HomeMy WebLinkAboutSR-2023-010 Arista Hyannis LLC 715 West Main St HY Special Permit REVISED
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 *REVISED January 19, 2024*
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 with a
drive-through. The subject property is located at 715 West Main Street, Hyannis, MA.
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.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2023-010 – Arista Hyannis LLC
2
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 concerns 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.
Special Permit Findings - Favorable
1. The application falls within a category specifically excepted in the ordinance for a grant of a
special permit. Section 240-25(B)(22) and 240-25(C)(10) Drive-Through for a proposed
restaurant allows for a Special Permit.
2. A site plan has been reviewed and found approvable in accordance with Article IX herein
subject only to the issuance of a special permit (see letter dated April 11, 2023). .
3. 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.
Special Permit Findings - Unfavorable
1. The application falls within a category specifically excepted in the ordinance for a grant of a
special permit. Section 240-25(B)(22) and 240-25(C)(10) Drive-Through for a proposed
restaurant allows for a Special Permit.
2. A site plan has been reviewed and found approvable in accordance with Article IX herein
subject only to the issuance of a special permit (see letter dated April 11, 2023).
3. The Board is in receipt of 86 correspondence in opposition, 1 in support of the project.
4. After an evaluation of all the evidence presented, the proposal is in conflict with the spirit
and intent of the Zoning Ordinance and would represent a substantial detriment to the
public good or the neighborhood affected due to the introduction of an auto dominated “fast
food” use into an existing high volume roadway network and intersection that the subject
property utilizes for access and egress further impairing the known concern. In addition, the
discretionary use proposed creates concerns due to its proximity to the unsafe and
overburden intersection adjacent to the property creating added unsafe turning movements.
Lastly this site is in a unique location and proximity to the High School and after hearing
testimony from the Public School administration, the Board maintains their concerns for
traffic volume, turning movements, and parking impacts and how it interacts with the
neighborhood.
Suggested Conditions - Favorable
Should the Board find to grant the Special Permit No. 2023-010, it may wish to consider the
following conditions:
1. Special Permit No. 2023-010 is granted to Arista Hyannis LLC in accordance with
Section 240-25(B)(22) and 240-25(C)(10) Drive-Through for a proposed restaurant to
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2023-010 – Arista Hyannis LLC
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remodel the former bank building and change the use to a food service establishment
with a drive-through at 715 West Main Street, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan
entitled “Wendy’s Redevelopment” by BSC Group, Sheets 1-7, dated December 5, 2022
with a revision date of March 30, 2023.
3. The proposed development shall represent full build-out of the lot. Further alteration or
expansion of the structure or construction of accessory structures is prohibited without
prior approval from the Board.
4. All mechanical equipment associated with the structure (air conditioners, electric
generators, etc.) shall be screened from neighboring homes and the public right-of-way.
5. 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 Liza Cox)
Attachments: Application
Plans and Traffic Study
Formal Site Plan Review letter dated April 11, 2023