Loading...
Staff Report - RA 442 Main Street 1 v. 8/16/22 Town of Barnstable Planning & Development Department Staff Report Proposed Regulatory Agreement 442 Main Street, Hyannis Applicant/Developer: S&C Realty Investment Co., LLC Property Address: 442 Main Street, Hyannis, MA Assessor’s Map/Parcel: Assessor’s Map 309 Parcel 223 Property Owner: ARC Rock 17MA, LLC Zoning/Districts: Hyannis Village Business District, Aquifer Protection Overlay District, and Hyannis Main Street Waterfront Historic District Lot Area: 35,531 square feet +/- General Description of Proposed Request S&C Realty Investment Co., LLC (“Developer”) seeks to enter into a Regulatory Agreement for property at 442 Main Street, Hyannis with the Town of Barnstable. The Developer proposes to partially redevelop the property. The property has frontage on Hyannis Main Street, Winter Street, and North Street. The site is currently improved with a 20,512 sq. ft. two- story building with a rear parking area including a two-lane drive through that was formerly used for a bank. The proposed agreement would allow the existing structure to be repurposed to accommodate two first floor tenants: one tenant space fronting Main Street with a tenant to be determined (labeled retail area); and a coffee shop/food service establishment with access through the side of the building and a rear drive through. The second floor would be an addition consisting of five residential apartments. There are (2) two-bedroom and (3) one-bedroom apartments proposed. The existing drive-through canopy is proposed to be removed and a two-story addition is proposed to the rear of the building. The Developer proposes to reduce the widths of the existing curb cuts on Winter Street and North Street and install sidewalks where there are existing gaps on both Winter Street and North Street; landscape areas will be expanded and enhanced. Vehicle ingress would be limited to North Street; the curb cut on Winter Street would be egress-only. The Applicant also proposes to grant a pedestrian access easement between the subject property and the adjacent structure to the east, 438 Main Street, for public pedestrian access from Main Street to the North Street parking lot. This alley is a critical connection between the public parking areas on North Street and Main Street. The Developer also owns and operates a coffee shop with a drive-through at 149 North Street, Hyannis (at the corner of North Street and High School Road. The Developer has agreed to a condition that the drive-through at the North Street/High School location will be abandoned within one-year of receipt of an occupancy permit for the coffee shop with drive through at the subject property. 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 Section 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. 2 v. 8/16/22 Waivers Requested The Regulatory Agreement seeks the following waivers from the Zoning Ordinance, specifically:  Section 240-24.1.11(A)(3), Prohibition of Drive Through Window for Restaurant Use  Sections 240-24.1.3(D)(2)(a) and Section 240-56, Schedule of Parking Spaces  Sections 240-24.1.11(A)(6), Section 240-71, and 240-65 Signage The above referenced sections of the zoning ordinance are impacted due to the change of use on the site from a bank to mixed use requiring further parking and additional signage, and that a drive through is requested in a district where a drive through is prohibited. Recommendations & Approvals The Planning Board voted unanimously to recommend the proposed Regulatory Agreement to the Town Council on May 9, 2022.  A traffic memorandum was prepared for the project by VHB. The memorandum, which was reviewed by Town Planning and Public Works staff, concludes “the Project is expected to have minimal impact on operations at the study area intersections and along the study area roadways. In addition, the proposed drive -through operations should provide enough storage space for the drive-through queue on-Site without spilling back onto North Street.”  Planning Board materials The Hyannis Main Street Waterfront Historic District Commission issued Certificates of Appropriateness for the exterior alterations to the building and for the proposed signage on October 14, 2021.  The Developer is proposing to use a charcoal and gold leaf palate for signage located on the building, along with a charcoal drive-through canopy at the rear of the building. The Site Plan Review Committee reviewed the proposal and determined it could proceed to regulatory permitting; comments were issued in a letter dated March 15, 2021.