HomeMy WebLinkAboutSR-2024-007 Lion LLC 15 Hinckley Rd HY SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2024-007 – Lion LLC
240-57 Circumstances warranting reduction of requirements
To allow a reduced number of required parking spaces for the expanded use OR find the
proposed additional parking spaces comply with Section 240-51 A.
Date: March 14, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Lion LLC
Property Location: 15 Hinckley Rd, Hyannis, MA
Assessor's Map/Parcel: 311/020
Zoning: Business (B) Zoning District
Filed: February 14, 2024 Hearing: March 27, 2024 Decision Due: May 24, 2024
Copy of Public Notice
Lion LLC has applied for a Special Permit pursuant to Section 240-57 Circumstances Warranting
Reduction of Requirements, to the extent necessary. The Applicant proposes to add 18 additional
seats to their existing restaurant and has been advised at Site Plan Review by the Building
Commissioner that the proposed new off-street parking area, consisting of 12 spaces being leased
from the Airport, requires a Special Permit. The Applicant suggests that the Board could
alternatively find that the proposed additional off-street parking is a permitted use under Section
240-51 A and zoning relief would not be required. The subject property is located at 15 Hinckley
Road, Hyannis, MA as shown on Assessor’s Map 311 as Parcel 020. It is located in the Business
(B) Zoning District.
Background
The subject property consists of 0.88 acres with frontage on Hinckley Road and Barnstable Road,
Hyannis. According to the Assessors records, the site consists of a commercial building of 21,240
square feet, 1 story, with a restaurant and storage, constructed in 1985. The area consists of a
variety of lot sizes with commercial uses, close to the Airport and the Airport Rotary.
Proposal & Relief Requested
Lion LLC has applied for a Special Permit pursuant to Section 240-57 Circumstances Warranting
Reduction of Requirements, to the extent necessary. The Applicant proposes to add 18 additional
seats to their existing restaurant and has been advised at Site Plan Review by the Building
Commissioner that the proposed new off-street parking area, consisting of 12 spaces being leased
from the Airport, requires a Special Permit. The Applicant suggests that the Board could
alternatively find that the proposed additional off-street parking is a permitted use under Section
240-51 A and zoning relief would not be required. The subject property is located at 15 Hinckley
Road, Hyannis, MA.
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
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2024-007 – Lion LLC
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public and, after weighing such evidence, is encouraged to articulate if and how the evidence
contributes to each of the required findings.
1. The application falls within a category specifically excepted in the ordinance for a grant of a
special permit. Section 240-57 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 February 16 2024).
§ 240-57Circumstances warranting reduction of requirements.
The Zoning Board of Appeals may reduce the requirements of this article by the granting of a
special permit only if lesser off-street parking is shown to be adequate given such special
circumstances as:
A. Use of a common parking area by different uses having different peak hours of demand.
B. Age or other characteristics of occupants which reduce auto usage.
C. Characteristics of use invalidating normal methods of calculating parking demand.
D. Supplementary parking provided off premises.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2024-007, a request to add 18 additional seats
to their existing restaurant and has been advised at Site Plan Review by the Building
Commissioner that the proposed new off-street parking area, consisting of 12 spaces being leased
from the Airport, requires a Special Permit. The Applicant suggests that the Board could
alternatively find that the proposed additional off-street parking is a permitted use under Section
240-51 A and zoning relief would not be required. The subject property is located at 15 Hinckley
Road, Hyannis, MA , it may wish to consider the following conditions:
1. Special Permit No. 2024-007 is granted to Lion LLC, pursuant to Section 240-57
Circumstances Warranting Reduction of Requirements, to the extent necessary. The
Applicant proposes to add 18 additional seats to their existing restaurant and has been
advised at Site Plan Review by the Building Commissioner that the proposed new off-street
parking area, consisting of 12 spaces being leased from the Airport, requires a Special
Permit. The Applicant suggests that the Board could alternatively find that the proposed
additional off-street parking is a permitted use under Section 240-51 A and zoning relief
would not be required. The subject property is located at 15 Hinckley Road, Hyannis, MA .
2. The site development shall be constructed in substantial conformance with the plan entitled
“Pain D’Avignon Restaurant Seating” by BSC Group, dated December 4, 2023.
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.
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 Ford)
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2024-007 – Lion LLC
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Attachments: Application
Plans