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Town of Barnstable
Planning Board
Application for a Regulatory Agreement
(Attach additional sheets if necessary)
A regulatory agreement is a contract between the applicant and the Town of Barnstable, under which the
applicant may agree to contribute public capital facilities to serve the proposed development and the
municipality or both, to build fair affordable housing, to dedicate or reserve land for open-space community
facilities or recreational use, or to contribute funds for any of these purposes. The regulatory agreement shall
establish the permitted uses, densities, and traffic within the development, the duration of the agreement, and
any other terms or conditions mutually agreed upon between the applicant and the Town. A regulatory
agreement shall vest land use development rights in the property for the duration of the agreement, and such
rights shall not be subject to subsequent changes in local development ordinances.
For office use only: RA#
The undersigned hereby applies to the Planning Board of the Town of Barnstable for a Regulatory Agreement,
in the manner and for the reasons set forth below:
1. Applicant Name : S&C Realtv Investment Co.. LLC Phone: 617-901-0440
Applicant Address: 169 Main Street. Stoneham. MA 02180
Applicant Email Address: scoutoCa).coutomanaoement.com
2. Project Name: Site Redevelooment 442 Main Street. Hvannis. MA 02601
Property Location: 442 Main Street. Hvannis. MA
If applicant differs from owner, state nature of interest:# Applicant has an aareement to purchase the oropertv.
3. Owner(s) of Record. Provide the following information for all involved parcels (attach additional sheets if
necessary):
Owners Land Ct. Lot & Registry of Deeds #Years
Map/Parcel Name Certif. of Title# Plan Book/Paoe# Owned
309/223 ARC Rock17MA. LLC 185870 L.C.P. 14276-A Doc. No. 1.089.070 13
Page 1
3 The Applicant Name will be the entity in whose name the Regulatory Agreement will be executed.
4 If the applicant differs from owner,the applicant is required to submit one original notarized letter authorizing the
application, a copy of an executed purchase&sales agreement or lease,or other documents to prove standing and
interest in the property
Owners Contact information (if different from applicant)
Name Address Phone number Email
ARC Rock17MA. LLC 11995 El Camino Real, San Dieao, CA 92130
4. List all Zoning District(s)within which the property is located: Hvannis Village Business District(HVB)
zonina district: the Hvannis Main Street Waterfront Historic District: and the Aquifer Protection (AP) Overlav
District
5. Is this project located within the Groundwater Protection Overlay District? Yes [ ] No [X]
6. Is this project located within the Hyannis Main Street Waterfront Historic District? Yes [X] No [ ]
7. Does this project involve the demolition or alteration of a building or structure, or any portion of any building
or structure, that is over 75 years old? Yes [ ] No [X]
8. Is this proposal subject to the jurisdiction of the Conservation Commission? Yes [ ] No [X]
9. Is this proposal subject to the jurisdiction of the Board of Health? Yes[X] No [ ]
10. Is the Cape Cod Commission a party to the proposed Regulatory Agreement? Yes [ ] No [X]
11. Total land area subject to the Regulatory Agreement: 35.531 sa.ft.±
Total land area upland: 35,531 sa.ft.± Total land area wetland: -0-
12. Total estimated cost of construction: $1.550.000.00
13. Existing Development—Describe existing buildings including number of buildings, Gross Floor Area of each
building, height of each building and uses in each building (include Gross Floor Area of each use): The orooerty
is developed with a two-story buildinq with a Gross Floor Area of 20,512 square feet. Existina Livinq Area is
11.736 square feet. The building is <42 feet hiah. It is currently vacant but was most recently used as a bank
with offices and a two-lane drive throuah.
14. Existing Residential Uses: Provide existing density (units per acre), number of total residential units,
number of market rate units, number of affordable units counted in the Town's DHCD inventory, and number of
workforce units deed restricted, together with the number of bedrooms contained in each unit( also identified by
market, affordable and workforce), and a description of which building said units are located (if more than one
residential building exists on site):
None.
15. General Description of proposed agreement:
The proposed aareement would allow for the re-oumosina of a vacant iconic Main Street. Hvannis buildina
most recently used as a bank to a mixed use buildinq with a tenant space out front for retail use: a Dunkin
restaurant with drive throuah: and five residential apartments.
Proposed Level of Development- Number of Buildings: 1
Proposed Use(s): Restaurant: commercial tenants: and five (5) residential apartments
Height of Proposed Uses: 2 stories/ <42 feet
Density of Proposed Uses:
16. List all zoning relief sought under the regulatory agreement, including a reference to each section of the
zoning ordinance under which the applicant seeks relief. (Note: This information will form the basis of the legal
advertisement for public hearings on this application and should include all relief that may be required to
construct the project. Failure to list all required relief may result in an inability to approve the application and
may result in the need to re-advertise the public hearing(s) on the application.):
See Continuation Sheet No. 1 attached hereto.
17. List all relief sought from general ordinances, rules and/or regulations of the Town of Barnstable, including a
reference to each section under which the applicant seeks relief(Note: This information may form the basis of
the legal advertisement for public hearings on this application and should include all relief that may be required
to construct the project. Failure to list all required relief may result in an inability to approve the application and
may result in the need to re-advertise the public hearing(s) on the application.).
N/A
18. List the state and/or Federal Agencies from which permits, funding, or other actions have been/will be
sought: -
N/A
19. Proposed duration of the Regulatory Agreement(Note: By law, the agreement cannot exceed 10 years.
The duration of the agreement limits the amount of time during which the applicant may seek to obtain
development permits to construct the development. All conditions and terms of an executed agreement are on-
going obligations of the parties that shall be honored in perpetuity once the applicant exercises development
rights under the Regulatory Agreement):
Five year period.
20. A description of the public facilities and infrastructure to service the development, including whom shall
provide such facilities and infrastructure, the date any new facilities will be constructed, a schedule and a
commitment by the party providing such facilities and infrastructure to ensure public facilities adequate to serve
the development are available concurrent with the impacts of the development:
The proposed proiect provides a sidewalk which connects the existing sidewalks on Winter Street and
North Street: improves curb cuts alonq Winter Street and North Street; and provides access to and from
Main Street to the North Street parkinq lot.
21. A description of any reservation or dedication of land for public purposes:
Easement to Town of Barnstable to allow public to use alley along East elevation of building for passage to and
from Main Street and North Street parkinq lots.
22. Description of Construction Activity (if applicable), including any demolition, alteration or rehabilitation of
existing buildings and a description of building(s) to be demolished, altered or rehabilitated:
Applicant proposes to redevelop the property by enclosinq the existinq drive throuqh and addinq a two-story
addition to the North elevation of the building: create a Dunkin' restaurant in the back of the building with a new
Dunkin' drive through window: create a patio area with seating for Dunkin' customers in the alley alonq the
easterly side of the building: maintain the first floor area in the front of the buildinq for commercial tenants: add
five residential apartments on the second floor: reconfigure the parkinq lot: add sidewalk to connect the
sidewalk along Winter Street to the sidewalk alonq North Street: and add new lightinq, landscape, and sianaae.
Attach additional sheet if necessary
Submission Requirements:
The following information must be submitted with the application at the time of filing, failure to do so may result
in a denial of your request.
Plan Submissions: All plans submitted with an application shall comply with the requirements of Section 240-
102 of the Zoning Ordinance. In addition, the following shall be provided:
• Three (3)copies of the completed application form, each with original signatures.
• Three (3)copies of a 'wet sealed' certified property survey (plot plan) and three (3) reduced copies (8 1/2"x
11" or 11"x 17") showing the dimensions of the land, all wetlands,water bodies, surrounding roadways and
the location of the existing improvements on the land.
• Four(4) copies of a proposed site improvement plan and building elevations and layout as may be required
plus three (3) reduced copies (8 1/2" x 11"or 11" x 17") of each drawing. These plans must show the exact
location of all proposed improvements and alterations on the land and to the structures.
In addition, "pot"electronic copies of all plans and materials are requested as well as all an electronic file of
all plans (format AutoCad.dwg, AutoCad.dxo. Electronic and pdfs can be submitted by disk ore-mailed to
karen.herrand@town.banstable.ma.us.
Other required submissions:
• Review Fee(s) payable by certified check to the Town of Barnstable.
• Deed(s) or Purchase and Sale Agreement(s) for all involved parcels.
• Proof of filing of a Project Notification Form with the Massachusetts Historical Commission if the project is
located outside of the Hyannis Main Street Waterfront Historic District.
Other: The applicant may submit additional supporting documents to assist the Board in making its
determination. All supporting documents must be submitted eight days prior to the public hearing for
distribution to the Board.
Signature: -y.'x' ` - ; Date: x.-
Applica$t's or Representative's Signature
Print Name John W. Kennev, Esauire
Representative's5 1550 Falmouth Road, Suite 12 Phone: 508-771-9300
Address:
Centerville, MA 02632 Fax No.: 508-775-6029
Representative's
E-Mail Address: iohn(adiwkeso.com
Note: All correspondence on this application will be processed through the Representative named at that address and phone
number provided Except for Attorneys, if the Representative differs from the Applicant/Owner, a letter authorizing the
Representative to act on behalf of the Applicant/Owner shall be required.
S&C Realty Investment Co., LLC
Application For Regulatory Agreement
Location: 442 Main Street Hyannis,MA
Continuation Sheet No. 1
Ouestion 16. Zonina Relief Souaht:
a. Section 240-24. 1.11(A)(3), Site Development Standard prohibits drive-through windows
in the Hyannis Village Zoning Districts.
i. Redevelopment proposes one drive through window for restaurant use.
b. Section 240-24.1.3(D)(2)(a) and Section 240-56, Schedule of Parking Spaces.
ii. Redevelopment proposes 33 parking spaces and Ordinance requires 35 parking
spaces.
c. Sections 240-24.1.11(A)(6); 240-71; and 240-65 Signage.
iii. Section 240-71A limits maximum height of all signs on buildings to 12 feet. The
project proposes two signs on the South elevation of the building ("Tenant Sign"and
"Dunkin" sign) and one sign on the North elevation("DD" sign)which exceed the
height limitation.
iv. Section 240-71 B limits the maximum square footage of all signs to the lesser of 50
square feet or 10% of the building face. The project proposes 71.84 square feet of
signage.
v. Section 240-71C provides that the maximum size of any freestanding sign shall be
12 square feet. The project proposes two freestanding signs which exceed 12 square
feet; the Monument Sign(14.27 sq. ft.) and the Menu Board (24.16 sq. ft.).
vi. Section 240-65A limits each business to two signs. The project proposes seven(7)
signs for the Dunkin store as follows:
Monument Sign 14.27 sq. ft. (per 240-71C)
South Elevation 8.69 sq. ft. ("Dunkin")
South Elevation 3.14 sq. ft. ("DD")
East Elevation 2.00 sq. ft. ("DD")
East Elevation 2.00 sq. ft. ("DD")
North Elevation 17.58 sq. ft. ("DD")
Menu Board 24.16 sq. ft.
vii. Section 240-65D allows one freestanding sign per business, which may not exceed
half the allowable size as permitted. The project proposes two freestanding signs for
the Dunkin restaurant (Monument Sign on North Street and Menu Board).
viii. Section 240-65J limits the size of a menu sign or board to three square feet. The
project proposes a menu sign containing 24.16 square feet.
ix. Section 240-75A allows for directional signs provided such signs do not exceed
one square foot in area nor be more than three feet high. The project proposes five
directional signs each containing 2.75 square feet, and each being 4 feet 10 inches tall.
x. Section 240-75 B allows a total of four directional signs. The project proposes five
directional signs.
i,
6J9 �0$
Town of Barnstable
Planning Board
Hyannis Village Zoning Districts
Agreement to Extend Time Limits
for Closing a Public Hearing on a
Regulatory Agreement
In the Matter of the Applicant(s), seeking a Regulatory
Agreement approval as requested in an application submitted to the Town Clerk's Office of the Town of
Barnstable on the applicant(s) and the Planning Board, pursuant to Section 168
of the Barnstable Code, agree to extend the time limits for closing of a public hearing for a period of
days beyond that date the hearing was required to be closed.
In executing this Agreement, the Applicant(s) hereto specifically waive any claim for a constructive grant
of relief based upon time limits applicable prior to the execution of this Agreement.
Applicant(s): Planning Board:
Signature: Signature:
Applicant(s)or Applicant's Representative Chair
Print: Date:
Date:
Address of Applicant(s)or Applicant's Representative
Planning & Development Department
367 Main Street, Street, Hyannis, MA 02601
Phone 508-862-4687
cc: Town Clerk
Applicant(s)
File
070308