SR-2023-007 Brazillian Assembly of God 959 Mary Dunn Rd HY Mod P
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Modification Permit No. 2023-007 - Brazilian Assembly of God
Section 240-8 A. (3) Modification for Exempt Uses
Section 240-33 E. Bulk Regulations, setback
Section 240-56 Schedule of off-street parking
Section 240-33 Special Screening Standards
Construction of a 9,400 square foot addition to existing church
Date: March 9, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Brazilian Assembly of God in Hyannis
Property Location: 959 Mary Dunn Road, Hyannis, MA
Assessor's Map/Parcels: 332/012
Zoning: Industrial (IND) and Well Protection Overlay District (WP) Zoning
Districts
Filed: February 21 2023 Hearing: March 22, 2023 Decision Due: June 1, 2023
Copy of Public Notice
Brazilian Assembly of God in Hyannis has applied for a Modification Permit in accordance with
Section 240-8 A. (3) Modification Permit for Exempt Uses. The Applicant, a non-profit religious
institution, proposes an approximately 9,400 square foot addition to the existing church on the
property. The expansion will increase the number of seats and the existing steeple will be removed
and the ridgeline lowered. The proposed expansion will meet all building setbacks, except for the
southerly side yard setback which is proposed at 11 feet where 30 feet is required. The proposed
576 seats require 192 parking spaces where 83 currently exist. The Applicant has parking
agreements with abutting properties. Zoning relief is requested in accordance with Section 240-33E
Bulk Requirements, Side Yard Setback; Section 240-56 Schedule of Off-Street Parking; and
Section 240-33 Special Screening Requirements. The subject property is located at 959 Mary Dunn
Road, Hyannis, MA as shown on Assessor’s Map 332 as Parcel 012. It is located in the IND
(Industrial) Zoning District.
Background
The property addressed as 959 Mary Dunn Road is a 2.2 acre parcel with frontage Mary Dunn
Road, north of Independence Drive, Hyannis. The property is developed with an approximately
14,300 square foot church with approximately 376 seats constructed in 2000. The property
contains 83 on-site parking spaces and associated site improvements.
Proposal & Relief Requested
Brazilian Assembly of God in Hyannis has applied for a Modification Permit in accordance with
Section 240-8 A. (3) Modification Permit for Exempt Uses. The Applicant, a non-profit religious
institution, proposes an approximately 9,400 square f oot addition to the existing church on the
property. The expansion will increase the number of seats and the existing steeple will be removed
and the ridgeline lowered. The proposed expansion will meet all building setbacks, except for the
southerly side yard setback which is proposed at 11 feet where 30 feet is required. The proposed
576 seats require 192 parking spaces where 83 currently exist. The Applicant has parking
agreements with abutting properties. Zoning relief is requested in accordance with Section 240-33E
Bulk Requirements, Side Yard Setback; Section 240-56 Schedule of Off-Street Parking; and
Town of Barnstable Planning and Development Department Staff Report
Modification Permit No. 2023-007 Brazilian Assembly of God
2
Section 240-33 Special Screening Requirements. The subject property is located at 959 Mary Dunn
Road, Hyannis, MA.
Proposed Modification Permit Findings
For all Modification 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 modification permit. Section 240-8 A. (3) allows for alterations for Exempt
Uses.
2. Site Plan Review Committee found the project approvable subject to zoning relief in a
letter dated February 7, 2023.
3. 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.
Suggested Conditions
Should the Board find to grant the Modification Permit No. 2023-007, it may wish to consider the
following conditions:
1. The Applicant has requested a Modification Permit in accordance with Section 240-8 A. (3)
Modification Permit for Exempt Uses. The Applicant, a non-profit religious institution,
proposes an approximately 9,400 square foot addition to the existing church on the property.
The expansion will increase the number of seats and the existing steeple will be removed
and the ridgeline lowered. The proposed expansion will meet all building setbacks, except
for the southerly side yard setback which is proposed at 11 feet where 30 feet is required.
The proposed 576 seats require 192 parking spaces where 83 currently exist. The Applicant
has parking agreements with abutting properties. Zoning relief is requested in accordance
with Section 240-33E Bulk Requirements, Side Yard Setback; Section 240-56 Schedule of
Off-Street Parking; and Section 240-33 Special Screening Requirements. The subject
property is located at 959 Mary Dunn Road, Hyannis, MA.
2. The proposed expansion shall meet all building setbacks, except for the southerly side yard
setback which shall be 11 feet where 30 is required.
3. The proposed expansion shall require 192 parking spaces where 82 is provided on site. The
Applicant shall provide parking agreements to the Town for additional parking to s upport the
expansion prior to occupancy of the expansion.
4. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan of Hyannis, MA 959 Mary Dunn Rd.” prepared for Reach Assembly of God by
Down Cape Engineering, Inc., dated July 9, 2021 with a last revision date of January 26,
2023.
5. The 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 building permit. The rights authorized by this Modification
Permit must be exercised within two years, unless extended.
Copies: Applicant (Attorney Liza Cox)
Attachments: Application
Site Plan