HomeMy WebLinkAboutSR-2023-034 Bayridge Realty LLC 900 Old Stage Road CENT Comp Permit 40B
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Special Permit No. 2023-034 – Bayridge Realty, LLC
MGL Chapter 40B, Sections 20-23 and 760 CMR 56.00
To construct 14 units in 4 buildings on 3.95 acres
Date: October 31, 2023
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Bayridge Realty, LLC
Property Address: 900 Old Stage Road, Centerville, MA
Assessor's Map/Parcel: 192/001
Zoning: Residence C (RC)
Filed: September 29, 2023 Hearing: November 8, 2023 Decision Due: ___________
Copy of Public Notice
Bayridge Realty, LLC has applied for a Comprehensive Permit pursuant to MGL Ch. 40B §20, 21, 22,
and 23. The Applicant proposes to construct 14 housing units (24 bedrooms) within 4 detached
buildings and associated parking and site improvements on 3.95 acres for rental purposes in
accordance with MGL Ch. 40B, 760 CMR. The unit mix shall consist of 6 one-bedroom units, 6 two-
bedroom units, and 2 three-bedroom units. 4 of the units will be restricted as affordable for low- or
moderate-income persons. The subject property is located at 900 Old Stage Road, Centerville, MA as
shown on Assessor’s Map 192 as Parcel 001. It is located in the Residence C (RC) Zoning District.
Background
Bayridge Realty, LLC pursuant to MGL Chapter 40B Section 21 is for a Comprehensive Permit to
construct a new high quality multi-family residential development with 14 rental units on 3.95 acres
addressed as 900 Old Stage Road, Centerville. Four of the 14 rental units will be affordable to
households earning up to 80% of Area Median Income “AMI” in accordance with state requirements for
low to moderate income housing.
On May 25, 2023the Mass Housing Finance Agency (MassHousing) issued a Project Eligibility/Site
Approval letter under the New Egland Fund (NEF) Program of the Federal Home Loan Bank of Boston.
In accordance with the Comprehensive Permit Regulations, the Project Eligibility Letter (PEL) is a
written determination of project eligibility by MassHousing acting as the Subsidizing Agency before
submitting its Project Eligibility application, the Applicant met with Town Staff and/or department heads
on November 9, 2022 for informal Site Plan Review to review the project.
The property is currently vacant, partially treed with significant open and disturbed area to the
north/northwesterly portion of the site which is a dedicated electric easement. The original property
consisted of 5.72 acres and was subdivided through an Approval Not Required “ANR” process to yield
the site locus. The property has frontage and access from Old Stage Road, Centerville.
Application & Request
In accordance with the ZBA Rules and Regulations for review of Comprehensive Permits, Bayridge
Realty, LLC submitted an application, preliminary site development and utility plans, a review of the
conditions in the surrounding area, preliminary architectural drawings, a tabulation of proposed
buildings, and a list of requested waivers.
Zoning Board of Appeals Planning and Development Staff Report
Appeal No. 2023-034 – Bayridge Realty LLC – MGL Chapter 40B
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Development
Bayridge Realty, LLC is seeking a Comprehensive Permit to construct 14 housing units (24 Bedrooms)
within 4 detached buildings and associated parking and site improvements on 3.95 acres for rental
purposes. The unit mix shall consist of 6 one-bedroom units, 6 two-bedroom units, and 2 three-
bedroom units. Four of the units will be restricted as affordable for low or moderate income persons.
Building #1 has 4 units within 4,696 gsf, Building #2 has 4 units within 5210 gsf, Building #3 has 4 units
within 5164 gsf, and building #4 has 2 units and 4 enclosed garage bays within 1,393 gsf for a gross
total of 16,463 gsf of new building area with total building lot coverage of 8,928 square feet. An onsite
resident open space amenity area with a Tot Lot play area will also be provided at the northerly portion
of the site as well as an enclosed dumpster and recycling area. The northeasterly corner of the site will
include a paved area to allow for the turnaround space for emergency vehicles.
Four (4) garage bays in the detached Building #4 will be provided in conjunction with 23 surface
parking spaces, inclusive of two handicapped accessible spaces, for a total of 27 spaces, which is in
excess of the 23.1 spaces required under local zoning. The density of the project will be a modest 3.54
units per acre, with the proposed building improvements using 5.2% of the property and the parking
and paved driveway areas using 9.7% of the property, for a total impervious area of 14.9% leaving
85.1% of the property as open space.
A single shared innovative alternative wastewater sewage disposal system will be provided below the
driveway and parking area. All stormwater runoff will be contained onsite and recharged through the
use of graded bio-retention areas and a subsurface recharger system.
Landscaping improvements will include a planted screening area along the westerly property line.
Additional infill landscaping will be provided along the easterly property line consisting of White Pine
trees. Various in-lot parking trees will be provided as well as typical ground level foundation plantings.
The property will connect to municipal water systems and will have electrical service. The Project will
include energy efficient, all electric mechanical systems, high R-value insulation, LED lighting, and
Energy-Star certified appliances.
The Project will be constructed in a single phase and projected date for completion of construction and
initial early occupancy is September 2025.
Waivers
The applicant has submitted a request for waivers from the General Ordinances, Board of Health
Regulations:
General Ordinances
• Chapter 180 Scenic Roads
• Chapter 232 Wastewater Discharge
• Chapter 240 Zoning
Board of Health Regulations
• Chapter 360 Art X, Art XIII, Art XV
Distribution and Review - 56.05(3)
The following local Boards and officials were notified of this appeal, provided with a copy of the
application and list of waivers, and invited to participate as necessary and helpful, pursuant to 760
CMR 56.05(3): Barnstable Town Clerk, Planning and Development Department.
The Board received the following submissions in response:
None to date
Consistency with Local Needs – 56.03
Zoning Board of Appeals Planning and Development Staff Report
Appeal No. 2023-034 – Bayridge Realty LLC – MGL Chapter 40B
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A Zoning Board of Appeals decision to deny a Comprehensive Permit shall be upheld by the Housing
Appeals Committee if the municipality can demonstrate progress towards meeting local affordable
housing goals or if the application falls into a specified category, as outlined in 760 CMR 56.03(1).
The statutory requirement of MGL Chapter 40B is to provide 10% of the housing stock as affordable
housing units; this goal is also reflected in Barnstable’s Comprehensive Plan and the Regional Policy
Plan. According to the Executive Office of Housing and Livable Communities Subsidized Housing
Inventory as of June 29, 2023, the Town of Barnstable has 1,485 affordable units, comprising 6.78% of
the total housing stock.
Barnstable is current in the process of updating its Housing Production Plan, but the Town has not
been granted a certification of compliance with the plan by DHCD.1 The Town has also not been
certified as having shown recent progress2 towards achieving its Statutory Minima.
The project is not a large project as defined by 760 CMR 56.03 and this application has not been
previously received.
Project Eligibility – Findings in Determination - 56.04(4)
On May 25, 2023 the Mass Housing Finance Agency (MassHousing) issued a Project Eligibility/Site
Approval letter under the New England Fund (NEF) Program of the Federal Home Loan Bank of
Boston. In accordance with the Comprehensive Permit Regulations, the Project Eligibility Letter (PEL)
is a written determination of project eligibility by MassHousing acting as the Subsidizing Agency before
submitting its Project Eligibility application, the Applicant met with Town Staff and/or department heads
on November 9, 2022 for informal Site Plan Review to review the project.
The letter confirms that the Applicant and the project meet all minimum requirements of 760 CMR
56.04 Project Eligibility, which include:
1. The project shall be fundable by a subsidizing agency under a low and moderate-income
housing subsidy program: The letter includes findings by MassHousing that the project is eligible
under the NEF housing subsidy program and at least 25% of the units will be available to
households earning at or below 80% of the Area Median Income.
2. Site is appropriate for residential development. The MassHousing letter states that base on a
site inspection by MassHousing staff, internal discussions, and a thorough review of the
application, MassHousing finds that the site is suitable for residential use and development.
3. The conceptual design is generally appropriate for the site. The Masshousing letter found that
given the building massing, site arrangement, architectural design, density, topography,
environmental resources, they found it was appropriate.
4. The proposed project appears financially feasible. The Masshousing letter stated that
according to the appraisal report, the towns residential market appears stable and strong and that
the MassHousing team performed a Competitive Market Analysis and found that the proposed
market rents for each unit type fall within the range of adjusted comparable market rents.
5. The initial pro forma has been reviewed. MassHousing has commissioned an as “as is”
appraisal which indicates a land valuation of $260,000. Based on the proposed investment of
$3,353,596 in equity and permanent financing the development pro forma appears to be financially
feasible and within the limitations on profits and distributions.
1 If a community has a DHCD approved HPP and is granted certification of compliance with the plan by DHCD, a decision
by the Zoning Board of Appeals (ZBA) relative to a comprehensive permit application will be deemed "consistent with
local needs" under MGL Chapter 40B. "Consistent with local needs" means the ZBA's decision will be upheld by the
Housing Appeals Committee.
2 Defined as the addition of affordable units equal to 2% of total housing units within the last 12 months
Zoning Board of Appeals Planning and Development Staff Report
Appeal No. 2023-034 – Bayridge Realty LLC – MGL Chapter 40B
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6. The applicant shall be an eligible public agency, non-profit organization or a limited
dividend organization: The MassHousing letter confirms the project sponsor and development
team meet the general eligibility standards.
7. The applicant shall control the site.
The Applicant is the owner of the property, as evidenced by deed recorded with the Barnstable
County Registry of Deeds as Book 34556 Page 022, dated October 8, 2021.
Findings and Conditions
The initial hearing on November 8th is for the introduction of the project only. Staff has not drafted
suggested findings and conditions for the Board’s review and consideration at this time.
CC: Applicant, c/o Attorney Peter Freeman
Attachments: Comprehensive Permit Application and attachments