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SR - SP 78 North StreetTown of Barnstable Planning & Development Department Staff Report Special Permit Application No. 2023-03 Bayridge Realty, LLC 78 North Street, Hyannis, MA Date: April 5, 2023 To: Stephen Robichaud, Chair, Planning Board From: Planning & Development Department Staff Applicant: Bayridge Realty, LLC Property Address: 78 North Street, Hyannis, MA Assessor’s Map/Parcel: 309/192 Zoning District: Downtown Village Zoning District Aquifer Protection Overlay District Background The Applicant and Owner Bayridge Realty, LLC proposes to renovate the existing commercial/office structure at 78 North Street to construct 11 residential units within the existing footprint. The Applicant has requested relief from Section 240-1.5C(2)(b) for relief from parking requirements. The proposal seeks to enter in to a parking agreement for off-site parking. No parking is proposed on site where 11 parking spaces are required. The subject property is located at 78 North Street, Hyannis. Applicant’s Relief Requested Due to the change of use within the existing building the Applicant has requested a Special Permit pursuant to 240-1.5C(2)(b) for relief from parking requirements. The Applicant proposes to seek an agreement for offsite parking at the North Street lot where the previous commercial property historically parked their vehicles. Other Approvals The Applicant filed an application for Site Plan Review and the proposal was considered and found to be approvable at the October 11, 2022 Formal Site Plan Review meeting. Due to the request for zoning relief, the Building Commissioner conditioned the approval on the receipt of parking relief from the Planning Board among other conditions. Staff Comments The existing structure seeks to change the use from commercial to residential within the new Downtown Village Zoning District. The new district requires one parking space per unit. The parking standards further provide an opportunity for an applicant to seek relief from the Planning Board to reduce this requirement further. In the Board’s discretion to approve or deny a special permit authorizing relief from the minimum parking requirements, the Planning Board shall consider, as specified in the ordinance, “conditioning the Special Permit upon one or more of the following: (i) Elimination or reduction of existing curb cuts and driveway aprons (ii) Establishment of a shared driveway or cross-access connection between abutting parking lots with a binding easement and joint maintenance agreement defining the responsibilities of abutting property owners sharing access”. Further, the parking standards state that, “Accessory parking spaces must be located on the same lot as the building they support and may be provided within a principal building or outbuilding or as surface parking”. Planning & Development Staff Report Special Permit No. 2023-03 – 78 North Street 2 Summarizing these ordinances together, the request by the Applicant to the Board is to provide a special permit for parking reduction that would result in requiring zero parking spaces on site. The Board may wish to consider conditioning an approval on receiving a license or formalizing an agreement for off-site parking but the relief granted would be to allow for zero parking spaces provided on site. Decision If the Board needs additional information for consideration the Board may make a motion to continue SP 2023-003 78 North Street, Hyannis to April 24, 2023 at 7:00 PM. If the Board has exhausted their review the Board may close the hearing. After Board deliberation a motion may be made: To (approve, approve with conditions, or disapprove) Special Permit 2023-003 78 North Street, Hyannis. Prior to second please list applicable findings. If with conditions please reference the conditions prior to the second. Draft Findings 1. The property location is 78 North Street, Hyannis, MA, Hyannis is shown on Assessor’s Map 309 Parcel 192 in the Downtown Village Zoning District and Aquifer Protection Overlay District. 2. The Applicant and Owner Bayridge Realty, LLC, seeks a Special Permit pursuant to 240-1.5C(2)(b). The Applicant proposes to enter in to a parking agreement for off-site parking at the North Street lot where the previous commercial property historically parked their vehicles. 3. The Planning Board finds that the issuance of the Special Permit is consistent with the Design and Infrastructure Plan and that the development meets the following criteria: a. Creates housing opportunities for persons and households of all income levels; b. The development provides for the minimizing of curb cuts and driveways on North Street through a shared use for parking purposes with a nearby property. 4. The application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. Section 240-1.5C(2)(b) allows the Planning Board to reduce on-site parking requirements by Special Permit. 5. 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. 6. A Site Plan has been reviewed and approved by the Site Plan Review Committee. The conditions of Informal and Formal Site Plan Review shall be incorporated by reference as conditions of this Special Permit. 7. Lesser off-street parking is shown to be adequate given special circumstances including: a. Supplementary parking provided off premises through a parking license with a nearby property. Planning & Development Staff Report Special Permit No. 2023-03 – 78 North Street 3 b. Characteristics of use invalidating normal methods of calculating parking demand. 8. The proposed repairs, alterations and/or expansion are not substantially more detrimental to the surround neighborhood. Draft Conditions Should the Board find to grant the Special Permit for the requested relief, it may wish to consider the following conditions: 1. The relief granted shall be substantially in conformance with the record plans entitled “78 North Street Proposed Residential Conversion” dated August 18 2022, by Baxter Nye Engineering and Surveying. 2. This Special Permit shall apply to 78 North Street, Hyannis, MA, Applicant and Owner Bayridge Realty, LLC, Map 309 and Parcel 192. 3. This Special Permit Modification shall allow for the reduction of parking required. The Applicant shall provide zero parking spaces on Site where 11 are required. 4. Prior to Occupancy of any residential use at 78 North Street, proof of a parking agreement or license shall be provided to the Planning Board for no less than 11 parking spaces designated for the use of tenants at 78 North Street, Hyannis. 5. Informal and Formal Site Plan Review conditions of approval are hereby incorporated into this Decision. 6. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the structure is prohibited without prior approval from the Board. 7. This Decision shall be recorded at the Barnstable County Registry of Deeds and copies submitted to the Planning Board and Building Division prior to the issuance of any building permit and commencement of use. 8. The rights of this Special Permit must be exercised within 2 years from the date it is filed with the Town Clerk’s Office.