Loading...
HomeMy WebLinkAboutSR - 2026-005 Zoning Amendment w Redline1 Town of Barnstable Planning and Development Department Staff Report Proposed Zoning Amendment Parking Requirements Zoning Amendment Town Council Item No. 2026-005 Date: September 18, 2025 To: Planning Board Members From: Jim Kupfer, AICP, Director of Planning and Development Kyle Pedicini, Assistant Director of Planning and Development A proposal to amend the Town of Barnstable Zoning, Chapter 240, to modify building heights in the Downtown Main Street District and Downtown Village District, has been submitted by the Town Council President. The proposed zoning amendment has completed a first read at Town Council and subsequently has been forwarded to the Planning Board for review. The Planning Board must forward an advisory report with recommendations on the proposed amendment back to the Town Council within 21 days after close of the Board’s hearing. These proposed zoning amendments follow discussions by the Town Council Ad-Hoc Subcommittee regarding necessary updates to Chapter 240 Zoning Ordinance. The Committee has recommended revising height restrictions in the Downtown Main Street District and Downtown Village District to better align with surrounding neighborhoods and prevent a "canyon effect" along Main Street. The amendments eliminate the fourth-story step-back requirement while lowering the overall maximum building height from four stories to 3.5 stories. Procedural Information Zoning amendments are processed in accordance with Massachusetts General Laws (MGL) Chapter 40A Section 5. Notice of this public hearing was provided in accordance with all requirements of MGL 40A§5. The Planning Board must forward an advisory report with recommendations on the proposed zoning amendment to the Town Council within 21 days after close of the Board’s hearing. The recommendation of the Planning Board requires a simple majority of the Planning Board members present and voting. Approval of zoning amendments by the Town Council requires a super-majority (2/3) vote. Enclosed attachment ▪ Order/Rationale for Proposed Amendment with Redlined Edits Page 44 of 127 B. NEW BUSINESS (First Reading) (Refer to Planning Board) BARNSTABLE TOWN COUNCIL ITEM# 2026-005 INTRO: 07/17/2025, 08/21/2025 2026-005 AMENDING THE CODE OF THE TOWN OF BARNSTABLE, PART I GENERAL ORDINANCES, CHAPTER 240 ZONING, ARTICLE III DISTRICT REGULATIONS, TO MODIFY BUILDING HEIGHT REQUIREMENTS IN THE DOWNTOWN MAIN STREET DISTRICT AND DOWNTOWN VILLAGE DISTRICT ORDERED: That the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 240 Zoning, Article III District Regulations, be amended as follows: SECTION 1 By amending Section 240-24-1.6 Downtown Main Street District (DMS) by deleting in subsection A.1 the word “four” and inserting the words “three and one half” in its place. SECTION 2 By further amending Section 240-24.1.6 by deleting in subsection C.6 the word “fourth” and inserting the words “third and one half” in its place. SECTION 3 By further amending Section 240-24.1.6 by deleting in Table 3, under the heading “Building Form” the words “or 4” where they appear after “F - Number of Stories”. SECTION 4 By further amending said Table 3 by deleting in footnote 1 the word “fourth” and inserting the words “third and one half” in its place. SECTION 5 By amending Section 240-24.1.7 Downtown Village District (DV) by deleting in subsection A.1 the word “four” and inserting the words “three and one half” in its place. SECTION 6 By further amending Section 240-24.1.7 by deleting in subsection C.4 the word “fourth” and inserting the words “third and one half” in its place. SECTION 7 By further amending Section 240-24.1.7 by deleting in Table 4, under the heading “Building Form” the words “or 4” where they appear after “F – Number of Stories”. SECTION 8 By further amending said Table 4 by deleting in footnote 1 the word “fourth” and inserting the words “third and one half” in its place. Page 45 of 127 SPONSOR: Craig A. Tamash, Town Council President, Precinct 4 DATE ACTION TAKEN ______ ___________________________ ______ ___________________________ ___Read Item ___Motion to Open Public Hearing ___Rationale ___Public Hearing ___Close Public Hearing ___Council Discussion ___Vote Page 46 of 127 BARNSTABLE TOWN COUNCIL ITEM# 2026-005 INTRO: 07/17/2025, 08/21/2025 SUMMARY TO: Town Council FROM: Mark S. Ells, Town Manager THROUGH: James Kupfer, Director, Planning & Development Department DATE: June 30, 2025 SUBJECT: Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article III District Regulations, to modify building height requirements in the Downtown Main Street District and Downtown Village District BACKGROUND: These proposed zoning amendments follow discussions by the Town Council Ad-Hoc Subcommittee regarding necessary updates to Chapter 240 Zoning Ordinance. The Committee has recommended revising height restrictions in the Downtown Main Street District and Downtown Village District to better align with surrounding neighborhoods and prevent a "canyon effect" along Main Street. The amendments eliminate the fourth-story step-back requirement while lowering the overall maximum building height. 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 proposed changes will reduce maximum allowable building heights within the Downtown Main Street District and Downtown Village District to ensure development remains compatible with existing structures and neighborhood character. The amendment may encourage a more varied and nuanced approach to building height regulations based on location and surrounding properties. FISCAL IMPACT: There is no significant fiscal impact associated with this item. TOWN MANAGER RECOMMENDATION: Mark S. Ells, Town Manager, supports this item. STAFF SUPPORT: James Kupfer, Director, Planning & Development Department Page 47 of 127 § 240-24.1.6. Downtown Main Street District (DMS). A. Intent. 1. The Downtown Main Street District is intended to promote the continuation of a walkable, pedestrian-oriented downtown environment with continuous active streetscape. Development is characterized by mid-rise (two- to three and one half-story four) mixed-use buildings, continuous street walls and variety of materials with parking visually minimized. Land uses are mixed residential and active commercial, including retail, restaurant, office, hospitality, cultural and institutional. B. Lot standards. 1. Newly platted lots must be dimensioned as specified by Table 3. 2. Building facades must have a minimum width that is equal to a percentage of a lot's width and is specified as the facade buildout by Table 3. (a) Facade buildout is calculated by dividing the total width of all facades by the lot width and may be cumulatively calculated by multiple buildings. (b) The open space of a forecourt is considered part of the building for the purpose of measuring building width and facade buildout. (c) The SPGA may provide relief from the facade buildout requirements; the Board must find the issuance of the special permit is consistent with the design and infrastructure plan. Facade Build Out Single Building per Lot = A ÷ B C. Building standards. Multiple Buildings per Lot = (A + A) ÷ B 1. Multiple principal buildings are permitted per lot. 2. Principal buildings are permitted as specified by Table 3. (a) Additional principal buildings are exempt from the required maximum front setback. 3. Principal building facade(s) must be built parallel to any primary front lot line, at or Town of Barnstable, MA § 240-24.1.6 Page 48 of 127 between the minimum and maximum front setbacks. 4. Any building contributing toward the frontage buildout for any lot fronting Main Street between Ocean Street and Sea Street must provide ground story commercial space that is at least 20 feet in depth for 100% of the total width of the building, excluding lobby entrances and other means of egress associated with the use of upper stories. 5. Awnings, canopies, signs, balconies, and non-habitable architectural features of a building may project over the public sidewalk but must provide at least eight feet of clearance and a license from the Town Manager in accordance with Barnstable General Ordinances, Part 1, Chapter 121, § 121-6J is required. 6. The fourth third and one half story of any building must be recessed ("stepped back") from the facade of the stories below at least eight feet. 7. Mechanical and stairwell penthouses and building systems equipment must be setback from any exterior wall a distance that is equal to their height. 8. Facades may not have any blank wall areas without fenestration or architectural surface relief greater than 20 feet measured both vertically and horizontally for all stories of a building for any facade. 9. Loading and service areas may not be visible from any public sidewalk of Main Street. D. Design guidelines. 1. The development of any new principal building should include a pedestrian passage connecting the sidewalk at the front of the property to any parking areas to the rear of the building, to every extent practicable, where no such pedestrian passage exists within 200 linear feet of the building's principal entrance. Town of Barnstable, MA § 240-24.1.6 Page 49 of 127 2. When provided, pedestrian passages may be designed as an open-air passage between buildings, a covered atrium providing continuous protection from the elements, or as an up to two-story passage through a building. E. Use provisions. 1. Limitations. (a) Occupation of a single commercial space greater than 5,000 square feet by any food and beverage service or retail sales use requires a special permit. (b) The maximum number of dwelling units permitted for any multiunit dwelling residential use is determined by the permitted dimensions of the building and the actual motor vehicle parking spaces provided on a lot as required by Table 2. F. Site standards. 1. Driveways, vehicular entrances to parking lots or structures, and curb cuts may be no wider than 24 feet. G. Landscape standards. 1. A front landscape area is not required if the front setback is zero. When a setback is greater than zero, those portions of the setback not occupied by pedestrian amenities and public spaces shall be landscaped including one canopy tree to be planted every 30 feet of frontage of the property. 2. A side or rear landscaped area at least six feet wide must be provided along any side or rear lot line abutting a lot in Downtown Neighborhood (DN) district and must include the following features over the span of 50 linear feet: (a) Two understory or evergreen trees. (b) Three medium shrubs and three small shrubs or a fence or wall at least six feet in height. H. Parking standards. 1. For development on any through lot fronting Main Street, parking access must be provided from the non-Main-Street frontage. Town of Barnstable, MA Page 50 of 127 Table 3. DMS Dimensional Standards Lot Building Form Lot width 30 feet minimum E - Building width 180 feet maximum Lot coverage 100% maximum F - Number of stories 3.5 or 4 maximum1 Facade buildout (minimum) — G - Ground story height — Primary frontage 80% minimum Commercial 14 feet minimum Secondary frontage 40% minimum Residential 10 feet minimum Setbacks - Principal Buildings H - Upper story height 10 feet minimum A - Primary front setback 0 foot minimum 15 feet maximum Building Features B - Secondary front setback 0 foot minimum 15 feet maximum Ground story fenestration — C - Side setback 0 foot minimum Primary frontage 60% minimum D - Rear setback 0 foot minimum Secondary frontage 15% minimum Upper story fenestration 15% minimum Blank wall 20 feet maximum Commercial space depth 20 feet minimum 1 See § 240-24.1.6C6 (fourth third and one half story step-back). Town of Barnstable, MA Page 51 of 127 § 240-24.1.7. Downtown Village District (DV). A. Intent. 1. The Downtown Village District is intended to promote mixed land uses that support the downtown core and reestablish or preserve traditional neighborhood forms and pedestrian orientation. Development is characterized by mid-rise (two- to three and one halffour-story) single-use buildings and detached and semi-detached residential buildings. B. Lot standards. 1. Newly platted lots must be dimensioned as specified by Table 4. 2. Lot coverage may not exceed the maximum specified by Table 4. 3. Building facades must have a minimum width that is equal to a percentage of a lot's width and is specified as the facade buildout on Table 4. (a) Facade buildout is calculated by dividing the total width of all facades at or forward of the maximum front setback by the lot width and may be cumulatively calculated by multiple buildings. (b) The open space of a forecourt is considered part of the building for the purpose of measuring building width and facade buildout. (c) The SPGA may provide relief from the facade buildout requirements; the Board must find the issuance of the special permit is consistent with the design and infrastructure plan. Facade Build Out Single Building per Lot = A ÷ B C. Building standards. Multiple Buildings per Lot = (A + A) ÷ B 1. Multiple principal buildings are permitted per lot. 2. Principal buildings are permitted as specified by Table 4. (a) Additional principal buildings are exempt from the required maximum front setback. Town of Barnstable, MA § 240-24.1.7 Page 52 of 127 3. Principal building facade(s) must be built parallel to any primary front lot line, at or between the minimum and maximum front setbacks. 4. The fourth third and one half story of any building must be recessed ("stepped back") from the facade of the stories below at least eight feet. 5. Mechanical and stairwell penthouses and building systems equipment must be set back from any exterior wall a distance that is equal to their height. D. Use provisions. 1. Limitations. (a) Occupation of a single commercial space greater than 5,000 square feet by any food and beverage service or retail sales use requires a special permit. (b) The maximum number of dwelling units permitted for any multiunit dwelling residential use is determined by the permitted dimensions of the building and the actual motor vehicle parking spaces provided on a lot as required by Table 2.1 E. Site standards. 1. Driveways, vehicular entrances to parking lots or structures, and curb cuts may be no wider than 24 feet. F. Landscape standards. 1. A front landscape area is not required if the front setback is zero. When a setback is greater than zero, those portions of the setback not occupied by pedestrian amenities and public spaces shall be landscaped including one canopy tree to be planted every 30 feet of frontage of the property. 1. Editor's Note: See § 240-24.1.5, Standards for all Districts. Table 4. DV Dimensional Standards Lot Building Form Page 53 of 127 Lot width 30 feet minimum E - Building width 120 feet maximum Lot coverage 80% maximum F - Number of stories 3.5 or 4 maximum1 Facade buildout (minimum) — G - Ground story height — Primary frontage 80% minimum Commercial 14 feet minimum Residential 10 feet minimum Setbacks - Principal Buildings Upper story height 10 feet minimum A - Primary front setback 0 foot minimum 15 feet maximum Building Features B - Secondary front setback 0 foot minimum 15 feet maximum Ground story fenestration — C - Side setback 0 foot minimum Primary frontage 15% minimum D - Rear setback 0 foot minimum Secondary frontage 15% minimum Upper story fenestration 15% minimum Blank wall 20 feet maximum Commercial space depth 20 feet minimum 1 See § 240-24.1.7C4 (fourth third and one half story step-back).