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Home My WebLink AboutAP-2023-010 Wendys 715 West Main St SPEliza Cox Direct Line: (508) 790-5431 Fax: (508) 771-8079 E-mail: ecox@nutter.com April6,2023 r4938-396 By Hand Anna Brigham, Principal Planner Town of Barnstable Zoning Board of Appeals 200 Main Street Hyannis, MA 02601 Re: Arista Hyannis LLC 715 West Main Street. Hyannis (the "Property") Application for Special Permit Dear Anna: On behalf of Arista Hyannis LLC, 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 Special Permit relief pursuant to $240- 25(B)(22),note 1 and250-25(CX10) for a drive through window for the Wendy's restaurant proposed on the Property. 2. Six (6) copies of an Addendum to the 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. Two (2) bound copies of the Traffic Impact and Access Study dated 31912023 prepared by VHB. 5. Check no.1047 in the amount of $850.00, representing the required filing fee. Please do not hesitate to contact me with any questions, comments, or should you require any additional information with this filing. We are requesting, if possible, that this matter be scheduled for the May 10, 2023 Zoning Board of Appeals' hearing agenda. Nutter Mc6tennen & Fish LLP / L4TIlyannough Rd, P.O. Box 1630 / Hyannis, MA 02601 / T: 508.790.5400 / nutter'com Anna Brigham, Principal Planner April6,2023 Page 2 F.ZC:cam Enclosures Arista Hyannis, LLC 5929335. I Thank you very much for your assistance Verv trulv vours. e{" ,*" Eliza Cox |. Town Clerk Stamp J 'T'rii,qrn r:f B;:it l"li;rt.thIe Zoning Board of Appeals Application for a Special Permit lf Applicant(s) differs from owner, state nature of interest2 The undersigned hereby applies to the Zoning Board of Appeals for a Special Permit, in the manner and for the reasons set forth below: I The Applicant(s) Name will be the entity to whom the special Permit will be lssued to. For Office Use Only Date Application Received Appeal No. Hearing Due Date Hearing Date: Decision Due: Property Owner: Arista HYannis LLC Phone: P roperty Locatio n : 7 1 5.Weq1.Maip,$lreet Village: Hyannis City: Hyannis State: MA Zip: 02601 Address of Owner (if different from arove): 450+9,tatiqr,l,6'Vg0,Ue City: South Yarmouth State: MA Zip 02664 Assessor's lnfo Map:249 Parcel: 155 Zoning District: HB Groundwater Overlay: WP Registry of Deeds/Land Court Reference: Book:35261 Page: 329 Document #:Certificate #: Plan Book: 307/100 Plan Page Applicant's Name:'Arista Hyannis LLC Phone: Applicant's Address:4SSStatlonv,ANenue Fax #: City: South Yarmouth State: MA Zipt 02664 Cite Section(s) & Title(s) from Zoning Ordinance Z4O-25(B)(22), note 1, and240-25(C)(10), drive through for proposed restaurant Description of Activity/Reason for Request: Applicant proposes to remodel former bank building for a proposed Wendy's Restaurant with a drive through in same approximate location as existing drive through. s property subject to an existing Special Permit or Variance: il YES - Please list Appeal#(s): No. 1983-75 (signage)!NO Existing Level of Development of Property - Existing Number of Buildings: 1 Existins Use of Property: Former bank with drive through window Existing Gross Floor Area: Approximately 3123 Proposed Level of Development of Property - Total Number of Buildings: '1 Proposed Use of Property: Restaurant with drive through window Proposed New Gross Floor Area: 3123 (no change) Site Plan Review Number: 09{€?ri,.'r: it:r "i:r,ii'',', !r"', i it,rtir.'ri"' ifa use. No Date d icab for ng ngreconfigured for proposed use, incl nt to are proposed to building foot print. of Construction abutting property. The parking and access/egress will be reconfigured for proposed use. NoXls the property located in a designated Historic District Yes Yes NoXls the building a designated Historic mark: Yes NoXls this proposal subject to approval by the Board of Health NoXYesls 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: Date t 5 23Signature: 508-790-5431Phone:Print Name: Eliza Cox, Esq., Nutter, McClennen & Fish Mailing Address: P.O. Box 1630 State: MA Zip: 02601City: Hyannis Email Address: ecox@nutter.comFax Number: 617-310-9191 Arista Hyannis LLC 715 West Main Street, Hyannis (the'oProperty") Addendum to Snecial Permit Application This application for a Special Permit, pursuant to $$240-25(B)(22), note 1 and240- 25(CX10) of the Town of Barnstable Zoning Ordinance (the "Ordinance")o is submitted on behalf of Arista Hyannis LLC (hereafter, the "Applicant"), owner of the subject property, to allow a drive-through window in connection with the Applicant's plans to remodel the existing building for a Wendy's restaurant. The Property As set forth in the application materials, the Property is located in the Highway Business (HB) zoning district and the Wellhead Protection (WP) overlay district. It consists of approximately 19,428 square feet and therefore complies with the minimum lot area requirements of the HB district. The Property has frontage on both West Main Street and Pine Street, and both street frontages exceed the required minimum of 20 feet. The Property is developed with an approximately 3,123 square foot commercial building, previously used as a Santander Bank. There is an existing drive-through window which has 2 business lanes located on the westerly side of the building, previously used in connection with the bank. Presently, the Property is served by three curb-cuts: alarge, full access curb-cut on West Main Street, a full access curb-cut on the easterly Pine Street frontage, and an egress only cuib-cut on westerly Pine Street frontage. The existing development contains 18 paved parking spaces and has an impervious coverage of 77 .6%o, which is pre-existing, non-conforming to the WP's requirements. The existing building coverage, 18.1o , complies with the HB's 30% maximum. Proposed Project The Applicant proposes to remodel the existing building within the existing building footprint for a Wendy's restaurant, a use which is allowed by right in the HB district. No zoning relief is needed for the restaurant use. In addition, the Applicant seeks to re-configure and re-use the existing drive-through window for the Wendy's restaurant. Drive through windows are conditional uses, allowed by special permit in the HB district, and thus, the proposed re-use of the drive through window for the Wendy's operation is the reason for this zoning filing. The Applicant also proposes site improvements as part of the project, including redesigning the West Main Street curb-cut into a right-out only, installing new pedestrian connections into the site from West Main Street, new storm-water drainage basins, additional plantings, and a new queuing lane to support the drive-through window operations. As part of the project, the drive through canopy will be reconstructed, shortened and consolidated into one drive up business window, which increases the canopy setback from the westerly property line. The project also slightly replaces pavement with green space, decreasing the site-wide impervious coverage from77.60/o existing to 74.6Yo proposed, thereby becoming more conforming. Special Permit Relief is Warranted In 2018, the Town Council approved a significant re-write of the HB zoning district with the stated pu{pose to "encourage investment in Bamstable's aging commercial corridors and respond to curent market demands, while promoting an increase in property values, appropriate protection for adjacent residential land uses and Barnstable's unique character and exceptional quality of life." See $240-25(A), Purpose. Accordingly, the HB district now includes a lengthy list of by-right allowed residential, mixed-use and commercial uses, including restaurants and food establishments. The zoning also sets forth a list of conditional uses, allowed by special permit, including drive through windows for restaurants and food establishments, upon a finding that the proposed conditional use does oonot substantially adversely affect the public health, safety, welfare or convenience of the community." See 5240-25(C). Here, as described below and in the accompanying application materials, the proposed drive-through window will not substantially adversely affect the public health, safety, welfare or convenience of the community and, accordingly, the requested special permit relief is warranted. In support of the request, VHB prepared a transportation analysis which is included in the application materials to assess the effects of the proposed drive-through window. Significantly, based on the Institute of Transportation Engineers (ITE) Trip Generation calculations, the addition of a drive-through window is only expected to result in an increase of 4 trips in the morning peak hour as compared to the use without the drive through window. The weekday evening peak hour is calculated to be the same with or without a drive through window. Accordingly, the proposed drive through window, which is the reason that the project requires a special permit, will have almost no additional impact in terms of trip generation than a fast-food restaurant without a drive through window, which is allowed by right in the zoning district. In addition, the VHB analysis also evaluated the drive through window operations and queue storage within the subject Property. During the Town's Site Plan Review process, the Applicant met numerous times with different Town departments to review the onsite circulation and queuing for the drive through window. As a result of those meetings, the site plan evolved to create the drive through queue storage lane along the easterly perimeter of the Property, allowing for approximately lI-12 vehicles to queue within the Property without interfering with customer parking spaces. And, the Town's DPW commented positively that it agreed with the proposed change to the site plans with respect to the pickup window slip lane and accompanying pavement markings. As detailed in its assessment, VHB also conducted empirical queue observations at the Wendy's on Route I32 in Hyannis and at the Route 28 in Mashpee location, both of which are located on significantly busier roadway networks, to understand expected queue lengths. The details and methodologies of these observations are included in the VHB report. In summary, the average queue at these (much busier) locations was 4 vehicles during the weekday midday peak hour. The Mashpee location had a maximum queue of 8 vehicles during the weekday midday peak and the Hyannis location had a maximum queue of 7 vehicles during the weekday midday 2 peak hour. During the weekday evening peak hour, both locations had a maximum queue of 7 vehicles. And, during the Saturday midday peak hour, the Mashpee location had a maximum of 8 queued vehicles and the Hyannis location had a maximum of 7 queued vehicles. It is also significant to note that Route 132 and Route 28 experience almost double the amount of traffic volume than West Main Street. As such, those locations are expected to be significantly busier than the proposed West Main Street location. Thus, with a storage capacity of approximately 1 1- 12 queued vehicles, the proposed layout will provide more on-site storage than is expected to accommodate the drive through queue during peak conditions. From a site design perspective, the drive through window location is to the west/back of the building which minimizes its visual impact. The ordering station is on the north side of the building where any sound would be absorbed by West Main Street. There is a wooden stockade fence in good condition and significant trees and vegetation along the boundary of the commercially zoned property to the west that will be retained which also buffers existing and proposed operations from the abutting lot. The drive-through enhances customer convenience, particularly as the community continues to take COVID public health precautions. And, consistent with the purpose of the HB zoning district, the proposal results in additional investment in this aging commercial corridor. This includes renovations to the exterior of the existing building, improved stormwater measures, additional plantings, new pedestrian measures on West Main Street, and a much safer right-out only curb-cut on West Main Street. For all the foregoing reasons, we respectfully suggest that the proposed re-use of the drive through in connection with the restaurant/food establishment will not substantially adversely affect the public health, safety, welfare or convenience of the community and therefore, the requested relief should be granted. Thank you very much. 59294t4.2 J