Staff Report - RA Flagship Estates 320 Stevens Street1
Town of Barnstable
Planning & Development Department
Staff Report
Second Amendment to Regulatory Agreement – 320 Stevens Street, Hyannis
Flagship Estates Condominiums, LLC
Applicant/Owner: Flagship Estates Hyannis, LLC
Property Address: 320 Stevens Street, Hyannis
Assessor’s Map/Parcel: Map 308 Parcel 004
Zoning: Office/Multifamily Residential District (OM)
Lot Area: 2.73 acres
General Description
The subject agreement was transferred (twice) and the current owner is Flagship Estates Hyannis, LLC (Condyne Capital
Partners). Flagship Estates Hyannis, LLC seeks a second amendment to the Regulatory Agreement for 320 Stevens Street in
Hyannis. The subject property is zoned Office/Multifamily Residential District (OM). The total area of the lot is
approximately 2.73 acres.
Please find a summary below of the original Regulatory Agreement, the first amendment and the proposed second
amendment before you. As defined in the letter submitted by Attorney Eliza Cox on behalf of Flagship Estates Hyannis, LLC,
dated March 1, 2022, 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.
Original Regulatory Agreement (October 16, 2006)
The Town entered into the original Regulatory Agreement on October 16, 2006 authorizing construction of twenty-nine (29)
residential condominium units in seven (7) buildings (Buildings A-G) per the original approved plan set. In accordance with
Town’s Inclusionary Affordable Housing Ordinance, Chapter 9 of the Barnstable Code, developments with more than ten
(10) units are required to provide 10% of the total units as deed restricted on-site as affordable units. Subsequently, the
development was required to provide a total of three (3) deed restricted affordable units to be located on-site. The agreed
upon Regulatory Agreement permitted the development to locate all three (3) of the required affordable housing units off-
site.
First Amendment (July 23, 2008)
A first Amendment to the Regulatory Agreement, dated July 23, 2008, was executed to modify the affordable housing
requirements. This amendment allowed two (2) of the required affordable units to be provided on-site and the remaining
one (1) unit to be provided off-site. Per modified Condition No. 12, all affordable units were to have been provided prior to
the issuance of the certificate of occupancy for the 18th unit1. Additionally, Condition No. 10 of the Regulatory Agreement
states the “Developer agrees to construct the Development within three years from the effective date of this Agreement.”
Proposed Second Amendment (March 2022)
At this time, six (6) of the seven (7) buildings have been constructed containing a total of twenty-four (24) residential units.
The foundation for Building E exists, but the building was never constructed. Two (2) on-site affordable residential units
were conveyed to the Barnstable Housing Authority to be used for affordable housing. One (1) one-bedroom and one (1)
two-bedroom unit are owned by the Barnstable Housing Authority2. Despite having occupancy for more than 18 units (24
units have been constructed to date), the third affordable unit, to be located off-site, was never established and
furthermore, the duration of the first amendment, defined to be three (3) years post July 23, 2008 has been exceeded.
1 16 units (Buildings A-D) were constructed circa 2007. Eight units (buildings F-G) were constructed circa 2011. The foundation permit for Building E was
pulled in 2015.
2 308-004-00A, Building A, A1 & 308-004-00F, Building B, B1
2
Flagship Estates Hyannis, LLC no longer intends to construct Building E shown on the original approved plans, and instead,
proposes to remove the existing foundation and construct, in its place, eight (8) new paved parking spaces to support the
existing condominiums, a new bike rack, and grasses and plantings as shown on the proposed Site and Landscape Sketch
Plan dated June 11, 2021. Subsequently, Flagship Estates Hyannis, LLC is proposing a second amendment to the Regulatory
Agreement in accordance with the proposed site changes.
Based on the proposed reduction in the total number of units within the development from twenty-nine (29) to twenty-
four (24) units, the required affordable units established per Chapter 9 would be reduced to two (2) affordable housing
units to be provided on-site. Staff researched the administration of the inclusionary ordinance and found this position to be
consistent past practice3. With a total of twenty-four (24) units, the proposal would be in compliance with Chapter 9 as two
(2) affordable units located on-site have been 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 second amendment to the original Regulatory Agreement does not seek any waivers.
Other Reviews & Approvals
Site Plan Review
The proposed second amendment to the original Regulatory Agreement for Flagship Estates Hyannis, LLC was reviewed by
the Site Plan Review Committee (Building, Department of Public Works, Hyannis Fire District, etc.) pursuant to Article IX of
the Zoning Ordinance. The Committee approved the proposal noting that the proposal may proceed onto the Regulatory
Agreement process.
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.
The proposed amendment does modify the intensity and mitigation stipulations, but both are less intense than approved.
The current development is in compliance with the underlying zoning regulations and Chapter 9. However, it should be
noted that the developer has enjoyed use of six (6) units for the past 10 years without providing the final required
affordable unit and the developer did not meet obligation to complete development within the three year time period.
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 second amendment qualifies as a minor amendment and may proceed to the Town Manager for
consideration; or
the proposed second 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.
3 It is common for inclusionary ordinances to require “rounding up” for any fractions of units that may be required. The Barnstable ordinance provides no
guidance on rounding up, and there have been several instances of rounding up only at fractions of .5 or above.
3
Attachments:
Letter to Planning Board Chair (March 1, 2022)
DRAFT Second Minor Amendment to Regulatory Agreement
Original Recorded Regulatory Agreement
First Amendment Recorded Regulatory Agreement
Site and Landscape Sketch Plan dated June 11, 2021 prepared by Cape & Islands Engineering
Site Plan Review Approval Letter