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
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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
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Copies: Applicant (c/o Attorney David Lawler)
Attachments: Application
Plan