SR-2022-045 MWV Associates 313 Iyannough Rd HY Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2022-045 – MWV Associates LLC
Section 240-24 1. 8 C. Bulk and Dimensional Regulations in the HG Zoning District
To clarify parcel records and Assessing Division lines
Date: August 29, 2022
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Petitioner: MWV Associates LLC
Property Location: 313 Iyannough Road, Hyannis, MA
Assessor's Map/Parcel: 328/235
Zoning: Hyannis Gateway (HG) Zoning District
Filed: August 22, 2022 Hearing: September 14, 2022 Decision Due: November 30, 2022
Copy of Public Notice
MWV Associates LLC has petitioned for a Variance from Section 240- 24.1.8 C. Dimensional, bulk
and other requirements in the HG Hyannis Gateway Zoning District. The Petitioner seeks a
variance from the minimum bulk regulations to clarify parcel records and Assessing division lines
pursuant to the plan prepared by Down Cape Engineering. The subject property is located at 313
Iyannough Rd, Hyannis, MA as shown on Assessor’s Map 328 as Parcel 235. It is located in the
Hyannis Gateway (HG) Zoning District.
Background
The subject property is a 0.63 acre lot with frontage on Iyannough Road (Rt 28), Ridgewood Ave
and Spring Street in Hyannis. The lot contains a 3,416 square foot commercial structure (fast food
chain) built in 1965. The area is a mix of residential and commercial uses with a variety of shaped
lots.
This Petition is being heard in conjunction with Variance No. 2022-037 MWV Associates LLC for
195 Ridgewood Ave, Hyannis.
Proposal & Relief Requested
MWV Associates LLC has petitioned for a Variance from Section 240- 24.1.8 C. Dimensional, bulk
and other requirements in the HG Hyannis Gateway Zoning District. The Petitioner seeks a
variance from the minimum bulk regulations to clarify parcel records and Assessing division lines
pursuant to the plan prepared by Down Cape Engineering. The subject properties are located at
195 Ridgewood Avenue and 313 Iyannough Road (Rt 28), 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;
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. 2022-045 – MWV Associates LLC
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. 2022-045 from Section 240- 24.1.8 C. Dimensional, bulk and other requirements
in the HG Hyannis Gateway Zoning District is granted to MWV Associates LLC to clarify parcel
records and Assessing division lines pursuant to the plan prepared by Down Cape Engineering
at 195 Ridgewood Avenue and 313 Iyannough Road, Hyannis, MA. The existing lot size is
27,442 square feet and the proposed lot size is 26,375 square feet..
2. The site development shall be constructed in substantial conformance with the plan entitled
“Plan of Land at 313 Iyannough Rd & 195 Ridgewood Ave Hyannis MA” prepared by Down
Cape Engineering dated November 18, 2021.
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 Michael Schulz)
Attachments: Application
Plans