SR-2022-041 Mayflower Cape Cod 155 Enterprise Rd HY Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2022-041 – Mayflower Cape Cod/Chick-Fil-A
Section 240-39 G. 1(e) Bulk and Dimensional Regulations
To install face-to-face canopy at the drive-thru at Chick-Fil-A which encroaches into
front yard setback
Date: August 11, 2022
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: Mayflower Cape Cod LLC
Property Location: 155 Enterprise Road, Hyannis, MA
Assessor's Map/Parcel: 294/019
Zoning: Highway Business (HB), Shopping Center Redevelopment Overlay
(SCROD)Zoning Districts
Filed: July 28, 2022 Hearing: August 24, 2022 Decision Due: November 5, 2022
Copy of Public Notice
Mayflower Cape Cod LLC has petitioned for a Variance from Section 240-39 G. 1(e) Bulk and
Dimensional Regulations in the Shopping Center Redevelopment Overlay District. The Petitioner
seeks a variance from the minimum bulk regulations to install face-to-face canopy at the Chick-Fil-
A drive-thru which encroaches into the 30 foot minimum front yard setback at the perimeter of the
redevelopment by 9 feet 2 inches. The subject property is located at 155 Enterprise Road,
Hyannis, MA as shown on Assessor’s Map 294 as Parcel 019. It is located in the Highway
Business (HB) Zoning District and Shopping Center Redevelopment Overlay District (SCROD).
Background
The subject property is a 2.64 acre lot, which is bisected by Enterprise Road, with frontage on
Enterprise Road and Iyannough Road/Route 132, Hyannis. The lot contains the 8,909 square foot
Chick-Fil-A constructed in 2016, and the 4,400 square foot Hyannis Transmission constructed in
1970.
Proposal & Relief Requested
Mayflower Cape Cod LLC has petitioned for a Variance from Section 240-39 G. 1(e) Bulk and
Dimensional Regulations in the Shopping Center Redevelopment Overlay District. The Petitioner
seeks a variance from the minimum bulk regulations to install face-to-face canopy at the Chick-Fil-
A drive-thru which encroaches into the 30 foot minimum front yard setback at the perimeter of the
redevelopment by 9 feet 2 inches. The subject property is located at 155 Enterprise Road,
Hyannis, 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;
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2022-041 – Mayflower Cape Cod LLC
2
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. 2022-041, is granted to Mayflower Cape Cod LLC for relief from Section 240-39
G. 1(e) Bulk and Dimensional Regulations to allow the installation of a face-to-face canopy at
the Chick-Fil-A drive-thru that encroaches into the 30 foot minimum front yard setback by 9
feet 2 inches at 155 Enterprise Road, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Chick-Fil-A #3545 Canopy Program 155 Enterprise Road Hyannis, MA 02601” prepared by
esencia Architecture Sheets T-0, A-1 thru A-5 dated July 14, 2022, ALTA/NSPS Land Title
Survey, Grading & Drainage Plan by Bohler Engineering Sheets C-3.0 and L-1.0 dated
February 12, 2016 and the Photometric Lighting Plan ES-1.0.
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 Variance must be
exercised within one year, unless extended.
Copies: Applicant (Frank Gawdun. esencia Architecture)
Attachments: Application
Plans
Site Plan Review letter dated March 24, 2022