HomeMy WebLinkAboutSR-2024-037 Cape Club Canine INC 30 Perserverance Way Unit 7 Hyannis C U SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2024-037 – Cape Club Canine, Inc.
Section 240-33 C. (1) Industrial District, Conditional Uses
Modification of Special Permit 2008-062
To allow the modification of Conditional Use Special Permit No. 2008-062 to allow kenneling of
dogs day and night
Date: October 17, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Cape Club Canine, Inc., as tenant
Owner: JM Burke Properties, LLC
Property Address: 30 Perseverance Way, Unit 7, Hyannis, MA
Assessor's Map/Parcel: 295/007-00G
Zoning: Industrial (IND)District
Filed: October 4, 2024 Hearing: November 13, 2024 Decision Due: January 12, 2025
Copy of Public Notice
Cape Club Canine, Inc., as tenant, has filed for a Special Permit pursuant to Section 240 -33 C (1) –
Conditional Uses in the IND Industrial District. The Applicant requests to modify Conditional Use
Special Permit No. 2008-062 to allow kenneling of dogs during the day and overnight. Specifically,
the Applicant requests to delete Condition No. 4 of Special Permit No. 2008-062 pursuant to Section
240-33 C (1) and, by reference, Section 240-27 C (2), and, by further reference, Section 240-125 C.
The subject property is located at 30 Perseverance Way, Unit 7, Hyannis, MA as shown on
Assessor’s Map 295 as Parcel 007-00G. It is located in the Industrial (IND) Zoning District.
Background
The subject property is a 2.07-acre lot situated at the intersection of Barnstable-Hyannis Road and
Perseverance Way. The lot is developed with an 18,000 sq.ft. building that was constructed in
1981. In 1986, the property was converted to a 7 unit commercial condominium known as “The
Liberty Building Condominium” as provided for in MGL Chapter 183A.
The unit to be occupied is Unit No.7 that is situated on the northern end of the structure. The unit
totals 2,950 square feet, and 3,000 square feet of fenced exterior area.
Special Permit No. 2008-062 allowed for the kenneling of dogs as a doggy day-care, dog grooming
and retail sales of dog related items, but not kenneling overnight.
Condition No. 4 states:
The hours of operation shall not be earlier than 6:00 AM and not later than 8:00 PM. No
animals shall be kept overnight at this site. The applicant shall also be responsible for
establishing and maintaining some agreement with an overnight kennel in the event that an
animal may not be picked up due to unforeseen circumstances of the owner.
Proposal & Relief Requested
Cape Club Canine, Inc., as tenant, has filed for a Special Permit pursuant to Section 240 -33 C (1) –
Conditional Uses in the IND Industrial District. The Applicant requests to modify Conditional Use
Special Permit No. 2008-062 to allow kenneling of dogs during the day and overnight. Specifically,
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2024-037 Cape Club Canine, Inc.
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the Applicant requests to delete Condition No. 4 of Special Permit No. 2008-062 pursuant to Section
240-33 C (1) and, by reference, Section 240-27 C (2), and, by further reference, Section 240-125 C.
The subject property is located at 30 Perseverance Way, Unit 7, Hyannis, MA.
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
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 240-33 C. allows for a Conditional Use 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.
Suggested Conditions
Should the Board find to grant Special Permit No. 2024-037, it may wish to consider the following
conditions:
1. Special Permit No. 2024-037 is granted to Cape Club Canine, Inc., as tenant, pursuant to
Section 240-33 C (1) – Conditional Uses in the IND Industrial District to modify Conditional Use
Special Permit No. 2008-062 to allow kenneling of dogs during the day and overnight.
Specifically, the Applicant requests to delete Condition No. 4 of Special Permit No. 2008-062
pursuant to Section 240-33 C (1) and, by reference, Section 240-27 C (2), and, by further
reference, Section 240-125 C. The subject property is located at 30 Perseverance Way, Unit 7,
Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
““Plot Plan of Land Located at 30 Perseverance Way, Hyannis, MA prepared for Jim Burke
Properties, LLC” by Yankee Land Survey Co., Inc., dated July 17, 2008.
3. The decision shall be recorded at the Barnstable County Registry of Deeds/Land Court and
copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and
the Building Division prior to issuance of the building permit. The rights authorized by this
special permit must be exercised within two years, unless extended.
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2024-037 Cape Club Canine, Inc.
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Copies: Applicant (c/o Attorney Dan Creedon)
Attachments: Application
Site Plan