HomeMy WebLinkAbout2025-195
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B. NEW BUSINESS (Refer to Public Hearing 7/17/2025)
BARNSTABLE TOWN COUNCIL
ITEM# 2025-195
INTRO: 06/26/2025
2025-195 AUTHORIZING THE TOWN MANAGER TO EXECUTE A DEVELOPMENT
AGREEMENT BY AND AMONG THE TOWN OF BARNSTABLE,
SHOESTRING PROPERTIES, LLC, LOCATED AT 110 AND 115 SCHOOL
STREET, MAIN STREET TIMES, LLC, LOCATED AT 319 AND 331 MAIN
STREET, AND 259 NORTH STREET LLC, LOCATED AT 310 BARNSTABLE
ROAD, HYANNIS
ORDERED: That the Town Council hereby authorizes the Town Manager pursuant to Section 9-6 of
Chapter 9 and Chapter 168 of the Town Code of the Town of Barnstable (the “Code”), to enter into and
execute a Development Agreement by and among the Town of Barnstable and three Applicants:
1. Shoestring Properties, LLC for the properties located at 110 & 115 School Street, Hyannis, MA
02601 (“Dockside”), as shown on Town of Barnstable Assessors Map 326, Parcels 121 and 125,
and more particularly described in Book 10473, Page 204, and Book 642, Page 74.
2. Main Street Times LLC for properties located at 319 and 331 Main Street, Hyannis, MA 02601
(“Cape Cod Times”), as shown on the Town of Barnstable Assessors Map 327, Parcels 102 and
106 and more particularly described in Book 32746, Page 290.
3. 259 North Street LLC for property located at 310 Barnstable Road, Hyannis, MA 02601 (“310
Barnstable “), as shown on the Town of Barnstable Assessors Map 310, Parcel 143 and more
particularly described in Barnstable County Land Registration Office of the Land Court Registry
Certificate #137681, as shown on Land Court Plan 16462-A Lot C, 16462-E Lot 2.
Collectively the three properties are referred to as the “Applicants’ Properties.”
This Development Agreement grants the requested relief concerning the Applicants’ requirements to
dedicate a total of ten (10) residential housing units, in perpetuity, to the Town of Barnstable’s
Inclusionary Affordable Housing Inventory, as required for the development of the Applicants’
Properties under Chapter 9, Article 1, of the Code and as part of their project permitting. The Town
Council further authorizes the Town Manager, on behalf of the Town, to acquire, for no monetary
consideration, from 259 North Street LLC a perpetual Affordable Housing Restriction, pursuant to G.L.
c. 184, sections 31-32 and meeting the requirements for the Deed Restriction, as defined in the
Development Agreement. It is hereby further ordered that the Town Manager is authorized to accept,
negotiate, execute, receive, deliver and record any written instruments necessary to effectuate this Order.
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DEVELOPMENT AGREEMENT
BY AND AMONG
THE TOWN OF BARNSTABLE
AND
SHOESTRING PROPERTIES, LLC
MAIN STREET TIMES, LLC
259 NORTH STREET, LLC
This Development Agreement ("Agreement") is entered into by and among the applicants, Shoestring
Properties, LLC, Main Street Times LLC , and 259 North Street LLC (collectively the
“Developers” or “Applicants”) and the Town of Barnstable (the "Town"), a Massachusetts municipal
corporation with a mailing address of 367 Main Street, Hyannis, MA 02601, on this ____ day of
__________, 2025, pursuant to Chapter 9, “Affordable Housing,” of the Code of the Town of Barnstable
(“Chapter 9”) and Chapter 168 of the Code of the Town of Barnstable (“Chapter 168”). The Applicants
are Massachusetts limited liability companies and share the mailing address of 297 North Street,
Hyannis, MA 02601.
WITNESSETH:
WHEREAS, pursuant to Section 9-6 of Chapter 9 and Chapter 168 of the Town Code, the Town of
Barnstable is authorized to enter this Agreement with the Developers.
WHEREAS, pursuant to Section 9-6 of Chapter 9 and Chapter168 of the Town Code, the Town of
Barnstable may enter into Development Agreements with qualified applicants in areas shown on the
Regulatory Agreements District Map. Chapter 9 authorizes the Town to enter into Development
Agreements “in accordance with Section 14 of the Cape Cod Commission Act … which provides for the
development of affordable housing in the Town and establishes the permitted uses, densities, location
and other characteristics of the development.” The subject properties are located within the area
delineated for regulatory agreements.
WHEREAS, the Town of Barnstable has issued and approved building permits for the Developers’
Properties at Shoestring Properties, LLC Project at 110 and 115 School Street, Hyannis, MA 02601
(“Dockside”); Main Street Times LLC Project at 319 and 331 Main Street, Hyannis, MA 02601 (“Cape
Cod Times”); and 259 North Street LLC Project at 310 Barnstable Road, Hyannis, MA 02601
(“Barnstable Road”) as described herein. Each Developer’s project is referred to herein, as applicable, a
“Property”; and the Developers’ projects collectively referred to as the “Properties.” The Properties are
defined more specifically in “Exhibit A” attached hereto and incorporated herein.
WHEREAS, each such approval and building permit was subject to the Developers each designating a
number of one-bedroom and two-bedroom units to the Town of Barnstable Inclusionary Affordable
(“Inclusionary Affordable”) rental or ownership inventory with Deed Restrictions in perpetuity as
required by Chapter 9.
WHEREAS, there are ten (10) total units required to be so designated as Inclusionary Affordable Units
by the Developers broken down as follows:
• Dockside at 110 and 115 School Street(5): (3) 1BR Units; (2) 2BR Units
• Cape Cod Times at 319 and 331 Main Street2 (2): (1) 1BR Unit; (1) 2BR Unit
• Barnstable Road at 310 Barnstable Road(3):(2) 1BR Units; (1) 2BR Unit
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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) as Inclusionary Affordable Units;
WHEREAS, 310 Barnstable Road 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 Developers 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 Chapter 9 of the Town
Code and by redirecting and dedicating seven (7) of the Inclusionary Affordable Units to 310 Barnstable
Road, the Developers will fulfill their obligations to the Town under the Developers’ project permitting
and Chapter 9.
WHEREAS, the Town and Developers desire to enter into a Development Agreement and this
Agreement reflects their respective understandings and agreements with regard to the proposed
redirection and designation of seven of the Inclusionary Affordable units to 310 Barnstable Road.
WHEREAS, the Developers commit to designation of ten (10) Inclusionary Affordable units in
accordance with this Agreement and shall provide that 70% of the units be designated for town
residents.
WHEREAS, the Developers have agreed that of the two two-bedroom units to be relocated from
Dockside to 310 Barnstable, the Developers will upgrade the units to three-bedroom units, which are in
very high demand;
WHEREAS, the Developers have represented that the Developers’ projects, individually or collectively,
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 Growth Improvement Zone (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 of the Inclusionary Affordable Units to 310
Barnstable Road and the Town’s release of the Inclusionary Affordable Units at Dockside and Cape Cod
Times was reviewed and approved by the Barnstable Housing Committee on January 23, 2025, at which
time the Committee voted 3:0 to recommend favorable action.
WHEREAS, the Agreement has undergone a public hearing, which was opened and closed on February
24, 2025, and received an affirmative 4:0 majority vote from the Planning Board on February 24, 2025;
and,
WHEREAS, the Agreement has undergone a public hearing which opened on ___________ and closed
on _____________ before the Barnstable Town Council and received a __________________vote on
______________, 2025;
NOW, THEREFORE, for and in consideration of the rights and privileges set forth in this
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Agreement and in accordance with its terms, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Developers, for themselves and their
successors and assigns, hereby grant and jointly and severally agree that the Properties shall be
subject to the following rights and restrictions which are hereby imposed for the benefit of, and
enforceable by the Town.
1. Definitions.
In this “Agreement”, in addition to the terms defined above, the following words and phrases shall have
the following meanings:
Area means the Metropolitan Statistical Area which includes the Town.
Deed Restriction shall have the meaning set forth in Section 2(e) below.
Eligible Tenant means an individual or household earning no more than 100% of the Barnstable area
median income (AMI), as most recently published by HUD. If HUD discontinues publication of
median income statistics, then the Monitoring Agent shall designate another measure of eligible
income.
HUD means the United States Department of Housing and Urban Development.
Monitoring Agent means the Town or any successor or designee appointed by the Town.
Inclusionary Affordable Unit means a dwelling unit that by deed restriction is and will remain(a)
available for sale and sold at a selling price that will result in an annual shelter cost of not more than
30% of the annual household income of a qualified affordable housing unit purchaser or (b) available
for rental and rented at an annual rent that will result in an annual shelter cost of not more than 30% of
the annual household income of a qualified affordable housing unit tenant, not including any unit
rented to a tenant receiving rental assistance under 42 U.S.C. section 1437f or any similar rental
assistance program
Term means in perpetuity.
2. Affordability
The Developers agree to construct the project in accordance with plans and specifications approved by
the Town and shall comply with the following requirements:
a. On or within ninety (90) days from the effective date of this Agreement, the Developers will
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.
b. On or within ninety (90) days from the effective date of this Agreement, the Developers will
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 encumbered with a Deed Restriction as Inclusionary
Affordable units.
c. The Developers will then have a total of ten (10) Inclusionary Affordable Units at 310
Barnstable Road immediately available for use and occupancy, rather than waiting several years
for the Dockside at 110 and 115 School Street five (5) units to be built and occupied. The seven
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inclusionary units at 310 Barnstable Road will be immediately available for rent in lieu of the
five units at the Dockside and the two units at Cape Cod Times at 319 and 331 Main Street. Of
the 10 Units, 70% will be dedicated to Town residents.
d. The Developers will be responsible for all costs associated with redesignation of the seven (7)
Inclusionary Affordable units from Cape Cod Times and Dockside to 310 Barnstable Road,
including the payment of all recording fees to record the Deed Restrictions and discharging the
current deed restrictions on the Cape Cod Times and Dockside.
e. “Deed Restriction” in this Agreement shall mean a perpetual Affordable Housing Restriction,
which shall run with the land comprising the applicable 259 North Street LLC’s property at 310
Barnstable Road, as described in Exhibit A, to be granted by the property owner, 259 North
Street LLC, and accepted in writing by the Town pursuant to G.L. c. 184, §§ 31-32, and
addressing, at a minimum, the requirements for the (10) Inclusionary Affordable Units and
Sections 9-7 and 9-8 of Chapter 9 and Chapter 168 of the Town Code. The Parties understand
and acknowledge that the Deed Restriction will require approval by the state Executive Office of
Housing and Living Communities (EOHLC). If EOHLC withholds approval or fails to act on the
Deed Restriction required under this Agreement, then the Town may rescind the Agreement and
the Developers’ obligations for Inclusionary Housing Units, including the location of the units,
will be as existing prior to execution of the Agreement.
Prior to finalizing and executing the Deed Restriction, the Developers, at their sole cost, shall
cause a licensed attorney in good standing in the Commonwealth to undertake a title examination
and certify title to the 310 Barnstable Road properties, as described in Exhibit A, in writing to
the Town of Barnstable. The title examination and certification shall be performed to
specifications acceptable to the Town and shall include a detailed narrative of title.
Prior to recording the executed Deed Restriction, the Developers shall cause any lien, mortgage,
easement, or other encumbrance or interest of record affecting the 310 Barnstable Road property,
as described in Exhibit A, to be fully subordinated, with no conditions and subject to the consent
of the Town, to the Deed Restriction. The Developers shall cause said subordination instruments
to be recorded prior to recording the Deed Restriction. The Deed Restriction, subordination
instruments and any other necessary documents shall be recorded at the expense of the
Developers.
f. The Developers agree not to apply for Certificates of Occupancy for the Properties until all
conditions of this Agreement have been met, including finalizing and recording the Deed
Restriction.
g. This Agreement is transferable to a person or entity other than the Developers (hereafter, the
“Transferees”) with prior written notice to the Town Manager and contingent upon the
Developers demonstrating in writing their compliance with all the requirements of this
Agreement and subject to the written consent of the Town Manager. However, no such notice to
the Town shall be effective unless it includes a written acknowledgment by the Transferees that
they have read this 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 Developers are in
compliance with all the then-applicable requirements of the Agreement, the Transferees and the
Town Manager shall execute a minor amendment to this Agreement acknowledging: the
Transferees are a signatory to this Agreement, the Transferees agree to be bound by the terms
and conditions set forth herein and any subsequent amendments hereto, and that the Transferees
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assume all obligations under the Agreement. No Planning Board or Town Council approval is
required for such a minor amendment acknowledging such a transfer in ownership.
h. This Agreement may not be used to prevent the Town of Barnstable or other governmental
agency from requiring qualified applicants to comply with the laws, rules and regulations and
policies enacted after the date of this 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 Town.
3. Non-discrimination.
The Developers shall not discriminate on the basis of race, creed, religion, color, sex, age,
handicap, marital status, national origin, sexual orientation, familial status, genetic information,
ancestry, children, receipt of public assistance, or any other basis prohibited by law in the selection of
tenants; and the Developers shall not so discriminate in connection with the employment or
application for employment of persons for the construction, operation or management of the
Properties.
4. Inspection.
The Developers agree to comply and to cause the Properties to comply with the Agreement
application as approved by the Barnstable Housing Committee at its meeting of January 23, 2025 and
by the Planning Board at its meeting of February 24, 2025, and all other applicable laws, rules and
regulations. The Town shall have access during normal business hours to all books and records of the
Developers and the Properties upon reasonable prior written notice to the Developer in order to
monitor the Developers’ compliance with the terms of this Agreement but without any unreasonable
interference with the operations at the Properties.
5. Recording.
Upon execution, the Developers shall immediately cause this Agreement and any amendments
hereto to be recorded with the Barnstable County Registry of Deeds, or, if the Properties consist in
whole or in part of registered land, file this Agreement and any amendments hereto with the Registry
District of the Land Court for the County where the Properties are located (collectively hereinafter the
“Registry of Deeds”), and the Developers shall pay all fees and charges incurred in connection
therewith. Upon recording or filing, as applicable, the Developers shall as soon as possible transmit to
the Town evidence of such recording or filing including the date and instrument, book and page or
registration number of the Agreement.
6. Representations.
The Developers hereby represent and warrant as follows:
(a) The Developers (i) have the power and authority to own their properties and assets
and to carry on its business as now being conducted, and (ii) have the full legal right, power and
authority to execute, deliver and fully perform their obligations under this Agreement.
(b) The execution and performance of their obligations under this Agreement by the
Developers
(i) will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any
order of any court or other agency or governmental body to which the Project or Properties are
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subject, and
(ii) will not violate or, as applicable, has not violated any provision of any indenture, agreement,
mortgage, mortgage note, or other instrument to which the Developers are parties or by which they or
the Project or Properties are bound, and (iii) will not result in the creation or imposition of any
prohibited encumbrance of any nature.
(c) The Developers will, at the time of execution and delivery of this Agreement, have
good and marketable title to the Properties free and clear of any lien or encumbrance (subject to
encumbrances created pursuant to this Agreement, any loan documents relating to the Project or
Properties, or other permitted encumbrances, including mortgages referred to in paragraph 12,
below).
(d)There is no action, suit or proceeding at law or in equity or by or before any
governmental instrumentality or other agency now pending, or, to the knowledge of the Developers,
threatened against or affecting it, or any of its properties or rights, which, if adversely determined,
would materially impair its right to carry on business substantially as now conducted (and as now
contemplated by this Agreement) or would materially adversely affect their financial condition.
7. Transfer Restrictions.
Subject to demonstrating compliance in writing and the consent of the Town Manager as set
forth in Section 2(g) above and prior to any approved transfer of ownership of the Project or
Properties, the Developers agree to secure from the Transferee a written agreement stating that
Transferee will assume in full the Developers’ obligations and duties under this Agreement and
provide a copy of said executed written agreement to the Town thirty (30) days prior to any such
transfer.
8. Amendment.
Any Developer that is party to this Agreement may petition the Town of Barnstable to amend or
rescind this Agreement pursuant to the terms of Chapter 168-10 of the Town Code.
9. Notices.
All notices to be given pursuant to this Agreement shall be in writing and shall be deemed
given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return
receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a
party may from time to time designate by written notice.
IN WITNESS WHEREOF, the Parties, each duly authorized, have hereunto caused this Agreement to be
executed as a sealed instrument on the day and year first above written.
Applicants: Town of Barnstable
By:
Shoestring Properties, LLC
By its sole manager:
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Holly Management and Supply Corporation
________________________ __________________________
Stuart A. Bornstein, Mark S. Ells, Town Manager
President and Treasurer
Date: ___________________ Date: ______________________
Main Street Times LLC
By:
_________________________________
Aaron B. Bornstein, Manager
Date:_____________________________
259 North Street LLC
By its sole manager:
Holly Management and Supply Corporation
________________________________
Stuart A. Bornstein
Date:______________________________
EXHIBIT A
PROPERTY DESCRIPTION
Property address: 110 and 115 School Street, Hyannis, MA 02601(Dockside); Assessors Map 326, Parcels 121
and 125
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
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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: 331 Main Street, Hyannis, MA 02601 (Cape Cod Times); Assessors Map 327, Parcels 102 and
106
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’East 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 South 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 32746, Page 290.
Property address: 319 Main Street, Hyannis, MA 02601 (Cape Cod Times)
The land together with any buildings thereon located at 331 Main Street Hyannis, Barnstable County,
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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 70.
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 Book 32746, 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 02601 (Barnstable Road); Assessors Map 310, Parcel 143
The land situated in the Town of Barnstable (Hyannis), Barnstable County, Massachusetts being shown as LOT
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.
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BARNSTABLE TOWN COUNCIL
ITEM# 2025-195
INTRO: 06/26/2025
SUMMARY
TO: Town Council
FROM: Jim Kupfer, AICP, Planning & Development Director
THROUGH: Mark Ells, Town Manager
DATE: July 17, 2025
SUBJECT: Authorizing the Town Manager to execute a Development Agreement by and among the
Town of Barnstable, Shoestring Properties, LLC, located at 110 and 115 School Street,
Main Street Times, LLC, located at 319 and 331 Main Street, and 259 North Street LLC,
located at 310 Barnstable Road, Hyannis
BACKGROUND: Pursuant to Section 9-6 of Chapter 9 of the Town Code, the Town may enter into
Development Agreements for Inclusionary Affordable Housing Requirements under Chapter 9, Article
1, of the Town Code in areas delineated on the Regulatory Agreements District Map. Applicants may
apply to enter into a Development Agreement pursuant to and following the process for Regulatory
Agreements under Chapter 168 of the Town Code. The subject properties are located within the area
delineated for such agreements. Pursuant to Section 168-5 of Chapter 168 , no such agreement may be
executed by the Town Manager without there first being an affirmative, majority vote by the Planning
Board and the Town Council recommending the execution of the regulatory agreement.
Shoestring Properties LLC, Main Street Times LLC, and 259 North Street LLC seek to enter into a
Regulatory Agreement with the Town of Barnstable to deed-restrict seven affordable units located at
310 Barnstable Road, in lieu of the five affordable units required at the Dockside development (110 &
115 School Street) and two affordable units required at the Cape Cod Times building (319 & 331 Main
Street).
On December 2, 2024, Shoestring Properties, LLC, Main Street Times LLC, and 259 North Street LLC
submitted an application to the Planning Board for a Development Agreement pursuant to Chapters 9
and 168 of the Town Code.
The Planning Board held a duly-posted and noticed public hearing on the proposal on February 24,
2025. At the conclusion of the hearing, the Planning Board unanimously voted to recommend Town
Council to execute the Development Agreement consistent with the final agreement reviewed by the
Board.
FINANCIAL IMPACT: Approval of the proposed Development Agreement will have no significant
fiscal impact.
STAFF ASSISTANCE: Jim Kupfer, AICP, Planning & Development Director