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SR - RA Dockside 10122023 1 Town of Barnstable Planning & Development Department Staff Report Proposed Regulatory Agreement Dockside Residences 110 School Street and 115 School Street, Hyannis Date: October 12, 2023 Applicant: Shoestring Properties, LLC Property Address: 110 School Street and 115 School Street, Hyannis, MA Assessor’s Map/Parcel: Assessor’s Map 326 Parcel 121 and 125 Property Owner: Shoestring Properties, LLC Zoning: Hyannis Harbor District zoning district; the Hyannis Main Street Waterfront Historic District; and the Aquifer Protection Overlay District. Lot Area: 110 School Street has 24,829 square feet +/- 115 School Street has 33,541 square feet +/- Background The Planning Board is in receipt of an application for a new proposed Regulatory Agreement called Dockside Residences. October 16, 2023 will be the first meeting of the Board to hear this proposed agreement. The project before the Board is substantially the same as the one previously submitted in 2022. While this is a brand-new application much work had been done previously to review the proposal before the Board. 2022 Regulatory Agreement The Planning Board opened a public hearing for the Dockside Regulatory Agreement on August 8, 2022. At that meeting the Board recommended a Subcommittee for Regulatory Agreements be formed to review th e proposed Application in accordance with §168-5 of the Barnstable General Ordinances. The Subcommittee consisted of two Planning Board members, two Town Councilors, and a Housing Committee member. The Subcommittee held four meetings. At the conclusion of the fourth meeting, the Subcommittee submitted a letter of findings for the Planning Board’s consideration . On November 2nd the Planning Board members individually visited the Site with a Staff member. The Applicant provided a height demonstration on site for the Board to better understand overall height impacts. No deliberation was made during these visits and no new material was provided. Following the site visit and the recommendation letter from the Subcommittee, and with further input from the Planning Board, the Applicant proposed revised renderings for the Board’s consideration. With the alteration to the design, the Applicant also included an additional waiver request. With the new waiver request, the Chairman recommended that the Applicant re-notice the hearing to properly inform all parties of the change. The re-noticed hearing was scheduled for December 12, 2022. The Applicant submitted a revised plan set, elevations and a redlined regulatory agreement for the Board’s consideration. The Board continued the matter once more to January 23, 2023. Prior to the January 23, 2023 Planning Board meeting the Applicant had provided revised plan set, elevations and a redlined regulatory agreement for the Board’s consideration which proposed two four and one half story buildings reduced from the original five and one half story proposal and the subsequent five story proposal. The Applicant ha d also reduced the number of total units from 34 to 29 units. Subsequently, the Board closed the hearing. The Board ultimately voted to not recommend execution of the proposed Regulatory Agreement. 2 2023 Proposed Regulatory Agreement The Site Plan provided to this Board is dated last revised August 31, 2023 to incorporate citations for the updated Downtown Hyannis zoning amendment. No changes have been made to the site design. General Description of the Proposed Request Shoestring Properties, LLC seeks to enter into Regulatory Agreement 2023-002 Dockside Residences with the Town of Barnstable. The Applicant proposes to construct twenty-nine (29) condominium units in two (2) buildings with associated improvements at 110 School Street and 115 School Street, Hyannis. The redevelopment consists of eighteen (18) 3- bedroom units and eleven (11) 2-bedroom units. A total of 70 parking spaces will be provided underneath the development in two garages. Currently, 110 School Street and 115 School Street are vacant lots. 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 §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. Waivers Requested The Regulatory Agreement seeks the following waivers from the Zoning Ordinance, specifically: ▪ Section 240-24.1.3.B.2 Development Review to waive the standards of the Design and Infrastructure Plan to the extent the project does not meet the Design and Infrastructure Plan standards. ▪ Section 240-24.1.3.B.2(b) to waive the requirement for Formal Site Plan Review. ▪ Section 240-24.1.5.A.(1) Standards for all Districts to waive certain building standards for frontage type, maximum number of building stories, maximum building height, and certain building components. ▪ Section 240-24.1.5.C(3)(b) to waive location of parking within the frontage area. ▪ Section 240-24.1.5.D(2)(i) to waive the required landscape plan stamped by a Massachusetts registered Landscape Architect. ▪ Section 240-24.1.5.E(3) to waive certain surface parking lot design standards. ▪ Section 240-24.1.10.C Hyannis Harbor District to waive certain building standards for setbacks, height requirements, and building stories. ▪ Section 240-24.1.10.F to waive certain landscape requirements in the Hyannis Harbor District. The Regulatory Agreement seeks the following waivers from the General Ordinance, specifically: ▪ Chapter 9 Inclusionary Housing to allow for six (6) off-site rental units (three at 65%AMI and three at 80%AMI) at 310 Barnstable Road. All six units consisting of 3-bedroom units which will be deed restricted in perpetuity. ▪ Chapter 112, Article III, Hyannis Main Street Waterfront Historic District, requirement for a Certificate of Appropriateness from the Hyannis Main Street Waterfront Historic District Commission for all revisions that have occurred to the project as a result of the Regulatory Agreement process that differ from the Hyannis Main Street Waterfront Historic District Certificate of Appropriateness for this project approved on February 16, 2022. Other Reviews & Approvals Site Plan Review The proposal attended Informal Site Plan Review and was approved to continue to Formal Site Plan Review at the Informal Site Plan Review meeting held on February 1, 2022. Subsequently, the proposal was reviewed at Formal Site Plan Review, due to the need to seek zoning relief, and was approved to proceed to apply for a Regulatory Agreement before the Planning Board at the Formal Site Plan Review meeting held on February 3, 2022. As a new application, the project would require Formal Site Plan Review in accordance with the updated zoning. The Applicant is seeking a waiver from the updated Formal Site Plan Review. 3 Hyannis Main Street and Waterfront Historic District The subject property is located within the Hyannis Main Street and Waterfront Historic District. The original proposal was reviewed and approved by the Hyannis Main Street and Waterfront Historic District Commission at their meeting held on February 16, 2022. Procedural Information ▪ Notice of the proposed Regulatory Agreement and public hearing was provided in the Barnstable Patriot, to abutting property owners, and to interested parties as required by §168-8(D). ▪ An affirmative majority vote of the Planning Board recommending execution of the proposed Regulatory Agreement is required. ▪ Upon an affirmative recommendation from the Planning Board, a two -thirds affirmative vote of the Town Council is needed to authorize the Town Manager to execute the proposed Regulatory Agreement. ▪ A draft Regulatory Agreement was submitted for the Board’s consideration.