HomeMy WebLinkAboutSR-2024-023 297 Winter St LLC 297 Winter St HY Mod of SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2024-023 – 297 Winter St, LLC
Modification of Special Permit No. 1968-135
To modify Special Permit No. 1968-135 to allow the alteration from a dentist office to a 3-
bedroom apartment
Date: June 11, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: 297 Winter Street, LLC
Property Address: 297 Winter St, Hyannis, MA
Assessor's Map/Parcel: 310/208
Zoning: Residence B (RB) Zoning District
Filed: May 16, 2024 Hearing: June 26, 2024 Decision Due: August 24, 2024
Copy of Public Notice
297 Winter Street, LLC has applied to modify Special Permit No. 1968-135 to allow the proposed
alteration of a dentist’s office into a 1,035 square foot 3-bedroom apartment. The subject property is
located at 297 Winter Street, Hyannis, MA as shown on Assessor’s Map 310 as Parcel 208. It is
located in the Residence B (RB) Zoning District.
Background
The subject property consists of 0.23 acres and is located on the corner of Spruce Street and Winter
Street in Hyannis. The area is single family residential with a mixture of lot sizes and dwelling sizes.
According to the Assessors records, the lot is currently developed with one commercial building of
1,499 square feet of living area (2,158 gross) constructed in 1930.
The property has the benefit of two Variances and one Special Permit:
• Variance No. 1966-045 was granted to allow for a professional office.
• Variance No. 1972-096 was granted to allow additional office space.
• Special Permit No. 1968-135 was granted to allow for the remodel of existing office space
and apartment.
Proposal & Relief Requested
297 Winter Street, LLC has applied to modify Special Permit No. 1968-135 to allow the proposed
alteration of a dentist’s office into a 1,035 square foot 3-bedroom apartment. The subject property is
located at 297 Winter Street, Hyannis, MA as shown on Assessor’s Map 310 as Parcel 208. It is
located in the Residence B (RB) Zoning District.
This Special Permit Modification request is being heard in conjunction with No. 2024-024 to amend
the existing Variances.
Procedure - NEW
A complete application has been received and as such the Board shall open the hearing by vote of
the Board. The Board shall then assign members and hear the matter before them. If the Board
needs additional information the Board may continue this matter to a date certain. Once the Board
has exhausted their review the Board shall motion to close the public hearing. At this time no new
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2024-023 – 297 Winter Street LLC
2
information or public comment is to be accepted by the Board. The Board shall now deliberate
render a decision. When rendering a decision, a motion shall be made to (approve, approve with
conditions, or deny) with the following findings and conditions. The Board shall state findings and
may state or reference proposed conditions. Once findings and conditions are completed, a second
is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote.
Lastly a vote is then called for.
Proposed 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.
Suggested findings are as follows:
1. The application falls within a category specifically excepted in the ordinance for a
grant of a special permit:
Section 240-125 allows for a modification of 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. The single-family nature of the property and of the accessory nature of the
detached structure are preserved.
Suggested Conditions
Should the Board find to grant the Special Permit No. 2024-023, a modification of 1968-135, it may
wish to consider the following conditions:
1. Special Permit No. 2024-023 is granted to 297 Winter Street, LLC to modify Special Permit No.
1968-135 to allow the proposed alteration of a dentist’s office into a 1,035 square foot 3-
bedroom apartment at 297 Winter Street, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled “Site
Plan for 297 Winter Street LLC” by Warwick & Associates Inc dated March 20, 2024.
3. 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.
4. All mechanical equipment associated with the dwelling (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 John Kenney)
Attachments: Application
Plans