Staff Report - RA 442 Main Street 1 v. 8/16/22
Town of Barnstable
Planning & Development Department
Staff Report
Proposed Regulatory Agreement
442 Main Street, Hyannis
Applicant/Developer: S&C Realty Investment Co., LLC
Property Address: 442 Main Street, Hyannis, MA
Assessor’s Map/Parcel: Assessor’s Map 309 Parcel 223
Property Owner: ARC Rock 17MA, LLC
Zoning/Districts: Hyannis Village Business District, Aquifer Protection Overlay District, and Hyannis Main
Street Waterfront Historic District
Lot Area: 35,531 square feet +/-
General Description of Proposed Request
S&C Realty Investment Co., LLC (“Developer”) seeks to enter into a Regulatory Agreement for property at 442 Main Street,
Hyannis with the Town of Barnstable. The Developer proposes to partially redevelop the property. The property has
frontage on Hyannis Main Street, Winter Street, and North Street. The site is currently improved with a 20,512 sq. ft. two-
story building with a rear parking area including a two-lane drive through that was formerly used for a bank.
The proposed agreement would allow the existing structure to be repurposed to accommodate two first floor tenants: one
tenant space fronting Main Street with a tenant to be determined (labeled retail area); and a coffee shop/food service
establishment with access through the side of the building and a rear drive through. The second floor would be an addition
consisting of five residential apartments. There are (2) two-bedroom and (3) one-bedroom apartments proposed. The
existing drive-through canopy is proposed to be removed and a two-story addition is proposed to the rear of the building.
The Developer proposes to reduce the widths of the existing curb cuts on Winter Street and North Street and install
sidewalks where there are existing gaps on both Winter Street and North Street; landscape areas will be expanded and
enhanced. Vehicle ingress would be limited to North Street; the curb cut on Winter Street would be egress-only. The
Applicant also proposes to grant a pedestrian access easement between the subject property and the adjacent structure to
the east, 438 Main Street, for public pedestrian access from Main Street to the North Street parking lot. This alley is a
critical connection between the public parking areas on North Street and Main Street.
The Developer also owns and operates a coffee shop with a drive-through at 149 North Street, Hyannis (at the corner of
North Street and High School Road. The Developer has agreed to a condition that the drive-through at the North
Street/High School location will be abandoned within one-year of receipt of an occupancy permit for the coffee shop with
drive through at the subject property.
Regulatory Agreement Districts
Pursuant to Chapter 168 of the Code of the Town of Barnstable, the Town may enter into Regulatory Agreements in areas
delineated on the Regulatory Agreements District Map. The subject property is located within the area delineated for
Regulatory Agreements.
Pursuant to Chapter 168 Section 5, no regulatory agreement may be executed by the Town Manager prior to an affirmative,
majority vote by the Planning Board and the Town Council recommending the execution of the regulatory agreement.
When a waiver from zoning is allowed under the negotiated regulatory agreement, there shall be a two -thirds vote of the
Town Council recommending execution of the regulatory agreement.
2 v. 8/16/22
Waivers Requested
The Regulatory Agreement seeks the following waivers from the Zoning Ordinance, specifically:
Section 240-24.1.11(A)(3), Prohibition of Drive Through Window for Restaurant Use
Sections 240-24.1.3(D)(2)(a) and Section 240-56, Schedule of Parking Spaces
Sections 240-24.1.11(A)(6), Section 240-71, and 240-65 Signage
The above referenced sections of the zoning ordinance are impacted due to the change of use on the site from a bank to
mixed use requiring further parking and additional signage, and that a drive through is requested in a district where a drive
through is prohibited.
Recommendations & Approvals
The Planning Board voted unanimously to recommend the proposed Regulatory Agreement to the Town Council on May 9,
2022.
A traffic memorandum was prepared for the project by VHB. The memorandum, which was reviewed by Town
Planning and Public Works staff, concludes “the Project is expected to have minimal impact on operations at the
study area intersections and along the study area roadways. In addition, the proposed drive -through operations
should provide enough storage space for the drive-through queue on-Site without spilling back onto North Street.”
Planning Board materials
The Hyannis Main Street Waterfront Historic District Commission issued Certificates of Appropriateness for the exterior
alterations to the building and for the proposed signage on October 14, 2021.
The Developer is proposing to use a charcoal and gold leaf palate for signage located on the building, along with a
charcoal drive-through canopy at the rear of the building.
The Site Plan Review Committee reviewed the proposal and determined it could proceed to regulatory permitting;
comments were issued in a letter dated March 15, 2021.