SR-2022-038 MacGregor206 Breeds Hill Rd BARN mod Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2022-038 – MacGregor, Warehouse Corp.
Modification of Use Variance No. 2019-021 which granted relief from Section 240-32
To convert approx. 576 square feet of interior office use to additional dwelling unit
Date: July 29, 2022
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: Molly MacGregor, Trustee of Warehouse Corporation Hyannis
Realty Trust
Property Location: 206 Breeds Hill Road, Barnstable, MA
Assessor's Map/Parcel: 314/025
Zoning: Industrial Limited (IND LTD) Zoning District
Filed: July 8, 2022 Hearing: August 10, 2022 Decision Due: October 16, 2022
Copy of Public Notice
Molly MacGregor, Trustee of Warehouse Corporation Hyannis Realty Trust has petitioned to
amend Use Variance No. 2019-021 which granted relief from 240-32. A. Industrial Limited Zoning
District to allow a multi-family residential apartment building. The Petitioner seeks to amend Use
Variance No. 2019-021 to convert interior office use into an additional dwelling unit. The subject
property is located at 206 Breeds Hill Road, Barnstable, MA as shown on Assessor’s Map 314 as
Parcel 025. It is located in the Industrial Limited (IND LTD) Zoning District.
Background
The subject property is a 2.26 acre lot with frontage on both Independence Drive and Breeds Hill
Road located in Independence Park, Barnstable. The lot contains a30 unit, 39,000 square foot
apartment building constructed in 2019.
Previously granted Variance No. 2019-021 allowed for the construction of the multi-unit apartment
building and has to be modified to allow the previous office use unit to be converted to residential
use. Variance No. 2019-022 granted relief from height and landscape screen requirements.
Proposal & Relief Requested
Molly MacGregor, Trustee of Warehouse Corporation Hyannis Realty Trust has petitioned to
amend Use Variance No. 2019-021 which granted relief from 240-32. A. Industrial Limited Zoning
District to allow a multi-family residential apartment building. The Petitioner seeks to amend Use
Variance No. 2019-021 to convert interior office use into an additional dwelling unit. The subject
property is located at 206 Breeds Hill Road, Barnstable, MA
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
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2022-038 – MacGregor, Warehouse Corp.
2
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. 2022-038, is granted to Molly MacGregor, Trustee of Warehouse Corporation
Hyannis Realty Trust, to amend Use Variance No. 2019-021 which granted relief from 240-32.
A. Industrial Limited Zoning District to allow a multi-family residential apartment building to
convert approximately 576 square feet of interior office use into an additional dwelling unit at
206 Breeds Hill Road, Barnstable, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Layout & Dimensions Plan” C3-0 prepared by Baxter Nye Engineering & Surveying dated
August 28, 2019 with the last revision date June 30, 2022.
3. 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 Liza Cox)
Attachments: Application
Plans
D-2019-021 and 2019-022