HomeMy WebLinkAbout2025-08-13_ZBA-Hearing31
35 Wilkens Lane, Hyannis
Zoning Board of Appeals
Special Permit
New England Development
August 13, 2025
Project Team
Harbor PlaceNew England Development (NED)
•John Twohig
•Paul Cincotta
•Mark Jackson
Counsel for NED
•Mike Ford (Ford & Ford)
•Tim Sullivan (Goulston & Storrs)
Hanover Company
•David Hall
•Steve Dazzo
•Nate Cheal (Tetra Tech)
Vanasse & Associates
•Jeff Dirk (Traffic)
Agenda
•Introduction
•Special Permit Criteria
•The Proposed Project Satisfies each of the Applicable Special Permit
Criteria
•Summary of Project Benefits
•Proposed Additional Conditions
•8 Proposed Conditions in Response to what we Heard on 7/9
•CFAC Fiscal Analysis Review
•CFAC Concluded that the financial Impact of Wilkens 2 on the net
Barnstable revenue will be greater than estimated
Special Permit Criteria
Under §240-125C(1)-(3), a special permit shall be granted if the following criteria are satisfied:
The application falls within a category specifically
excepted by Chapter 240;
Yes, multifamily dwellings (apartments)
on a lot, any portion of which is set
back greater than 1,000 feet from Kidd’s
Hill Road within the Mixed-Use
Subzone, shall be allowed by Special
Permit
An evaluation of all the evidence presented at the
public hearing shows that the project fulfills the spirit
and intent of the Chapter, without substantial
detriment to the public good in the neighborhood;
and
Yes, the Chapter contemplates and
allows multi-family housing and the
Project provides significant public
benefits as evidenced in the public
hearings and this presentation.
If the project has undergone site plan review and
been found approvable in accordance with Article IX
of the zoning ordinance.
Yes, the Project received Site Plan
Approval on April 17, 2025
Project Benefits
•CFAC reviewed and concluded an annual positive “net fiscal impact”, after accounting for impacts
to police, fire, schools, etc., of $484,519 to the Town and $83,464 to the Barnstable Fire District
totaling $567,983.
•The Project Provides Year-Round Housing For Residents of Cape Cod, Including 42-Units Reserved
for Those Making Less Than 65% and 80% of Area Median Income. A ll units must be leased for a
term of not less than 12 months, provided that 10% of the units may be leased for a term of less
than 12 months but not less than 6 months.
•The Project Improves Public Infrastructure through Transportation Mitigation and a Contribution of
$324,000 to Offset Congestion Impacts in the Town.
•The Project is a Redevelopment of a Former Sand Mining Operation.
•The Project Will Result in Improvements to Pedestrian Infrastructure, Including Upgrading
Infrastructure to be Compliant With the Americans With Disabilities Act.
•The Project Will Utilize High-Efficiency Electric Heat Pumps for Heating, Reducing the Regional
Reliance on Fossil Fuels.
•The Project is Walkable to Amenities Including Retail and Dining Establishments, and it is Located
Within Walking Distance of Public Bus Routes and Hathaway’s Pond.
Proposed Conditions
In Addition to the Current Benefits Provided by the Project, the Project Proposes
the Following Additional Conditions in Response to Public Comments About
Making the Project Better:
•Water Connection
•Sidewalk Connection
•Pedestrian Connectivity
•Solar Installation
•Affordability –Local Preference
•Power Agreement
•Affordable Residences
•Sewer System Development Contribution
Water Connection
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 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.
YES, we will:
•Provide two water connections fed off of 12-inch water
mains on different streets
•Submit water main plans to the Water Department
•Comply with all connection fees and the Water Balance
Program
Sidewalk Mitigation
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.
YES, We Will:
•Construct Internal ADA-compliant Sidewalks and Connections
to Wilkens and Phase 1
•Construct the Missing Portion of Sidewalk on Wilkens
•Installation/Improvements to Pedestrian Signals/Pushbuttons
•$324,000 Mitigation Payment to the Town
Pedestrian Connectivity Plan
3.PEDESTRIAN CONNECTIVITY PLAN:
Applicant agrees to request from the owner of 1550 Phinney’s Lane (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.
YES, We Will:
•Request and if Approved, Fund an Access and Construction
Easement from the Neighboring Property to Construct a
Pedestrian Path to Phinney’s Lane and Hathaway’s Pond
Solar Installation
4.SOLAR INSTALLATION:
Applicant shall install, on the south/southeasterly exposures of all five residential (5) buildings, roof top solar panels.
YES, We Will:
•Install Solar Pannels on the South and West Exposures of all
Five Residential Buildings
Affordability –Local Preference
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.
YES, We Will:
•Provide a Local Preference to Barnstable Residents for the
Affordable Housing Units
•Note: Wilkens 1 Provided a Local Preference to Barnstable
Residents for up to 70% of the Affordable Residences
Power Agreement
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, to the extent permitted by law,requirements regarding the Green Power
Purchase Agreement, as contemplated in Condition No. C18 in the CCC Decision, dated February 27, 2025.
YES, We Will:
•Enter into a Green Power Purchase Agreement to Provide No
Less than 50% of the Project's Power from Renewable Sources
•Provide the Town Copies of Materials Demonstrating the
Project has Entered into A Green Power Agreement
•Provide the Town with a Copy of the Form Lease
Affordable Residences
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.
YES, We Will:
•Work with The Town’s Affordable Housing/Growth and
Development Trust Fund to add up to 8 more Affordable
Housing Residences
•Increases the Total Number of Affordable Residences from 42
to 50 (15.6%)
Sewer System Development Contribution
8.Sewer System Development Contribution:
Prior to the issuance of a Certificate of Occupancy, the Project will provide a one-time sewer system development
contribution in the amount of $244,278 to the Town of Barnstable.
YES, We Will:
•Provide a one-time sewer system development contribution in
the amount of $244,278.
•Equivalent to $10 per gallon per day of sewer generated by
the Project
CFAC Fiscal Analysis Review
At the Request of ZBA Board, the Project Submitted the Fiscal Impact Analysis to the
CFAC for their Review.
The Project Team Attended Three (3) CFAC Meetings and Provided a Memo to CFAC
Answering Several Questions to Support their Review.
CFAC Concluded that the Financial Impact of Wilkens 2 on the Net
Barnstable Revenue will be Greater than what the Project Estimated by
Generating a:
•Positive “Net Fiscal Impact ”, After Accounting for Impacts to Police,
Fire, Schools, Etc., of $484,519 to the Town and $83,464 to the
Barnstable Fire District totaling $567,983.
CFAC Fiscal Analysis Review
In Addition to the Positive “Net Fiscal Impact” of $567,983, the Project will also be Providing
Several On-Time Fees to the Town as Outlined Below:
Reoccurring Net Revenue
(ANNUALLY)One-Time Fees
Town of Barnstable
Net Tax Revenue $484,519
Building Permit Fee (Approx.)$630,000
Sewer Contribution (Voluntary)$244,278
ZBA Application Fee $32,750
DPW Sewer Model Update $25,500
Traffic Congestion Payment $324,000
Barnstable Fire
Net Tax Revenue $83,464
Water Connection Fee (Approx.)$90,000
Total $567,983 $1,346,528
Conclusion
As Detailed in the Submitted Application, the Proposed Project Satisfies each of the
Applicable Criteria and the Applicant Respectfully Requests that the ZBA Grant the
Special Permit
Under §240-125C(1)-(3), a special permit shall be granted if the following criteria are
satisfied:
a)The application falls within a category specifically excepted by Chapter 240;
b)An evaluation of all the evidence presented at the public hearing shows that
the project fulfills the spirit and intent of the chapter, without substantial
detriment to the public good in the neighborhood; and
c)If the project has undergone site plan review and been found approvable in
accordance with Article IX of the zoning ordinance.
Discussion