HomeMy WebLinkAboutthelandingrecordedspecialpermitandvariance Arutter
Eliza Cox
Direct Line:508-790-5431
Fax: 617-310-9191
E-mail: ecox@nutter.com
November 1, 2023 BUILDING DEPT.
112518-1
NOV 0 7 2023
TOWN OF BARNSTABLE
/Brian Florence, Building Commissioner Anna Brigham, Principal Planner
Town of Barnstable Town of Barnstable Zoning Board of Appeals
200 Main Street 200 Main Street
Hyannis, MA 02601 Hyannis, MA 02601
Re: The Landing at Hvannis
790 Iyannough Road, Hyanni
Dear Brian and Anna:
Enclosed for your files please find a copy of each of the as-recorded Town of Barnstable
Zoning Board of Appeals Decisions relating to the above-referenced matter:
• Variance No. 2023-022—Cape Town Plaza LLC; and
• Special Permit No. 2023-021 —Cape Town Plaza LLC.
These documents were recorded with Barnstable County Registry of Deeds on November
1, 2023, in Book 36066, Pages 139-143, and Book 36066, Pages 144-146, respectively.
Thank you for your assistance with this matter.
Very truly yours,
C,
Eliz ox
EZC:cmf
Enclosures
6214054.1
Nutter McCLennen& Fish LLP / 1471 Iyannough Rd, P.O. Box 1630 / Hyannis, MA 02601 / T; 508.790.5400 / nutter.com
A
Bk 36066 Pg139 #44072
11-01-2WT431P&f17a
BARNSTABLE TOWN CLERK
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Variance No.2023-022--Cape Town Plaza LLC
Section 240-65 A.- E. and H. Signs in the B, UB, HB, HO and SD-1
To establish a comprehensive signage criteria for The Landing at Hyannis
Summary: Granted with Conditions
Petitioner: Capetown Plaza LLC c/o Amanda Chisholm
Owner: Town of Barnstable
Property Location: 790 lyannough Road, Hyannis, MA
Assessor's Map/Parcel: 311/092
Zoning: Residence B (RB) and Highway Business (HB)
Hearing Date: September 27, 2023
Recording Information: Book:3514 Page:0074
Background
Capetown Plaza LLC petitioned for a Variance pursuant to Section 240-65 A. through E. and H.
Signs in B, UB, HB, HO, S&D, and SD-1 Districts. The Petitioner sought to establish a
comprehensive site-wide tenant building and pylon signage criteria to regulate total allowable
signage area, location, and illumination for "The Landing at Hyannis". The subject property is
located at 790 lyannough Road, Hyannis, MA as shown on Assessor's Map 311 as Parcel 092. It is
located in the Business (B) and Highway Business (HB)Zoning Districts.
The subject property is a 26.72 acre lot with frontage on lyannough Road and Airport Road in
Hyannis, MA. The lot contains six buildings containing a total of 207,461 gross square feet of
commercial use built in 1973.
Proposal & Hearing Summary
Variance No. 2023-022, a request pursuant to Section 240-65 A. through E. and H. Signs in B,
UB, HB, HO, S&D, and SD-1 Districts to establish a comprehensive site-wide tenant building and
pylon signage criteria to regulate total allowable signage area, location, and illumination for "The
Landing at Hyannis" at 790 lyannough Road, Hyannis, MA was filed at the Town Clerk's office and
the Office of the Zoning Board of Appeals on August 14, 2023. A public hearing before the Zoning
Board of Appeals was duly advertised and notice sent to all abutters and interested parties in
accordance with MGL Chapter 40A. The hearing was opened on September 13, 2023 and
continued to September 27, 2023, at which time the Board found to grant the Variance subject to
conditions. Board members deciding this petition were Jacob Dewey, Herbert Bodensiek, Paul
Pinard, Aaron Webb, and Mark Hansen.
At the hearing on September 27, 2023, Attorney Eliza Cox of Nutter, McClennen & Fish, and
Amanda Chisholm of WS Development presented the petition before the Board. Ms. Chisholm
reviewed the past signage variance petitions from individual businesses and the signage was not
cohesive. Ms. Chisholm reviewed the proposed signage package including locations A-C and the
Pylon Signs. She stated that in her opinion the comprehensive signage package is well-branded
and has up-to-date styles and colors. She stated there will be less clutter and it will be easier to
navigate through the site.
The Board asked for public comment. No testimony was given.
Findings of Fact
At the hearing on September 27, 2023, the Board voted and made the following findings of fact in
Variance No. 2023-022, a request to establish a comprehensive site-wide tenant building and
Bk 36066 Pg140 #44072
Town of Barnstable Planning and Dcvelopment Department Decision
Variance 2023-022—Capetown Plaza LLC
pylon signage criteria to regulate total allowable signage area, location, and illumination for "The
Landing at Hyannis" at 790 lyannough Road, Hyannis, MA.
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. The Board found the topography is such that the
customers could not see the compliance signage or building locations.
2. A literal enforcement of the provisions of the zoning ordinance would involve substantial
hardship, financial or otherwise to the petitioner. The Board found that due to the elevation
constraints, the lack of exposure for the businesses would be a financial hardship.
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.
The Board found the comprehensive signage package would be a benefit to the customers
and businesses.
The Board voted to accept the findings as follows:
AYE: Jacob Dewey, Herbert Bodensiek, Paul Pinard,Aaron Webb, and Mark Hansen
NAY: None
Decision
The Board voted to grant the requested Variance to the sign regulations with conditions as follows:
1. Variance No. 2023-022 is granted to Capetown Plaza LLC pursuant to Section 240-65 A.
through E. and H. Signs in B, UB, HB, HO, S&D, and SDA Districts to establish a
comprehensive site-wide tenant building and pylon signage criteria to regulate total allowable
signage area, location, and illumination for "The Landing at Hyannis" located at 790 lyannough
Road, Hyannis, MA.
2. The site signage shall be constructed in substantial accordance with the following materials
submitted to the Zoning Board of Appeals:
i. "The Landing at Hyannis Barnstable, MA—Proposed Pylon Signs, dated 7/31123,"
consisting of
11 pages.
ii. "The Landing at Hyannis Tenant Building Signage Criteria" dated July 2023,
consisting of 7 pages.
3.This Variance grants the Petitioner the following:
Location A
• Total signage area per tenant: 100 square feet
• Internally illuminated face lit, halo lit, exposed LED source lit, or externally lit
signs are required.
Max sign height: 3 feet
• Max width: Varies
• Sign shall be a min of 12 inches offset from Tenants lease line and min of 6
inches offset from top and bottom.
• Max depth: 3 inches.
Location B
• Total signage area per tenant: 225 square feet.
• Internally illuminated face lit, halo lit, exposed LED source lit, or externally lit
signs are required.
Page 2 of 4 2
Bk 36066 Pg141 #44072
Town of Barnstable Planning and Development Department Decision
Variance 2023-022—Capetown Plaza LLC
• Max Sign Height: 6 feet,
• Max width:Varies.
Centered horizontally and vertically over architectural entrance.
• Max Depth: 6 inches.
Location C
• Total signage area per tenant: 350 square feet.
• Internally illuminated face lit, halo lit, exposed LED source lit, or externally lit
signs are required.
• Max Sign height: 10 foot 6 Inches.
• Max Width: Varies.
• Centered horizontally and vertically over architectural entrance.
• Max. Depth: 6 inches.
Pylon Signs
In addition to the total tenant signage areas listed in Locations A, B & C above, the
following free- standing signs are permitted.
Primary Pylon sign
• 507.5 sf of sign area
• Height not to exceed 35 feet
• Width not to exceed 14.5 feet
Secondary Pylon sign#1
• 296.7 sf of sign area
• Height not to exceed 25'-3"
• Width not to exceed 11'-9"
Secondary Pylon Sign#2
• 296.7 sf of sign area
• Height not to exceed 25'-3"
• Width not to exceed 11'-9"
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. The Decision shall be deemed exercised and vested
for the entire property upon the issuance of the first signage permit in accordance with the relief
authorized herein.
AYE: AYE: Jacob Dewey, Herbert Bodensiek, Paul Pinard, Aaron Webb, and Mark Hansen
NAY: None
Ordered
Variance No. 2023-022 pursuant to Section 240-65 A. through E. and H. Signs in B, UB, HB, HO,
S&D, and SD-1 Districts to establish a comprehensive site-wide tenant building and pylon signage
criteria to regulate total allowable signage area, location, and illumination for "The Landing at
Hyannis" at 790 lyannough Road, Hyannis, MA has been granted with conditions. This decision
must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that
recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision
must be exercised within one year unless extended. Appeals of this decision, if any, shall be made
Page 3 of 4 3
Bk 36066 Pg142 #44072
Town of Barnstable Planning and Development Department Decision
Variance 2023-022—Capetown Plaza LLC
pursuant to MGL Chapter 40A, Section 17, within twenty days after the date of the filing of this
decision, a copy of which must be filed in the office of the Barnstable Town Clerk.
Jac Dewey, Chair Date Signed
I, Ann Quirk, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify
that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that
no appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed thisZS'IA day of d�J a43 under the pains and penalties of
perjury,
Ann Quirk, Town Clerk
Page 4 of 4 4
Bk 36066 Pg143 #44072
Town of Barnstable
24 00T'23 Pml:27
Zoning Board of Appeals BflRNSTA13LE= 1 OWN CLERK
Error in Script-Amended & Revised
As related to the decision rendered for:
Variance No. 2023-022-Cape Town Plaza LLC
An error in script was identified in the Decision and Notice of Variance 2023-022, issued to
Capetown Plaza LLC c/o Amanda Chisholm of WS Development, for property addressed 790
Iyannough Road, Hyannis, MA (Map 311, Parcel 092-000) and filed with the Town Clerk on
October 4, 2023. The error was found in the Conditions,No. 3,Location A.
The Decision and Notice for Variance No. 2023-022 Capetown Plaza LLC c/o Amanda
Chisholm of WS Development, Condition No. 3, Location A, section should read as follows:
Location A:
• Total signage area per tenant: 100 square feet, except that multi-facade tenant
spaces that have more than one fagade fronting on a primary vehicular roadway
or major interior drive may have up to 150 square feet.
In addition, there is a typographical error in the summary section at the top of page 1 of the
decision. The summary incorrectly notes the property as being in the Residence B (RB) and
Highway Business (HB) zoning districts. This error in script also corrects that typographical
error; as correctly referenced in the first full paragraph in the `Background" section of the
decision, the property is located within the Business (B) and Highway Business (HB) zoning
districts.
Respectfully Submitted,
Anna Brigham, Principa Planner
October 24, 2022
JOHN F. MEADE, REGISTER
BARNSTABLE COUNTY REGISTRY OF DEEDS
RECEIVED & RECORDED ELECTRONICALLY
R
Bk 36066 Pg144 #44073
11-01-2023 @ 11 : 37a
4 OCT 123 PM3:18
Town of Barnstable BARNSTABLE T0WN CLERK
Zoning Board of Appeals
Decision and Notice
Special Permit No. 2023-021 Capetown Plaza LLC
Section 240-57— Reduction in parking
To reduce the required parking ratio to 3.5 spaces per 1000 square feet of gross floor area
Summary: Granted with Conditions
Applicant: Capetown Plaza LLC c/o Amanda Chisholm of WS
Owner. Town of Barnstable
Property Location: 790 lyannough Road, Hyannis, MA
Assessor's Map/Parcel: 311/092
Zoning: Residence B (RB) and Highway Business (HB)
Hearing Date: August 9, 2023
Recording Information: Deed: Book 3514 Page:0074
Background
Capetown Plaza LLC applied for a Special Permit pursuant to Section 240-57 A. and C.
Circumstances Warranting Reduction of Requirements. The Applicant sought to establish an overall
shopping center ratio for the property of 3.5 parking spaces per 1,000 square feet of shopping
center gross floor area. The subject property is located at 790 lyannough Road, Hyannis, MA, as
shown on Assessor's Map 311 as Parcel 092. It is located in the Business (B) and Highway
Business (HB) Zoning Districts.
The subject property is a 26.72 acre lot with frontage on lyannough Road and Airport Road in
Hyannis, MA. The lot contains six buildings containing a total of 207,461 gross square feet of
commercial use built in 1973.
Procedural & Hearing Summary
Special Permit No. 2023-021, pursuant to Section 240-57 A. and C. Circumstances Warranting
Reduction of Requirements to establish an overall shopping center ratio for the property of 3.5
parking spaces per 1,000 square feet of shopping center gross floor area at 790 lyannough Road,
Hyannis, MAwas filed at the Town Clerk's office and office of the Zoning Board of Appeals on
August 14, 2023. A.public hearing before the Zoning Board of Appeals was duly advertised and
notice sent to all abutters and interested parties in accordance with MGL Chapter 40A. The hearing
was opened on September 13, 2023 and continued to September 27, 2023 at which time the Board
found to grant the Special Permit subject to conditions. Board Members deciding this appeal were
Jacob Dewey, Herbert Bodensiek, Aaron Webb, Mark Hansen, and Paul Pinard,
Attorney Eliza Cox of Nutter, McClennen & Fish, and Amanda Chisholm of WS Development
presented the application before the Board. Ms. Chisholm stated that WS has entered into a long
term lease with the Town of Barnstable and reviewed the existing conditions of redevelopment and
reviewed the proposed site conditions. She stated the proposed site conditions include new
landscaping, modern facades, and new design details with better curb appeal. She stated that WS
has worked with the Airport throughout this process. Ms. Chisholm reviewed the Special Permit
application and stated WS is requesting a parking ratio of 3.5 spaces per 1000 square feet of gross
floor area. She stated after reviewing WS's other plaza's, this ratio makes the most sense. Attorney
Cox reviewed the zoning relief and parking demand and stated if all the required parking spaces
were installed, there would be excess parking.
Bk 36066 Pg145 #44073
Town of Barnstable Zoning Board of Appeals-Decision and Notice
Special Permit No.2023-021 -Capetown Plaza LLC
The Board discussed the required number of spaces vs proposed number of spaces. The Board
also discussed deliveries, trash pick up and employee parking. The Board reviewed the parking
ratios of other plazas presented by WS as well as the ITE Trip Generation information. The Board
also discussed the types of stores that are proposed for the Plaza.
The Board Chair asked for public comment. No testimony was given.
Findings of Fact
At the hearing on September 27, 2023, the Board unanimously made the following findings of fact in
Special Permit Application No. 2023-021, to establish an overall shopping center ratio for the
property of 3.5 parking spaces per 1,000 square feet of shopping center gross floor area at 790
lyannough Road, Hyannis, MA:
1. The application falls within a category specifically excepted in the ordinance for a grant of a
Special Permit.
2., After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of
the Zoning Ordinance and would not represent a substantial detriment to the public good or
the neighborhood affected.
3. A Site Plan has been reviewed and found approvable with conditions. (see letter dated
February 7, 2023).
4. Such uses do not substantially adversely affect the public health, safety, welfare, comfort or
convenience of the community.
5. The Building and site design are consistent with Section 240-25.E, District-wide design and
performance standards applicable within the Highway Business District.
6. The proposed repairs, alterations and/or expansion are not substantially more detrimental to
the surrounding neighborhood.
The vote to accept the findings was:
AYE: Jacob Dewey, Herbert Bodensiek, Aaron Webb, Mark Hansen, and Paul Pinard
NAY: None
Decision
Based on the findings of fact, a motion was duly made and seconded to grant Special Permit No.
2023-021 subject to the following conditions:
1. Special Permit No. 2023-021 is granted to Capetown Plaza LLC pursuant to Section 240-57
A. and C. Circumstances Warranting Reduction of Requirements. The overall shopping
center parking ratio for the property shall not be less than 3.5 parking spaces per 1,000
square feet of shopping center gross floor area.
2. All Site Plan Review conditions of approval are hereby incorporated into this Decision.
Redevelopment Phase 2 will have additional Site Plan Review conditions.
3. Underground parking is prohibited unless approved by the Board. All proposed parking shall
be surface parking.
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 Special
2
Bk 36066 Pg146 #44073
Town of Barnstable Zoning Board of Appeals-Decision and Notice
Special Permit No.2023-021-Capetown Plaza LLC
Permit must be exercised within two years, unless extended. The Decision shall be deemed
exercised and vested upon the recording of the Decision.
The vote was:
AYE: Jacob Dewey, Herbert Bodenslek, Aaron Webb, Mark Hansen, and Paul Pinard
NAY: None
Ordered
Special Permit No. 2023-021, pursuant to Section 240-57 A. and C. Circumstances Warranting
Reduction of Requirements to establish an overall shopping center ratio for the property of 3.5
parking spaces per 1,000 square feet of shopping center gross floor area at 790 lyannough Road,
Hyannis, MA, has been granted. This decision must be recorded at the Barnstable Registry of
Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals
Office. The relief authorized by this decision must be exercised within two years unless extended.
Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within
twenty (20) days after the date of the filing of this decision, a copy of which must be filed in the office
of the Barnstable Town Clerk.
leg
r
)Jok�_
wey, Chair Date Signed
I, Ann Quirk, Clerk of the Town of Barnstable, Barnstable County Massachusetts, hereby certify that twenty
(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the
decision has been filed in the office of the Town Clerk,
Signed and sealed this 25J _day of Z6?3 under the pains and penalties of perjury
Ann Quirk, Town Clerk
3
JOHN F. MEADE, REGISTER
BARNSTABLE COUNTY REGISTRY OF DEEDS
RECEIVED & RECORDED ELECTRONICALLY