Brazilian Assembly of God in Hyannis - Barnstable ZBABrazilian Assembly of God in Hyannis
959 Mary Dunn Road, Hyannis
Barnstable Zoning Board of Appeals
March 22, 2023
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Introductions
•Pastor Dennis DaSilva
•Glenn Knowles, Project Architect
•Dan Ojala, Down Cape Engineering
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959 Mary Dunn Road & Surrounding Area
Subject Property
2.21 acres
202.81 feet frontage
~14,300 sf Church constructed in
2000
83 onsite parking spaces
Onsite septic
Industrial Zoning District
Wellhead Protection (WP) overlay
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Proposed First Floor Plan
Mary Dunn
Rd
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Proposed Elevation Changes
•Applicant, a non-profit religious institution, qualifies for the
protections of the Dover Amendment
•Use is exempt; city or town may apply reasonable
dimensional regulations
•§240-8(A)(3)(a) of Zoning Ordinance
−“…reasonable regulation shall be deemed to be: the bulk
regulations of the zoning district, except that church steeples may
be permitted up to 75 feet in height; Article VI, Off-Street Parking
Regulations; and Article IX, Site Plan Review.”
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Dover Amendment, G.L. c.40A, §3
•Where an exempt use does not comply with the applicable
reasonable regulations, §240-8(A)(3)(b) provides:
“…Zoning Board of Appeals shall by modification permit, modify the
bulk requirements and/or parking requirements…where such regulation
would substantially diminish or detract from the usefulness of a
proposed development, or impair the character of the development so as
to affect its intended use, provided that the modification…will not create
a public safety hazard along the adjacent roadways and will not create a
nuisance to other, surrounding properties such that it will impair the use
of these properties.” (emphasis supplied)
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Modification Permit Overview
1.Section 240-33(E), Bulk Requirements – Side Yard
Setback
2.Section 240-56, Off-Street Parking Requirements
3.If necessary, Section 240-33(F), Special Screening
Requirements
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Modification Permit Relief Sought
•Existing: 31 feet
•Proposed: 11 feet
•Letter of support from owner
of abutting property.
Side Yard Setback Relief
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•Required parking: 192 spaces
•Proposed parking: 213 spaces
−83 on-site, including accessible spaces
−61 spaces at immediately abutting
Trinity Academy
−69 spaces at CapeAbilities
•Onsite spaces adequate for daily
church activities
•Church Services
−Tuesday evenings - ~100-140 people
−Sundays – Sunday School at 9am,
service at 10:30am
Off-Street Parking Requirements
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•§240-8(A)(3)(a) of Zoning Ordinance
−“…reasonable regulation shall be deemed
to be: the bulk regulations of the zoning
district, except that church steeples may
be permitted up to 75 feet in height; Article
VI, Off-Street Parking Regulations; and
Article IX, Site Plan Review.”
•Not within the “bulk regulations” of
the Ordinance
•Relief only needed if the Special
Screening Requirements are
considered “bulk regulations”
Special Screening Requirements (if needed)
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•Trustees of Tufts College v. City of Medford, SJC case
−Explored question of “reasonableness” of dimensional requirements to exempt uses
−“The educational institution might do so by demonstrating that compliance would
substantially diminish or detract from the usefulness of a proposed structure, or impair
the character of the institution's campus, without appreciably advancing the
municipality's legitimate concerns. Excessive cost of compliance with a requirement
imposed on an educational institution, without significant gain in terms of municipal
concerns, might also qualify as unreasonable regulation of an educational use.”
•Here, application of the setback & screening regulations would necessitate changing
the location of the existing sanctuary within the building, redesigning the parking
area, redesign and changing site infrastructure, all at significant cost.
•Similarly, not possible to provide the parking on-site absent a parking garage,
unreasonable based on the spaces only being needed on Tuesday evenings and
Sunday mornings and abutting properties willing to share their spaces.
•No safety hazards on adjacent roadways or nuisance to surrounding properties. 14
Modification Permit Relief
Relief may be appropriately granted.
One minor comment on suggested conditions of Staff
Report.
Thank you!
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Wrap Up