HomeMy WebLinkAboutSR-2024-003 Potter Avenue Realty LLC 11 Potter Ave HY NC SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2024-003 – Potter Avenue Realty LLC
240-94 A. Change from one nonconforming use to another
To change the use from office to residential
Date: January 29, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Potter Avenue Realty LLC
Property Location: 11 Potter Avenue, Hyannis, MA
Assessor's Map/Parcel: 308/150
Zoning: Residence B (RB) Zoning District
Filed: January 11, 2024 Hearing: February 7, 2024 Decision Due: April 21, 2024
Copy of Public Notice
Potter Avenue Realty, LLC has applied for a Special Permit in accordance with Section 240-94A
Change of a Nonconforming Use to Another Nonconforming Use. The Applicant seeks to convert
the existing office space that has been used as a medical/therapy business into five residential
apartments: one 2-bedroom apartment and four 1-bedroom apartments. The building also contains
two rental storage units and those will remain. The subject property is located at 11 Potter Avenue,
Hyannis, MA as shown on Assessor’s Map 308 as Parcel 150. The property is located in the
Residence B (RB) Zoning District.
Background
The subject property consists of 0.18 acres with frontage on Potter Ave and Dumont Drive in
Hyannis, MA. According to the Assessors records, the site consists of a commercial building of
5,382, 1.5 stories, 2 commercial bays in the lower level, constructed in 2000. The area consists of
a variety of lot sizes and both residential and commercial uses close to downtown Hyannis.
Proposal & Relief Requested
Potter Avenue Realty, LLC has applied for a Special Permit in accordance with Section 240-94A
Change of a Nonconforming Use to Another Nonconforming Use. The Applicant seeks to convert
the existing office space that has been used as a medical/therapy business into five residential
apartments: one 2-bedroom apartment and four 1-bedroom apartments. The building also contains
two rental storage units and those will remain. The subject property is located at 11 Potter Avenue,
Hyannis, MA.
Staff Comments
In 2007, Attorney Patrick Butler, Nutter, McClennen & Fish, received confirmation from then
Building Commissioner Tom Perry that the lot had been located in a Business District and when
the zoning changed, the use became preexisting nonconforming (see letter dated May 11, 2007).
Special Permit Findings
For all Special Permits, the Board is required to make general findings pursuant to § 240-125(C).
The Board should review the evidence presented by the Applicant, staff, and members of the
public and, after weighing such evidence, is encouraged to articulate if and how the evidence
contributes to each of the required findings.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2024-003 – Potter Avenue Realty LLC
2
1. The application falls within a category specifically excepted in the ordinance for a grant of a
special permit. Section 240-94 B. allows for 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 in accordance with Article IX herein
subject only to the issuance of a special permit. (See letter dated January 8, 2024).
Further Section 240-94 B. requires the Board to find that:
4. Any proposed expansion of the use shall conform to the established setbacks for the zoning
district in which it is located, or such greater setbacks as the Zoning Board of Appeals may
require due to the nature of the use and its impact on the neighborhood and surrounding
properties.
5. The proposed use and expansion is on the same lot as occupied by the
nonconforming use on the date it became nonconforming.
6. The proposed new use is not expanded beyond the zoning district in existence on
the date it became nonconforming.
7. At the discretion of the Zoning Board of Appeals, improvements may be required in
order to reduce the impact on the neighborhood and surrounding properties
including but not limited to the following:
(a) Greater conformance of signage to the requirements of Article VII;
(b) The addition of off-street parking and loading facilities;
(c) Improved pedestrian safety, traffic circulation and reduction in the number and/or width
of curb cuts;
(d) Increase of open space or vegetated buffers and screening along adjoining lots and
roadways. The applicant shall demonstrate maximum possible compliance with § 240-53,
Landscape Requirements for Parking Lots, Subsection F, if applicable.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2024-003, a request to change the use from
office use to residential use at 11 Potter Avenue, Hyannis, MA, it may wish to consider the
following conditions:
1. Special Permit No. 2024-003 is granted to Potter Avenue Realty, LLC, in accordance with
Section 240-94A Change of a Nonconforming Use to Another Nonconforming Use, to convert
the existing office space that has been used as a medical/therapy business into five residential
apartments: one 2-bedroom apartment and four 1-bedroom apartments at 11 Potter Avenue,
Hyannis, MA. The building also contains two rental storage units and those will remain.
2. The site development shall be constructed in substantial conformance with the plan entitled “11
Potter Ave Hyannis MA 02601” by Baxter Nye Engineering & Surveying, dated December 12,
2023 with a last revision date of January 4, 2024.
3. The proposed alteration of use shall represent full build-out of the lot. No further changes shall
be permitted without approval from the Board.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2024-003 – Potter Avenue Realty LLC
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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 Permit
must be exercised within two years, unless extended.
Copies: Applicant (c/o Attorney David Lawler)
Attachments: Application
Plans