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Home My WebLink AboutMAH Order & Rationale 02-06-20252Page 14 of 29 B. NEW BUSINESS (First Reading) (Refer to Planning Board) BARNSTABLE TOWN COUNCIL ITEM# 2025-075 INTRO: 02/06/2025 2025-075 AMENDING THE CODE OF THE TOWN OF BARNSTABLE, PART I GENERAL ORDINANCES, CHAPTER 240 ZONING TO ADD THREE PROPERTIES TO THE MULTIFAMILY AFFORDABLE HOUSING RESIDENTIAL DISTRICT TO ALLOW FOR BY-RIGHT AFFORDABLE HOUSING IN ADDITION TO SPECIAL PERMIT AFFORDABLE HOUSING, AND TO ADD PARKING REQUIREMENTS, ROOF MOUNTED SOLAR SYSTEM REQUIREMENTS, PRINCIPAL PERMITTED USES, AND OTHER MULTIFAMILY AFFORDABLE HOUSING REQUIREMENTS ORDERED: That the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 240 Zoning be amended as follows: SECTION 1: By amending the Zoning Map of Barnstable, Mass. dated September 1, 1998, as previously amended, as referenced in Article II, Section 240-6, to add the following properties to the Multi-Family Affordable Housing Residential District, as shown on the map dated January 9, 2025, prepared by the Town of Barnstable Geographical Information System Unit, and entitled “Proposed Amendment to the Multifamily Affordable Housing Residential District”: 825 Falmouth Road, as shown on Assessors’ Map 271, Parcel 097; 767 Falmouth Road, as shown on Assessors’ Map 271, Parcel 096; and 577 Falmouth Road, as shown on Assessors’ May 271, Parcel 043. SECTION 2: By amending Article III, Section 240-16.1 MAH Residential District, Subsection A. Purpose, by inserting after the word “authorize” the following words: “by right and”. SECTION 3: By further amending said Section 240-16.1 by renumbering Subsections B through I as Subsections C through J, and by inserting the following new Subsection B after Subsection A: “B. Location. The MAH Residential District is identified on a map entitled “Proposed Amendment to the Multifamily Affordable Housing Residential District” dated January 9, 2025, as shown on the Zoning Map of Barnstable. Map and Parcel Information for the properties within the MAH Residential District is: • 850 Falmouth Road – Assessors Map 250, Parcel 036; Assessors Map 250, Parcel 160 • 577 Falmouth Road – Assessors Map 271, Parcel 043 • 825 Falmouth Road – Assessors Map 271, Parcel 097 • 767 Falmouth Road – Assessors Map 271, Parcel 097 SECTION 4 By further amending said Section 240-16.1, renumbered Subsection C. Principal Permitted Uses, by adding a new subsection (2) after subsection (1) as follows: (2) Duplex residential dwellings. SECTION 5 Page 15 of 29 By further amending said Section 240-16.1, renumbered Subsection E. Bulk Regulations, as follows: A. By amending the Minimum Lot Area from 87,120 square feet to 43,560 square feet; B. By amending the Minimum Yard Setbacks as follows: by amending the Front Yard Setback from 60 feet to 15 feet, by amending the Side Yard Setback from 30 feet to 10 feet and by amending the Rear Yard Setback from 30 feet to 10 feet. SECTION 6 By further amending said Section 240-16.1 by deleting renumbered Subsection F, Density Requirements, in its entirety and inserting the following new subsection F. in its place: “Density Requirements. The total number of residential units allowable as permitted uses within a Multifamily Affordable Housing Development (MAHD) shall not exceed 20 per acre of upland. Multiple principal buildings/structures are permitted per lot.” SECTION 7 By further amending said Section 240-16.1 by renumbering the previously renumbered Subsections G through J as new Subsections I through L and by inserting new Subsections “G. Parking” and “H. Solar” after renumbered Subsection F as follows: “G. Parking. 1.5 parking spaces are required per residential dwelling unit. Parking dimensions shall be a minimum of 9’ by 18’. Drive aisle between parking spaces shall be a minimum of 22’. H. Solar. Each residential structure shall be required to install roof mounted solar system(s) equal to at least 6 watts per square foot of conditioned space. Exceptions shall be granted if natural vegetative shading makes all or part of a roof mounted solar system nonviable. The total installed solar may be reduced if it can be shown that the mandated size would exceed the annual energy needs of the structure. The size may be reduced by 25% if a battery system of 5 kilowatt-hour (kWh) or larger is installed. Exception shall be if natural vegetative shading makes all or part of a roof mounted solar system nonviable.” SECTION 8 By further amending said Section 240-16.1 by deleting renumbered Subsection I., Affordable units, in its entirety and inserting the following new Subsection I. in its place: “I. Affordable units. 100% of the dwelling units shall be affordable units as defined further below and subject to the following conditions: (1) Affordable units for Principal Permitted Uses. a. Affordable units to be developed as principal permitted uses shall not be subject to Chapter 9 Article I, Inclusionary Affordable Housing Requirements. b. An individual or household with total annual income that does not exceed the following percentages of the area median income for the Town of Barnstable, as determined annually by the United States Department of Housing and Urban Development: i. 10% of the units shall be affordable to individuals who qualify as no greater than 70% of the Area Median Income. ii. 90% of the units shall be affordable to individuals who qualify between 70% and 100% of the Area Median Income. c. All affordable units shall remain affordable for a minimum of 15 years through a use restriction which shall assure this condition. The use restriction shall be structured to survive any and all foreclosures. Page 16 of 29 d. The continuing enforcement of the use restriction through subsequent resale of the affordable units shall be the subject of a monitoring agreement. e. No occupancy permit shall be requested until the affordable dwelling units have been approved by the subsidizing agency and evidence of such has been submitted to the Town Attorney. (2) Affordable units for Multifamily affordable housing developments (a) An individual or household with total annual income that does not exceed the following percentages of the area median income for the Town of Barnstable, as determined annually by the United States Department of Housing and Urban Development: (i) For the purchaser of a condominium unit: 50%. (ii) For the tenant in a rental unit: 50%. b) All affordable units shall remain affordable, as defined herein, in perpetuity. A use restriction shall ensure this condition. The use restriction shall be structured to survive any and all foreclosures. i. The continuing enforcement of the use restriction through subsequent resale of the affordable units shall be the subject of a monitoring agreement. ii. The use restriction and the monitoring agreement shall be drafted in compliance with the Local Initiative Program (LIP), and guidelines promulgated thereunder. The use restriction and the monitoring agreement shall be subject to review and approval by the Planning Board and approved as to form by the Town Attorney's office prior to the issuance of any building permits for any dwelling unit. iii. The affordable unit shall conform to all Executive Office of Housing and Livable Communities (EOHLC) standards that must be met to qualify these units for inclusion in the EOHLC Subsidized Housing Inventory (SHI). iv. A right of first refusal upon the transfer of such affordable units shall be granted to the Town or its designee for a period of not less than 120 days after notice thereof. v. Affordable units shall not be segregated within the MAHD. The affordable units shall satisfy the design and construction standards and guidelines of the Local Initiative Program with regard to distinguishability from market rate units. It is the intent of this section that the affordable units shall be eligible for inclusion in the EOHLC Subsidized Housing Inventory as LIP units. vi. Reserved. vii. In computing the number of required affordable units, any fraction of a unit shall be rounded up, and the result of this computation shall be the number of affordable units required to be built within the MAHD. Affordable units shall only be located within any development permitted under this provision. This standard is not subject to variance. c) No occupancy permit shall be requested until the affordable dwelling units have been approved by the EOHLC as eligible for the EOHLC Subsidized Housing Inventory under the Local Initiative Program (LIP) Guidelines.” Page 17 of 29 SECTION 9 By further amending said Section 240-16.1, renumbered Subsection L. Definitions, as follows: A. By deleting the words “AFFORDABLE UNIT” and inserting “AFFORDABLE UNIT FOR MULTIFAMILY AFFORDABLE HOUSING DEVELOPMENTS” in their place. B. By deleting the definition of “QUALIFIED AFFORDABLE HOUSING UNIT PURCHASES OR TENANT” and inserting the following new definition in its place: “Duplex residential dwellings - A detached residential building containing two dwelling units.” C. By adding the following new definition at the end of said Subsection: “USE RESTRICTION FOR PERMITTED USES A use restriction is a deed restriction or other legally binding instrument in a form consistent with the requirements of the subsidizing agency. A use restriction shall contain terms and conditions for the resale of a homeownership unit, including definition of the maximum permissible resale price, and for the subsequent rental of a rental unit, including definition of the maximum permissible rent. A use restriction shall require that tenants of rental units and owners of homeownership units shall occupy the units as their principal residences.” D. By deleting the words “USE RESTRICTION” and inserting “USE RESTRICTION FOR MULTIFAMILY AFFORDABLE HOUSING DEVELOPMENTS” in their place. SPONSOR: Councilor Betty Ludtke, Precinct 3 DATE ACTION TAKEN ______ ___________________ ______ ___________________ ___Read Item ___Motion to Open Public Hearing ___Rationale ___Public Hearing ___Close Public Hearing ___Council Discussion ___Vote Page 18 of 29 BARNSTABLE TOWN COUNCIL SUMMARY ITEM# 2025-075 INTRO: 02/06/2025 TO: Town Council FROM: James Kupfer, Director, Planning & Development Department DATE: February 06, 2025 SUBJECT: Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning to add three properties to the Multifamily Affordable Housing Residential District to allow for By-Right Affordable Housing in addition to Special Permit Affordable Housing, and to add parking requirements, roof mounted solar system requirements, principal permitted uses, and other Multifamily Affordable Housing Requirements BACKGROUND: This item proposes to amend the Town of Barnstable’s Zoning Ordinance, Section 240-16.1 Multifamily Affordable Housing Residential District as well as Section 240-6 the Zoning Map of Barnstable, MA dated September 1, 1998, as previously amended. This amendment seeks to expand the district through the inclusion of three additional properties along Falmouth Road as well as allowing for a residential duplex by-right use, the creation of certain site standards for by-right uses, and the modification of the affordable housing requirements. Zoning amendments are processed in accordance with Massachusetts General Law (MGL) Chapter 40A, Section 5. Adoption or change of zoning ordinances may be initiated by the submission to the Town Council of a proposed zoning ordinance by different parties, including the Town Council itself. ANALYSIS: The expansion of the Multifamily Affordable Housing (MAH) Residential District is sought to expand the existing district that includes 850 Falmouth Road, identified as both Assessors Map 250, Parcel 036 and Assessors Map 250, Parcel 60 to include three additional properties; 825 Falmouth Road Assessors Map 271, Parcel 097, 767 Falmouth Road Assessors Map, 271 Parcel 096, and 577 Falmouth Road Assessors Map 271 Parcel 043 for a total of three properties in the District. Currently each of these three new properties reside within the Residence – B District (RB). The RB District allows single-family residential dwellings by-right only. RB District requires one acre of lot area for each single-family residential dwelling. The expansion of the MAH District would grant new development standards to the existing district as well as these three additional parcels including but not limited to increased density, allowing for 20 residential dwelling units per acre of upland in multiple principal structures. The amendment would also require certain parking standards, a roof mounted solar mandate, and an increase in the requirement of affordable units, all as defined in the amended ordinance. FISCAL IMPACT: Adopting this change could result in the development of these properties and increase the town’s tax base. STAFF SUPPORT: James Kupfer, Director, Planning & Development Department; Kathleen Connolly, Assistant Town Attorney Page 19 of 29 Page 20 of 29 Page 21 of 29 Page 22 of 29 Page 23 of 29 Page 24 of 29