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HomeMy WebLinkAboutZBA Summary of Reasoning (195 Phinney's Lane, Centerville)(Revised)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 residential community with both mixed- income home ownership and rental housing [“Redevelopment” and “Project”] in the Village of Centerville. The Property to be redeveloped contains 6.764 acres of land and is located at 195 Phinney’s Lane, as well as 39, 51, 61, & 75 Great Marsh Road and 40 Richardson Road [collectively “Property”]. The Redevelopment includes a) twenty (20) 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. Property. The Property is shown on Assessor’s Map 210 – Parcels 124, 125, 126, 134-003, and 134- 004, and Map 209, Parcel 020. The land is currently used for a mix of single-family residential uses and vacant land. The existing structures and improvements will be removed, with the exception of the occupied home and shed on 40 Richardson Road which will remain as a market-rate lot. The Property is located in Zoning Districts RC and HO and 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. Proposed Development. The Property will be re-subdivided into twenty-one (21) lots – twenty (20) single-family lots and one (1) apartment building lot as shown on the submitted plans. One hundred and eleven (111) total bedrooms are proposed. The 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 2 provide access from Great Marsh Road. There will be gated, emergency access from Phinney’s Lane. There will be no motor vehicle access from Richarson Road onto the main part of the Property, and the existing single-family dwelling on 40 Richardson Road will continue to be serviced by its own, separate driveway. 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 20 single-family dwelling lots 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 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 development will meet the requirements of Chapter 40B as to affordability and hopes to provide additional affordability depending on the final funding program for the development. Regarding the rental housing, a complying minimum of either 20% of the units (8/36) will be affordable at 50% AMI or 25% of the units (9/36) will be affordable at 80% AMI. The deed restrictions on the affordable rental units will be in perpetuity. Regarding the for-sale housing, a complying minimum of either 25% of the homes (5/20) will be affordable at 80% AMI or 50% of the homes (10/20) will be affordable at 5 at 80% AMI and 5 at 100% AMI. The deed restrictions on the affordable for-sale homes must sunset no later than thirty (30) years in order to comply with the Commonwealth Builder construction funding being obtained for the Project. The market rate homes (including the occupied dwelling at 40 Richardson Road) and apartments will not be subject to deed restrictions. 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 3 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 Redevelopment is consistent with and supports the above local and state affordable housing goals. The housing will provide additional quality affordable housing in Barnstable. 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 in order to protect the environment. As such, no permits will be required from the Department of Environmental Protection. In accordance with the rules and regulations adopted by the MA Executive Office of Housing and Livable Communities 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 4 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. The Project Eligibility Letters establish fundability. The Applicant owns the Property. 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 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 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 is requesting that all of the for-sale home lots (affordable and market rate) be treated similarly to comparable housing in the Town such that subsequent owners are allowed to construct conforming accessory structures (decks, sheds, garages); 4. The Applicant has previously met with Staff at the DPW, COMM Fire Department, Planning Department, and Site Plan Review; 5 5. The Property is centrally located for employment, education, shopping, business access, and public transportation; 6. The redevelopment will connect to Town sewer and existing Title 5 septic systems will be abandaoned; 7. Municipal water service and other utilities are available; 8. 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. 9. There will be a minimum of two (2) fire hydrants located the development, and the apartment building will be sprinkled. Signage and striped fire lanes will be provided as required; 10. The Property will be landscaped to maintain a welcoming appearance to the community. The landscape design objective is to enhance the built environment through the creation of a sustainable landscape that blends into the site’s natural surroundings. The overall design emphasizes the use of low maintenance, native plantings and strive to integrate the proposed development’s needs into the site’s surrounding environment; 11. Handicap accessible, visitable, and sensory impaired units will be provided as required; 12. The affordable rents will allow residents/families who could not otherwise afford a local home option to remain in the community; and 13. The Redevelopment has been designed to create an appropriate density for the land in order to enable the Applicant to provide needed, 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, 6 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 will not be met and the proposal will become uneconomic. The requested waivers include: 1. Chapter 112 Historic Properties • review of buildings over 75 years old prior to demolition 2. Chapter 180 Scenic Roads • Great Marsh Road is on Scenic Road list 3. Chapter 185 Stormwater Management and Illicit Discharge Control • Section 185-16:(A) - Prohibited Activities: No construction disturbing greater than one acre may commence without first obtaining stormwater management permit 4. Chapter 240 Zoning Ordinance – the following Sections: • Zoning uses HO, RD-1, and RC Districts to allow multi-family apartment building • 240-11:A1and 240-13:A1 (Principle Permitted Uses) to allow multi-family use • 240-26.B. : (Principle Permitted Uses) to allow multi-family use • Minimum lot area (from all three districts and the RPOD overlay) • Density – allowed number of units, both single-family detached and multi-family apartments • Minimum Lot width • Lot Shape Factor • Minimum Lot frontage – HO and RC zones • Front setback (RD-1 zone) • Rear setback (HO Zone) • Front landscape setback (RD-1 zone) • Building Height in HO and RC: to allow a three-story building • Article VI Parking Regulations ▪ 240-52:A: to allow minimum parking space dimensions of 9’ by 19’. 7 ▪ 240-53: Landscaping for Parking lots): • 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 • Article IX Site Plan Review, Sections 240-98-240-105-1 zone 5. Chapter 801 Subdivision Regulations • Articles I through IX 6. Chapter 903 – Stormwater Management Rules and Regulations • Waiver to requirements of obtaining a BDPW SWM Permit ▪ The design shall follow MassDEP SWM Policy but waive the requirements of obtaining a local SWM Permit. 7. Cape Cod Commission -- 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.