Staff Report - SP 233 239 Barnstable RdTown of Barnstable
Planning & Development Department
Staff Report
Special Permit Application No. 2022-03
Ronald Bourgeois
233-239 Barnstable Road, Hyannis, MA
Date: September 9, 2022
To: Stephen Robichaud, Chair, Planning Board
From: Planning & Development Department Staff
Applicant: Ronald Bourgeois
Property Address: 233-239 Barnstable Road, Hyannis, MA
Assessor’s Map/Parcel: 310/170
Zoning District: Hyannis Gateway District (HG)
Wellhead Protection Overlay District (WP)
Background
The Applicant, Ronald Bourgeois, and Owner, Our Child, LLC, have requested relief from Section 240-
24.1.11(A)(4)(a) in accordance with Section 240-56 for parking reduction, by providing 51 parking spaces
where 78 are required at 316 Iyannough Road, Hyannis.
Applicant’s Relief Requested
Due to the change of use within the existing building the Applicant has requested a Special Permit pursuant
to Section 240-24.1.11(A)(4)(a) in accordance with Section 240-56 for parking reduction, by providing 51
parking spaces where 78 are required. The Applicant has proposed an easement to the abutting lot at 139
Grove Street that the Applicant owns to provide expanded parking options.
Other Approvals
The Applicant filed an application for Site Plan Review and the proposal was considered and found to be
approvable at the August 4, 2022 Formal Site Plan Review meeting. Due to the request for zoning relief, the
Building Commissioner conditioned the approval on the receipt of parking relief from the Planning Board.
Staff Comments
The existing structure seeks to change uses. The Building Commissioner has required the Applicant to seek
relief as the current property is unable to accommodate the number of spaces required by the Barnstable
Zoning Ordinance. In an attempt to add additional parking spaces to facilitate the uses at the property the
Applicant has provided a site plan demonstrating (9) nine additional spaces within an easement on 139
Grove Avenue. Further evidence may be necessary to understand the ownership rights of Mulberry Street
and easement accommodations.
If the Board needs additional information for consideration the Board may make a motion to continue SP
2022-003 233-239 Barnstable Road, Hyannis to September 26th at 7:00 PM.
If the Board has exhausted their review the Board may close the hearing.
Motion: To (approve, approve with conditions, or disapprove) Special Permit 2022-003 233-239 Barnstable
Road, Hyannis.
Planning & Development Staff Report
Special Permit No. 2022-03 – 233-239 Barnstable Road
2
Prior to second please list applicable findings. If with conditions please reference the conditions prior to the
second.
Draft Findings
1. The property location is 233-239 Barnstable Road, Hyannis, MA. 233-239 Barnstable Road, Hyannis
is shown on Assessor’s Map 310 Parcel 170 in the Hyannis Gateway District and Wellhead
Protection Overlay District.
2. The Applicant, Ronald Bourgeois, and Owner, Our Child, LLC, seeks a Special Permit pursuant to
Section 240-24.1.11(A)(4)(a) in accordance with Section 240-56 for parking reduction, by providing
51 parking spaces where 78 are required
3. The applicant has provided a site plan proposing an easement to the abutting lot at 139 Grove
Street that the Applicant owns to provide expanded parking options.
4. The Planning Board finds that the issuance of the Special Permit is consistent with the Design and
Infrastructure Plan and that the development meets the following criteria:
a. The development provides for or supports mixed use development where appropriate;
b. The development provides for the minimizing of curb cuts and driveways on Barnstable
Road through a shared use for parking purposes with the direct abutting property.
5. The application falls within a category specifically excepted in the ordinance for a grant of a Special
Permit. Section 240-24.1.11(A)(4)(a)[4] allows the Planning Board to reduce on-site parking
requirements by Special Permit.
6. 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.
7. A Site Plan has been reviewed and approved by the Site Plan Review Committee. The conditions of
Informal and Formal Site Plan Review shall be incorporated by reference as conditions of this
Special Permit.
8. Lesser off-street parking is shown to be adequate given special circumstances including:
a. Supplementary parking provided off premises through a shared use easement with the
abutting property.
b. Characteristics of use invalidating normal methods of calculating parking demand.
9. The proposed repairs, alterations and/or expansion are not substantially more detrimental to the
surround neighborhood.
Draft Conditions
Should the Board find to grant the Special Permit for the requested relief, it may wish to consider the
following conditions:
Planning & Development Staff Report
Special Permit No. 2022-03 – 233-239 Barnstable Road
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1. The subject property shall be improved and the parking shall be located as shown on the record
plans entitled “Plan of Land #235 Barnstable Road” dated September July 19, 2022, by BSC Group.
2. This Special Permit shall apply to 233-239 Barnstable Road, Hyannis, MA, Applicant, Ronald
Bourgeois, and Owner, Our Child, LLC, Map 310 and Parcel 170.
3. This Special Permit Modification shall allow for the reduction of parking required. The Applicant
shall provide no less than 51 parking spaces where 78 are required.
4. Prior to Occupancy of any new use at 233-239 Barnstable Road, an easement proposed for parking
purposes at 139 Grove Street shall be recorded at the Barnstable County Registry of Deeds and
proof of recording shall be provided to the Planning Board.
5. Informal and Formal Site Plan Review conditions of approval are hereby incorporated into this
Decision.
6. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the
structure is prohibited without prior approval from the Board.
7. This Decision shall be recorded at the Barnstable County Registry of Deeds and copies submitted to
the Planning Board and Building Division prior to the issuance of any building permit and
commencement of use.
8. The rights of this Special Permit must be exercised within 2-years from the date it is filed with the
Town Clerk’s Office.