SR-2022-039 157 Thornton Dr LLC 157 Thornton Drive, HY Special Permit
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2022-039 – 157 Thornton Drive LLC
Section 240-57 – Reduction in parking
Section 240-93 B. Alterations and expansions of a nonconforming structure not used as
single or two family residences
To construct an approx. 2,002 sq ft storage addition to the existing structure
Date: July 29, 2022 *REVISED 11/1/2022*
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: 157 Thornton Drive LLC
Property Location: 157 Thornton Drive, Hyannis, MA
Assessor's Map/Parcel: 296/019
Zoning: Industrial (IND) Zoning District
Filed: July 12, 2022 Hearing: August 10, 2022 Decision Due: October 20, 2022
Copy of Public Notice
157 Thornton Drive LLC has applied for a Special Permit pursuant to Section 240-93 B. Expansion
of a preexisting nonconforming structure and to Section 240-57 Reduction in Parking. The
Applicant seeks to construct an approximately 2,002 square foot storage addition to the southern
end of the existing building. The existing structure is nonconforming to numerous dimensional,
parking, and screening requirements and the proposed expansion will also be nonconforming to
dimensional, parking, and screening requirements. The subject property is located at 157
Thornton Drive, Hyannis, MA as shown on Assessor’s Map 296 as Parcel 019. It is located in the
Industrial (IND) Zoning District.
Background
The subject property is a .44 acre lot with frontage on Thornton Drive, Hyannis, within the
industrial Independence Park. The lot contains a 6,085 gross square foot commercial building
constructed in 1984.
Previously granted Appeal No.1977-067 was a variance from intensity regulations.
Proposal & Relief Requested
157 Thornton Drive LLC has applied for a Special Permit pursuant to Section 240-93 B. Expansion
of a preexisting nonconforming structure and to Section 240-57 Reduction in Parking. The
Applicant seeks to construct an approximately 2,002 square foot storage addition to the southern
end of the existing building. The existing structure is nonconforming to numerous dimensional,
parking, and screening requirements and the proposed expansion will also be nonconforming to
dimensional, parking, and screening requirements. The subject property is located at 157
Thornton Drive, Hyannis, MA.
The existing lot coverage is 6,085 square feet (31.3%) and the proposed lot coverage is 8,087
square feet (42.0%). The required parking spaces are 23, and the proposed parking spaces are
14. The existing side yard setback is 69 feet and the proposed side yard setback is 30 feet. The
proposed screening will not meet the Special screening requirements in Section 240-32 F.
includes is a buffer strip with a minimum depth of 30 feet at the rear and side site lines and a
buffer strip of 50 feet at the front line shall be maintained in existing ground cover and trees or
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2022-039 – 157 Thornton Drive LLC
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shall be replanted with native trees, shrubs and grasses which do not require continued nurturing
and watering; provided, however, that in no instance shall the natural vegetation coverage on any
lot consist of less than 25% of the total lot area. A maximum of two driveways, each not more than
50 feet wide, shall be allowed for ingress and egress.
Special Permit Findings
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. The application falls within a category specifically excepted in the ordinance for a
grant of a Special Permit.
2. 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.
3. A Site Plan has been reviewed and found approvable with conditions. (see letter
dated June 21, 2022).
Further, Section 240-125 (C) requires the Board to find that:
4. Such uses do not substantially adversely affect the public health, safety, welfare,
comfort or convenience of the community.
5. The Building and site design are consistent with Section 240-25.E, District-wide
design and performance standards applicable within the Highway Business District.
Further, Section 240-93 B. requires the Board to find that:
6. The proposed repairs, alterations and/or expansion are not substantially more
detrimental to the surrounding neighborhood.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2022-039, a Special Permit to allow the
construction of an approximately 2,002 square foot storage addition to the southern end of the
existing building at 157 Thornton Drive, Hyannis:
1. Special Permit No. 2022-039 is granted to 157 Thornton Drive LLC pursuant to Section
240-93 B. Expansion of a preexisting nonconforming structure and to Section 240-57
Reduction in Parking to allow the construction of an approximately 2,002 square foot
storage addition to the southern end of the 6,087 square foot existing building which will
intensify existing nonconforming setback, from 69 feet to 30 feet, lot coverage from 31.3%
to 42.0%, screening and parking demand, from required 23 spaces to proposed 14 spaces,
at 157 Thornton Drive, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“157 Thornton Drive Hyannis Massachusetts” prepared by Cape & Islands Engineering
dated April 15, 2022 with a last revision date of October 20, 2022.
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.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2022-039 – 157 Thornton Drive LLC
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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
Special Permit must be exercised within two years, unless extended.
Copies: Applicant (c/o Attorney Liza Cox)
Attachments: Application
Plans
Site Plan Review letter dated June 21, 2022