SR-2022-033 Couto's 751 West Main St HY Setback VarianceTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No.2022-033 –Couto’s Realty Investment Co., II LLC
Section 240-25 D. Bulk Regulations in the HB District
To install a Drive-thru canopy which will be 7.2 feet from the lot line where 10 feet is required
Date:June 23, 2022 *Revised July 19, 2022*
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Petitioner:Couto’s Realty Investment Co., II LLC
169 Main St., Stoneham, MA 02108
Property Location:751 West Main St, Hyannis,MA
Assessor's Map/Parcel:249/163
Zoning:Highway Business (HB)Zoning District
Filed:June 15, 2022 Hearing:July 13, 2022 Decision Due:September 23, 2022Copy of Public Notice
Couto’s Realty Investment Co., II LLC has petitioned for a Variance from 240-25 D. Bulk
Regulations in the HB District. The Petitioner is seeking a variance from the side yard setback for
a proposed drive-thru canopy. The proposed setback is 7.2 feet where 10 feet is required. The
subject property is located at 751 West Main Street, Hyannis, MA as shown on Assessor’s Map
249 as Parcel 163. It is located in the Highway Business (HB) Zoning District.
Background
The subject property is a 0.29 acre lot with frontage on West Main St in Hyannis.The property is
improved with a 4,946 square foot Dunkin Donuts constructed in 1974.The uses in the area are
both multi-unit residential and commercial with the Barnstable High School directly across the
street.
Staff Comments
Staff encourages the Board to request a Peer Review for the Traffic Study to better understand
the impacts during peak hour traffic as well as during school peak hours due to the proximity to the
high school. In addition the peer review may provide recommendations regarding proper turning
movements and ingress/egress for safety considerations.
Staff encourages the Board to request a copy of the draft easement for the drive-thru with the
abutter as well as owner consent.
Staff encourages the Board to discuss hours of operation for the drive-thru as there are residential
units close by.
Proposal &Relief Requested
Couto’s Realty Investment Co., II LLC (Dunkin Donuts)has petitioned for a Variance from 240-25
D. Bulk Regulations in the HB District. The Petitioner is seeking a variance from the side yard
setback for a proposed drive-thru canopy. The proposed setback is 7.2 feet where 10 feet is
required. The subject property is located at 751 West Main Street, Hyannis, MA. This Petition is
being heard Special Permit No. 2022-034.
Variance Findings
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2022-033 –Couto’s
2
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.Variance No.2022-032 from 240-25 D. Bulk Regulations in the HB District is granted to
Couto’s Realty Investment Co, II LLC to allow the proposed drive-thru canopy to be setback
7.2 feet where 10 feet is required at 751 West Main Street, Hyannis, MA.
2.The site development shall be constructed in substantial conformance with the plan entitled
“Plan of Proposed Site Modifications” by Holmes and McGrath dated July 10, 2020 with a last
revision date of June 13, 2022.
3.All Site Plan Review conditions of approval are hereby incorporated into this Decision.
4.All improvements with in the public right of way shall seek and receive a license from the Town
prior to building permit.
5.The above-described development shall represent full build-out of the lot. No further additions
or accessory structures shall be permitted without approval from the Board.
6.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 (Attorney John Kenney)
Attachments:Application
Plans
Site Plan Review letter dated April 28. 2022