HomeMy WebLinkAboutSR-2024-024 297 Winter St LLC 297 Winter St HY Mod Var
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2023-024 – 297 Winter Street LLC
Modification of Variance No. 1966-045 and 1972-096
To modify Variance No. 1966-135 and Variance No. 1972-096 to allow the alteration of the
dentist office to a 3-bedroom apartment
Date: June 11, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: 297 Winter Street LLC
Address: 297 Winter Street, 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 petitioned to amend Variance Nos. 1966-045 and 1972-096 pursuant
to Section 240-11(A) Principal Uses in the RB District. The Petitioners seek to amend the
Variances to permit 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 petitioned to amend Variance Nos. 1966-045 and 1972-096 pursuant
to Section 240-11(A) Principal Uses in the RB District. The Petitioners seek to amend the
Variances to permit 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.
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
Town of Barnstable Planning and Development Department Staff Report
Appeal 2024-024 – 297 Winter Street LLC
2
has exhausted their review the Board shall motion to close the public hearing. At this time no new
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.
Variance Findings
The Board may wish to consider the following draft Finding:
1. Variance No. 2024-024 is seeking to modify Variance No. 1966-045 and No. 1972-096 to
allow the proposed alteration of the existing dentist office into a 3-bedroom apartment at
297 Winter Street, 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. Variance No. 2024-024, a modification of Variance No. 1966-045 and 1972-096, is granted
to 297 Winter Street LLC to allow the proposed alteration of the dentist office to a 3-
bedroom apartment at 297 Winter Street, Hyannis.
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. 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. The rights authorized by this Variance must be exercised within one
year, unless extended.
Copies: Applicants (c/o Attorney John Kenney)
Attachments: Application
Plan