HomeMy WebLinkAboutSR-2024-008 19 Bearse Rd LLC and 29 Bearse Rd LLC19 and 29 Bearse Rd, HY Mod Var
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2024-008 – 19 Bearse Rd LLC and 29 Bearse Rd LLC
Section 240-125 and MGL Chapter 40A Section 14
Modification of Variance No. 2023-003
To modify Variance No. 2023-003, to allow for increased separation between structures
Date: March 14, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioners: 19 Bearse Rd LLC and 29 Bearse Road LLC
Petitioners Address: 19 and 29 Bearse Road, Hyannis, MA
Assessor's Map/Parcel: 310/288 and 311/039
Zoning: Residence B (RB)
Filed: February 16, 2024 Hearing: March 27, 2024 Decision Due: May 26, 2024
Copy of Public Notice
19 Bearse Rd LLC and 29 Bearse Rd LLC have petitioned for a Variance pursuant to Section 240-
125 Zoning Board of Appeals and M.G.L. Chapter 40A Section 14. The Petitioner seeks a
modification of Use Variance 2023-003 to change the distance between the proposed buildings to
7.5 ft. No additional zoning relief is required. The subject properties are located at 19 and 29
Bearse Road, Hyannis, MA as shown on Assessor’s Maps 310 and 311 as Parcels 288 and 039,
respectively. They are located in the Residence B (RB) Zoning District.
Background
The subject property addressed as 19 Bearse Road consists of .38 acres and has frontage on
Bearse Road, Hyannis. This property contains a 3-bedroom single family dwelling with 1,267
square feet of living area (2,624 of gross floor area) constructed in 1957.
The subject property addressed as 29 Bearse Road consists of .62 acres with frontage on Bearse
Road, Hyannis. This property contains a 3-bedroom single family dwelling with 1,460 square feet
of living area (1,969 of gross floor area) constructed in 1950.
The area consists of both residential and commercial uses with the Airport Rotary nearby.
Prior Zoning Board of Appeals action:
Variance No. 2023-033 allowed the demolition and constructions of two existing residential
dwellings, combine the two parcels, and construct 4 two-family dwelling at 19 and 29 Bearse Road,
Hyannis, MA.
Proposal & Relief Requested
19 Bearse Rd LLC and 29 Bearse Rd LLC have petitioned for a Variance pursuant to Section 240-
125 Zoning Board of Appeals and M.G.L. Chapter 40A Section 14. The Petitioner seeks a
modification of Use Variance 2023-003 to change the distance between the proposed buildings to
7.5 ft. No additional zoning relief is required. The subject properties are located at 19 and 29
Bearse Road, Hyannis, MA.
Variance Findings
The Board may wish to consider the following draft Finding:
Town of Barnstable Planning and Development Department Staff Report
Appeal 2024-008 – 19 Bearse Road LLC and 29 Bearse Road LLC
2
1. Variance No. 2024-008 is seeking to modify Variance No. 2023-033 to allow and increased
distance between the proposed buildings to 7.5 ft. No additional zoning relief is required.
The subject properties are located at 19 and 29 Bearse Road, Hyannis, MA. All other
conditions are in effect.
Suggested Variance Conditions
Should the Board find to grant the Variance, it may wish to consider the following conditions:
1. 19 Bearse Rd LLC and 29 Bearse Rd LLC have been granted a Variance pursuant to
Section 240-125 Zoning Board of Appeals and M.G.L. Chapter 40A Section 14 to seek a
modification of Use Variance 2023-003 to change the distance between the proposed
buildings to 7.5 ft. No additional zoning relief is required. The subject properties are located
at 19 and 29 Bearse Road, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Proposed Site Plans for 19 and 29 Bearse Road, Hyannis, Massachusetts 02601” by
Atlantic Design Engineers dated April 14, 2023, with a last revision date of November 20,
2023 sheet 1-6, with the deletion of the note stating the need for height relief.
3. The eight dwelling units shall be restricted to use for workforce rental housing for
employees (and their families) of the Property owner's businesses located in Barnstable. If
the Property is proposed to be conveyed or transferred so that the Property is no longer
owned or controlled by the current owner of the adjoining Audi dealership properties, then
prior to any such transfer or conveyance, the Property owner shall be required to seek a
modification of the Variance.
4. The proposed development shall represent full build-out of the lot. Further expansion of the
dwelling or construction of additional accessory structures is prohibited without prior
approval from the Board.
5. All mechanical equipment associated with the dwelling (air conditioners, electric generators,
etc.) shall be screened from neighboring homes and the public right-of-way.
6. 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: Applicants (c/o Attorney Ford)
Attachments: Application