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HomeMy WebLinkAboutSR - SP 307 Main StreetTown of Barnstable Planning & Development Department Staff Report Special Permit Application No. 2024-01 WinnDevelopment Company, LP 307 Main Street, Hyannis, MA Date: January 18, 2024 To: Stephen Robichaud, Chair, Planning Board From: Planning & Development Department Staff Applicant: WinnDevelopment Company, LP Property Address: 307 Main Street, Hyannis, MA Assessor’s Map/Parcel: 327/103 Zoning District: Downtown Main Street Zoning District Wellhead Protection Overlay District Background The Applicant, WinnDevelopment Company, LP and Owner 307 Main Street Nominee Trust, Conrad Watson, have requested relief pursuant to Section 240-1.5(C)(2)(b) Parking Standards and Section 240-57, Circumstances warranting reduction of requirements. The application proposes 122 parking spaces of varied parking dimensions. The application seeks to confirm compliance with the zoning ordinance or grant any necessary relief for parking dimensional standards. The subject property is located at 307 Main Street, Hyannis, Massachusetts, shown on Assessor’s Map 327 Parcel 103, zoned Downtown Main Street Zoning District and Wellhead Protection Overlay District. Applicant’s Relief Requested The Applicant WinnDevelopment Company, LP and Owner 307 Main Street Nominee Trust, Conrad Watson, have requested relief pursuant to Section 240-1.5(C)(2)(b) Parking Standards and Section 240-57, Circumstances warranting reduction of requirements. The application proposes 122 parking spaces of varied parking dimensions. The application seeks to confirm compliance with the zoning ordinance or grant any necessary relief for parking dimensional standards. Other Approvals The Applicant WinnDevelopment Company, LP and Owner 307 Main Street Nominee Trust, Conrad Watson sought Formal Site Plan Review on November 16, 2023. The Building Commissioner, following Formal Site Plan Review, on November 21, 2023 deemed the proposed project approvable with conditions. The conditions are outlined in the letter dated November 21, 2023. The Applicant has sought and received a Certificate of Demolition and a Certificate of Appropriateness from the Hyannis Main Street Waterfront Historic District Commission submitted to the Town Clerk on November 2, 2023. Staff Comments The proposed project at 307 Main Street, Hyannis has been deemed approvable by the Formal Site Plan Review Committee per the letter by the Building Commissioner, who chairs the Committee, on November 21, 2023. At that time, no zoning relief was identified by the Committee. The Applicant, WinnDevelopment Company, LP nevertheless has submitted a special permit application for relief pursuant to Section 240-1.5(C)(2)(b) Parking Standards and Section 240-57, Circumstances warranting reduction of requirements. The application proposes 122 parking spaces of varied parking dimensions. The Planning & Development Staff Report Special Permit No. 2024-01 307 Main Street 2 application seeks to confirm compliance with the zoning ordinance or grant any necessary relief for parking dimensional standards. Upon receipt of the special permit application the Chair of the Planning Board requested a zoning determination letter by the Building Commissioner. In response to the request by the Chairman, the Building Commissioner provided a letter dated January 12, 2024, entitled Zoning Determination for 307 Main Street which determination concludes that the proposed project is in compliance with zoning with respect to parking and other requirements. The Town Attorney’s Office had previously, upon request (by the Planning Department? I can’t recall but specify) provided a legal opinion that the proposed project complies with the Zoning Ordinance with respect to parking. Decision If the Board needs additional information for consideration the Board may make a motion to continue SP 2024-001 307 Main Street, Hyannis to February 12, 2024 at 7:00 PM to be held in person at Town Hall 376 Main Street in Hyannis. If the Board has exhausted their review the Board may close the hearing. After Board deliberation a motion may be made: To (approve, approve with conditions, or disapprove) Special Permit 2024-01 307 Main Street, Hyannis. Prior to second please read aloud applicable findings. If with conditions please reference the conditions prior to the second. Draft Findings 1. The property location is 307 Main Street, Hyannis, MA shown on Assessor’s Map 327 Parcel 103 in the Downtown Main Street Zoning District and Wellhead Protection Overlay District. 2. The Applicant WinnDevelopment Company, LP and Owner 307 Main Street Nominee Trust, Conrad Watson, seek a Special Permit pursuant to Section 240-1.5(C)(2)(b) Parking Standards and Section 240-57, Circumstances warranting reduction of requirements. 3. The Applicant WinnDevelopment Company, LP and Owner 307 Main Street Nominee Trust, Conrad Watson sought Formal Site Plan Review on November 16, 2023. The Building Commissioner, following Formal Site Plan Review, on November 21, 2023 deemed the proposed project approvable with conditions. The conditions are outlined in the letter dated November 21, 2023. 4. The Planning Board is in receipt of a letter dated January 12, 2024 from the Building Commissioner entitled Zoning Determination for 307 Main Street in response to the special permit application submitted to the Planning Board. The zoning determination was formed by the Building Commissioner in cooperation with the Town Attorney’s Office. The determination sought to review the parking proposed and its consistency with local zoning. The Building Commissioner concludes that, “ the use of compact spaces in the Downtown Hyannis Zoning District is permitted and is consistent with the zoning ordinance.” Planning & Development Staff Report Special Permit No. 2024-01 307 Main Street 3 If the Board finds to grant the Special Permit the Board may consider the following additional findings: 5. The Planning Board finds that the issuance of the Special Permit is consistent with the Design and Infrastructure Plan and that the development meets the following criteria: a. The development provides for the minimizing of curb cuts and driveways on Main Street and Old Colony Road through a shared use for parking purposes with a nearby property. b. Provide parking spaces in accordance with zoning. 6. The application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. Section 240-1.5C(2)(b) and Section 240-57, Circumstances warranting reduction of requirements allows the Planning Board to reduce on-site parking requirements by Special Permit. 7. 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; however, the Board grants the special permit without waiving the objection that it is required given the proposal’s compliance with the parking and other requirements of the zoning ordinance. If the Board finds not to grant the Special Permit due to compliance with zoning the Board may consider the following additional finding: 5. The application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. Section 240-1.5C(2)(b) and Section 240-57, Circumstances warranting reduction of requirements allows the Planning Board to reduce on-site parking requirements by Special Permit. However, the proposed project as presented in the special permit application meets the zoning ordinance as determined by the Building Commissioner, following Formal Site Plan Review, on November 21, 2023 which deemed the proposed project approvable with conditions. In addition, the Building Commissioner in cooperation with the Town Attorney’s Office further confirmed zoning compliance in a letter dated January 12, 2024 from the Building Commissioner entitled Zoning Determination for 307 Main Street in response to the special permit application submitted to the Planning Board. Therefore, the Planning Board finds that the proposed project as presented does not require relief for parking because it is in compliance with the parking requirements of the zoning ordinance. If the Board finds not to grant the Special Permit the Board may consider the following additional finding: 5. After an evaluation of all the evidence presented, the proposal does not fulfill the spirit and intent of the zoning ordinance and would represent a substantial detriment to the public good or the neighborhood affected. Planning & Development Staff Report Special Permit No. 2024-01 307 Main Street 4 Draft Conditions Should the Board find to grant the Special Permit for the requested relief, it may wish to consider the following conditions: 1. The relief granted shall allow for the reduction of parking requirements substantially in conformance with the record plans entitled “Harbor Vue Layout and Materials Plan” dated July 31, 2023, last revised November 1, 2023, by Beals and Thomas and said relief is granted without waiving the Board’s objection to the need for the application because such relief by special permit is not required. 2. This Special Permit shall apply to 307 Main Street, Hyannis, MA, Applicant, WinnDevelopment Company, LP and Owner 307 Main Street Nominee Trust, Conrad Watson, Map 327 and Parcel 103. 3. Informal and Formal Site Plan Review conditions of approval are hereby incorporated into this Decision. 4. The proposed development shall represent full build-out of the lot. Further expansion of the structure is prohibited without prior approval from the Board. 5. This Decision shall be recorded at the Barnstable County Registry of Deeds and copies submitted to the Planning Board and Building Division prior to the issuance of any building permit and commencement of use. 6. The rights of this Special Permit must be exercised within 2 years from the date it is filed with the Town Clerk’s Office.