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HomeMy WebLinkAboutSR-2024-038 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. 2024-038 – Cape Club Canine, Inc. Section 240-33 C. (1) Industrial District, Conditional Uses 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 seeks a Conditional Use Special Permit to allow kenneling of dogs during the day and overnight 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. Section 240-27 C. by reference C. Conditional uses. The following uses are permitted as conditional uses in the S&D District provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section: (1) Full-service restaurants and delicatessens. (2) Kennels as defined in MGL Ch. 140, § 136A, or other similar facilities for the breeding, boarding, sale or training and related treatment of common domestic pets subject to the following: (a)The Board may impose reasonable conditions, including without limitation, measures for security and the reduction or containment of noise so as to render such uses as inoffensive as practicable. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-038 Cape Club Canine, Inc. 2 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 seeks a Conditional Use Special Permit to allow kenneling of dogs during the day and overnight 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. 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. 2024-038, it may wish to consider the following conditions: 1. Special Permit No. 2024-038 is granted to Cape Club Canine, Inc., as tenant, pursuant to Section 240-33 C (1) – Conditional Uses in the IND Industrial District to allow kenneling of dogs during the day and overnight pursuant to Section 240-33 C. (1), and by reference, Section 240-27 C. (2), and by further reference, Section 240-125 C. 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 Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-038 Cape Club Canine, Inc. 3 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. Copies: Applicant (c/o Attorney Dan Creedon) Attachments: Application Site Plan