HomeMy WebLinkAboutSR-2023-033 19 and 29 Bearse Road LLC 19 and 29 Bearse Road HY Variances
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2023-033 – 19 Bearse Road LLC and 29 Bearse Road LLC
Section 240- 11 A. Principal Permitted Uses in the RB District
Section 240-11 E. Bulk and Dimensional Regulations
Section 240-35 F. Groundwater Protection Overlay Districts
Section 240-21 A. (9) (a-j & e) in the B, BA, and UB Business Districts
To allow the demolition and replacement of two existing dwellings, combine the two parcels,
and construct four two-family dwellings
Date: October 31, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: 19 Bearse Road LLC and 29 Bearse Road LLC
Property Location: 19 and 29 Bearse Road, Hyannis, MA
Assessor's Map/Parcel: 310/288 and 311/039
Zoning: Residence B (RB)
Filed: September 28, 2023 Hearing: November 8, 2023 Decision Due: January 6, 2024
Copy of Public Notice
19 Bearse Rd LLC and 29 Bearse Rd LLC have petitioned for a Variance pursuant to Section 240-
11(A) Principal Permitted Uses in the RB Residential District; 240-11(E) Bulk and Dimensional
Variances; 240-35(F) GP Groundwater Protection Overlay Districts; and to the extent required from
240-21(A)(9)(A-J & E) B, BA, and UB Business Districts. The Petitioners are proposing to demolish
and replace the two existing residential dwellings, combine the two parcels, and construct 4 two-
family dwellings. The subject properties are located at 19 and 29 Bearse Road, Hyannis, MA as
shown on Assessor’s Maps 310 and 311 as Parcels 288 and 039, respectively. They are located in
the Residence B (RB) Zoning District.
Background
The subject property addressed as 19 Bearse Road consists of .38 acres and has frontage on
Bearse Road, Hyannis. This property contains a 3-bedroom single family dwelling with 1,267
square feet of living area (2,624 of gross floor area) constructed in 1957.
The subject property addressed as 29 Bearse Road consists of .62 acres with frontage on Bearse
Road, Hyannis. This property contains a 3-bedroom single family dwelling with 1,460 square feet
of living area (1,969 of gross floor area) constructed in 1950.
The area consists of both residential and commercial uses with the Airport Rotary nearby.
Proposal & Relief Requested
19 Bearse Rd LLC and 29 Bearse Rd LLC have petitioned for a Variance pursuant to Section 240-
11(A) Principal Permitted Uses in the RB Residential District; 240-11(E) Bulk and Dimensional
Variances; 240-35(F) GP Groundwater Protection Overlay Districts; and to the extent required from
240-21(A)(9)(A-J & E) B, BA, and UB Business Districts. The Petitioners are proposing to demolish
and replace the two existing residential dwellings, and construct 4 two-family dwellings. The
subject properties are located at 19 and 29 Bearse Road, Hyannis, MA.
According to the application, the Petitioner owns multiple local business operations which staff in
excess of 150 employees, one of which is abutting the Audi Dealership at the end of Bearse Ro ad.
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2023-033 – 19 and 29 Bearse Road LLC
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The Petitioner struggles with providing housing for the employees. Due to this demand, the
Petitioner has worked with their Team to come up with a design to provide additional housing on
these two lots for up to 8 employees and their families. The Petitioner is has offered to condition
the Variance on the requirement that the new units only be rented to employees of the Petitioners
businesses and their families.
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. 2023-033 is granted to 19 Bearse Rd LLC and 29 Bearse Rd LLC pursuant to
Section 240-11(A) Principal Permitted Uses in the RB Residential District; 240-11(E) Bulk
and Dimensional Variances; 240-35(F) GP Groundwater Protection Overlay Districts; and
to the extent required from 240-21(A)(9)(A-J & E) B, BA, and UB Business Districts to
demolish and replace the two existing residential dwellings, and construct 4 two-family
dwellings at 19 and 29 Bearse Road, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Proposed Site Plans for 19 and 29 Bearse Road, Hyannis, Massachusetts 02601” by
Atlantic Design Engineers dated April 14 2023 with a last revision date of September 15,
2023 sheet 1-6.
3. Should the lot(s) be transferred to new ownership, the transfer must be approved by the
Board.
4. The proposed development shall represent full build-out of the lot. Further expansion of the
dwelling or construction of additional accessory structures is prohibited without prior
approval from the Board.
5. All mechanical equipment associated with the dwelling (air conditioners, electric generators,
etc.) shall be screened from neighboring homes and the public right-of-way.
6. The 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 the issuance of a building permit. The rights authorized by this
special permit must be exercised within two years, unless extended.
Copies: Applicant (c/o Attorney Jeff Ford)
Attachments: Application
Plan
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2023-033 – 19 and 29 Bearse Road LLC
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