies to the Zoning Board of Appeals for a Modification Permit, in the manner and for the reaso ns set forth below: I the npplicant(s) Name will be the entity to whom the Speclal Permit wlll be issued to. For Office Use Only Date Application Received:Appeal No. Hearing Due Date Hearing Date: Decision Due: Property Owner: Brazilian Assembly of God in Hyannis Phone: Property Location : 959,M9{,X,,PI n6;ff oad Village: HYannis City: Barnstable State: MA Zip: 02601 Address of Owner (if different from above)Street #. Stteet Nome City:State zip', Assessor's lnfo:Map: 332 Parcel: 12 Zoning District: IND Groundwater Overlay: WP Registry of Deeds/Land Court Reference: Book:27314 Page: 385 Document #:Certificate #: Plan Book:536 Plan Page: 11 Applicant's Name:'Brazilian Assembly of God in Hyannis Phone: 508-790-543'1 Applicant's Address:dp,Elifa.SgX,Esq Fax#: 617-310-9191 City: Nutter, P.O. Box 1630, Hyannis State: MA 7ip 02601 Cite Section(s) & Title(s) from Zoning Ordinance:240- 8(AX3), Modification Permit for Exempt Uses Description of Activity/Reason for Request:Applicant, a non-profit religious institution, proposes an approximately 9,400 sf addition to the existing church on the property. Zoning relief, in the form of a modification permit, is requested from sec. 240-33E, Bulk requirements, side yard setback: sec. 240-56, Schedule of Off Street Parking & sec. 240-33, Special Screening Requirements. s property subject to an existing Special >ermit or Variance: ! YES - Please list Appeal #(s)!NO Existins Level of Development of Propertv - Existing Number of Buildingsl 1 Existins Use of Propertv: Religious lnstitution Existing Gross Floor Area: Approx, 14,300 sf Proposed Level of Development of Property - Total Number of Buildings:I Proposed Use of Propertv: Reliqious lnstitution Proposed New Gross Floor Area: Approx. 24,000 sf Feb.2,2023i i:rr DateSite Plan Review Number:065+2(i:uri,:ri ir,': :'il of Construction Activity (if a icablD Applicant proposes an approximately 9,400 sf expansion of the existing church. The expansion will increase the number of seats in the main canni rarv hv annrovimatelv 2OO seals for a total of 576 seats The existino steeDle will be removed and ridoeline lowered. The site will continue to provide 83 existing parking spaces and the access/egress remain the same. Yes NoXlste property located in a designated Historic District: ls the building a designated Historic mark:Yes NoX Yes NoXls this proposal subject to approval by the Board of Health Yes NoXls this proposal subject to the jurisdiction of the Conservation Commission Yes NoXHave you applied for a building permit: Yes NoXHave you been refused a building permit: Signature:Date:* Phone: 508-790-5431Print Name: Eliza Esq Mailing Address: Nutter, P.O. Box'1630 City: Hyannis State: MA Zip: 02601 Fax Number: 617-310-9191 Email Address: ecox@nutter.com Brazilian Assembly of God in Hyannis 959 Mary Dunn Road, Hyannis Addendum to Modification Permit Application This application for a Modification Permit, pursuant to S240-8(AX3Xb) of the Town of Barnstable Zoning Ordinance (the "Ordinance"), is submitted on behalf of Brazilian Assembly of God in Hyannis, a religious institution and Massachusetts non-profit corporation (hereafter, the "Applicant"), who seeks to enlarge its existing church located at 959 Mary Dunn Road, Hyannis (the "Property"). The Propertv As set forth in the application materials, the Property is located in the lndustrial (lND) zoning district and the Wellhead Protection (WP) overlay district, lt consists of approximately 2.21acres with approximately 202.81 feet of frontage on Mary Dunn Road. The Property is developed with an approximately L4,300 square foot church that was constructed in 2000. The Property contains 83 onsite parking spaces, access/egress off Mary Dunn Road, an onsite septic system and associated improvements. The existing church on the Property was permitted by the Town through the Site Plan Review process in 2000 and did not require zoning relief. Proposed Expansion The church has a very active congregation and has outgrown the existing seating capacity. Accordingly, the church proposes an approximately 9,400 square foot expansion of the church which will increase the seating capacity, predominantly in the main sanctuary, by approximately 200 seats, resulting in a total of 576 seats. As part of the expansion, the church also proposes to create a more modern architectural design, including removing the existing steeple and lowering the roof. ln addition, the Applicant seeks to remove the existing onsite septic system and connect the enlarged building to the m u nicipal wastewater system. The proposed expansion extends to the east (toward Mary Dunn Road) which will improve the entry/lobbyarea, and to south (toward the abutting apartment building)of the existing buildingwhich allows for the expanded sanctuary. The proposed condition will meet all building setbacks, except for the southerly (side) yard setback which is proposed at 11 feet. The site will continue to comply with all applicable coverage requirements, including the 25% building coverage of the IND district (I2.t% proposed), the 50% impervious coverage limit of the WP (47 .65% proposed) and the WP's 30% green state (43.9% proposed). ln terms of parking, with 576 proposed seats, the required parking is 1-92 spaces. The Applicant proposes to retain the existing 83 onsite parking spaces, including 4 accessible spaces. The Applicant also has agreements in place with the Trinity Christian Academy (979 Mary Dunn Road) and with Cape Abilities (895 Mary Dunn Road) which allows to the church to use their parking lots during Sunday morning services, as needed. See correspondences attached as Exhibit A. The church will be utilizing a shuttle van before and after the services to drive parishioners who park in the Cape Abilities' lot back and forth to the subject Property. There is an existing connection between the Property and the Trinity Christian Academy property which enables safe pedestrian access between the abutting properties. Collectively, on the on-site (83 spaces) and off-site spaces (61 spaces at Trinity School and 69 spaces at Capabilities) total 213 parking spaces, in excess of the Ordinance's requirement. Modification Permit Request The Applicant is a non-profit religious institution and therefore benefits from the protections set forth in the Dover Amendment, Massachusetts General Laws, Chapter 40A, section 3, The Dover Amendment provides that a city or town may apply reasonable regulations to an exempt project that concern "the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements." G.L. c.40A, 53. Section 240-8(AX3Xa)of the Ordinance further clarifies that"reosonable regulation sholl be deemed to be: the bulk regulations of the zoning district, except church steeples moy be permitted up to 75 feet in height; Article Vl, Off-Street Parking Regulations; and Article lX, Site Plon Review." Further, where an exempt use does not comply with said reasonable regulations, Section 240- 8(AX3Xb) of the Ordinance provides that the "...Zoning Bosrd of Appeals shall by a modificotion permit, modify the bulk requirements and/or porking requirements.,where such regulotion would substontially diminish or detract from the usefulness of o proposed development, or impoir the character of the development so os to offect its intended use, provided thot the modification...will not create a public safety hozord olong the odjacent roodwoys and will not creote a nuisance to other, surrounding properties such that it will impair the use of these properties." (Emphasis added). Here, the Applicant seeks relief, in the form of a modification permit, from: (i.) Section 240- 33(E), Bulk Requirements, side yard setback, (ii.)Section240-56, Off-Street Parking Requirements;and if necessary, (iii.) Section 240-33(F), Special Screening Requirements. Each aspect of relief is discussed below. Bulk Requirement: Side Yord Setback A primary purpose of the proposed expansion is to expand the church's main sanctuary to provide additional seating. Based on the church's existing orientation on the Property, located approximately 31feet from the southerly side yard, and the location of the sanctuary on the southerly side of the church, compliance with the Ordinance's 3O-foot side yard setback would substantially impair and diminish the proposed use. Specifically, it would not allow for the sanctuary to be expanded without entirely redesigning the interior of the existing building and redesigning (and reducing) the existing parking area. The granting of the requested relief, reducing the southerly setback to 11 feet, will not create a public safety hazard on the adjacent roadways and will not create a nuisance to other surrounding properties. lndeed, the owner of the immediately abutting property to the south, the one most affected by the expansion into the setback, has written a letter in support of the project. See Exhibit B. Off-Street Po rki n a Re q u i re me nts Strict application of the Ordinance's parking requirements would necessitate 192 on-site parking spaces. Here, the Applicant proposes access to 213 parking spaces, with 83 spaces on-site spaces (including the accessible spaces), 6L spaces at the immediately abutting Trinity Christian Academy property, and 69 spaces at the Cape Abilities' property located just two lots away from the Property. Modification of the requirement for the spaces to be on-site is appropriate as the provision of the additional spaces would require redesign of the parking field, increased paving, and substantially diminish the use of the proposed development, and the relief would not create a public safety hazard or nuisance to surrounding properties. The 83 onsite parking spaces provide adequate for the daily church activities, The off-site spaces are only needed for the services, and predominantly for the Sunday services. The church offers services on Tuesday evenings, but this service is typically attended by about 100-140 people. Accordingly, the onsite parking spaces will generally be able to accommodate the Tuesday service, with overflow available at the Cape Abilities's site. On Sundays, the church offers Sunday school at 9am and service at 10:30am. Both off-site locations are available for the Sunday service. For parishioners utilizing the Cape Abilities' lot, the Applicant proposes a shuttle van that would transport the parishioners back and forth between the Property and the off-site lot. ln addition, parishioners would be asked to prioritize parking onsite and at the Trinity Christian Academy lot, with overflow parking spaces at the Cape Abilities' property. As noted previously, there is an existing connection between the Property and the Trinity Christian Academy property that provides a safe pedestrian interconnection. Speci o I Suee n i nq Reau i re me nts To the extent that the special screening buffer requirements set forth in Section 240-33(F) are considered "bulk regulations," the Applicant seeks modification permit relief for the proposed expansion of the church toward the southerly property line. lf the 3O-foot side yard special screening/buffer requirements are not "bulk regulations," then they are not applicable to this exempt use. lf applicable, modification permit relief should be granted for the same reasons as set forth above for the side yard setback relief. For the foregoing reasons, the requested modification permit relief is warranted. We look forward to discussing this further with the Board at an upcoming hearing. 5872068. r EXHIBIT A Cape; Aol ities e@0@o I ' jv2l11 !.t \i t,i,\trtll6arlr UtU2023 Hello Pastor Dan, It has been a pleasure speaking with you and as you requested, I am writing to let you know that there will be spaces available for your parishioners to use in our parking lot Tuesday evenings from 7-9 and Sunday mornings from 9- 1 I . In addition, Cape Abilities has been added to your Certificate of Insurance, a copy of which was provided to us on 41212021. Please let me know if you encounter any problems or have any questions regarding our parking area, as well as any way I can be off assistance going forward. Thank you, Cynthia Klopfer Director of Transportation Cape Abilities, Inc. Serving Individuals with disAbilities on Cape Cod since 1968 895 Mary Dunn Rd. Hyannis, MA oz6or Phone: So8-ZZ8-So4o ext. 4r8 Cell: 5o8-zT4-9941 Fax: 5o8-728-96+z efil,h TRINITY CHRISTIAN ACADEMY Reach Assembly of God Pastor Daniel DeOliveira 959 Mary Dunn Road Hyannis, MA 02601 January I0,2023 Dear Pastor Daniel, This letter is to advise you that after confirming with our Head of School, Dr. Bruce Hanlon, the parking spaces belonging to TCA are available in our back parking lot and main parking lot for the Reach Assembly of God Church services on Sunday mornings from 9 AM to 2 PM. Cars must be in clearly designated parking spaces only. No cars may be parked in the spaces along the front of the school building as that is the emergency fire lane for the school. lf you have any questions, feel free to contact the school's Main Office ln His Service, lfdndr^'ilefili$&iur, Nanda DeOliveira Office Manager/ Registrar Trinity Christia n Academy 979 Mary Dunn Road, Barnstable, MA 02630 Office: 508.790.01 14 EXT: 1 Fax: 508.790.1 293 www.trinitychristiancapecod.org EXHIBIT B -:m&r Ka'nAztzy,,fno- February 1,2023 Zoning Board of Appeals Town of Barnstable 200 Main Street Barnstable, MA 02601 Reference: 959 Mary Dunn Road Expansion Dear Zoning Board, The purpose of this letter is to show support of the proposed expansion of Reach Assembty of God Church located at 959 Mary Dunn Road in Hyannis. We understand the church is asking for side-yard setback zoning relief. The church has been a good neighbor for many years. The owner and architect have met with and shared iheir plans with us. This setback abuts our property and we take no issue with the proposal. We request that you approve their request for zoning relief. Thank You, q,r/-P Lrtu..- Jdseph P. Keller, Owner Carriage House Apartm ents