HomeMy WebLinkAboutSR-2023-010 Arista Hyannis LLC 715 West Main St HY Special Permit
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2023-010 – Arista Hyannis LLC
240-25 C. (10) – HB Business District, Conditional Use Drive-through
Section 240-25 B. (22), note 1 - HB Principal Permitted Uses
To allow the remodel of the former bank building for a proposed Wendy’s Food Service
Establishment with a drive-through
Date: May 2, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Arista Hyannis LLC
450 Station Avenue, South Yarmouth, MA 02664
Property Location: 715 West Main St, Hyannis, MA
Assessor's Map/Parcel: 249/155
Zoning: Highway Business (HB) Zoning District
Filed: April 6, 2023 Hearing: May 10, 2023 Decision Due: July 15, 2023
Copy of Public Notice
Arista Hyannis LLC has applied for a Special Permit in accordance with Section 240-25(B)(22) and
240-25(C)(10) Drive-Through for a proposed restaurant. The Applicant proposes to remodel the
former bank building and change the use to a food service establishment with a drive-through. The
subject property is located at 715 West Main Street, Hyannis, MA as shown on Assessor’s Map
249 as Parcel 155. It is located in the Highway Business (HB) District.
Background
The subject property is a 0.45 acre developed lot with frontage on Pine Street and West Main
Street, Hyannis. The property is developed with an approximately 3.123 square foot commercial
building previously containing a bank. There is an existing drive-through window with 2 lanes
located on the westerly side of the building. The area is both multi-unit residential and commercial
with the Barnstable High School directly across the street.
Proposal & Relief Requested
Arista Hyannis LLC has applied for a Special Permit in accordance with Section 240-25(B)(22) and
240-25(C)(10) Drive-Through for a proposed food service establishment. The Applicant proposes
to remodel the former bank building and change the use to a food service establishment wit h a
drive-through. The subject property is located at 715 West Main Street, Hyannis, MA.
Staff Comments
As the Board has done previously, the Board may consider requesting a peer review of the traffic
study provided. The Traffic Study peer review may provide the Board with a better understanding
of the impacts the use may create during peak hour traffic as well as during school peak hours due
to the proximity to the high school. In addition the peer review may provide recommendations
regarding proper turning movements and ingress/egress for pedestrian and vehicular safety
considerations.
Special Permit Findings
Staff has not drafted findings or conditions at this time.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2023-010 – Arista Hyannis LLC
2
Other Approvals
Site Plan Review Committee has determined this application is approvable upon further relief (see
letter dated April 11, 2023) but listed the following concerns/comments.
1. A Special Permit is required from the Zoning Board of Appeals for the drive through.
2. Staff continues to advise the applicant of concerns with inadequate number of vehicle stacking
spaces in the drive-through; prior projects have shown a minimum of 13 spaces is required to
meet demand for fast food uses.
3. Any encroachments in the right of way will require a license for use of Town property from the
Town Manager.
4. The Transportation Report should evaluate internal circulation and ingress/egress for vehicles
and pedestrians, vehicles queue/stacking, anticipated trip generation and impact on study area
intersections, plus any recommended mitigation actions. The Zoning Board of Appeals will
review the provided Transportation Report in further detail to understand impact on the study
area intersections and may request a peer review.
5. Staff has concern that vehicles entering the site off of Pine Street will proceed straight ahead
bypassing the drive through lane.
6. Please submit a complete signage plan for directional and building signage including the pre-
sell menu board and the main menu board. Staff highly recommends that non-internally
illuminated signage would be most appropriate for the site.
If the Board wishes to seek a Peer Review for the Traffic Study provided, below is a draft motion
for consideration:
“The Board has determined that an outside consultant is required to review the Traffic Study
submitted by the Applicant. As provided by Chapter 44 Section 53G, the Board is authorized to
impose on applicants reasonable fees for the employment of outside consultants for the purposes
of reaching a final decision on the Special permit. The consultant shall be chosen by, and shall
report to, the Zoning Board of Appeals”.
Copies: Applicant (c/o Attorney Liza Cox)
Attachments: Application
Plans and Traffic Study
Formal Site Plan Review letter dated April 11, 2023