HomeMy WebLinkAboutFinal PEL- Barnstable - Residences at Centerville Cove
April 18, 2025
Michael J. Egan
116 Flanders Road
Westborough, MA 01581
Re: Residences at Centerville Cove, Barnstable
Project Eligibility/Site Approval
MassHousing ID No. 1258
Dear Mr. Egan:
This letter is in response to your application as “Applicant” for a determination of Project Eligibility
(“Site Approval”) pursuant to Massachusetts General Laws Chapter 40B (“Chapter 40B”), 760 CMR
56.00 (the “Regulations”) and the Comprehensive Permit Guidelines issued by the Executi ve Office of
Housing and Livable Communities (“EOHLC”) (the “Guidelines” and, collectively with Chapter 40B
and the Regulations, the “Comprehensive Permit Rules”), under MassHousing’s Mixed-Income
(Taxable) Financing Programs.
You have proposed to build thirty-six (36) rental units (the “Project”) on approximately 1.78-acres of
land (the “Site”), concurrent with a proposed homeownership development known as Homes at
Centerville Cove on approximately 4.06 acres of land which would consist of nineteen (19)
homeownership units at 195 Phinney’s Lane, 40 Richardson Road, 75 Great Marsh Road, 39 Great
Marsh Road, 51 Great Marsh Road, and 61 Great Marsh Road in Barnstable, MA (the “Municipality”).
In accordance with the Comprehensive Permit Rules, this letter is intended to be a written determination
of Project Eligibility by MassHousing acting as Subsidizing Agency under the Guidelines, including
Part V thereof, “Housing Programs In Which Funding Is Provided By Other Than A State Agency.”
MassHousing has performed an on-site inspection of the Site and has reviewed the pertinent information
for the Project submitted by the Applicant, the Municipality, and others in accordance with the
Comprehensive Permit Rules.
Municipal Comments
Pursuant to the Regulations, the Town of Barnstable was given a thirty (30) day period in which to
review the Site Approval application and submit comments to MassHousing. The Planning &
Development Director submitted a letter expressing some concerns rega rding the proposed Project.
The comments identified the following areas of concern:
• The Municipality requests that the Applicant consider a range of unit types and a mix of
bedrooms as well as a range of eligible incomes as the 2016 Barnstable Housing Production
Plan encourages aging in place and aging in community including viable options to encourage
older adults to remain in Barnstable. It also encourages the development of housing options
that create opportunities to attract and retain younger residents.
• The Municipality requests that the Applicant provide a comprehensive traffic study to review
impacts on area roadways. Road capacity, sight lines, snow removal and other public safety
measures should be studied.
• The Municipality requests additional information from the Applicant regarding fire safety,
including but not limited to, locations of fire hydrants, water pressure readings, fire apparatus
maneuverability, and safe building egress.
• The Municipality requests that the Applicant consider a connection from the Project to the
public sidewalk on Phinney’s Lane and Route 28.
• The Municipality requested additional information on tree removal and interior site plantings.
MassHousing Determination and Recommendation
MassHousing staff has determined that the Project appears generally eligible under the requirements of
the Program, subject to final review of eligibility and to Final Approval.1 As a result of our review, we
have made the findings as required pursuant to 760 CMR 56.04(1) and (4). Each such finding, with
supporting reasoning, is set forth in further detail on Attachment 1 hereto. It is important to note that
Comprehensive Permit Rules limit MassHousing to these specific findings in order to determine Project
Eligibility. If, as here, MassHousing issues a determination of Project Eligibility, the Applicant may
apply to the Zoning Board of Appeals (“ZBA”) for a comprehensive permit. At that time local boards,
officials and members of the public are provided the opportunity to further review the Project to ensure
compliance with applicable state and local standards and regulations.
Based on MassHousing’s site and design review, and considering feedback received from the
Municipality, the following issues should be addressed in the application to the ZBA, and the Applicant
should be prepared to explore them more fully during the public hearing process:
• Development of this Site will require compliance with all state and federal environmental laws,
regulations and standards applicable to existing conditions and to the proposed use related to
building construction, stormwater management, wastewater collecti on and treatment, and
hazardous waste safety. The Applicant should expect that the Municipalities will require
evidence of such compliance prior to the issuance of a building permit for the Project.
1 MassHousing has relied on the Applicant to provide truthful and complete information with respect to this approval. If at any
point prior to the issuance of a comprehensive permit MassHousing determines that the Applicant has failed to disclose any
information pertinent to the findings set forth in 760 CMR 56.04 or information requested in the Certification and Acknowledgment
of the Application, MassHousing retains the right to rescind this Site Approval letter.
• A landscape plan should be provided, including a detailed planting plan, as well as paving,
lighting, and a tree removal plan. The landscape plan should also include provisions for
irrigation, snow removal and long-term landscape maintenance.
• The Applicant is encouraged to work with its design team to address concerns related to
pedestrian circulation, open space elements and providing safe connections to existing streets
and walkways.
• The Applicant should be prepared to submit detailed information relative to traffic impacts as
part of their Comprehensive Permit application.
• The Applicant should engage with the Barnstable Fire Department to review the plans and
address fire safety concerns.
MassHousing has also reviewed the application for compliance within the requirements of 760 CMR
56.04(2) relative to Application requirements and has determined that the material provided by the
Applicant is sufficient to show compliance.
This Site Approval is expressly limited to the development of no more than thirty -six (36) rental units
under the terms of the Program, of which not less than eight (8) of such units shall be restricted as
affordable for low- or moderate-income persons or families as required under the terms of the
Guidelines. It is not a commitment or guarantee of financing and does not constitute a site plan or
building design approval. Should you consider, prior to obtaining a comprehensive permit, the use of
any other housing subsidy program, the construction of additional units or a reduction in the size of the
Site, you may be required to submit a new Site Approval application for review by MassHousing.
Should you consider a change in tenure type or a change in building type or height, you may be required
to submit a new site approval application for review by MassHousing.
For guidance on the comprehensive permit review process, you are advised to consult the Guidelines.
Further, we urge you to review carefully with legal counsel the M.G.L. c.40B Comprehensive Permit
Regulations at 760 CMR 56.00.
This approval will be effective for a period of two (2) years from the date of this letter. Should the
Applicant not apply for a comprehensive permit within this period this letter shall be considered to be
expired and no longer in effect unless MassHousing extends the effective period of this letter in writing.
In addition, the Applicant is required to notify MassHousing at the following times throughout this two -
year period: (1) when the Applicant applies to the local ZBA for a Comprehensive Permit, (2) w hen the
ZBA issues a decision and (3) if applicable, when any appeals are filed.
Should a comprehensive permit be issued, please note that prior to (i) commencement of construction
of the Project or (ii) issuance of a building permit, the Applicant is required to submit to MassHousing
a request for Final Approval of the Project (as it may have been amended) in accordance with the
Comprehensive Permit Rules (see especially 760 CMR 56.04(07) and the Guidelines including, without
limitation, Part III thereof concerning Affirmative Fair Housing Marketing and Resident Selection).
Final Approval will not be issued unless MassHousing is able to make the same findings at the time of
issuing Final Approval as required at Site Approval.
Please note that MassHousing may not issue Final Approval if the Comprehensive Permit
contains any conditions that are inconsistent with the requirements of the housing subsidy
program as reflected in the applicable regulatory documents. In the interest of providing for an
efficient review process and to avoid the potential lapse of certain appeal rights, the Applicant
may wish to submit a “final draft” of the Comprehensive Permit to MassHousing for review.
Applicants who avail themselves of this opportunity may avoid significant procedural delays that
can result from the need to seek modification of the Comprehensive Permit after its initial
issuance.
If you have any questions concerning this letter, please contact Michael Busby at (617) 854-1219.
Sincerely,
Jessica Malcolm
Manager, Planning & Programs
cc: Ed Augustus, Secretary, EOHLC
The Honorable Julian Cyr
The Honorable Kip A. Diggs
The Honorable Steven George Xiarhos
Mathew Levesque, President, Barnstable Town Council
Attachment 1
760 CMR 56.04 Project Eligibility: Other Responsibilities of Subsidizing Agency
Section (4) Findings and Determinations
Residences at Centerville Cove, Project #1258
MassHousing hereby makes the following findings, based upon its review of the application, and taking
into account information received during the site visit and from written comments:
(a) that the proposed Project appears generally eligible under the requirements of the housing
subsidy program, subject to final approval under 760 CMR 56.04(7);
The Applicant submitted a letter of financial interest from MassHousing dated December 10, 2024.
The Project is eligible under MassHousing’s Mixed-Income Taxable Financing Program. At least 20%
of the units will be available to households earning at or below 50% of the Area Median Income,
adjusted for household size, as published by the U.S. Department of Housing and Urban Development
(“HUD”). The most recent HUD income limits indicate that 50% of the current median income for a
four-person household in Barnstable is $68,350.
Proposed average rent levels, net utility allowances for the area, of $1,170 for the two-bedroom
affordable units and $1,334 for the three-bedroom affordable unit, are within current affordable rent
levels for the Barnstable HMFA.
(b) that the site of the proposed Project is generally appropriate for residential development, taking
into consideration information provided by the Municipality or other parties regarding municipal
actions previously taken to meet affordable housing needs, such as inclusionary zoning, multifamily
districts adopted under c.40A, and overlay districts adopted under c.40R, (such finding, with
supporting reasoning, to be set forth in reasonable detail);
Based on a site inspection by MassHousing staff, internal discussions, and a thorough review of the
application, MassHousing finds that the Site is suitable for residential use and development and that
such use would be compatible with surrounding uses and would address the local need for housing.
The Town of Barnstable does not have an EOHLC-approved Housing Production Plan. According to
EOHLC’s Chapter 40B Subsidized Housing Inventory, updated through April 10, 2025, Barnstable has
1,566 Subsidized Housing Inventory (SHI) units (7.15% of its housi ng inventory), which is 625 units
below the statutory minima requirement of 10%.
(c) that the conceptual project design is generally appropriate for the site on which it is located, taking
into consideration factors that may include proposed use, conceptual site plan and building massing,
topography, environmental resources, and integration into existing development patterns (such
finding, with supporting reasoning, to be set forth in reasonable detail);
In summary, based on evaluation of the site plan using the following criteria, MassHousing finds that
the proposed conceptual Project design is generally appropriate for the Site. The following plan review
findings are made in response to the conceptual plan, submitted to MassHousing:
Relationship to adjacent building typology (Including building massing, site arrangement, and
architectural details):
The Applicant proposes to build a three-story apartment building with 12 units per floor providing a
mix of two- and three-bedroom units. Building materials employed will be a composition of shingles
and fiber cement clapboard and vertical siding intended to break down the building massing and add
more visual texture to the massing. The use of shingles in a light grey color creates a classic Cape Cod
look. In addition to the façade materials, the Applicant intends to build balconies on the upper floors
and patio space on the ground floor to break down the massing.
Relationship to adjacent streets/Integration into existing development patterns
The Site is located along the north side of Falmouth Road (Route 28) in the Centerville section of
Barnstable and bracketed by Wequaquet Lake to the north, Old Stage Road to the west, Main Street to
the south, and Iyannough Road (Route 132) to the east. The neighborhood features a mix of year-round
and seasonal properties, along with several neighborhood commercial properties. The area to the west
of Phinney’s Lane is developed with a mix of office and neighborhood retail properties. The connecting
interior streets are primarily single-family residences. The Sagamore Bridge and Cape Cod Canal are
located about eight miles to the west via Route 6. Barnstable is well connected to area highway access,
including Routes 6, 6A and 28, offering highway access to Hyannis, Boston, Plymouth, New Bedford,
Fall River, and Providence, R.I.
Density
The Applicant intends to build thirty-six (36) units on approximately 1.78 acres. The resulting density
is approximately 20.22 units per acre. The proposed density is acceptable given the proposed housing
type.
Conceptual Site Plan
The main access to the Site is located at the Great Marsh Road with emergency access located at the
Phinney’s Lane location. The Applicant proposes to construct a road that connects the multi-family
site to the proposed Homes at Centerville Cove. Water, sewer and underground electrical will be
connected from Great Marsh Road. There are (2) proposed underground stormwater management
systems shown on the east side of the proposed apartment building. A total of (59) surface parking
spaces including (4) designated accessible parking spaces are proposed.
Topography
The Site is irregular in shape and generally level. The topographic features of the Site have been
considered in relationship to the proposed Project plans and do not constitute an impediment to
development of the Site.
Environmental Resources
The Site does not contain any area of critical concern or areas of estimated or priority habitat of rare
species, wildlife or vernal pools.
d) that the proposed Project appears financially feasible within the housing market in which it will
be situated (based on comparable rentals or sales figures);
According to the appraisal report for the Site, Barnstable’s residential market appears stable and strong,
with an overall upward trajectory in sales volume and prices in the last decade. MassHousing’s
Appraisal and Marketing team (A&M) performed a Competitive Market Analysis and found that
proposed market rents for each unit type fall within the range of adjusted comparable market rents.
(e) that an initial pro forma has been reviewed, including a land valuation determination consistent
with the Department’s Guidelines, and the Project appears financially feasible and consistent with
the Department’s Guidelines for Cost Examination and Limitations on Profits and Distributions (if
applicable) on the basis of estimated development costs;
MassHousing has commissioned an as “As-Is” appraisal which indicates a land valuation of $290,000.
Based on a proposed investment of $5,769,600 in equity and permanent financing the development pro
forma appears to be financially feasible and within the limitations on profits and distributions.
(f) that the Applicant is a public agency, a non-profit organization, or a Limited Dividend
Organization, and it meets the general eligibility standards of the housing program; and
MassHousing finds that the Applicant must be organized as a Limited Dividend Organization.
MassHousing sees no reason this requirement could not be met given information reviewed to date. The
Applicant meets the general eligibility standards of the housing subsidy program and has executed an
Acknowledgment of Obligations to restrict their profits in accordance with the applicable limited
dividend provisions.
(g) that the Applicant controls the site, based on evidence that the Applicant or a related entity owns
the site or holds an option or contract to acquire such interest in the site, or has such other interest
in the site as is deemed by the Subsidizing Agency to be sufficient to control the site.
The Applicant and related entities control the entire Site through the following Deeds of ownership:
Location Parcel ID Grantor Grantee Title Ref. Sale Date
195 Phinney’s Lane 209/20 Donna Egan Great Marsh
Development,
LLC
33594/345 12/21/2020
39 Great Marsh Road 210/124 Donna Egan Great Marsh
Development,
LLC
33594/347 12/21/2020
61 & 75 Great Marsh
Road
210/134-4 &
126
Luzmila
Guaman
Great Marsh
Development,
LLC
Doc. 39964 10/5/2023
51 Great Marsh Road 210/125 Helen Alence
Est
Egan Capital,
LLC
36230/4 2/21/2024
40 Richardson Road 210/134-3 Fausto Abreu Egan Capital,
LLC
36055/29 10/26/2023