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HomeMy WebLinkAboutDRAFT Regulatory Agreement Findings to PB_10242022367 Main Street, Hyannis, MA 02601 (o) 508-862-4971 (f) 508-862-4782 Town of Barnstable Planning Board Regulatory Agreement Subcommittee www.townofbarnstable.us/planningboard October 2418, 2022 Barnstable Planning Board 367 Main Street Hyannis, MA 02601 RE: Report of the Barnstable Planning Board Regulatory Agreement Subcommittee to the full Barnstable Planning Board on a proposed Regulatory Agreement with Shoestring Properties, LLC, RA-2022-002 Shoestring Properties, LLC has submitted an application to the Planning Board for a Regulatory Agreement pursuant to Chapter 168 of the Code of the Town of Barnstable. The Applicant proposes to construct thirty-four (34) condominium units in two (2) buildings with associated improvements at 110 School Street and 115 School Street, Hyannis. The redevelopment consists of twenty-two (22) 3-bedroom units and twelve (12) 2-bedroom units. A total of 70 parking spaces will be provided. Currently, 110 School Street is developed with a restaurant and 115 School Street is improved with a gravel parking lot. The Planning Board, at the August 8, 2022 meeting, recommended a subcommittee be formed to review the proposed Application in accordance with §168-5B of the Barnstable General Ordinances, “Negotiations of the elements of a regulatory agreement between authorized parties and a qualified applicant shall be led by the Planning Board or its designee and shall include representatives from other municipal boards, departments and commissions where said joint participation will assist the negotiation process”. In order to develop a more inclusive and holistic negotiation process, a subcommittee has been formed that consists of the two Planning Board members, two Town Council members, and one Housing Committee member. The intent of the Subcommittee is to review the proposed regulatory agreement and associated documentation in detail and provide a recommendation back to the Planning Board. The Regulatory Agreement Subcommittee held a duly posted and noticed public meeting on the proposal on October 3, 2022. The matter was continued to October 13, 2022, and October 18, 2022, and October 24, 2022 where findings were determined. Members Stephen Robichaud Steven Costello Paula Schnepp Jennifer Cullum Hilda Haye Staff Director Elizabeth Jenkins Kate Maldonado Assistant Director James Kupfer Senior Planner Principal Assistant Karen Herrand 367 Main Street, Hyannis, MA 02601 (o) 508-862-4971 (f) 508-862-4782 The following findings were determined by the Regulatory Agreement Subcommittee: 1. Regulatory Agreement 2022-002 Section 22 outlines public benefits proffered by the Applicant. DPW has requested additional pedestrian improvements as outlined in the attached document entitled Exhibit A. The Subcommittee finds that the proposed improvements by DPW are an improvement to the pedestrian environment along the project site and are a true public benefit. The Subcommittee recommends full implementation of the improvements as detailed in Exhibit A. 2. The proposed plans for Regulatory Agreement 2022-002 originally indicated a proposed maximum building height of 72+/- feet. Understanding that the proposal has undergone formal review by the Hyannis Main Street Waterfront Historic District Commission on February 16, 2022 and received a Certificate of Appropriateness for the proposed buildings, the Subcommittee determined that the building height proposed was taller than most others in the neighborhood and requested the Applicant review ways in which the overall height may be lowered. The Applicant has submitted revised renderings with an overall lower maximum building height of 65+/- feet. The Subcommittee finds this the revised renderings retain the detail and character of the original proposal while reducing the impact to the neighborhood. The Subcommittee finds the revised renderings favorable. 3. The Subcommittee finds that the landscaping along the South Street frontage on the proposed plans for Regulatory Agreement 2022-002 is not sufficient. The Subcommittee recommends enhanced, more robust landscaping at this location. 4. Regulatory Agreement 2022-002 Section 21 states the “Developer will provide three (3) offsite Housing Rental Units (65% Median Income Qualification) which will be restricted in perpetuity”. The Subcommittee understands that a payment in lieu of providing affordable onsite units is a mechanism many communities use to produce affordable housing. However, the Subcommittee finds that there would be a significant gap between the market rate units projected price points and the regulated affordable price point which may render a project uneconomical. The Subcommittee recognizes the request for a waiver to allow for off-site rental units to meet Chapter 9 Article I of the General Ordinances, Inclusionary Affordable Housing. The Subcommittee finds that while three inclusionary affordable units meet the formulaic requirement, there is no description as to the kind and quality of the offsite rental units. The Subcommittee recommends that prior to any recommendation by the Planning Board, the Applicant shall provide full detailed plans and specifications including but not limited to square footage, room dimensions, on site amenities for the proposed affordable unitsfor the proposed units. In addition, given the likely discrepancy between the luxury waterfront condominiums proposed on-site and the potential rental units provided, the Subcommittee recommends a greater number of inclusionary units then the minimum provided. The Subcommittee recommends a mix of unit types, with a minimum of nine (9) bedrooms in total provided with in a total offsite affordable unit count of no less than five (5) units. The inclusionary housing unit plans should be included as Exhibit B of Regulatory Agreement 2022-002. In addition, the Subcommittee recommends that all LIP/LAU applications for the inclusionary housing units required for this Site shall be 367 Main Street, Hyannis, MA 02601 (o) 508-862-4971 (f) 508-862-4782 submitted to the Massachusetts Department of Housing and Community Development prior to the first occupancy building permit being issued for Dockside Condominiums. The application shall be concurrently provided to the Barnstable Planning and Development office for review and compliance with this regulatory agreement. As well as all lotteries and marketing for each inclusionary housing unit shall be completed prior to the first occupancy permit being issued for Dockside Condominiums. 5. Regulatory Agreement 2022-002 Section 25 describes the requested use of the School Street right of way for parking purposes. The Subcommittee finds that if parking access is granted, the regulatory agreement shall stipulate that the Dockside Condominium shall professionally manage and maintain accessibility on School Street between South Street and the Harbor to ensure that site related vehicles do not impede accessso and that accessibility for emergency services is available at all times and no unauthorized parking occur in these spaces. 6. The Subcommittee finds that the Dockside Condominium is not an appropriate location for short-term rentals. The Subcommittee recommends an added stipulation that the Homeowners Association’s governing documents shall include a provision that short- term rentals shorter than three (3) months shall be prohibited.this Site shall allow only one rental, per unit, per calendar year, for no less than 30 days. The Homeowners Association’s governing documents shall be submitted to the Barnstable Town Attorney for review and compliance with this regulatory agreement. 7. The Subcommittee finds that with these changes, section B(2) Regulatory Agreement 2022-002 shall be updated to reflect new plans and documents. 8. The Subcommittee finds that with these changes, section 23 of the Regulatory Agreement shall be updated to reflect new waiver specifications. At the conclusion of the final meeting, the Regulatory Agreement Subcommittee voted to offer the following findings for the Planning Board’s consideration prior to a decision rendered for Regulatory Agreement No. 2022-002. Respectfully Submitted, _________________________________________________ Stephen Robichaud, Planning Board Regulatory Agreement Subcommittee Attachment: Exhibit A – DPW Recommended Improvements cc: Matthew Levesque, President, Town Council Elizabeth Jenkins, Director, Planning & Development Ann Quirk, Town Clerk