DRAFT Regulatory Agreement Findings to PB_10242022367 Main Street, Hyannis, MA 02601 (o) 508-862-4971 (f) 508-862-4782
Town of Barnstable
Planning Board
Regulatory Agreement Subcommittee
www.townofbarnstable.us/planningboard
October 2418, 2022
Barnstable Planning Board
367 Main Street
Hyannis, MA 02601
RE: Report of the Barnstable Planning Board Regulatory Agreement Subcommittee to the
full Barnstable Planning Board on a proposed Regulatory Agreement with Shoestring
Properties, LLC, RA-2022-002
Shoestring Properties, LLC has submitted an application to the Planning Board for a Regulatory
Agreement pursuant to Chapter 168 of the Code of 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.
The Planning Board, at the August 8, 2022 meeting, recommended a subcommittee be formed to
review the proposed Application in accordance with §168-5B of the Barnstable General
Ordinances, “Negotiations of the elements of a regulatory agreement between authorized parties
and a qualified applicant shall be led by the Planning Board or its designee and shall include
representatives from other municipal boards, departments and commissions where said joint
participation will assist the negotiation process”.
In order to develop a more inclusive and holistic negotiation process, a subcommittee has been
formed that consists of the two Planning Board members, two Town Council members, and one
Housing Committee member. The intent of the Subcommittee is to review the proposed
regulatory agreement and associated documentation in detail and provide a recommendation
back to the Planning Board.
The Regulatory Agreement Subcommittee held a duly posted and noticed public meeting on the
proposal on October 3, 2022. The matter was continued to October 13, 2022, and October 18,
2022, and October 24, 2022 where findings were determined.
Members
Stephen Robichaud
Steven Costello
Paula Schnepp
Jennifer Cullum
Hilda Haye
Staff
Director
Elizabeth Jenkins
Kate Maldonado
Assistant Director
James Kupfer
Senior Planner
Principal Assistant
Karen Herrand
367 Main Street, Hyannis, MA 02601 (o) 508-862-4971 (f) 508-862-4782
The following findings were determined by the Regulatory Agreement Subcommittee:
1. Regulatory Agreement 2022-002 Section 22 outlines public benefits proffered by the
Applicant. DPW has requested additional pedestrian improvements as outlined in the
attached document entitled Exhibit A. The Subcommittee finds that the proposed
improvements by DPW are an improvement to the pedestrian environment along the
project site and are a true public benefit. The Subcommittee recommends full
implementation of the improvements as detailed in Exhibit A.
2. The proposed plans for Regulatory Agreement 2022-002 originally indicated a proposed
maximum building height of 72+/- feet. Understanding that the proposal has undergone
formal review by the Hyannis Main Street Waterfront Historic District Commission on
February 16, 2022 and received a Certificate of Appropriateness for the proposed
buildings, the Subcommittee determined that the building height proposed was taller
than most others in the neighborhood and requested the Applicant review ways in which
the overall height may be lowered. The Applicant has submitted revised renderings with
an overall lower maximum building height of 65+/- feet. The Subcommittee finds this the
revised renderings retain the detail and character of the original proposal while reducing
the impact to the neighborhood. The Subcommittee finds the revised renderings
favorable.
3. The Subcommittee finds that the landscaping along the South Street frontage on the
proposed plans for Regulatory Agreement 2022-002 is not sufficient. The Subcommittee
recommends enhanced, more robust landscaping at this location.
4. Regulatory Agreement 2022-002 Section 21 states the “Developer will provide three (3)
offsite Housing Rental Units (65% Median Income Qualification) which will be restricted
in perpetuity”. The Subcommittee understands that a payment in lieu of providing
affordable onsite units is a mechanism many communities use to produce affordable
housing. However, the Subcommittee finds that there would be a significant gap
between the market rate units projected price points and the regulated affordable price
point which may render a project uneconomical. The Subcommittee recognizes the
request for a waiver to allow for off-site rental units to meet Chapter 9 Article I of the
General Ordinances, Inclusionary Affordable Housing. The Subcommittee finds that while
three inclusionary affordable units meet the formulaic requirement, there is no
description as to the kind and quality of the offsite rental units. The Subcommittee
recommends that prior to any recommendation by the Planning Board, the Applicant
shall provide full detailed plans and specifications including but not limited to square
footage, room dimensions, on site amenities for the proposed affordable unitsfor the
proposed units. In addition, given the likely discrepancy between the luxury waterfront
condominiums proposed on-site and the potential rental units provided, the
Subcommittee recommends a greater number of inclusionary units then the minimum
provided. The Subcommittee recommends a mix of unit types, with a minimum of nine
(9) bedrooms in total provided with in a total offsite affordable unit count of no less than
five (5) units. The inclusionary housing unit plans should be included as Exhibit B of
Regulatory Agreement 2022-002. In addition, the Subcommittee recommends that all
LIP/LAU applications for the inclusionary housing units required for this Site shall be
367 Main Street, Hyannis, MA 02601 (o) 508-862-4971 (f) 508-862-4782
submitted to the Massachusetts Department of Housing and Community Development
prior to the first occupancy building permit being issued for Dockside Condominiums. The
application shall be concurrently provided to the Barnstable Planning and Development
office for review and compliance with this regulatory agreement. As well as all lotteries
and marketing for each inclusionary housing unit shall be completed prior to the first
occupancy permit being issued for Dockside Condominiums.
5. Regulatory Agreement 2022-002 Section 25 describes the requested use of the School
Street right of way for parking purposes. The Subcommittee finds that if parking access is
granted, the regulatory agreement shall stipulate that the Dockside Condominium shall
professionally manage and maintain accessibility on School Street between South Street
and the Harbor to ensure that site related vehicles do not impede accessso and that
accessibility for emergency services is available at all times and no unauthorized parking
occur in these spaces.
6. The Subcommittee finds that the Dockside Condominium is not an appropriate location
for short-term rentals. The Subcommittee recommends an added stipulation that the
Homeowners Association’s governing documents shall include a provision that short-
term rentals shorter than three (3) months shall be prohibited.this Site shall allow only
one rental, per unit, per calendar year, for no less than 30 days. The Homeowners
Association’s governing documents shall be submitted to the Barnstable Town Attorney
for review and compliance with this regulatory agreement.
7. The Subcommittee finds that with these changes, section B(2) Regulatory Agreement
2022-002 shall be updated to reflect new plans and documents.
8. The Subcommittee finds that with these changes, section 23 of the Regulatory
Agreement shall be updated to reflect new waiver specifications.
At the conclusion of the final meeting, the Regulatory Agreement Subcommittee voted to offer
the following findings for the Planning Board’s consideration prior to a decision rendered for
Regulatory Agreement No. 2022-002.
Respectfully Submitted,
_________________________________________________
Stephen Robichaud, Planning Board Regulatory Agreement Subcommittee
Attachment: Exhibit A – DPW Recommended Improvements
cc: Matthew Levesque, President, Town Council
Elizabeth Jenkins, Director, Planning & Development
Ann Quirk, Town Clerk