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HomeMy WebLinkAboutFinal PEL-Barnstable-Homes at Centerville Cove (1) April 18, 2025 Michael J. Egan 116 Flanders Road Westborough, MA 01581 Re: Homes at Centerville Cove, Barnstable Project Eligibility/Site Approval MassHousing ID No. 1259 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 Department of Housing and Community Development (“DHCD”) (the “Guidelines” and, collectively with Chapter 40B and the Regulations, the “Comprehensive Permit Rules”), under MassHousing’s CommonWealth Builder Program (the “Program”) You have proposed to build nineteen (19) homeownership units (the “Project”) on approximately 4.06- acres of land (the “Site”), concurrent with a proposed rental development known as Residences at Centerville Cove on approximately 1.78 acres of land which would consist of thirty-six (36) rental 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 regarding 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 regarding fire safety, including but not limited to, locations of fire hydrants, water pressure readings, fire apparatus maneuverability, and safe building access. • 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 Municipalit ies will require evidence of such compliance prior to the issuance of a building permit for the Project. • 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. 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. • 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 nineteen (19) homeownership units under the terms of the Program, of which not less than ten (10) of such units will be restricted as affordable for low- or moderate-income persons or families. 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 The Homes at Centerville Court, Barnstable, MA #1259 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 interest for CommonWealth Builder Program funding from MassHousing dated December 16, 2024. The Project is eligible under the CommonWealth Builder housing subsidy program. Ten (10) units will be restricted as affordable for low- or moderate-income persons or families, with five (5) units available to households earning at or below 80% of the Area Median Income and five (5) units available to households earning at or below 100% of the Area Median Income. (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 housing 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 integ ration 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 intends to offer two ranch and cape style modular homes, which will be randomly sited along a curved road with enhanced landscaping to create a natural flow and look. The proposed homes will be offered for sale as “starter” homes, a product which is rare in the local marketplace. The house plans include three bedrooms and a private yard. The Applicant intends to create an all-electric building utilizing high efficiency heat pump technology for both heating, cooling, and ventilation. 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. 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 proposes to build nineteen (19) homeownership units on approximately 4 acres of buildable land. The resulting density is 4.75 units per buildable acre, which is acceptable given the proposed housing type. Conceptual Site Plan The Applicant’s design approach was driven by the uniqueness of the Site’s location between a long - established residential neighborhood of ranch and cape style homes to the east, and a busy commercial zone to the southwest. Adjacent to the Site is the town’s new Sewer Lift Station allowing the Applicant to access a connection to municipal sewer. The Applicant proposes a single entrance from Great Marsh Road located opposite an existing street to create a safe transition from the Site to a four-way intersection. After entering the Site, the residential streets are laid out to create unique residential parcels of varied size and shape with different orientations. 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); The Project appears financially feasible based on a comparison of sales submitted by the Applicant. (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 Lim itations on Profits and Distributions (if applicable) on the basis of estimated development costs; The initial pro forma has been reviewed for the proposed residential use, and the Project appears financially feasible with a projected profit margin of 8.52%. In addition, a third-party appraisal commissioned by MassHousing has determined that the “As Is” land value for the Site of the proposed Project is $1,155,000. (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 program. (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