SR-2022-013 Scarpellini Copeland Subaru Falmouth Rd & Walton Ave HY Use VarianceTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No.2022-013 –Scarpellini/Copeland Subaru
Section 240-35 F. (2) (a) Groundwater Protection Overlay District Regulations
and Section 240-11 A. Residence B District
To allow the combination of 4 lots to serve as the campus for Copeland Subaru
Date:March 29, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Petitioner:Bryan Scarpellini/Copeland Subaru of Hyannis
Petitioners Address:22 Ridgewood Avenue, Hyannis, MA
Property Location:95 and 123 Falmouth Road (Rte 28) and
172 and 190 Walton Avenue, Hyannis, MA
Assessor's Map/Parcel:311/073, 078, 084, and 083
Zoning:Residence B (RB)and Highway Business (HB)
Filed:March 9, 2022 Hearing:April 27, 2022 Decision Due:June 17 2022Copy of Public Notice
Bryan Scarpellini/Copeland Subaru has petitioned for a Use Variance from Section 240-35 F. (2)
(a) Groundwater Protection Overlay District and Section 240-11 A. Residence B (RB) Zoning
District. The Petitioner seeks to combine properties at 172 and 180 Walton Avenue as well as 95
and 123 Falmouth Road, Hyannis, to create one site for Copeland Subaru of Hyannis. The Use
Variance is requested to allow for vehicle display and sales at 172 and 180 Walton Avenue. The
subject properties are located at 172 and 180 Walton Avenue, Hyannis, MA, as shown on
Assessors Map 311, as Parcels 083, 084, 078, and 073. The properties are split zoned Highway
Business (HB) and Residence B (RB) and are both located within the Ground Water Protection
(GP) Overlay District.
Background
The subject properties are:
172 Walton Avenue and 180 Walton Avenue are both 0.42 acres and currently vacant. The
Highway Business Zoning District bisects both lots.
The lot addressed as 95 Falmouth Road is a 1.54 acre lot containing 8,905 square foot building for
auto sales and service constructed in 1960.The Highway Business District boundary bisects this
property.The lot addressed as 123 Falmouth Road is a 0.92 acre lot which contains 2,080 square
foot building used as a service shop and constructed in 1970.This lot is entirely located in the
Highway Business District.
Proposal &Relief Requested
Bryan Scarpellini/Copeland Subaru has petitioned for a Use Variance from Section 240-35 F. (2)
(a) Groundwater Protection Overlay District and Section 240-11 A. Residence B (RB) Zoning
District. The Petitioner seeks to combine properties at 172 and 180 Walton Avenue as well as 95
and 123 Falmouth Road, Hyannis, to create one site for Copeland Subaru of Hyannis. The Use
Variance is requested to allow for vehicle display and sales at 172 and 180 Walton Avenue. The
subject properties are located at 172 and 180 Walton Avenue, Hyannis, MA.
Town of Barnstable Planning and Development Department Staff Report
Appeal 2022-013 –Scarpellini Copeland Subaru
2
Variance Findings
The statutory requirement of MGL Chapter 40A, Section 10 for granting a variance is a three-
prong test. The Board is required to find that each of the following three requirements has been
met in order to consider granting the variance:
1.owing to circumstances related to soil conditions, shape, or topography of such land
or structures and especially affecting such land or structures but not affecting
generally the zoning district in which it is located;
2.a literal enforcement of the provisions of the zoning ordinance would involve
substantial hardship, financial or otherwise to the petitioner; and
3.desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or purpose of the zoning
ordinance.
An application for a variance that has met all three requirements “does not confer … any legal
right to a variance.” The Board still has the discretionary power to grant or not to grant the
variance.
Suggested Variance Conditions
Should the Board find to grant the Variance, it may wish to consider the following conditions:
1.Use Variance No.2022-013 is granted from Section 240-35 F. (2) (a) Groundwater Protection
Overlay District and Section 240-11 A. Residence B (RB) Zoning District for the use of vehicle
display and sales at 172 and 180 Walton Avenue. The Petitioner is combining properties at
172 and 180 Walton Avenue as well as 95 and 123 Falmouth Road, Hyannis, to create one
site for Copeland Subaru of Hyannis.
2.The site development shall be constructed in substantial conformance with the plan set entitled
“#95 /123 Falmouth Road #172/180 Walton Avenue Hyannis, MA”dated October 4, 2021,
revised November 23 2021 by Down Cape Engineering, Inc.
3.All Site Plan Review conditions of approval are hereby incorporated into this Decision.
4.The above-described redevelopment shall represent full build-out of the lot. No further
additions or accessory structures or expansion of impervious surface coverage shall be
permitted without approval from the Board.
5.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 prior to issuance of a building permit. The rights authorized by this Variance must be
exercised within one year, unless extended.
Copies:Applicants (c/o Attorney John Kenney
Attachments:Application
Plans