SR-2022-034 Couto's 751 West Main St HY Special PermitTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No.2022-034 –Couto’s Realty Investment Co., II LLC
240-25 C.–HB Business District,Conditional Use
Section 240-93 B. Alterations and expansions of a nonconforming structure not used as
single or two family residences
To allow a drive-through at the existing Dunkin Donuts
Date:June 23, 2022 **Revised July 20, 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 27, 2022 Decision Due: September 23, 2022Copy of Public Notice
Couto’s Realty Investment Co., II LLC has applied for a Special Permit pursuant to Section 240-25
C. Conditional Uses in the HB District and Section 240-93 B. Alterations and expansions of a
nonconforming structure not used as single or two family residences by Special Permit. The
Applicant is seeking to add a drive-thru to the existing Dunkin Donuts. 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 area is both multi-unit
residential and commercial with the Barnstable High School directly across the street.
Proposal &Relief Requested
Couto’s Realty Investment Co., II LLC has applied for a Special Permit pursuant to Section 240-25
C. Conditional Uses in the HB District. The Applicant is seeking to add a drive-thru to the existing
Dunkin Donuts. The subject property is located at 751 West Main Street, Hyannis, MA.
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.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2022-034 –Couto’s Realty Investment Co., II LLC
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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.
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 April 28, 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.
5.The Building and site design are consistent with Section 240-25.E, District-wide
design and performance standards applicable within the Highway Business District.
Further, Section 240-93 B. requires the Board to find that:
6.The proposed repairs, alterations and/or expansion are not substantially more
detrimental to the surrounding neighborhood.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2022-034, a Special Permit to allow a drive-
through with the existing Dunkin Donuts at 751 West Main St,Hyannis,it may wish to consider the
following conditions:
1.Special Permit No. 2022-034 is granted to Couto’s Realty Investment Co., II LLC pursuant
to Section 240-25 C. Conditional Uses in the HB District and Section 240-93 B.alteration
and expansion of a nonconforming structure not used as single or two family residences to
allow a drive-thru to be added to the existing Dunkin Donuts 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 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.
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
Special Permit must be exercised within two years, unless extended.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2022-034 –Couto’s Realty Investment Co., II LLC
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Copies:Applicant (c/o Attorney John Kenney)
Attachments:Application
Plans
Site Plan Review letter dated April 28, 2022