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SR - SP 50 Main StreetTown of Barnstable Planning & Development Department Staff Report v.2 Special Permit Application No. 2023-04 Nile Morin 50 Main Street, Hyannis, MA Date: October 19, 2023 To: Stephen Robichaud, Chair, Planning Board From: Planning & Development Department Staff Applicant: Nile Morin Property Address: 50 Main Street, Hyannis, MA Assessor’s Map/Parcel: 342/026 Zoning District: Downtown Village Zoning District Wellhead Protection Overlay District Background and Relief Requested The Applicant and Owner Nile Morin proposes to demolish the existing commercial building and to construct five residential duplexes at 50 North Street. The property is in the Downtown Village Zoning District and Wellhead Protection Overlay District. The Applicant has requested relief from Section 240- 24.1.7(B)(3)(c) of the Barnstable Zoning Code for relief from façade buildout requirements. The Applicant proposes a 45 percent building frontage buildout where 80 percent minimum is required. The subject property is located at 50 Main Street, Hyannis. Other Approvals The Applicant filed an application for Site Plan Review and the proposal was considered and found to be approvable at the August 17, 2023 Formal Site Plan Review meeting. Due to the request for zoning relief, the Building Commissioner conditioned the approval on the receipt of façade buildout relief from the Planning Board among other conditions. Staff Comments The Applicant seeks to change the use from commercial to residential and construct five new structures on a lot within the Downtown Village Zoning District. The Applicant intends to demolish the existing structure which currently provides a 43 percent façade buildout. The Downtown Village Zoning District requires a minimum of 80 percent façade buildout along the primary frontage. The Applicant proposes a new structure that will provide a 45 percent façade buildout. Façade buildout is the length of any exterior wall of a principal building oriented toward a front lot line as it relates to the frontage length of the lot. Façade Length Frontage Length Planning & Development Staff Report Special Permit No. 2023-04 – 50 Main Street 2 In the Board’s discretion to approve or deny a special permit authorizing relief from the minimum façade buildout requirements, the Planning Board must find the issuance of the special permit is consistent with the design and infrastructure plan. Decision If the Board needs additional information for consideration the Board may make a motion to continue SP 2023-004 50 Main Street, Hyannis to November 13, 2023 at 7:00 PM. If the Board has exhausted their review the Board may close the hearing. After Board deliberation a motion may be made: To (approve, approve with conditions, or disapprove) Special Permit 2023-004 50 Main Street, Hyannis. Prior to second please list applicable findings. If with conditions please reference the conditions prior to the second. Draft Findings 1. The property location is 50 Main Street, Hyannis, MA, Hyannis is shown on Assessor’s Map 342 Parcel 026 in the Downtown Village Zoning District and Wellhead Protection Overlay District. 2. The Applicant and Owner Nile Morin, seeks a Special Permit pursuant to Section 240-24.1.7(B)(3)(c) of the Barnstable Zoning Code. The Applicant proposes a 45 percent building frontage buildout where 80 percent minimum is required. 3. The Planning Board finds that the issuance of the Special Permit is consistent with the Design and Infrastructure Plan and that the development meets the following criteria: a. Creates housing opportunities for persons and households of all income levels; b. Orients both residential entry to face public streets; c. The development provides for the minimizing of curb cuts and driveways on Main Street through a shared driveway for all units. 4. The application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. Section 240-24.1.7(B)(3)(c) allows the Planning Board to reduce façade buildout requirements by Special Permit. 5. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the zoning ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. 6. A Site Plan has been reviewed and approved by the Site Plan Review Committee. The conditions of Informal and Formal Site Plan Review shall be incorporated by reference as conditions of this Special Permit. Planning & Development Staff Report Special Permit No. 2023-04 – 50 Main Street 3 7. The application proposes 10 residential dwelling units. Therefore, the Developer shall provide one (1) Affordable Housing Unit in accordance with Chapter 9 Affordable Housing, Article I Inclusionary Affordable Housing Requirements and as conditioned further herein. Draft Conditions Should the Board find to grant the Special Permit for the requested relief, it may wish to consider the following conditions: 1. The relief granted shall be substantially in conformance with the record plans entitled “Site Plan at 50 Main Street Barnstable. Mass” dated June 22, 2023, prepared for Nile Morin, by Sullivan Engineering and Consulting, Inc. 2. This Special Permit shall apply to 50 Main Street, Hyannis, MA, Applicant and Owner Nile Morin, Map 342 and Parcel 026. 3. This Special Permit Modification shall allow for the reduction of the façade buildout requirements. The Applicant shall provide 45 percent façade buildout where 80 percent minimum is required. 4. Informal and Formal Site Plan Review conditions of approval are hereby incorporated into this Decision. 5. The Developer shall provide one (1) Affordable Housing Unit in accordance with Chapter 9 Affordable Housing, Article I Inclusionary Affordable Housing Requirements. The unit shall be deed restricted in perpetuity in accordance with the conditions herein; a. Unit shall be qualified affordable units to tenants with qualifying incomes as defined by the U.S. Department of Housing and Urban Development; b. Such residential dwelling unit shall remain affordable in perpetuity and shall provide a deed restriction, regulatory agreement and monitoring agreement and similar documentation as may be required by and approved by the Barnstable Town Attorney and Dept. of Housing and Community Development. c. The Developer shall record a ‘Regulatory Agreement and Declaration of Restrictive Covenants’, in form and content approved by the Town Attorney and Dept. of Housing and Community Development assuring that the affordable unit will remain dedicated as such in perpetuity and that they are protected in the event of a foreclosure from loss of their affordable status. d. The Developer shall retain a monitoring agent for this development and prepare a Monitoring Services Agreement in a form and content as approved by the Town Attorney. The monitoring agent shall provide an annual report to the Planning Board demonstrating compliance with required conditions. e. All costs associated with monitoring for consistency with the affordable housing Regulatory Agreement shall be borne by the Applicant. f. Developer shall prepare a Local Action Unit application for approval by Barnstable Local Housing Partnership, Town Manager, and Dept. of Housing and Community Development. g. Developer shall prepare and implement an Affirmative Fair Housing Marketing and Tenant Selection Plan that satisfies Local Initiative Program requirements for approval by Town Attorney and Department of Housing and Community Development. Planning & Development Staff Report Special Permit No. 2023-04 – 50 Main Street 4 h. The Affordable Unit shall not be segregated within the building in which it is located. The Affordable Unit shall satisfy the design and construction standards and guidelines of the Local Initiative Program with regard to distinguishability from market rate units. It is the intent of this section that the affordable unit shall be eligible for inclusion in the DHCD Subsidized Housing Inventory as LIP units. i. The monthly rent charged to tenants of the Affordable Unit shall not exceed an amount equal to thirty percent (30%) of the monthly adjusted income of a Family whose gross income equals sixty-five percent (65%) of the median income for the Area (as provided by HUD), with adjustment for the number of bedrooms in the Units. j. In determining the maximum monthly rent that may be charged for the Affordable Units under this clause, the Owner shall include an allowance for any utilities and services to be paid by the resident. The Owner shall annually submit proposed rents to the Town of Barnstable for approval. k. No Building Permit for the development shall issue unless and until the Developer submits credible evidence to Town Attorney’s Office that it has submitted a Local Initiative Program (LIP) Application and the fees, if any, to the Department of Housing and Community Development for the creation of the affordable housing unit. 6. The proposed redevelopment shall represent full build-out of the lot. Further expansion of the structure is prohibited without prior approval from the Board. 7. This Decision shall be recorded at the Barnstable County Registry of Deeds and copies submitted to the Planning Board and Building Division prior to the issuance of any building permit and commencement of use. 8. The rights of this Special Permit must be exercised within 2 years from the date it is filed with the Town Clerk’s Office.