HomeMy WebLinkAboutAmended Proposed RA Inclusionary Housing 2nd Amended 2-20-25NEW BUSINESS
BARNSTABLE TOWN COUNCIL
ITEM # 2025_____XXX
2025-XXX AUTHORIZING THE TOWN MANAGER TO EXECUTE A MAJOR AMENDMENT TO THE ORIGINAL REGULATORY AGREEMENT _________BETWEEN THE TOWN OF BARNSTABLE AND SHOESTRING PROPERTIES, LLC, 259 NORTH
STREET LIMITED PARTNERSHIP, AND MAIN STREET TIMES LLCORDERED: That the Town Council hereby authorizes the Town Manager pursuant to Sections 168-5 and 168-10, General Ordinances of the
Code of the Town of Barnstable (the “Code”), to enter into a Regulatory Agreement, 2024- ______, between the Town of Barnstable and three Applicants:Shoestring Properties, LLC for the
property110 & 115 School Street, Hyannis, MA 02601 (“Dockside”), shown on Town of Barnstable Assessor's Map 326/121 and 326/125, and more particularly described in Book 10473, Page 204,
and shown on Book 642, Page 74.Main Street Times LLC for property located at 319 and 331 Main Street, Hyannis, MA 02601 (“Cape Cod Times”), shown on the Town of Barnstable Assessor’s
Map 327/102 and 327/106and more particularly described in Book 32746, Page 290. 259 North Street Limited Partnership for property located at 310 Barnstable Road, Hyannis, MA 02601 (“310
Barnstable “), shown on the Town of Barnstable Assessor’s Map 310/143 and more particularly described in Barnstable County Land Court Registry of Deeds Certificate #137681, Land Court
Plan 1642-A Lot C, 16462-E Lot 2.Collectively the three properties are referred to as the “Applicants’ Properties”This Regulatory Agreement grants the requested relief concerning the
Applicants requirements to dedicate a total of ten (10) residential housing units to the Town of Barnstable Inclusionary Affordable Housing (as required for the development of the Applicants’
Properties under General Ordinances Chapter 9, Article 1) as part of their permitting and pursuant to and as further described in this Regulatory Agreement.
This Regulatory Agreement("Agreement" or “RA”) is entered into by and between the applicants, Shoestring Properties, LLC, Main Street Times LLC , and 259 North Street Limited Partnership
(collectively the "Applicants"). All Applicants are Massachusetts limited liability companies with the same mailing address of 297 North Street, Hyannis, MA 02601, and the Town of Barnstable
(the "Town"), a municipal corporation with a mailing address of 367 Main Street, Hyannis, MA 02601, on this ____day of __________, 2024, pursuant to Section 240-24.1 of the Barnstable
Zoning Ordinance and Chapter 168 of the Code of the Town of Barnstable.
WITNESS:
WHEREAS the Town of Barnstable has issued and approved building permits for the Applicants’ Properties as described herein.
WHEREAS each such approval and building permit was subject to the Applicants each designating a number of one bedroom and two-bedroom units to the Town of Barnstable Inclusionary Affordable
rental or ownership inventory as required by Barnstable General Ordinances, Chapter 9 with deed restrictions in perpetuity.
WHEREAS the total number of units required to be so designated as Inclusionary Affordable by the Applicants numbers ten (10) and is broken down as follows:
Dockside5 3-1BR Units; 2-2BR Units
Cape Cod Times 2 1-1BR Unit; 1-2BR Units
310 Barnstable Rd32-1BR Units; 1-2BR Unit
WHEREAS the Dockside is currently at the early stages of development with expected occupancy in 2026.
WHEREAS the Cape Cod Times currently has designated two (2) to Inclusionary Affordable Units;
WHEREAS 310 Barnstable has been fully renovated and repurposed to residential housing and is ready for occupancy with three (3) Inclusionary Affordable units to be designated.
WHEREAS the Applicants propose to redirect and dedicate the Inclusionary Affordable units from Cape Cod Times and Dockside (a total of 7 units) to 310 Barnstable Road.
WHEREAS the designation of the Inclusionary Affordable units comply with General Ordinance, Chapter 9 and the Town’s Zoning By-law, Chapter, and by redirecting and dedicating seven (7)
additional Inclusionary Affordable units to 310 Barnstable, the Applicants will fulfill their obligations to the Town under the permitting and Chapter 9.
WHEREAS the Town and Applicants desire to enter into an RA 2024-XXX and this Agreement reflects their respective understandings and agreements with regard to the proposed redirecting
and designating seven additional Inclusionary Affordable units to 310 Barnstable Road.
WHEREAS the Applicantscommit to designation of ten (10) Inclusionary Affordable units in accordance with this Agreement and request that 70% of the units be designated for town residents.
WHEREAS the Applicant has agreed that of the two-two bedroom units to be relocated from Dockside to 310 Barnstable, the Applicant will upgrade the units to three-bedroom units, which
are in very high demand; WHEREAS the Agreement will not require regulatory review under the Massachusetts Environmental Policy Act (MEPA);
WHEREAS the Agreement is not subject to review by the Cape Cod Commission as a Development of Regional Impact due to its location in the GIZ and due to the adoption of Barnstable County
Ordinance 2006-06 establishing a cumulative development threshold within the GIZ, under which this Redevelopment may proceed.
WHEREAS the redirecting and designation of seven additional Inclusionary Affordable units to 310 Barnstable and the Town’s release of the Inclusionary Affordable units at Dockside and
Cape Cod Times was reviewed and approved by the Affordable Housing Committee and the Planning Board.
WHEREAS pursuant to Section 168 of the Code of the Town of Barnstable, the Town of Barnstable may enter into Regulatory Agreements with qualified applicants in areas shown on the Regulatory
Agreements District Map. The subject properties are located within the area delineated for regulatory agreements. Regulatory agreements may be amended pursuant to §168-5(D). This request
qualifies as a substantial amendment, as additional zoning relief is necessary, and must be approved by the Planning Board and Town Council.
WHEREAS pursuant to sections 168-3 and 168-10 of the Code of the Town of Barnstable, the Town of Barnstable is authorized to enter into an RA with the Applicant.
WHEREAS theAgreement application hasundergone a public hearing opened on_________________ and closedon _______________ and received anaffirmative majorityvote from the Planning Board
on ___________.
WHEREAS the Agreement has undergone a public hearing opened onXX/XX/XXXX and closed onXX/XX/XXXXbefore the Barnstable Town Council and received a __________________vote _________ the
Agreement on ______________, 2024;
NOW, THEREFORE, in consideration of the agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency ofwhich each of the
parties hereby acknowledge to each other, the Applicant and Town do enterinto this Agreement, and hereby agree to covenant as follows:
On or within ninety (90) days from the effective date of this Agreement, the Applicantswill redirect and designate the two inclusionary units (1-BR Unit and 2-BR unit) at Cape Cod Times
to 310 Barnstable Road and will encumber the two units with a deed restriction as Inclusionary Affordable units in lieu of the two current units at Cape Cod Times.
On or within ninety (90) days from the effective date of this Agreement, the Applicantswill redirect and designate the five (5) Affordable Inclusionary units (3-1BR units and 2-2 BR)
at the Dockside project to 310 Barnstable Road and will upgrade the two two-bedroom units to two three-bedroom units, all of which will be encumberedwith a deed restriction as Inclusionary
Affordable units.
The Applicants will then have a total of ten (10) Inclusionary Affordable units at 310 Barnstable immediately available for use and occupancy, rather than waiting several years for the
Dockside five (5) units to be built and occupied. The seven additional inclusionary units at 310 Barnstable will be immediately available in lieu of the five units at the Dockside and
two units at Cape Cod Times. Of the 10 Units, 70% will be dedicated to Town residents.The Applicants will beresponsible for all costs associated with redesignation of the seven (7)
Inclusionary Affordable units from Cape Cod Times and Dockside to 310 Barnstable, including the payment of all recording fees to record the Inclusionary Affordable Deed restrictions
and discharging the current deed restrictions on the Cape Cod Times and Dockside.No Certificate of Occupancy for the Dockside shall be issued until all conditions of this Agreement have
been met.This Agreement is transferable to a person or entity other than the Applicants (hereafter, the "Transferees") with prior written notice to the Town Manager and contingent upon
the Applicant being in compliance with all the requirements of this Agreement. However, no such notice to the Town shall be effective unless it includes a written acknowledgement by
the Transferee that they have read this Regulatory Agreement, and any amendments thereto, and they agree to be bound by the terms and conditions set forth herein, in which event after
such assignment the transferor shall be relieved of liability from and after the date of transfer. Upon receipt of such written notice of transfer, and subject to a determination by
the Town Manager that that the Applicant is in compliance with all the then applicable requirements of the Agreement, the Transferees and the Town Manager shall execute a minor amendment
of this Regulatory Agreement acknowledging the Transferees are a signatory of this Regulatory Agreement, agreeing to be bound by the terms and conditions set forth herein, and any subsequent
amendments hereto, and assuming liability as of the date of transfer. No Planning Board or Town Council approval is required for such a minor amendment acknowledging such a transfer
in ownership.The Town hereby grants the following waivers from the Town of Barnstable Zoning Ordinance for the Applicants:This amended Regulatory Agreement may not be used to prevent
the Town of Barnstable or other governmental agency from requiring the qualified applicant to comply with the laws, rules and regulations and policies enacted after the date of the regulatory
agreement, if the Town of Barnstable or governmental agency determines that the imposition of and compliance with the newly effective laws and regulations are essential to ensure the
public health, safety or welfare of the residents of all or part of the jurisdiction.IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and
year first above written.Town of Barnstable,
By, ________________________Date ________________________
Mark S. Ells
Town Manager
PROPERTY DESCRIPTION
PROPERTY DESCRIPTIONS
Property address: 110 and 115 School Street, Hyannis, MA 02601
The land together with the buildings thereon situated in the Town of Barnstable (Hyannis), Barnstable County Massachusetts described as follows:
Parcel I– being the same premises shown on a plan of land entitled “Plan of Land in Hyannis – Barnstable, Mass. belonging to Lewis Bay Lodge, Inc., Scale: 1” = 50’ dated December 20,
1961, John C. O’Toole, Surveyor” and recorded with said Deeds in Plan Book 167, Page 41 to which reference may be made for a more detailed description.
Together with all littoral rights appurtenant thereto and together with all rights over the streets and ways as shown on said plan in common with all others lawfully entitled to use
the same for all purposed for which streets or ways are commonly used in the Town of Barnstable, Massachusetts.
Parcel II – being the land located in Barnstable (Hyannis) containing by calculation 24,819 square feet of land, more or less and being delineated as PARCEL A on a plan entitled “Land
in Hyannis, Massachusetts owned by Lewis Bay Motel, Restaurant & Marine, Inc.” dated January 24, 1992 by Bouley Brother, Inc., Registered Land Surveyors, Worcester, MA” and recorded
in Plan Book 485, Page 93.
Subject to and together with all rights, reservations, easement and restrictions of record insofar as the same are in force and applicable.
For title see Deed recorded in Book 10473, Page 204.
Property address: 319 and 331 Main Street, Hyannis, MA 02601
Parcel One – That certain parcel of land situated in the Town of Barnstable (Hyannis), Barnstable County, Massachusetts described as follows:
Beginning at the Northeast corner of the granted premises at a concrete bound in the Southery line of Main Street and at the Northwest corner of a right of way hereinafter mentioned;
and thence running South 15°09’Ease in the Westerly sideline of said hereinafter mentioned right of way through a concrete bound two hundred eight (280) feet, more or less to land of
Claretta M. Stuart; and thence running Sought 60°52’10”West eight-four and 90/100 (84.90) feet, more or less by land of said Stuart to a stone bound and land of Hyannis Women’s Club;
and thence running North 16°24’20”West by land of Hyannis Women’s Club, Georgie A. Kenney and Inter Cities Realty Corporation, two hundred sixty-nine and 40/100 (269.40) feet, more or
less to a drill hole in a concrete bound at Main Street; and thence running North 73°44’East by said Main Street ninety and 36/100 (90.36) feet, more or less to a concrete bound at the
point of beginning.
Together with a right of way in common with others entitled thereto over a twenty-five (25) foot right of way extending Southerly from Main Street to the Northerly line of land of said
Claretta M. Stuart adjoining the Easterly line of the above-described premises. Said right of way is to be used only in any manner reasonably required for travel to and from Main Street
in connection with the use of the premises.
Parcel Two -That certain parcel of land situated in the Town of Barnstable (Hyannis), Barnstable County, Massachusetts containing an area of 35,400 square feet, more or less and being
shown on plan entitled “Plan of Land – Hyannis – Barnstable, Mass. as surveyed for Claretta Stuart, Scale: 1” = 40’ dated December 1956, Whitney & Bassetts, Architects & Engineers,
Hyannis, Mass.,” which plan is recorded in Plan Book 132, Page 35.
Excepting from the above land is that certain parcel of land being shown as Parcel A on plan recorded in Plan Book 215, Page 147 and more particularly described in a Deed from Ottaway
Newspapers-Radio, Inc. to the Town of Barnstable dated October 26, 1967, and recorded in Book 1385, Page 439.
Together with rights of access as reserved in Deed recorded in Book 1385, Page 439.
Parcel Three - That certain parcel of land situated in the Town of Barnstable (Hyannis), Barnstable County, Massachusetts bounded and described as follows:
On the West about eighty-eight and 5/10 (88.5) feet by Ocean Street; and On the North about ninety-five and 13/100 (95.13) feet by land now or formerly of the Investor’s Security Trust;
and On the East about eight-four and 38/100 (84.38) feet by land formerly of Hugh R. Ferguson; and on the South about ninety-nine and 5/10 (99.5) feet by land of the Hyannis Women’s
Club.
Parcel Four - That certain parcel of land situated in the Town of Barnstable (Hyannis), Barnstable County, Massachusetts shown on a land of “Hyannis Women’s Club” on a plan entitled
“Plan of Land in Hyannis, Barnstable, Mass. for E. Anthony & Sons, Inc.” Scale: 1’ = 40’ and dated December 1962, David H. Greene, Surveyor, Hyannis, Mass. and recorded in Plan Book
242, Page 157.
For title see Deed recorded in Book 26472, Page 198.
Property address: 319 Main Street, Hyannis, MA 02601
The land together with any buildings thereon located at 331 Main Street Hyannis, Barnstable County, Massachusetts situated at the corner of Main Street and Ocean Street in Hyannis, Barnstable
County, Massachusetts being shown as LOTS A and B1 on a plan entitled “Subdivision of Land of Inter Cities Realty Corporation in Hyannis, Barnstable, Mass.,” dated March 1935, prepared
by Sumner Shein, CE and recorded in Plan Book 50, Page 111, to which reference may be made for a more detailed description. See also plan recorded in Plan Book 597, Page 80.
Excepting from the above-referenced parcel the Southwesterly corner thereof shown on plan recorded in Plan Book 53, Page 47 and bounded and described on Exhibit B of deed recorded in
Book32746, Page 290.Subject to and with the benefit of all rights, reservations, easements and restrictions of record insofar as the same are in force and applicable.
For title see Deed recorded at Book 32746, Page 290.
Property address: 310 Barnstable Road, Hyannis, MA 02601The land situated in the Town of Barnstable (Hyannis), Barnstable County, Massachusetts being shown asLOT C on Land Court Plan
No. 16462-A; and LOT 1 on Land Court Plan No. 16462-E.Subject to and with the benefit of all rights, reservations, easements and restrictions of record insofar as the same are in force
and applicable.For title see Deed registered as Document No. 643,051 filed with Certificate of Title No. 137681.
ASSENT TO REGULATORYAGREEMENT
The undersigned, Applicants, all Massachusetts limited liability companies and all of 297 North Street, Hyannis, Massachusetts 02601, the ownersof the Applicants’ Properties in Hyannis,
Barnstable County, Massachusetts, as aforesaid described do hereby consent to the recording of a Regulatory Agreement by and between the Applicants and the Town of Barnstable dated ______
__, 20__. The Applicants further agrees to be bound by the terms and conditions contained in said RegulatoryAgreement.Executedthis ______ day of __________________________, 2024. Applicants:Signature:Print:Date:
DATEACTION TAKEN
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BARNSTABLE TOWN COUNCIL
AGENDA ITEM SUMMARY
ITEM# 2022-XXXINTRO: