SR-2022-017 Cape Pups Playcare 1336 Phinneys Lane HY Special Permit kennelTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No.2022-017 –Cape Pups Playcare, LLC, as Leasee
240-125 C. Special Permit Provisions
Section 403-3 B. Kennel License
To allow the operation of a dog care business with boarding
Date:April 19, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Applicant:Jamie Henriques d/b/a Cape Pups Playcare LLC, as Leasee
Property Location:1336 Phinney’s Lane, units 1-5, 1-6, 1-7, Hyannis, MA
Assessor's Map/Parcel:274/018
Zoning:Residence G (RG), Residence F-1 (RF-1)and Medical Services (MS)
Filed:March 29, 2022 Hearing:April 27, 2022 Decision Due:July 7, 2022Copy of Public Notice
Cape Pups Playcare LLC, as Leasee, has applied for a Special Permit pursuant to Section 240-
125 C. Special Permit Provisions and Section 403-3 B. Obtaining a Kennel License. The Applicant
is proposing to operate a dog care business as well as a boarding facility. The Boarding facility
requires a kennel license which requires a Special Permit. The subject property is located at 1336
Phinney’s Lane, Units 1-5, 1-6, 1-7, Hyannis, MA as shown on Assessor’s Map 274 as Parcel 018.
It is located in the Residence G (RG), Residence F (RF)*Districts and the Medical Services
Overlay District (MSOD).
*RF-1
Background
The subject property is a 4.33 acre lot with frontage on both Attucks Lane and Phinney’s Lane in
Hyannis. The property is located in a commercial area between a medical office and Hyannis
Honda body shop. The site consists of four buildings constructed between 1960 and 1987. There
have been many commercial uses at this site including a dog care business.
Proposal &Relief Requested
Cape Pups Playcare LLC, as Leasee, has applied for a Special Permit pursuant to Section 240-
125 C. Special Permit Provisions and Section 403-3 B. Obtaining a Kennel License. The Applicant
is proposing to operate a dog care business as well as a boarding facility. The Boarding facility
requires a kennel license which requires a Special Permit. The subject property is located at 1336
Phinney’s Lane, Units 1-5, 1-6, 1-7, Hyannis, MA.
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.
1.The application falls within a category specifically excepted in the ordinance for a
grant of a Special Permit.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2022-017 –Cape Pups Playcare LLC, as Leasee
2
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 with conditions.(see letter
dated March 11, 2022).
Further, Section 240-125 (C) requires the Board to find that:
4.Such uses do not substantially adversely affect the public health, safety, welfare,
comfort or convenience of the community.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2022-017, a Special Permit to allow dog care
business at 1336 Phinney’s Lane Units 1-5, 1-6, 1-7, Hyannis, MA,it may wish to consider the
following conditions:
1.Special Permit No. 2022-017 is granted to Jamie Henriques d/b/a Cape Pups Playcare
LLC, as Leasee,to allow the operation of a dog care business with boarding at 1336
Phinney’s Lane, Hyannis, MA.
2.The site development shall be constructed in substantial conformance with the plan
entitled “Site Plan prepared for Harborside Realty Trust in Barnstable” prepared by Holmes
and McGrath, Inc dated July 15, 2005.
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 additional uses 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
Special Permit must be exercised within two years, unless extended.
Copies:Applicant (Attorney John Kenney)
Attachments:Application
Decision 1985-076
Site Plan Review letter dated March 11, 2022