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Staff Report_63 Main Street Special PermitTown of Barnstable Planning & Development Department Staff Report Special Permit Application No. 2022-01 Seashore Homes, Inc. 63 Main Street, Hyannis, MA Date: June 24, 2022 To: Steven Costello, Chair, Planning Board From: Planning & Development Department Staff Applicant: Seashore Homes, Inc. Property Address: 63 Main Street, Hyannis, MA Assessor’s Map/Parcel: 342/017 Zoning District: MS – Medical Services WP – Wellhead Protection Overlay District Hyannis Village Zoning District Background The subject property is composed of a single structure that was formally used as dental offices. The existing structure is 3,419 square feet of floor area including a first floor, second floor, and basement area on 0.24 acres of land. The proposal is to renovate and expand the existing structure to 4,692 square feet of floor area to accommodate eight (8) - 1 bedroom apartments and a small office space on the first floor. Mixed- use development is allowed as of right within the Medical Services District. Applicant’s Relief Requested Due to the alteration and expansion of the site the Applicant has requested a Special Permit pursuant to:  Section 240-24.1.2, dimensional relief, requesting a 11.4 foot front yard setback to the proposed bulkhead, where 20 feet is required;  Relief from lot coverage as required by Section 240-35, requesting 58.2% impervious surface where no more than 50% is allowed;  Section 240-24.1.11(A)(4)(a)[4] in accordance with Section 240-56 for parking reduction, by providing 10 parking spaces where 14 are required; and  Section 240-24.1.11 for parking lot landscaping relief, requesting that relief is granted for the alteration of the structure and change of use which increases the parking lot requirements by five or more parking spaces not be required to bring the entire parking lot into compliance with the parking lot landscaping standards defined per 240-24.1.11(A)(4)(d). Other Approvals The Applicant filed an application for Site Plan Review and the proposal was considered and found to be approvable at the May 17, 2022 Informal Site Plan Review meeting. The Informal Site Plan Review approval letter dated May 25, 2022 has been included with the meeting materials. Due to the request for zoning relief, the proposal additionally attended Formal Site Plan Review on June 2, 2022 at which time the Building Commissioner found the proposal approvable to move forward in the permitting process. The Formal Site Plan Review approval letter is currently being coordinated but will be conditioned to ensure compliance with staff comments. The Applicant filed an application for a Certificate of Appropriateness from the Hyannis Main Street Waterfront Historic District Commission and received approval on April 6, 2022. Planning & Development Staff Report Special Permit No. 2022-01 – 63 Main Street 2 Staff Comments If the Board needs additional information for consideration the Board may make a motion to continue SP 2022-001 63 Main Street to July 11th at 7:00 PM. If the Board has exhausted their review the Board may close the hearing. Motion: To (approve, approve with conditions, or disapprove) Special Permit 2022-001 63 Main Street. Prior to second please list applicable findings. If with conditions please state the conditions prior to the second. Draft Findings 1. The property location is 63 Main Street, Hyannis, MA. 63 Main Street is shown on Assessor’s Map 342 as Parcel 017 in the Medical Services District and Wellhead Protection Overlay District. 2. Seashore Homes, Inc. seeks a Special Permit pursuant to Section 240-24.1.2 for dimensional relief for the proposed bulkhead to allow for a 11.4 foot front yard setback where 20 feet is required and for lot coverage relief by providing 58.2 percent impervious surface where no more than 50 percent is allowed in accordance with 240-35; Section 240-24.1.11(A)(4)(a)[4] in accordance with 240-56 for parking reduction providing 10 parking spaces where 14 are required and Section 240-24.1.11 for relief from parking lot landscape requirements due to an alteration of the structure or a change of a use that increases the parking requirements by (5) or more spaces according to the standards of 240-48 through 240-58 and the subsequent requirement to bring the entire parking lot into compliance with parking lot landscape requirements established per 240-24.1.11(A)(4)(d). 3. The applicant noted within the application that lot coverage is necessary in accordance with 240-35 Ground Water Protection Overlay Districts with reference to 240-24.1.2 General Provisions which states that relief can be sought by Special Permit for lot coverage. In accordance with MGL 40A Section 14 the Planning Board has the ability to modify any order or decision. Accordingly, additional relief should be sought from 240-93(B) for expansion of a pre-existing nonconforming building to be incorporated herein. 4. The applicant noted within the application relief for parking lot landscape requirements in accordance with 240-24.1.11(A)(4)(e) due to the increase in parking by (5) or more spaces according to the standards of 240-48 through 240-58, Schedule of Off-street Parking Requirements which requires the entire parking lot to be brought into compliance with parking lot landscaping requirements. However, the applicant is requesting a Special Permit for parking reduction. In accordance with 240-57 the Special Permit Granting Authority can reduce parking requirements by Special Permit provided defined circumstances apply. As such, should the Planning Board grant relief to the applicant for parking reduction, additional relief is not required for parking lot landscape requirements because the required parking will be reduced and subsequently will not amount to an increase in parking by (5) or more spaces. 5. The Planning Board finds that the issuance of the Special Permit is consistent with the Design and Infrastructure Plan and that the development meets one or more of the following criteria: a. The development provides for or supports mixed use development where appropriate as mixed use development is allowed as of right within the Medical Services zoning district; Planning & Development Staff Report Special Permit No. 2022-01 – 63 Main Street 3 b. The development contributes to the historic and maritime character of the Hyannis Village area as the Hyannis Main Street Waterfront Historic District has approved a Certificate of Appropriateness; c. The development provides for or contributes to alternative transportation or travel demand management as it provides for workforce housing in walking distance to the largest job provider on Cape Cod, the Hospital; d. The development provides workforce housing where appropriate and provides an appropriate mix of affordability levels by providing additional housing to be developed as 1 bedroom units; 6. The application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. Section 240-24.1.2 enables the Planning Board to provide dimensional and lot coverage relief by Special Permit; and Section 240-24.1.11(A)(4)(a)[4] allows the Planning Board to reduce on-site parking requirements by Special Permit. 7. 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. 8. A Site Plan has been reviewed and approved by the Site Plan Review Committee. The conditions of Informal and Formal Site Plan Review shall be incorporated by reference as conditions of this Special Permit. 9. Lesser off-street parking is shown to be adequate given special circumstances including: a. Supplementary parking provided off premises as on-street parking is available on Parkway Place. 10. The proposed repairs, alterations and/or expansion are not substantially more detrimental to the surround neighborhood. Draft Conditions Should the Board find to grant the Special Permit for the requested relief, it may wish to consider the following conditions: 1. The subject property shall be improved and the parking shall be located as shown on the record plans entitled “Seashore Homes, Inc. Site Layout and Materials Plan” last revised June 2, 2022, by Coastal Engineering Company; and elevations and floorplans as shown on sheets A1, A2, A8 and A9 dated May 8, 2022 prepared by Streibert Associates. 2. This Special Permit shall apply to 63 Main Street, Hyannis, MA, Seashore Homes, Inc., Map 342 and Parcel 017. 3. Informal and Formal Site Plan Review conditions of approval are hereby incorporated into this Decision. 4. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the structure is prohibited without prior approval from the Board. Planning & Development Staff Report Special Permit No. 2022-01 – 63 Main Street 4 5. The bike rack, trash enclosure, and screening fence shall be installed in substantial conformance with layout as illustrated on the Site Layout and Materials Plan last revised June 2, 2022, by Coastal Engineering Company and with details incorporated with the project submission prior to issuance of any Certificate of Occupancy. 6. The rental units on the property shall be registered with the Building and Health Divisions as required. 7. This Decision shall be recorded at the Barnstable County Registry of Deeds and copies submitted to the Planning Board and Building Division prior to the issuance of any building permit and commencement of use. 8. The rights of this Special Permit must be exercised within 2-years from the date it is filed with the Town Clerk’s Office.