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HomeMy WebLinkAboutSR-2025-013 Wilkens Lane Properties LLC 35 Wilkins Lane BARN SP REV 8 6 25 Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Special Permit No. 2025-013 – Wilkens Lane Properties LLC 240-125 C. (1)-(3) Zoning Board of Appeals Powers and 240-38.1 (F) Multi-Family Dwellings To allow the construction of 5 residential apartment buildings (total of 320 units) and outbuildings and garages Date: May 15, 2025 *REVISED JULY 1, 2025*, *AUGUST 6, 2025* To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant/Owner: Wilkins Lane Properties LLC Property Location: 35 Wilkens Lane, Barnstable, MA Assessor's Map/Parcel: 296/039-001 Zoning: Industrial (IND), Residence-G (RG) and Business (B) Zoning Districts Filed: April 25, 2025 Hearing: May 28, 2025 Decision Due: August 3, 2025 Copy of Public Notice Wilkens Lane Properties, LLC has applied for a Special Permit pursuant to Section 240-125 C. (1)- (3) Special Permit Provisions and 240-38.1 F. Mixed-Use Subzone of Medical Services Overlay District. The Applicant seeks to construct 5 residential apartment buildings containing a total of 320 units, which will be served by a combination of surface parking and detached garages. The proposal also includes one single-story clubhouse/leasing building and residential amenities such as a pool, courtyards, outdoor seating areas, grills, and a dog run area. The subject property is located at 0 Wilkens Lane, Hyannis (Barnstable), MA as shown on Assessor’s Map 296 as Parcel 039-001. It is located in the Industrial (IND), Residence G (RG), and Business (B) Zoning Districts, and Medical Services Overlay (MSO), Mixed Use Subzone of the (MSO), and GP & AP Overlay Districts. Background The subject property consists of 17.24 acres located near the intersection of Wilkens Lane and Attucks Lane in Barnstable (Hyannis). The area consists of uses commonly found in industrial districts such as large retail, medical, industrial, and office use. On April 22, 2025, Site Plan Review issued a letter of approvability for the project subject to conditions and concerns from several departments. There were outstanding sewer collection system concerns from DPW and the Department requested the Sewer Connection Plan to include a long list of items. The Barnstable Water Department sought confirmation that water must be shown to be sufficient. Other conditions include off-site pedestrian improvements such as sidewalk connections, street lights, and Pedestrian and Railroad Flashing Beacons where appropriate to enhance multi-modal opportunities (See Site Plan Review letter dated April 22, 2025). The subject property is subject to terms of an amended and restated Development Agreement dated July 5, 2022. Under the terms, the Cape Cod Commission approved the existing 23,500 square foot outpatient medical facility on the Hospital property, and future phases of mixed-uses development on the property. The Applicant has partnered with Hanover Company to develop the next phase of the approved project on the 15.1-acre portion of the property. The current proposal is for 320 units (13% affordable) across five buildings set back from Wilkens Lane. On February Town of Barnstable Planning and Development Department Staff Report Special Permit 2025-013 – Wilkens Lane Properties LLC 2 2025, the Cape Cod Commission issued a Development of Regional Impact approval with conditions. Proposal & Relief Requested Wilkens Lane Properties, LLC has applied for a Special Permit pursuant to Section 240-125 C. (1)- (3) Special Permit Provisions and 240-38.1 F. Mixed-Use Subzone of Medical Services Overlay District. The Applicant seeks to construct 5 residential apartment buildings containing a total of 320 units, which will be served by a combination of surface parking and detached garages. The proposal also includes one single-story clubhouse/leasing building and residential amenities such as a pool, courtyards, outdoor seating areas, grills, and a dog run area. The subject property is located at 0 Wilkens Lane, Hyannis (Barnstable), MA Special Permit Findings For all Special Permits, the Board is required to make general findings pursuant to § 240-125(C). The Board should review the evidence presented by the Applicant, staff, and members of the public and, after weighing such evidence, is encouraged to articulate if and how the evidence contributes to each of the required findings. 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. 2. 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. 3. A Site Plan has been reviewed and found approvable with conditions. Site Plan Review issued an approval letter on April 22, 2025. 4. Under Section 240-38.1 C. The principal permitted uses allowed in the Mixed-Use Subzone shall include all uses permitted in the Medical Services Overlay District, which include all uses permitted in the underlying IND District (including, without limitation, any use permitted in the B and S&D Districts). Additionally, multifamily dwellings (apartments) on a lot within 1,000 feet of Kidd's Hill Road within the Mixed-Use Subzone shall be permitted subject to the following provisions in lieu of the requirements set forth in § 240-21A(9)(a) through (i) or 240-38F, or any other provisions as may be set forth in this chapter: (1) The minimum lot area ratio shall be 1,500 square feet of lot area per each apartment unit for new multifamily structures. (2) The maximum lot coverage shall be 25%. (3) The maximum height shall not exceed 35 feet. [NOTE: Except that for multifamily structures on a lot not less than 10 acres, the maximum building height shall be not more than four stories which shall not be more than 55 feet in height measured to the highest point on the roof (not including antennas or similar roof structures).] (4) The minimum front yard setback shall be 60 feet. (5) The minimum side and rear yard setbacks shall be 30 feet. (6) The maximum floor area ratio shall be 0.75. (7) A perimeter green space of not less than 20 feet in width shall be provided, such space to be planted and maintained as green area and to be broken only in a front yard by a driveway. (8) No living units shall be constructed or used below the ground level. Town of Barnstable Planning and Development Department Staff Report Special Permit 2025-013 – Wilkens Lane Properties LLC 3 (9) Multifamily dwelling units shall be leased for a term of not less than 12 months; provided, however, that up to 10% of the units in a multifamily dwelling development in the Mixed-Use Subzone may be leased for a term of less than 12 months but not less than six months. Suggested Special Permit Conditions Should the Board find to grant Special Permit No. 2025-013, a request to construct 5 residential apartment buildings containing a total of 320 units, which will be served by a combination of surface parking and detached garages with one single-story clubhouse/leasing building and residential amenities such as a pool, courtyards, outdoor seating areas, grills, and a dog run area at 0 (35) Wilkens Lane, Hyannis (Barnstable), MA, it may wish to consider the following conditions: 1. Special Permit No. 2025-013 is granted to Wilkens Lane Properties, LLC for a Special Permit pursuant to Section 240-125 C. (1)-(3) Special Permit Provisions and 240-38.1 F. Mixed-Use Subzone of Medical Services Overlay District to construct 5 residential apartment buildings containing a total of 320 units, which will be served by a combination of surface parking and detached garages including one single-story clubhouse/leasing building and residential amenities such as a pool, courtyards, outdoor seating areas, grills, and a dog run area at 0 (35) Wilkens Lane, Hyannis (Barnstable), MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “Conceptual Site Plans Hanover Hyannis II by TetraTech Sheets C-1 thru C-36 but specifically related to Zoning Board of Appeals Sheets C-8 thru C-12 Site Layout Plans dated August 2, 2024 with a last revision date of April 16, 2025. 3. Applicant agrees to cooperate with the Barnstable Fire District Water Department to obtain the approvals deemed necessary to permit a water service connection to the existing 12 inch water main located at 420 Attucks Lane as more particularly set forth in a letter dated June 6, 2025 from Sean Anderson Water Superintendent to the Zoning Board of Appeals. In the event such approvals are unable to be obtained in 90 days from the date of issuance of this Special Permit, then the Applicant shall proceed with an alternative water system design plan which results in two connections fed off of 12 inch water mains on different streets (first alternative being Wilkins and Attucks and second alternative being Wilkins and Kidds Hill Road). Once the location has been determined, water main plans will be submitted to the Water Department for review and approval and all the applicable connection fees and the applicable provisions of the Water Balance Program will apply. 4. The proposed development shall represent full build-out of the lot. Further changes to the site are prohibited without prior approval from the Board. 5. This decision shall be recorded at the Barnstable County Registry of Deeds and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building Division prior to issuance of a building permit. The rights authorized by this Special Permit must be exercised within two years, unless extended. Suggested Additional Conditions by Applicant 1. WATER CONNECTION: ➢ Applicant agrees to cooperate with the Barnstable Fire District Water Department to obtain the approvals deemed necessary to permit a water service connection to the existing 12-inch water main located at 420 Attucks Lane, as more particularly set forth in a letter, dated June 6, 2025, from Sean Anderson, Water Superintendent, to the Zoning Board of Appeals. In the event such approvals are unable to be obtained within 90 days from the date of issuance of this Special Permit, then the Applicant shall proceed with an alternative water system design plan which results in two Town of Barnstable Planning and Development Department Staff Report Special Permit 2025-013 – Wilkens Lane Properties LLC 4 connections fed off of 12-inch water mains on different streets (first alternative being Wilkins and Attucks and second alternative being Wilkins and Kidds Hill Road). Once the location has been determined, water main plans will be submitted to the Water Department for review and approval and all applicable connection fees and the applicable provisions of the Water Balance Program will apply. 2. SIDEWALK MITIGATION: ➢ Applicant shall install (i) an ADA-compliant sidewalk internal to the site which will connect to the existing sidewalk network on Wilkens Lane at Attucks Lane; and (ii) the traffic mitigation required pursuant to the CCC Decision, including, without limitation, the installation of crosswalks and pedestrian improvements. Additionally, the Applicant is required to make a mitigation payment in the amount of $324,000, to be spent in the Town of Barnstable to offset congestion impacts. All of the foregoing commitments are further set forth in Condition C17 of the CCC DRI Decision filed with the Applicant’s Special Permit Application. 3. PEDESTRIAN CONNECTIVITY PLAN: ➢ Applicant agrees to request from the owner of [insert address] (the “Abutting Land”) an access and construction easement for the construction of a pedestrian path, from the Project site through the Abutting Land to improve connectivity to Phinney’s Lane and Hathaway’s Pond, as shown on a conceptual plan prepared by the Applicant and submitted to the Planning Department prior to the issuance of a final certificate of occupancy for the Project. If permission is granted, such construction to take place at the time of the redevelopment of the Abutting Land. A copy of a letter from the Applicant to the owner of the Abutting Land seeking permission, together with any response shall be filed with Zoning Board of Appeals, which filing shall be considered full compliance with this condition. 4. SOLAR INSTALLATION: ➢ Applicant shall install, on the south and west exposures of all five residential (5) buildings, roof top solar panels. 5. AFFORDABILITY – LOCAL PREFERENCE: ➢ Applicant agrees, working with the Barnstable Housing Trust, to provide, to the maximum extent permitted by applicable law, a local preference for affordable housing units on the Project. 6. POWER AGREEMENT: ➢ Applicant will provide to the Town of Barnstable copies of the monitoring materials it provides to the Cape Cod Commission, demonstrating that the Project has entered into a Green Power Service Agreement so that not less than 50% of the Project’s power shall be from renewable sources. In addition, Applicant will provide the Town with a copy of its form Lease, identifying the Tenant’s obligation to enter into the Green Power Purchase Agreement, as contemplated in Condition No. C18 in the Town of Barnstable Planning and Development Department Staff Report Special Permit 2025-013 – Wilkens Lane Properties LLC 5 CCC Decision, dated February 27, 2025. 7. AFFORDABLE RESIDENCES: ➢ Although the Project will comply with the required 13% affordability requirement, creating approximately 42 affordable residences, in addition, the Applicant agrees to, no later than ten (10) days following the date upon which this Decision becomes final and unappealable, notify the Town of Barnstable “ Affordable Housing/Growth And Development Trust Fund” (the “Trust”) of the terms and conditions upon which the Applicant is willing to enter into an agreement (the “Trust Agreement”) with the Trust whereby the Trust would provide sufficient funding to allow the Applicant to restrict up to eight (8) additional dwelling units for residents with income levels at or below 100% AMI. To the extent the Trust and the Applicant are unable to enter into the Trust Agreement within six (6) months of the date upon which this Decision becomes final and unappealable, the Applicant shall have no further obligations with respect to this condition. Copies: Applicants (Attorney Mike Ford) Attachments: Application Plans