SR-2022-040 157 Thornton Dr LLC 157 Thornton Drive HY Variance
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No. 2022-040 – 157 Thornton Drive LLC.
Section 240-33 E. Setback and Lot Coverage
Section 240-33 F. Special Screening
Section 240-56 Parking Schedule
Section 240-57 Reduction of Parking
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
Petitioner: 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 petitioned for a Variance from Section 240-33 E. Rear yard setback,
Lot coverage, and Section 240-33 F. Special Screening, Section 240-56 Parking Schedule, and
Section 240-57 Reduction of parking. The Applicant seeks to construct an approximately 2,002
square foot storage addition to the southern end of the existing building which will intensify existing
nonconforming setback, lot coverage, screening and parking demand. 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 6,087 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 petitioned for a Variance from Section 240-33 E. Rear yard setback,
Lot coverage, and Section 240-33 F. Special Screening, Section 240-56 Parking Schedule, and
Section 240-57 Reduction of parking. The Applicant seeks to construct 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, lot coverage, screening and parking demand. 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
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
Town of Barnstable Planning and Development Department Staff Report
Variance No. 2022-040 – 157 Thornton Dr LLC.
2
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.
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
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. 2022-040, is granted to 157 Thornton Drive LLC for relief from Section 240-33 E.
Rear yard setback, Lot coverage, and Section 240-33 F. Special Screening, Section 240-56
Parking Schedule, and Section 240-57 Reduction of parking to allow the construction of an
approximately 2,002 square foot storage addition to the southern end of the existing 6,087
square foot 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. 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 Liza Cox)
Attachments: Application
Plans
D-1977-067