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Home My WebLink AboutSR - RA Dockside Update_1182023 1 Town of Barnstable Planning & Development Department Staff Report Proposed Regulatory Agreement Dockside Residences 110 School Street and 115 School Street, Hyannis Date: January 18, 2023 Applicant: Shoestring Properties, LLC Property Address: 110 School Street and 115 School Street, Hyannis, MA Assessor’s Map/Parcel: Assessor’s Map 326 Parcel 121 and 125 Property Owner: Shoestring Properties, LLC Zoning: Harbor District zoning district; the Hyannis Main Street Waterfront Historic District; and the Aquifer Protection Overlay District. Lot Area: 110 School Street has 24,829 square feet +/- 115 School Street has 33,541 square feet +/- Background The Planning Board opened a public hearing for the Dockside Regulatory Agreement on August 8, 2022. At that meeting the Board recommended a Subcommittee for Regulatory Agreements be formed to review the proposed Application in accordance with §168-5 of the Barnstable General Ordinances. The Subcommittee consisted of two Planning Board members, two Town Councilors, and a Housing Committee member. The Subcommittee held four meetings. At the conclusion of the fourth meeting, the Subcommittee submitted a letter of findings for the Planning Board’s consideration. On November 2nd the Planning Board members individually visited the Site with a Staff member. The Applicant provided a height demonstration on site for the Board to better understand overall he ight impacts. No deliberation was made during these visits and no new material was provided. Following the site visit and the recommendation letter from the Subcommittee, and with further input from the Planning Board, the Applicant proposed revised renderings for the Board’s consideration. With the alteration to the design, the Applicant also included an additional waiver request. With the new waiver request, the Chairman recommended that the Applicant re-notice the hearing to properly inform all parties of the change. The re-noticed hearing was scheduled for December 12, 2022. The Applicant submitted a revised plan set, elevations and a redlined regulatory agreement for the Board’s consideration. The Board continued the matter once more to January 23, 2023. Prior to the January 23, 2023 Planning Board meeting the Applicant has provided revised plan set, elevations and a redlined regulatory agreement for the Board’s consideration which proposes two four and one half story reduced from the original five and one half story proposal and the subsequent five story proposal. The Applicant has also reduced the number of total units from 34 to 29 units. General Description of the Original Proposed Request Shoestring Properties, LLC seeks to enter in to Regulatory Agreement 2022-002 Dockside Residences with 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. 2 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. Updated Waivers Requested The Regulatory Agreement seeks the following waivers from the Zoning Ordinance, specifically:  Section 240-24.1.7 B (2) HD Harbor District Special Permits to allow for multi-family residential development totaling not more than seven units per acre. The proposed development at 115 School Street has a density of 25 units per acre and the proposed development at 110 School Street has a density of 22 units per acre. Total number of units proposed by the Applicant is now 29 units.  Section 240.24.1.7 C. Dimensional, bulk and other requirements to allow for waivers from certain setbacks, height requirements, building stories, and lot coverage standards.  Section 240.24.1.11 (A)(5)(b) for a 10 foot front yard landscape setback from School Street.  Section 240-52 A. Design and Screening Standards for off-street parking and 240-24.1.11 A. (4)(c)[2] parking design standards to allow for reduced off-street parking dimensions.  Section 240-52 C. Design and screening standards for off-street parking and 240-24.1.11 A. (4)(c)[3] parking design standards to allow five or more cars to back onto School Street.  Section 240-104 Minimum parking lot design standards to allow for a reduction in parking aisle width.  Section 240-104 Minimum parking lot design standards to allow for a reduction to the minimum dimensions.  Section 240.103 E. (1) and Section 240.24.1.11 (A) (7) to allow for exterior light illumination to extend beyond the property line and extend beyond maximum cutoff required.  240-24.1.11 (A) (5)(f) Street trees to reduce the number of deciduous tree required to be planted within the front setback on School Street.  240-24.1.11 (A)(4)(d) Parking lot landscape requirements. The Regulatory Agreement seeks the following waivers from the General Ordinance, specifically:  Chapter 9 Inclusionary Housing to allow for five (5) off-site rental units (three at 65%AMI and two at 80%AMI) at 310 Barnstable Road. All five units consisting of 3-bedroom units which will be deed restricted in perpetuity.  Chapter 112, Article III, Hyannis Main Street Waterfront Historic District, requirement for a Certificate of Appropriateness from the Hyannis Main Street Waterfront Historic District Commission for all revisions that have occurred to the project as a result of the Regulatory Agreement process that differ from the Hyannis Main Street Waterfront Historic District Certificate of Appropriateness for this project approved on February 16, 2022. Other Reviews & Approvals Site Plan Review The proposal attended Informal Site Plan Review and was approved to continue to Formal Site Plan Review at the Informal Site Plan Review meeting held on February 1, 2022. Subsequently, the proposal was reviewed at Formal Site Plan Review, due to the need to seek zoning relief, and was approved to proceed to apply for a Regulatory Agreement before the Planning Board at the Formal Site Plan Review meeting held on February 3, 2022. Hyannis Main Street and Waterfront Historic District The subject property is located within the Hyannis Main Street and Waterfront Historic District. The original proposal was reviewed and approved by the Hyannis Main Street and Waterfront Historic District Commission at their meeting held on February 16, 2022. 3 Procedural Information  Notice of the proposed Regulatory Agreement and public hearing was provided in the Barnstable Patriot, to abutting property owners, and to interested parties as required by §168-8(D).  An affirmative majority vote of the Planning Board recommending execution of the proposed Regulatory Agreement is required.  Upon an affirmative recommendation from the Planning Board, a two-thirds affirmative vote of the Town Council is needed to authorize the Town Manager to execute the proposed Regulatory Agreement.  A draft Regulatory Agreement was submitted; and has since been revised to accommodate the changes proposed by the Applicant. The Town Attorney’s Office has reviewed and approved the draft agreement presently before the Board.