HomeMy WebLinkAboutDraft Second Amendment to RA 6-13-25SECOND AMENDMENT TO
REGULATORY AGREEMENT
Reference is hereby made to a certain Regulatory Agreement ("Original Agreement") dated November 3, 2022, recorded on November 14, 2022 in the Barnstable Land Court Registry as Document
No. 1,470,963, and First Amendment to Regulatory Agreement (“First Amendment”) dated _______________, recorded on _________________ in the Barnstable Land Court Registry as Document
No. ________________ (collectively, “The Agreement”) entered by and between S&C Realty Investment Co., LLC, (the “Developer”), and the Town of Barnstable (the "Town"), a municipal corporation,
pursuant to Section 240-24.1 of the Barnstable Zoning Ordinance and Chapters 9 and 168 of the Barnstable Code and the :
This Second Amendment to Regulatory Agreement is entered into by and between the Developer and the Town on this ________ day of _____________, 2025.
WITNESSTH:
WHEREAS, the Original Agreement and First Amendment require the Developer to constructthe Redevelopment in accordance with the plans set forth in subparagraphs 2(a) through 2(g);
WHEREAS, the Developer is desirous of modifying the approved plans to: add a platform and ramp to improve pedestrian access to the building, adding a clearance bar to the drive through
lane, adding HVAC components to the roof of the East Elevation of the building with associated Trex decking, white vinyl posts, modifying the size, location, and layout of the second-floor
windows on the North elevation, and modifying the approved business signage;
WHEREAS, the Agreement allows the Developer to construct seven (7) business signs
(71.84 sq. ft.) and five (5) directional signs (13.75 sq. ft.)for a total business signage area of 85.29 sq. ft. The Agreement also permits the Developer to construct one (1) additional
Tenant sign havingan area of 8.69 sq. ft, bringing the total area to 94.28 sq. ft.;
WHEREAS, the Developer is desirous of modifying the approved signage to: reduce the size of the Monument sign from 14.27 sq. ft. to 14.24 sq. ft, substitute the two (2) 2.0 sq. ft. “DD”
signs on the East Elevation with one (1) 3.97 sq. ft. “Dunkin” sign, increase the size of the blade sign on the Southerly Elevation from 3.14 sq. ft. to 4.0 sq. ft., adding a 3.05 sq.
ft. “DRIVE THRU” sign on the proposed clearance bar, decrease the size of the “DD” sign on the North elevation from 17.58 sq. ft. to 17.55 sq. ft., increase the size of the Menu Board
from 24.16 sq. ft. to 25.86 sq. ft., and reduce the number of directional signs from five (5) to three (3) all as described herein;
Approved SignageRequested Signage
1. Monument Sign 14.27 sq. ft.1. Monument Sign 14.24 sq. ft.
2. South Elevation 8.69 sq. ft. (“Dunkin”)2. South Elevation 8.69 sq. ft. (“Dunkin’”)
3. South Elevation3.14 sq. ft. (“DD”) 3. South Elevation 4.0 sq. ft. (“DD”)
4. East Elevation2.0 sq. ft. (“DD”) 4. East Elevation3.97 sq. ft. (“Dunkin’”)
5. East Elevation2.0 sq. ft. (“DD”)5. Clearance Bar Sign3.05 sq. ft.
6. North Elevation17.58 sq. ft. (“DD”)6. North Elevation17.55 sq. ft. (“DD”)
7. Menu Board24.16 sq. ft. 7. Menu Board25.86 sq. ft.
8. Directional #12.75 sq. ft.8. Directional #12.75 sq. ft.
9. Directional #22.75 sq. ft.9. Directional #22.75 sq. ft.
10. Directional #32.75 sq. ft.10. Directional #32.75 sq. ft.
11. Directional #42.75 sq. ft.11. Tenant sign8.69 sq. ft.
12.Directional #52.75 sq. ft.
13. Tenant sign8.69 sq. ft.
Total: 13 signs94.28 sq. ft. Total: 11 signs 94.3 sq. ft.
WHEREAS, the Developer has caused to be created a new site layout plan entitled “Site Layout Plan, Prepared for Couto Management Group, LLC Date: March 4, 2021 Revised 4/28/2021, 10/06/2021,
3/14/2024, 8/30/24, 11/07/24, 12/18/24” drawn by Baxter Nye Engineering & Surveying, Sheet C2.0, (“New Site Layout Plan”);
WHEREAS, the Developer has caused to be created a new grading, drainage, and utility plan entitled “Grading, Drainage & Utility Plan, Prepared for Couto Management Group, LLC Date: March
4, 2021, Revised 4/28/2021, 10/06/2021, 3/14/2024, 8/30/24, 11/07/24, 12/18/24” drawn by Baxter Nye Engineering & Surveying, Sheet C3.0 (“New Grading, Drainage & Utility Plan”);
WHEREAS, the Developer has caused to be created a new first floor plan entitled “First Floor / New RampDate 10/31/24, Job Location Hyannis, MA 442 Main Street” drawn by James D. Smith
Architects Sheet S-1.0 (“New First Floor Plan”), showing the location of the platform and ramp;
WHEREAS, the Developer has caused to be created a new West Elevations Plan entitled “Proposed Elevations; Signage Information Date 09/24/24, Job Location Hyannis, MA 442 Main Street”
drawn by James Smith Architects, Sheet A-5.1 (“New West Elevations Plan”);
WHEREAS, the Developer has caused to be created a new North and East Elevations Plan entitled “Proposed Elevations; Signage Information Plan Date 09/24/24, Job Location Hyannis, MA 442
Main Street” drawn by James Smith Architects, Sheet A-5.0 (“New North and East Elevations Plan”) showing the proposed HVAC components on the roof of the East Elevation of the building
with associated Trex decking, white vinyl posts, and the new proposed size, location, and layout of the second-floor windows on the North elevation;
WHEREAS, as shown in the New Site Layout Plan, New Grading, Drainage & Utility Plan, New First Floor Plan, and New North and East Elevations Plan,and New West Elevations Plan, the platform,
ramp, and clearance barmay be constructed without changes to the number or relative placement of landscape plantings, or the number or configuration of parking spaces as set forth in
the Original Agreement. Additionally, as shown in the New North and East Elevations Plans, the proposed HVAC components are appropriately screened from view, the alternative window configuration
on the North Elevation is more in keeping with the second-floor residential apartments, and the substitution of two (2) 2.0 sq. ft. “DD” signs with one (1) 3.97 sq. ft. “Dunkin’” sign
reduces the total number of signs and is a reduction ofthe total sign area on the East Elevation;
WHEREAS, the Developer and the Town agree that the proposed modifications to the Original Agreement as set forth herein are minor and do not alter the use, intensity, or mitigation stipulations
of the Original Agreement;
WHEREAS, the Barnstable Code authorizes the Town Manager to enter into, make and execute minor modifications to Regulatory Agreements on behalf of the Town;
NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged
each party to the other, the Developer and Town do hereby agree to amend the Original Agreement and covenant as follows:
This Second Amendment to Regulatory Agreement contains only minor amendments as they do not alter the use, intensity, or mitigation stipulations of the Original Agreement.
The fourth bullet point in Paragraph 1B of the Agreement shall be stricken and the following new bullet point shall be substituted therefore in its place:
Install new Anderson white vinyl windows to match as nearly as possible the existing windows on the East, South, and West Elevations. The Developer is permitted to utilize an alternative
window layout for the second floor of the North Elevation as shown in the updated Plan.
The existing subparagraph 2(a) of the Agreement shall be stricken and the following new Paragraph 2(a) shall be substituted therefore in its place:
a. “First Floor Plan / New Ramp 10/31/24, Job Location Hyannis, MA 442 Main Street” drawn by James D. Smith Architects Sheet S-1.0;
The existing subparagraph 2(d) of the Original Agreement shall be stricken and the following new Paragraph 2(b) shall be substituted therefore in its place:
d. “Site Layout Plan, Prepared for Couto Management Group, LLC Date: March 4, 2021 Revised 4/28/2021, 10/06/2021, 3/14/2024, 8/30/24, 11/07/24, 12/18/24” drawn by Baxter Nye Engineering
& Surveying, Sheet C2.0;
The existing subparagraph 2(e) of the Agreement shall be stricken and the following new Paragraph 2(e) shall be substituted therefore in its place:
e. “Grading, Drainage & Utility Plan, Prepared for Couto Management Group, LLC Date: March 4, 2021, Revised 4/28/2021, 10/06/2021, 3/14/2024, 8/30/24, 11/07/24, 12/18/24” drawn by Baxter
Nye Engineering & Surveying, Sheet C3.0 (“New Grading, Drainage & Utility Plan”);
Add an additional subparagraph 2(f) immediately after subparagraph 2(e)
f. “Proposed Elevations; Signage Information Plan Date 09/24/24, Job Location Hyannis, MA 442 Main Street” drawn by James Smith Architects, Sheet A-5.1, and, in the event of conflict
with other Redevelopment Plans, this sheet shall control;
Add the following additional subparagraph 2(g) immediately after subparagraph 2(f)
g. “Proposed Elevations; Signage Information Plan Date 09/24/24, Job Location Hyannis, MA 442 Main Street” drawn by James Smith Architects, Sheet A-5.0, and, in the event of conflict
with other Redevelopment Plans, this sheet shall control;
The existing subparagraph 17 (c)(iv) of the Agreement shall be stricken and the following new Paragraph 17(c)(iv) shall be substituted therefore in its place:
iv. Section 240-71 B limits the maximum square footage of all signs to the lesser of 50 square feet or 10% of the building face. The project proposes77.36 sq. ft. of business signage
area, 8.25 sq. ft. of directional signage area, and 8.69 sq. ft. of Tenant signage area, for a total sign area of 94.3 sq. ft.
The existing subparagraph 17 (c)(v) of the Agreement shall be stricken and the following new Paragraph 17(c)(v) shall be substituted therefore in its place:
v. Section 240-71C provides the maximum size of any freestanding sign shall be 12 square feet. The project proposes two freestanding signs that exceed 12 square feet; the Monument Sign
(14.24 sq. ft.) and the Menu Board (25.86 sq. ft.).
The existing subparagraph 17 (c)(vi) of the Agreement shall be stricken and the following new Paragraph 17(c)(vi) shall be substituted therefore in its place:
vi. Section 240—65A limits each business to two signs. The project proposes seven (7) business signs, three (3) directional signsfor the Dunkin store as follows:
1. Monument Sign 14.24 sq. ft.
2. South Elevation 8.69 sq. ft. (“Dunkin”)
3. South Elevation 4.0 sq. ft. (“DD”)
4. East Elevation3.97 sq. ft. (“Dunkin”)
5. Clearance Bar Sign3.05 sq. ft.
6. North Elevation17.55 sq. ft. (“DD”)
7. Menu Board25.86 sq. ft.
8. Directional #12.75 sq. ft.
9. Directional #22.75 sq. ft.
10. Directional #32.75 sq. ft.
The Redevelopment also proposes one additional sign for a Tenant (South Elevation 8.69 sq. ft.). Further tenant signage may be requested at a future date.
The existing subparagraph 17 (c)(viii) of the Agreement shall be stricken and the following new Paragraph 17(c)(viii) shall be substituted therefore in its place:
viii. Section 240-65J limits the size of the menu sign or board to three square feet. The project proposes a menu sign containing 25.86 sq. ft.
The existing subparagraph 17 (c)(ix) of the Agreement shall be stricken and the following new Paragraph 17(c)(ix) shall be substituted therefore in its place:
ix. Section 240-75A allows for directional signs provided such signs do not exceed one square foot in area nor be more than three feet high. The project proposes three (3) directional
signs, each containing 2.75 square feet, and each being 4 feet 10 inches tall.
The existing subparagraph 17 (c)(x) of the Agreement shall be stricken.
IN WITNESS WHEREOF, the parties have hereunto caused this First Amendment to Regulatory Agreement to be executed on the day and year first above written.
Developer:Town of Barnstable
S&C Realty Investment Co., LLC
Signature: ____________________Signature: ____________________
By: Jose S. CoutoBy: Mark S. Ells
Its: ManagerTown Manager
Date: ________________Date: ________________