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HomeMy WebLinkAboutSR - RA 442 Main Street 1 Town of Barnstable Planning & Development Department Staff Report Proposed Regulatory Agreement 442 Main Street, Hyannis Applicant: S&C Realty Investment Co., LLC Property Address: 442 Main Street, Hyannis, MA Assessor’s Map/Parcel: Assessor’s Map 309 as Parcel 223 Property Owner: ARC Rock 17MA, LLC Zoning: Hyannis Village Business District, Aquifer Protection Overlay District, and Hyannis Main Street Waterfront Historic District Lot Area: 35,531 square feet +/- General Description of Proposed Request S&C Realty Investment Co., LLC seeks to enter in to Regulatory Agreement 2022-001 442 Main Street with the Town of Barnstable. The Applicant proposes to redevelop the property at 442 Main Street. The current site fronts on Main Street and extends to North Street. The Site is improved with a 20,512 sq. ft. two-story building sited along Main Street with a rear parking area including a two-lane drive through that was formally used for a bank. The proposed agreement would allow for the repurpose of the existing structure to accommodate a retail use and a coffee shop with a drive through on the first level and five residential apartments on the se cond floor. The Applicant proposes to reduce the existing curb cuts on Winter Street and North Street and install sidewalks where there are existing gaps on both Winter Street and North Street. Access for vehicles would be on North Street only. The Applicant also proposes to grant a pedestrian access easement between the subject property and 438 Main Street for pedestrian access from Main Street to the North Street parking lot. 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, no regulatory agreement may be executed by the Town Manager prior to an affirmative, majority vote by the Planning Board and the Town Council recommending the execution of the regulatory agreement. When a waiver from zoning is allowed under the negotiated regulatory agreement, there shall be a two-thirds vote of the Town Council recommending execution of the regulatory agreement. Waivers Requested The Regulatory Agreement seeks the following waivers from the Zoning Ordinance, specifically:  Section 240-24.1.11(A)(3), Prohibition of Drive Through Window for Restaurant Use  Sections 240-24.1.3(D)(2)(a) and Section 240-56, Schedule of Parking Spaces  Sections 240-24.1.11(A)(6), Section 240-71, and 240-65 Signage The above referenced sections of the waivers are impacted due to the change of use on the site from a bank to mixed use requiring further parking and additional signage, and that a drive through is requested in a district where a drive through is prohibited. 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 days of the Town Council vote authorizing the execution of the regulatory agr eement, 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.