SR-2022-050 Pitchers Way LLC 805 Pitchers Way HY Xfer SP
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2022-050 – Cape & Islands Veterans Outreach Center, Inc.
Section 240-125 C. (2) Standards for granting a Special Permit
To allow the transfer of existing Special Permits to new owner
Date: September 29, 2022
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Cape & Islands Veterans Outreach Center, Inc.
Owner: Pitcher’s Way LLC
Property Address: 805 Pitcher’s Way, Hyannis, MA
Assessor's Map/Parcel: 271/160
Zoning: Residence C-1 (RC-1)
Filed: September 7, 2022 Hearing: October 12, 2022 Decision Due: December 16, 2022
Copy of Public Notice
Cape and Islands Veterans Outreach Center, Inc has applied for a modification of Special Permit
No. 1995-163 Condition 6, Special Permit No. 1996-012 Conditions 1 and 2, and Special Permit No.
2013-52 Condition 4, pursuant to Section 240-125 C. (2) Standards for granting a Special Permit.
The Applicant seeks to transfer the Special Permit from the current owner, Pitcher’s Way LLC, to
continue the use of the property as a group home for rehabilitation. The subject property is located
at 805 Pitcher’s Way, Hyannis, MA as shown on Assessor’s Map 271 as Parcel 160. It is located in
the Residence C-1 (RC-1) Zoning District.
Background
The subject property is a rectangular shaped 0.57 acre lot with frontage on Pitcher’s Way in
Hyannis. The subject lot is improved with an 8-bedroom dwelling containing 3,120 square feet of
living area (5,106 gross), and constructed in 1985. The lot is served by public water, gas, and
septic. The generally residential neighborhood contains similar sized lots. The Town of Barnstable
Water Pollution Control Facility is across the street.
Previous Zoning Board of Appeals actions:
Special Permit No.1995-163 allowed the applicant to modify the preexisting nonconforming
use to legitimize then current use of an 8-unit lodging house used as a rehabilitation and
recovery house.
Special Permit No. 1999-012 allowed the transfer into new ownership.
Special Permit No. 2013-052 allowed the transfer into new ownership.
Proposal & Relief Requested
Cape and Islands Veterans Outreach Center, Inc has applied for a modification of Special Permit
No. 1995-163 Condition 6, Special Permit No. 1996-012 Conditions 1 and 2, and Special Permit No.
2013-52 Condition 4, pursuant to Section 240-125 C. (2) Standards for granting a Special Permit.
The Applicant seeks to transfer the Special Permit from the current owner, Pitcher’s Way LLC, to
continue the use of the property as a group home for rehabilitation. The subject property is located
at 805 Pitcher’s Way, Hyannis, MA.
Proposed Special Permit Findings
Town of Barnstable Planning and Development Department Staff Report
Special Permit No. 2022-050 – Cape & Islands Veterans Outreach Center, Inc.
2
For all Special Permits, the Board is required to make general findings pursuant to § 240-125(C).
The Board should review the evidence presented by the Applicant, staff, and members of the public
and, after weighing such evidence, is encouraged to articulate if and how the evidence contributes
to each of the required findings.
1. In Appeal No. 2022-050, Cape and Islands Veterans Outreach Center, Inc is requesting
the transfer of Special Permit No’s 1995-163 and No. 1999-12 and No. 2013-052, issued
for the operation of a preexisting nonconforming use, an eight-room single-occupancy
lodging house at 805 Pitcher’s Way, Hyannis.
2. The subject property is shown on Assessor’s Map 271 as Parcel 160. It is in a
Residential C-1 zoning district. The property is serviced by Town water and a private
septic system.
3. Cape and Islands Veterans Outreach Center, Inc is under agreement to purchase the
property.
4. The lodging house has submitted to and complied with all required inspections and there
has been no police activity at the house.
5. The conditions of the existing Special Permits state that the permit “may not be
transferred without consent of the Town of Barnstable Zoning Board of Appeals to an
activity related to rehabilitation, social service or special needs type ground home use or
for a use permitted by the terms of this Special Permit, and in accordance with the terms
and conditions set forth herein.”
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. The Applicant has demonstrated that the property will be operated in compliance with the
conditions of Special Permit No. 1995-163.
Suggested Conditions
Should the Board find to allow the transfer Special Permit No. 2022-050, it may wish to consider the
following conditions:
1. This permit is transferred to Cape and Islands Veterans Outreach Center, Inc for
operation of an eight-room single-occupancy lodging house to be used as a rehabilitation
and recovery house.
2. All conditions of Special Permit No’s 1995-163 and No. 1999-12 and No. 2013-052 shall
remain in full force and effect.
3. The owner shall submit documentation to address Conditions 1 and 2 of Special Permit
1995-136 regarding contact information and house management to the Building Division
and Licensing Division.
4. This permit shall not be transferrable to any other property owner without prior approval
from this Board.
Copies: Applicant (c/o Attorney Brian Wall)
Attachments: Application