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HomeMy WebLinkAboutBarnstable ZBA Summary of Reasoning (195 Phinney's Lane, Centerville)1 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 ___________ www.singer-law.com Myer R. Singer (1938-2020) Barnstable Board of Appeals 195 Phinney’s Lane et al, Centerville SUMMARY OF REASONING Great Marsh Development LLC [“Applicant”], is seeking two Comprehensive Permits from the Barnstable Zoning Board of Appeals [“Board of Appeals”] under the provisions of M.G.L. Ch. 40B, Sections 20-23 [“Chapter 40B” and “Comprehensive Permit Law”] to build a community with both mixed-income home ownership and rental housing [“Redevelopment” and “Project”] in the Village of Centerville. The Property to be redeveloped contains 5.8± acres of land and is located at 195 Phinney’s Lane, as well as 39, 51, 61, & 75 Great Marsh Road, and a small, rear portion of 40 Richardson Road [collectively “Property”]. The Redevelopment includes a) nineteen (19) detached, three-bedroom, single-family homes (“The Homes at Centerville Cove”) for sale and b) thirty-six (36) apartments in one building with a mix of two and three-bedroom (“The Residences at Centerville Cove”) for rental in a new subdivision. Proposed Development. The Property will be re-subdivided as part of the Redevelopment into twenty (20) lots – nineteen single-family lots and one apartment building lot as shown on the submitted plans. There are proposed a total of one hundred and eight (108) bedrooms on site. The detached homes will be either ranches or Capes, and the apartment building will be three-stories in height. The housing will be connected to Town sewer. A new roadway will provide access from Great Marsh Road. There will be gated, emergency access from Phinney’s Lane. There will be no access from Richardson Road. Seventy-eight (78) on-site parking spaces will service the 36-unit apartment building (equivalent to 2.16 spaces per unit) for the use of residents and visitors, and each of the 19 single-family dwellings will have a private driveway. The Applicant has submitted a Transportation Impact and Access Study (TIAS) as part of this Application. The TIAS finds that “Capacity analysis were conducted for each of the study area 2 intersections and roadway segments under 2025 existing conditions, 2032 No-Build conditions (without the prosed development), and 2032 Build conditions (with the proposed development). The analysis results show only minor changes at study area intersections because of the Project.” The Applicant will enter into Affordable Housing Restrictions with MA Executive Office of Housing and Livable Communities as required. The deed restriction for the rental apartments will be in perpetuity. The deed restriction for the single-family dwellings must sunset after thirty (30) years in order to comply with the Commonwealth Builder construction funding being obtained for the Project. Property. The Property is shown on Assessor’s Map 210 – Parcels 124, 125, 126, 134-004 (portion), and 134-004. The land is currently used for a mix of single-family residential use and vacant land. The existing structures and improvements will be removed. The Property is located in Zoning Districts RC and HO and is also in the RPOD Overlay District. The Property is abutted by a memory care facility, a Town- owned parcel used as a sewer pump station, and several single-family residential lots. An integral part of the Redevelopment is incorporating a triangular, 18,414 sq. ft. of vacant land that is currently the rear of the single-family residential use at 40 Richardson Road (Assessor’s Map 210, Parcel 134- 004) and juts sharply into the northwest corner of the proposed Project area as shown on the submitted Planning Board ANR plan. The Applicant has submitted a separate application to the Board of Appeals requesting a variance to split off this vacant portion of the pre-existing nonconforming developed lot in order to combine it with the adjacent land to become part of the separate, affordable housing community. The remaining land at 40 Richardson Road will total 39,805 sq. ft. and continue to be improved with the existing single-family dwelling and shed. There will be no change in the existing driveway on Richardson Road, and this driveway will continue to service only the house on the remaining land and the abutting house as at present. The Centerville Cove affordable housing development will not utilize Richardson Road for access, and the remainder of 40 Richardson Road are not part of the Comprehensive Permit applications. The Applicant submits that the variance to create this triangular piece of land for use in the affordable housing Project satisfies the variance criteria set forth in the Barnstable Zoning Ordinance and M.G.L. Chapter 40A and is worthy of being granted. The unique, trapezoidal shape of this adjacent land, its development history, State funding requirements for the creation of the adjacent affordable housing community (see next 3 paragraph), and the availability of the rear triangular portion of land to benefit and allow for a more integrated affordable housing development present a substantial financial and practical hardship if relief is not granted. The requested relief will be in the public good and not contrary to the intent and purpose of the Zoning Ordinance. The creation of the unbuildable triangular parcel to be separately used in connection with the affordable housing community is also practically and legally required in order to meet the building consistency requirements of the Commonwealth Builder construction funding program. Without the variance relief, either the existing single-family dwelling at 40 Richardson Road would have to be demolished and replaced with one of the same affordable structures or the latter would have to be constructed to match the existing dwelling. Neither of these options is practically or financially feasible, and neither would change the number of affordable dwellings or benefit to the Town’s Subsidized Housing Inventory. Affordable Housing in Barnstable. These homes and apartments will serve an important housing need in Barnstable. As set forth on the Barnstable Housing and Community Development Program webpage, the Program’s goal “…is to renew and strengthen neighborhoods by encouraging livability and diversity and by encouraging affordable and work force housing opportunities throughout the Town.” One of the housing strategies in the Town’s recently-adopted (September 18, 2025), updated Housing Production Plan (HPP) for FY 2025-2030 is to “pursue the creation of affordable year-round housing on vacant and/or underutilized land.” The housing goals in the HPP are further noted as being consistent with the EOHLC’s Comprehensive Permit Regulations to provide “a mix of housing types, consistent with local and regional needs and feasible within the housing market in which they will be situated.” Such a mix includes, among other types, rental and homeownership. In addition, the Commonwealth of Massachusetts has established a goal for each community to have at least 10% of its year-round housing stock be affordable. The Town of Barnstable’s percentage of affordable housing currently stands at 7.15%. The redevelopment will increase this percentage, thereby moving the Town closer to the State goal. The proposed redevelopment on the Property is consistent with and supports the above affordable housing goals. The housing will assist in providing additional quality affordable housing in Barnstable. 4 Comprehensive Permit Process. The Comprehensive Permit law was created in 1969 in order to encourage the development of quality housing in Massachusetts communities that is genuinely affordable for their residents. An applicant for a Comprehensive Permit must first obtain a Project Eligibility Letter from an approved Subsidizing Agency before filing with the Board of Appeals. The Applicant has received two such Project Eligibility Letters, one for the home ownership housing and one for the rental housing. The Board of Appeals is appointed the decision-maker for all local permits that are required for a Comprehensive Permit development. Other Town boards and commissions are encouraged to informally review the proposed development in order to make recommendations and provide advice to the Board of Appeals. If there are any State permits required for a proposal (e.g., those required by the State Wetlands Protection Act or Title 5 of the State Environmental Code), these are still reviewed by the local Conservation Commission and Board of Health, respectively, acting under their State jurisdiction. In connection with the current application, there are no impacted wetlands and the redevelopment will be connected to the Town sewer in full compliance with all State health regulations, both in order to protect the environment; thus, no permits will be required from the Department of Environmental Protection. In accordance with the rules and regulations adopted by the Department of Housing and Community Development pursuant to Chapter 40B (760 CMR 56.00 et seq.), an applicant has to demonstrate three jurisdictional matters in order to support an application for a comprehensive permit. First, an applicant must be a public agency, a non-profit organization or a limited dividend organization. Second, the project must be fundable by a subsidizing agency under a low and moderate income housing subsidy program. Third, an applicant must control the site. In this instance, the Applicant will form a limited dividend organization, which will be a single-purpose entity created for the purpose of the redevelopment, in accordance with the first jurisdictional requirement. The Project Eligibility Letter establishes fundability. Comprehensive Permit Substantive Review. In reviewing a request for a Comprehensive Permit, the legal standard set forth by the Comprehensive Permit Law requires that the Board of Appeals determines whether the proposed development is “consistent with local needs.” Approval with conditions is allowed if such conditions do not render the development uneconomic. Arriving at what is consistent with local needs and what is economic involves a flexible balancing test and a series of compromises among several worthwhile and competing local rules, regulations and policies. This balancing test requires that the Board weigh and 5 balance the need for affordable housing with zoning, environmental, health, safety, site design, open space and planning impacts of the proposed development. The goal is to create quality housing that is affordable for qualified individuals and families and a source of pride to its residents, the Town and the project proponent, while at the same time appropriately protecting public health, safety and welfare. The Applicant respectfully submits that the proposed redevelopment is consistent with local needs; will not have a material, detrimental effect on the character of the neighborhood or Town; and is worthy of approval by the Board of Appeals for the following reasons: 1. The proposal will create quality rental and home ownership housing that is affordable for qualified individuals and families and will be a source of pride to its residents, Town, and Applicant, while at the same time appropriately protecting public health, safety and welfare; 2. These single-family homes and rental apartments, which will serve residents earning at a range of affordable levels will help fulfill a significant unmet local need for affordable ownership and rental opportunities in the Town of Barnstable; 3. The Applicant has previously met with Staff at the DPW, COMM Fire Department, Planning Department, and Site Plan Review; 4. The Property is centrally located for employment, education, shopping, business access, and public transportation; 5. The redevelopment will connect to Town sewer; 6. All stormwater runoff will be contained on site. The site design will incorporate natural Low Impact Development (LID) practices such as vegetated swales, bioretention areas planted with native plantings, and underground recharge chambers. The stormwater management plan will be designed in accordance with the MassDEP Stormwater Management Policy. 7. Municipal water service and other utilities are available; 8. There will be a minimum of two (2) fire hydrants located within the development, and the apartment building will be sprinkled. Signage and striped fire lanes will be provided as required; 9. The Property will be landscaped to maintain a welcoming appearance to the community. The landscape design objective for the proposed development will be to enhance the built 6 environment through the creation of a sustainable landscape that blends into the site’s natural surroundings. The overall design will emphasize the use of low maintenance, native plantings and strive to integrate the proposed development’s needs into the site’s surrounding environment; 10. Handicap accessible, visitable, and sensory impaired units will be provided as required; 11. The affordable rents will allow residents/families who could not otherwise afford a local home option to remain in the community; and 12. The Redevelopment has been designed to create an appropriate density for the land in order to enable the Applicant to provide affordable rentals and homeownership units in the housing market. Waivers. The goal of a Comprehensive Permit review is to provide affordable housing while realizing appropriate levels of compliance with local regulations. Not all requirements have to be met. The Board of Appeals is empowered to waive local requirements in its balancing of “local needs.” In designing the development, the Applicant has taken into consideration and tried to balance the multiple zoning, planning, health and other issues and regulations. As a result, certain waivers are being requested from these regulations. These are waivers, not variances. Traditional variance criteria do not apply under Chapter 40B. For example, the Applicant does not have to show and the Board does not have to find that there is a hardship based on the soil, shape or topography of the land (zoning). The waivers are being requested because without them, the goals of the Redevelopment would not be met and the proposal would become uneconomic. The requested waivers include: A. Ch. 240 Zoning Ordinance – the following Sections: a. Zoning uses HO, RD-1, and RC Districts to allow multi-family apartment building i. 240-11:A1and 240-13:A1 (Principle Permitted Uses) to allow Multi-family use ii. 240-26.B: (Principle Permitted Uses) to allow Multi-family use b. Minimum lot area (from all three districts and the RPOD overlay) i. Density – allowed number of units, both single-family detached and multi- family apartments 7 c. Minimum Lot width d. Lot Shape Factor e. Minimum Lot frontage – HO and RC zones f. Front setback (RD-1 zone) g. Rear setback (HO Zone) h. Front landscape setback (RD-1 zone) i. Building Height in HO and RC: to allow a three-story building j. Article VI Parking Regulations i. 240-52:A: to allow minimum parking space dimensions of 9’ by 19’. ii. 240-53: Landscaping for Parking lots): 1. Less than 10% of the interior of a parking lot with 21 or more parking spaces shall be landscaped,” to allow 8% interior parking lot landscaping k. Article IX Site Plan Review, Sections 240-98-240-105-1 zone B. Ch. 801 Subdivision Regulations a. Articles I through IX C. Ch. 903 Stormwater Management Rules and Regulations a. Waiver to requirements of obtaining a BDPW SWM Permit i. The design shall follow MassDEP SWM Policy but waive the requirements of obtaining a local SWM Permit. D. Ch. 112 Demolition Delay By-Law to remove (1) dwelling over 75 years old; E. Ch 180 Scenic Roads a. Great Marsh Road is on Scenic Road list F. Ch 185 Stormwater Management and Illicit Discharge Control a. Section 185-16:(A) - Prohibited Activities: No construction that results in a disturbance of greater than one acre may commence without first obtaining stormwater management permit 8 G. Cape Cod Commission, to extent necessary, a waiver from the Cape Cod Commission Act, Chapter A, Enabling Regulations, Regional Policy Plan, and Technical Bulletins for review of proposals containing 30 or more residential units. Great Marsh Development LLC appreciates the opportunity to work with the Board of Appeals and the Town and respectfully submits that the proposal is consistent with local needs and will satisfy an unmet housing need in the Town of Barnstable and requests that the Board of Appeals votes to issue Comprehensive Permits to allow construction of the Redevelopment with the requested waivers.