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HomeMy WebLinkAboutSR-2023-024 Sawyer Realty Holdings LLC 473 Main St HY Use Variance Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Variance No. 2023-024 – Sawyer Realty Holdings LLC Section 240-24.1.7.D.1 (c) (c) Multi-unit Dwelling To allow the conversion of 20 existing motel rooms to 20 studio apartments in a district that prohibits this proposed use Date: September 14, 2023 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioner: Sawyer Realty Holdings, LLC Owner: 473 Main St Partners LLC Property Location: 473 Main St, Hyannis, MA Assessor's Map/Parcel: 308/084 Zoning: Downtown Main Street (DMS) and Downtown Neighborhood (DN) Zoning Districts Filed: September 5, 2023 Hearing: September 27, 2023 Decision Due: November 23, 2023 Copy of Public Notice Sawyer Realty Holdings, LLC has petitioned for a Variance pursuant to Section 240-24.1.4 B (1)(K) Nonconforming Use and 240-24.1.7.D.(1)(C) Multi-Unit Dwelling. The Petitioner seeks to convert 20 existing motel rooms into 20 studio apartments. The requested use and use density is not permitted in the DN District. The subject property is located at 473 Main Street, Hyannis, MA as shown on Assessor’s Map 308 as parcel 084. The parcel is located in the Downtown Main Street (DMS) and the Downtown Neighborhood (DN) Zoning Districts. The existing structure seeking relief is in the Downtown Neighborhood (DN) Zoning District. Background The subject property is a 1.98 acre lot with frontage on Main Street, High School Road, and South Street in Hyannis and contains the following buildings: 1. 9,292 gross square foot Motel, 2 stories, constructed in 1954. 2. 6,452 gross square foot Motel, 2 stories, constructed in 1960. 3. 7,496 gross square foot Motel, 2 stories, constructed in 1954. 4. 14,280 gross square foot Motel, 2 stories, constructed in 1960. 5. 1,559 gross square foot Motel, 2 stories, constructed in 1960. 6. 16,800 gross square foot Motel, 2 stories, constructed in 1981. Previous Zoning Board of Appeals actions include: 1. Variance 1959-52 for setbacks. 2. Special Permit 1962-14 for Motel Use. 3. Special Permit 1975-68 for relocating laundry facility. 4. Special Permit 1980-64 for extending nonconforming use. 5. Special Permit/Variance 1985-18 to construct second floor. Town of Barnstable Planning and Development Department Staff Report Variance No. 2023-024 – Sawyer Realty Holdings LLC 2 Proposal & Relief Requested Sawyer Realty Holdings, LLC has petitioned for a Variance pursuant to Section 240-24.1.4 B (1)(K) Nonconforming Use and 240-24.1.7.D.(1)(C) Multi-Unit Dwelling. The Petitioner seeks to convert 20 existing motel rooms into 20 studio apartments. The requested use and use density is not permitted in the DN District. The subject property is located at 473 Main Street, Hyannis, MA . There will be cosmetic nonstructural construction but no expansion on the site. The requested use is a “By Right” use within the DMS District but is not allowed within the DN District. The application sites certain subsection of the new Downtown Hyannis Zoning Ordinance. While the language of the subsections and narrative intent in the public notice is accurate, the Board should correct for the record the proper subsections. The subsections should be 240-24.1.5.B.1.(b).(v) Nonconforming Use which states that a nonconforming use may not change to a different nonconforming use that is from a different use category than the existing nonconforming use and 240-24.1.8.D.1.(c) Multi-Unit Dwelling which states that Multiunit dwellings are permitted in the DN District with a maximum of four dwelling units permitted in any one building per lot. 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 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. 2023-024 is granted pursuant to Section 240-24.1.5.B.1.(b).(v) allowing a nonconforming use to be changed to a different nonconforming use that is from a different use category than the existing nonconforming use and 240-24.1.7.D.(1)(C) Multi-Unit Dwelling to allow multiunit dwellings in the DN District greater than four dwelling units in any one building per lot for the conversion of 20 existing motel rooms into 20 studio apartments at 473 Main Street, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Change of Use Plan” Sheet C1.0, by Baxter Nye Engineering & Surveying dated August 14, 2023. 3. The above-described development shall represent full build-out of the lot. No further changes to the lot shall be permitted without approval from the Board. 4. 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. Town of Barnstable Planning and Development Department Staff Report Variance No. 2023-024 – Sawyer Realty Holdings LLC 3 Copies: Applicant (c/o Attorney David Lawler) Attachments: Application Plan