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HomeMy WebLinkAboutSR - RA Major Amendment Sea Captains Row 1 Town of Barnstable Planning & Development Department Staff Report Proposed Regulatory Agreement Major Amendment Sea Captains Row Applicant: CapeBuilt Pleasant Street, LLC Property Address: 24, 28, 43, 44, 53, 56, 64, 66 Pleasant Street and 86 South Street, Hyannis, MA Assessor’s Map/Parcel: Assessor’s Map 327 as Parcels 131, 245, 122, 121, 143, 268, 135, and 137 Property Owner: CapeBuilt Pleasant Street, LLC & McEvoy Parking Associates, LLC Zoning: Hyannis Village Business District, Harbor District, Aquifer Protection Overlay District, and Hyannis Main Street Waterfront Historic District Lot Area: 2.38 acres General Description of Proposed Request CapeBuilt Pleasant Street, LLC, seeks to amend Regulatory Agreement 2017-003 Sea Captains Row with the Town of Barnstable. Sea Captains Row was originally approved for sixty (60) residential units distributed across eight (8) newly constructed buildings and one preexisting building to be developed in two phases. The Applicant, CapeBuilt Pleasant Street, LLC, seeks to modify Regulatory Agreement No. 2017 -003 to include the addition of a single one-bedroom “walkout” apartment to be added in the basement level of each of the two buildings that were previously approved as Buildings A and B. This will increase the total project unit count from 60 to 62. The proposed amendment also seeks to modify the relief previously granted from the General Ordinance, Chapter 9, Article I Inclusionary Affordable Housing Requirements – Section 9-4-D. to allow for two 1-bedroom apartments at 50% of Area Median Income on a “floating” basis dispersed within the forty -four (44) rental apartments in Phase One. These two inclusionary units were originally required to be limited to “working artists” studios, scheduled for a later phase. Regulatory Agreement Districts Pursuant to Chapter 168 of the Code of the Town of Barnstable, the Town may enter into Regulatory Agreements in areas delineated on the Regulatory Agreements District Map. The subject property is located within the area delineated for Regulatory Agreements. Pursuant to Chapter 168 §5 in no instance may the Town Manager make substantial amendments to the Regulatory Agreement recommended by the Planning Board and approved by the Town Council without first receiving written concurrence from the Planning Board and the Town Council and qualified applicant that said substantial amendments are agreed to. A major amendment is defined as an amendment that may alter the use, intensity or mitigation stipulations of the Regulatory Agreement. Waivers Requested The Regulatory Agreement seeks the following waivers from the Zoning Ordinance, specifically:  Section 240-24.1.3.A - Mixed-use density, set-back for parking, landscape setback, and maximum floor area ratio;  Section 240-24.1.7A.(1) - Principal permitted use and density,  Section 240-24.1.7C - Dimensional bulk requirements for set-backs, maximum building height, maximum lot coverage, and landscaped setback;  Section 240-1.11 A(4) - Off-street parking requirements. The above referenced sections of the waivers are impacted due to the increase in density from 60 to 62 units and the removal of the landscaped slope behind Building A and B to accommodate the two proposed walk out units. 2 Procedural Information  Notice of the proposed regulatory agreement amendment and public hearing was provided in the Barnstable Patriot, to abutting property owners, and to interested parties as required by §168-8(D).  A draft Regulatory Agreement was submitted; however the draft is currently under review by Planning and Development staff and will also need to be reviewed by the Town’s Legal Department.  In accordance with §168-5E, the Town Manager or his/her designee shall be authorized to execute, on behalf of the Town, a regulatory agreement. Prior to executing said regulatory agreement, the Town Manager shall obtain a majority vote of the Town Council to authorize the execution, unless the regulatory agreement authorizes a waiver from the Barnstable Zoning Ordinance, in which case the Town Manager shall obtain a two -thirds majority vote of the Town Council to authorize the execution. The Town Manager shall, within seven d ays of the Town Council vote authorizing the execution of the regulatory agreement, cause said regulatory agreement to be so executed and forward the same to the qualified applicant by certified, return receipt, mail. Within 21 days of the date said regulatory agreement has been mailed by the Town Manager, the qualified applicant shall execute the agreement and return, either by certified mail or hand delivery, the fully executed regulatory agreement.