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HomeMy WebLinkAboutSR - RA Amendment 442 Main St1 Town of Barnstable Planning & Development Department Staff Report Amendment to Regulatory Agreement – 442 Main Street, Hyannis S&C Realty Investment Co., LLC Applicant/Owner: S&C Realty Investment Co., LLC Property Address: 442 Main Street, Hyannis Assessor’s Map/Parcel: Map 309 Parcel 223 Zoning: Downtown Main Street Lot Area: .81 acres General Description S&C Realty Investment Co., LLC seeks a minor amendment to the Regulatory Agreement for 442 Main Street, Hyannis. The subject property is zoned Downtown Main Street District (DMS). The total area of the lot is approximately .81 acres. Please find a summary below of the original Regulatory Agreement and the proposed amendment before you. As defined in the letter submitted by Attorney Patrick Nickerson on behalf of S&C Realty Investment Co., LLC, dated August 28, 2024, the intent of this meeting is to determine if the proposed amendment qualifies as a minor amendment or a substantial amendment in accordance with §168-5D. Proposed Amendment The Developer proposes two amendments to the agreement: • Add one dumpster - Addition of a dumpster to accept recyclable materials and; • Change of Bedroom Configuration – The agreement approved 3 one bedroom units and 2 two bedroom units. The proposed amendment is to have 2 one bedroom units and 3 two bedroom units. The location of the dumpster and floor plans are within the materials provided. Regulatory Agreement Districts Pursuant to Chapter 168 of the Code of the Town of Barnstable, the Town may enter into Regulatory Agreements with qualified applicants in areas shown on the Regulatory Agreements District Map. The subject property is located within the area delineated for Regulatory Agreements. Waivers Requested The proposed amendment to the original Regulatory Agreement does not seek any waivers. Staff Comments In accordance with Chapter §168-5 of the Code of the Town of Barnstable the Town Manager may approve, on behalf of the Town, a minor amendment to a Regulatory Agreement. A minor amendment is one that does not alter the use, intensity or mitigation stipulations of the Regulatory Agreement, and does not include any other “substantial” amendment. Major modifications may only be made by the Town Manager with “written concurrence” from the Planning Board, Town Council, and Applicant. The process for a major modification follows the process for a new regulatory agreement. 2 Procedural Information At the recommendation of the Town Attorney’s Office, staff brings this request before the Planning Board for a determination and a vote if: • the proposed amendment qualifies as a minor amendment and may proceed to the Town Manager for consideration; or • the proposed amendment is a substantial amendment in accordance with §168-5D and shall be considered and voted by the Planning Board and Town Council at a public hearing. An affirmative majority vote of the Planning Board present and voting is required.