10-20-23 Proposed Updated Draft Regulatory Agreement - Redlined
REGULATORY AGREEMENT
110 School Street and 115 School Street, HYANNIS
This Regulatory Agreement ("Agreement") is entered into by and between the
applicant, Shoestring Properties, LLC (the "Applicant" and/or "Developer"), a
Massachusetts limited liability company with a mailing address of 297 North Street,
Hyannis, Massachusetts 02601, and the Town of Barnstable (the "Town"), a
municipal corporation with a mailing address of 367 Main Street, Hyannis, MA 02601,
on this ____ day of __________, 2023, pursuant to Section 240-24.1 of the Barnstable
Zoning Ordinance and Chapter 168 of the Code of the Town of Barnstable.
WITNESSETH:
WHEREAS, this Agreement shall establish the following: permitted uses, densities,
traffic, and parking within the proposed Redevelopment (as defined herein), the
duration of this Agreement, and any other terms and conditions mutually agreed upon
between the Applicant and the Town;
WHEREAS, pursuant to Section 168-3 of the Code of the Town of Barnstable, the Town
of Barnstable is authorized to enter into a Regulatory Agreement with a qualified applicant
within the Regulatory Agreement District, as the Town's Local Comprehensive Plan has
been certified by the Cape Cod Commission as consistent with the Regional Policy Plan
and said certification has not been revoked, and the Town has adopted the enabling
regulation contained in Sections 168-1 through 168-10;
WHEREAS, Developer is the owner of the properties at 110 School Street, Hyannis,
Massachusetts consisting of 32,870+/- square feet (0.75+/- acres), shown on Town of
Barnstable Assessor’s Map 326 as Parcel 121 and 115 School Street (formerly 53 South
Street), Hyannis, Massachusetts consisting of 24,820+/- square feet (0.57+/- acres), shown
on Town of Barnstable Assessor’s Map 326 as Parcel 125. Collectively, the two parcels
are referred to herein as “the Property”;
WHEREAS, the parcel at 110 School Street was developed with a two-story building
consisting of approximately 6,636 square feet, operating as a restaurant on the first floor
with three residential apartments on the second floor. The building has been razed and
the parcel is now a vacant lot. The parcel at 115 School Street is a vacant lot;
WHEREAS, the Property has frontage on South Street to the north and is bisected by
School Street and has access to School Street;
WHEREAS, the Property consists of approximately 57,690 square feet of land and is located
in the Downtown Hyannis Zoning Districts; the Hyannis Harbor zoning district; the Hyannis
Main Street Waterfront Historic District; and the Aquifer Protection Overlay District;
WHEREAS, Developer proposes to: redevelop the property by removing the existing
parking lot, retaining walls, foundation remnants, and subsurface drainage and construct
twenty-nine (29) condominium units in two (2) buildings. The units will consist of
eighteen (18) 3-bedroom units and eleven (11) 2-bedroom units. A total of 70 parking
spaces will be provided. At least one parking space for each condominium unit will be
located in underground garages beneath the condominium units. Some guest parking will
be available in the underground garages and additional guest parking will be provided at
street level. Also to be constructed are two (2) trash sheds; a swimming pool with pool
deck; and a courtyard area. An 8-foot wide shared use path will be constructed along the
property frontage on South Street and sidewalks running from South Street along each side
of School Street to the end of the property are to be constructed. New lighting and
landscaping will be installed, all as shown on the Redevelopment Plans listed below in
paragraph 2;
WHEREAS, the Redevelopment is consistent with the Town of Barnstable's Design
and Infrastructure Plan in that the proposed project provides an 8-foot wide shared use
path running along the Property frontage on South Street and sidewalks along each
side of School Street to the end of the Property; the scale, placement, materials, design,
and details of the re-developed building comply with the Design and Infrastructure
Plan guidelines; and the project provides the infrastructure necessary to support the
project;
WHEREAS, the Town and Applicant desire to set forth in this Agreement their
respective understandings and agreements with regard to the Redevelopment;
WHEREAS, the Applicant is willing to commit to the reuse of the Property in
accordance with this Agreement and desires to have a reasonable amount of
flexibility to carry out the reuse and therefore considers this Agreement to be in its
best interests;
WHEREAS, this Agreement shall vest land use development rights in the property for the
duration of the agreement, and such rights shall not be subject to subsequent changes in
local development ordinances, with the exception of changes necessary to protect the public
health, safety or welfare;
WHEREAS, the Redevelopment will not require regulatory review under the Massachusetts
Environmental Policy Act (MEPA);
WHEREAS, the Property is located in the Downtown Hyannis Growth Incentive Zone
(GIZ) as originally approved by the Cape Cod Commission by decision dated April 6,
2006 and re-designated by decision dated April 19, 2018, and as authorized by
Barnstable County Ordinance 2005-13, as amended by Barnstable County Ordinance
10-19, 14-05, 17-11, and 18-11, Chapter G, Growth Incentive Zone Regulations of
the Cape Cod Commission Regulations of General Application;
WHEREAS, the Development is not subject to review by the Cape Cod Commission as a
Development of Regional Impact due to its location in the GIZ and due to the adoption of
Barnstable County Ordinance 2006-06, as amended by Barnstable County Ordinance 10-
19, 14-05, 17-11 and 18-02, establishing revised development thresholds within the GIZ,
under which this development may proceed and Developer has submitted a Jurisdictional
Determination to the Town of Barnstable Building Department to confirm the same;
WHEREAS, the Redevelopment has undergone formal site plan review and the Town
of Barnstable Site Plan Review Committee determined the Redevelopment Plans
approvable by decision dated February 8, 2022, and Developer shall submit final plans
consistent with the terms and conditions contained in this Agreement to the Building
Commissioner to determine whether any modifications to the Site Plan Review
approval are necessary prior to any building permits being issued for the
Redevelopment;
WHEREAS, the Redevelopment proposal has undergone formal review by the
Hyannis Main Street Waterfront Historic District Commission on February 16, 2022
and received a Certificate for Demolition or Removal to tear down the existing
building located at 110 School Street, which building has been demolished and
removed;
WHEREAS, the Redevelopment 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 issuance of the Certificate
of Appropriateness was appealed and the Appeals Committee upheld the decision to issue
the Certificate of Appropriateness at a meeting on April 26, 2022;
WHEREAS, the Redevelopment has undergone formal review by the Town of Barnstable
Conservation Commission on June 7, 2022 and the project received approval and an Order
of Conditions was issued allowing the project to move forward;
WHEREAS, the Redevelopment proposal has undergone a public hearing opened on
________________ and closed on ___________ on the Agreement application and
received an affirmative majority vote from the Planning Board on __________, 2023;
WHEREAS, the Redevelopment proposal has undergone a public hearing opened on
__________ and closed on __________ on the Agreement application before the
Barnstable Town Council and has received a two-thirds vote approving the Agreement
on ______________, 2023;
WHEREAS, this Agreement authorizes only the uses, intensity of uses, and dimensions
specified herein. Any substantial deviation from the authorized terms of this
Agreement shall require review by the Town Council and Planning Board pursuant to
Chapter 168-10 of the Code;
NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set
forth, and other good and valuable consideration, the receipt and sufficiency of which each
of the parties hereto hereby acknowledge to the other, Developer and the Town do enter
into this Agreement, and hereby agree and covenant as follows:
1. Description of Existing and Proposed Conditions:
A. Existing Conditions
The Property is developed as follows:
• The parcel at 110 School Street (“the East Parcel”) contained a two-story
building consisting of approximately 6,636 square feet, which was recently
demolished. The first floor was used as a restaurant and the second floor
had three residential apartments;
• The East Parcel has two curb cuts providing access to and from School
Street;
• There is a parking lot with 33 spaces; and
• There is minimal landscaping.
• The parcel at 115 School Street (formerly 53 South Street) – (“the West
Parcel”) is a gravel lot;
• The West Parcel has a retaining wall which was part of an old motel
building;
• The West Parcel has an undefined curb cut providing access to and from
School Street; and
• There is no landscaping.
B. Proposed Redevelopment
1. The proposed Redevelopment involves development as follows and as shown
on the Redevelopment Plans listed below in paragraph 2:
• On the East Parcel, the retaining walls, parking lot pavement, and
subsurface drainage areas will be demolished and removed from the site;
o A new multi-family housing building containing 15 units will be
constructed with the exterior consisting of cement fiber shingles of
differing shades of grey with white trim and some stone work;
o The building will consist of a mixture of 4 two-bedroom
condominium units and 11 three-bedroom condominium units;
o Multiple porches, patio areas, and a pool with patio are to be
constructed;
o An underground parking garage with 33 spaces will be constructed
under the building along with 8 parking spaces and a drop-off area
at street level;
o A refuse shed will be constructed off of School Street;
o All utilities will be placed underground and new granite curbing and
a rebuilt 8-foot wide shared-use path will be constructed along the
parcel frontage on South Street and a 5-foot-wide sidewalk will be
constructed along the parcel frontage on School Street; and
o New drainage facilities will be installed.
• On the West Parcel, the old motel retaining/foundation wall will be
demolished and removed. The subsurface drainage shall be demolished and
removed and the overhead wires and poles will be removed;
o A new multi-family housing building containing 14 units will be
constructed with the exterior consisting of cement fiber shingles of
differing shades of grey with white trim and some stone work;
o The building will consist of 7 two-bedroom condominium units and
7 three-bedroom condominium units;
o Multiple porches and patio areas are to be constructed;
o An underground parking garage with 27 spaces will be constructed
under the building along with 2 parking spaces and a drop-off area
at street level;
o A refuse shed will be constructed off of South Street;
• All utilities will be placed underground and new granite curbing and a
rebuilt 8-foot wide shared-use path will be constructed along the parcel
frontage on South Street and a 5-foot wide sidewalk will be constructed
along the parcel frontage on School Street;
• New drainage facilities will be installed.
• The roadway of School Street between the properties will be removed, all
utilities placed underground, and a full depth of pavement rebuilt with new
gravel and granite curbing with four inches of bituminous concrete and new
pavement markings installed to town subdivision specifications as indicated
on the plans; and
• Trees and landscape and bollard pedestrian lighting will be installed along
the roadway as indicated on the plans.
• The intersection of School Street and South Street will be re-built in
accordance with the Town of Barnstable Department of Public Works plan
entitled “Markups to Applicant’s Plan” which was submitted to the
Dockside Condominiums Regulatory Agreement Subcommittee on October
13, 2022, except that the Town of Barnstable will be responsible for any
pedestrian signals and beacons.
2. The Developer agrees to construct the Redevelopment on the Property in
accordance with the Redevelopment Plans which are submitted herewith and
which are entitled as follows:
a. “Layout Site Plan of Land in (Hyannis) Barnstable, MA Prepared For
Shoestring Properties LLC Date: 1-24-2022, Revised: 2-2-2022 and 6-30-2022
(SPR comments), Revised: 4-12-2022 (Formal SPR comments), Revised 8-2-
2022, Revised 11-30-22, Revised 1-11-2023 (Reduce Height/Story/Units),
Revised 8-31-2023 (Update Zoning)” drawn by Down Cape Engineering, Inc.,
Sheet 1/6;
b. “Landscape Site Plan of Land in (Hyannis) Barnstable, MA Prepared For
Shoestring Properties LLC Date: 1-24-2022, Revised: 2-2-2022 and 6-30-2022
(SPR comments), Revised: 4-12-2022 (Formal SPR comments), Revised 8-2-
2022, Revised 11-30-22, Revised 1-11-2023 (Reduce Height/Story/Units),
Revised 8-31-2023 (Update Zoning)” drawn by Down Cape Engineering, Inc.,
Sheet 2/6;
c. “Existing Conditions/Demolition Site Plan of Land in (Hyannis)
Barnstable, MA Prepared For Shoestring Properties LLC Date: 1-24-2022,
Revised: 2-2-2022 and 6-30-2022 (SPR comments), Revised: 4-12-2022
(Formal SPR comments), Revised 8-2-2022, Revised 11-30-2022, Revised 1-
11-2023 (Reduce Height/Story/Units), Revised 8-31-2023 (Update Zoning)”
drawn by Down Cape Engineering, Inc., Sheet 3/6;
d. “Utilities Site Plan of Land in (Hyannis) Barnstable, MA Prepared For
Shoestring Properties LLC Date: 1-24-2022, Revised: 2-2-2022 and 6-30-2022
(SPR comments), Revised: 4-12-2022 (Formal SPR comments), Revised 8-2-
2022, Revised 11-30-2022, Revised 1-11-2023 (Reduce Height/Story/Units),
Revised 8-31-2023 (Update Zoning)” drawn by Down Cape Engineering, Inc.,
Sheet 4/6;
e. “Grading Site Plan of Land in (Hyannis) Barnstable, MA Prepared For
Shoestring Properties LLC Date: 1-24-2022, Revised: 2-2-2022 and 6-30-2022
(SPR comments), Revised: 4-12-2022 (Formal SPR comments), Revised 8-2-
2022, Revised 11-30-2022, Revised 1-11-2023 (Reduce Height/Story/Units),
Revised 8-31-2023 (Update Zoning)” drawn by Down Cape Engineering, Inc.,
Sheet 5/6;
f. “Detail Sheet to Accompany Site Plan of Land in (Hyannis) Barnstable, MA
Prepared For Shoestring Properties LLC Date: 1-24-2022, Revised: 2-2-2022
and 6-30-2022 (SPR comments), Revised: 4-12-2022 (Formal SPR comments),
Revised 8-2-2022, Revised 11-30-2022, Revised 1-11-2023 (Reduce
Height/Story/Units), Revised 8-31-2023 (Update Zoning)” drawn by Down
Cape Engineering, Inc., Sheet 6/6;
g. ”Conservation Planting Plan Scale 1” = 10’0” Sheet L2 Plan Date: 12.07.16
Revisions: Num. 1 Date 7/20/22 Update Planting per elimination of 1 parking
space” drawn by Hawk Design, Inc.;
h. “Title Sheet Permit Set Hyannis Dockside Condos 110 School Street & 115
School Street, Hyannis, MA 02601 Plan Date: 06/29/22, Revised 12/05/22,
Revised 01/10/23” drawn by Gienapp Architects, Sheet T-1;
i. “Building Program First Floor Level 110 School Street & 115 School Street,
Hyannis, MA 02601 Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23”
drawn by Gienapp Architects, Sheet A-011;
j. “Building Program Upper Levels 110 School Street & 115 School Street,
Hyannis, MA 02601 Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23”
drawn by Gienapp Architects, Sheet A-021;
k. “Garage Floor Plan 110 School Street & 115 School Street, Hyannis, MA
02601 Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23” drawn by
Gienapp Architects, Sheet A-101;
l. “First Floor Plan 110 School Street & 115 School Street, Hyannis, MA
02601 Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23” drawn by
Gienapp Architects, Sheet A-111;
m. “Second Floor Plan 110 School Street & 115 School Street, Hyannis, MA
02601 Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23” drawn by
Gienapp Architects, Sheet A-121;
n. “Third Floor Plan 110 School Street & 115 School Street, Hyannis, MA
02601 Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23” drawn by
Gienapp Architects, Sheet A-131;
o. “Fourth Floor Plan 110 School Street & 115 School Street, Hyannis, MA
02601 Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23” drawn by
Gienapp Architects, Sheet A-141;
p. “Mezzanine Floor Plan 110 School Street & 115 School Street, Hyannis,
MA 02601 Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23, Revised
01/13/23” drawn by Gienapp Architects, Sheet A-151;
q. “Roof Plan 110 School Street & 115 School Street, Hyannis, MA 02601
Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23” drawn by Gienapp
Architects, Sheet A-171;
r. “Building Elevations 110 School Street & 115 School Street, Hyannis, MA
02601 Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23” drawn by
Gienapp Architects, Sheet A-201;
s. “Building Elevations 110 School Street & 115 School Street, Hyannis, MA
02601 Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23” drawn by
Gienapp Architects, Sheet A-202;
t. “Building Elevations 110 School Street & 115 School Street, Hyannis, MA
02601 Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23” drawn by
Gienapp Architects, Sheet A-203;
u. “Building Elevations 110 School Street & 115 School Street, Hyannis, MA
02601 Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23” drawn by
Gienapp Architects, Sheet A-204;
v. “Building Eave Heights 110 School Street & 115 School Street, Hyannis,
MA 02601 Plan Date: 06/29/22, Revised 12/05/22, Revised 01/10/23” drawn
by Gienapp Architects, Sheet A-210; and
w. Town of Barnstable Department of Public Works plan entitled “Markups to
Applicant’s Plan” (except no pedestrian signals/beacons).
3. Developer shall establish a condominium association or unit owners association to
carry out the ongoing maintenance and upkeep of the property and buildings as well as
complying with the terms and conditions of this Agreement. The association shall
include all residential condominium units. The form and content of condominium
association documents, including the condominium master deed and association
bylaws, shall be approved by the Town of Barnstable Legal Department prior to the
sale of any condominium units. Included in the documents shall be a prohibition on
leasing any unit for a period of less than one month (and no more than one lease in any
one year) and a prohibition against subletting any unit;
4. The site shall be landscaped consistent with the landscaping plan and conservation
planting plan identified in paragraph 2, above. All landscaping within the development
shall be low water use and shall minimize the use of fertilizers and pesticides;
5. Utilities shall be buried underground within the Property;
6. The Developer shall provide a letter of credit or cash escrow in an amount
equivalent to 150% of the total estimated cost of plant installation for the duration
of three (3) years after planting has been installed and must be provided prior to
the issuance of any Certificate of Occupancy in a form acceptable to the Town
Attorney’s Office. The cost estimate shall be prepared by a qualified professional
and submitted to the Director of Planning and Development for approval. Upon
completion of planting, the Applicant/Developer must request an inspection. The
three year maintenance period shall commence upon approved inspection. Partial
release of the security may be authorized after approved inspection, not to exceed
50 percent (50%). The full security shall be returned to the Applicant or its
successors after three years upon final inspection by the Director of Planning and
Development. The Town reserves the right upon noncompliance to pursue all
available legal and equitable remedies to compel compliance. Any fractional value
required for plant materials shall be rounded up to the next whole number;
7. Letter of Credit: To ensure completion of work within public ways and roadway
restoration, Developer will provide a Letter of Credit or cash in an amount to be
approved by the Planning Board or its designee, said Letter of Credit or cash to be
expended on completion of work within the public ways and roadway restoration if
completion of such work becomes necessary. Any unexpended portion of said Letter
of Credit or cash shall be released by the Planning Board to Developer or his
successor(s) after thirty (30) days from the date of the final acceptance of all work
within the public ways, such date to be determined by the Town Engineer, upon the
request of Developer;
8. All plumbing fixtures in the new units shall be low water use fixtures and other water
conservation measures are encouraged in the design and development of the project;
9. Consistent with approved plans, Developer shall construct a Passive Stormwater
Maintenance and Infiltration System to service the Development;
10. Developer or its successor will assume all maintenance responsibilities for the Passive
Stormwater System servicing the Property, and the landscaping and irrigation at the
Property;
11. Developer shall provide calculations demonstrating adequate water flow for fire
suppression prepared by a fire protection engineer as required by the Hyannis Fire
Department;
12. Developer is responsible for obtaining all applicable permits and licenses, including
but not limited to the following: foundation permit, building permit, street excavation
permit (necessary for work in all public spaces,), sewer permits and water permits.
Only Town of Barnstable approved contractors are allowed to work on Town owned
property. Contractors are required to have the insurance stipulated in the Street
Excavation Rules and Regulations (SERR) and all work on town property must comply
with all provisions of SERR. All work within the public way and public utility services
shall be to Town Standards. All plans shall be reviewed and approved by the
Department of Public Works prior to initiating any work within the public way;
13. Developer shall complete construction work in accordance with a construction
schedule and sequencing plan submitted to the Town prior to the commencement of
construction. Developer reserves the right to construct the project in two (2) phases.
All improvements to public infrastructure shall be completed within Phase 1 except the
final top coat of School Street shall be completed prior to final occupancy for the
Project. All improvements to the public infrastructure shall be reviewed, inspected, and
approved by the Barnstable Town Engineer, or his/her designee, prior to final
occupancy within Phase 1. Public infrastructure construction detail specifications shall
be reviewed and approved by the Barnstable Town Engineer, or their designee, prior to
installation of public infrastructure. Failure to install public infrastructure in a timely
manner and/or failure to install public infrastructure approved by the Town Engineer,
or their designee shall be a violation of this agreement and may result in a cease and
desist order by the Town of Barnstable until the violation of this agreement is remedied.
To the extent construction impacts public property or public rights of passage, changes
in the schedule, if needed as work progresses, are subject to the approval of the Town.
The construction schedule shall, to the maximum extent feasible, avoid interference
with ferry truck traffic. The developer shall notify the Town of Barnstable Planning
and Development and the Department of Public Works at least 48 hours in advance of
working on Town property. The Developer will be responsible for all construction
signage, directional signs, and police officers necessary for the performance of the
work;
14. Exterior construction impacts shall be minimized, and construction shall be limited to
the hours of 7:00 a.m. to 6:00 p.m. weekdays, and 8:30 a.m. to 2:00 p.m. Saturdays.
No exterior construction shall occur on Sundays. The Building Commissioner shall
establish protocols to minimize the location of staging, noise, dust, and vibration;
15. During all stages in the demolition, rehabilitation and new construction, all vehicles,
equipment and materials associated with the development shall be required to be
located off the right of way of South Street and School Street except as may be required
to install utilities, and work authorized by this Agreement and as approved by Public
Works and then only on a temporary basis;
16. Developer may install a trailer to be used as a construction office during construction
of the Development. The location of the trailer on the premises is to be approved by
the Town of Barnstable Building Commissioner in cooperation with the Hyannis Fire
Department;
17. Developer may install a second trailer to be used as a sales office. The location of the
trailer on the premises is to be approved by the Town of Barnstable Building
Commissioner in cooperation with the Hyannis Fire Department;
18. The Developer shall provide a signage plan for review and approval of the Hyannis
Main Street Waterfront Historic District Commission prior to a building permit for
permanent signage on Site;
19. To the extent that the referenced plans do not depict all of the findings and conditions
as set forth in this Agreement, revised plans and/or notations shall be provided. In
addition to permits, plans and approvals listed above, any and all permits and licenses
required shall be obtained;
20. Each residential unit shall have at least one dedicated parking space;
21. The Developer, at the option of the Town Council, shall either provide six (6) offsite
Affordable Housing Rental Units in the Town of Barnstable at 310 Barnstable Road,
Hyannis (“Offsite Affordable Units”) or shall provide a cash-in-lieu payment of One
Million Two Hundred Thousand Dollars ($1,200,000) to the Local Housing Fund. In
the event that the Town Council elects the Offisite Affordable Units, Ffive units shall
contain 3-bedrooms and one unit shall contain one bedroom. The units shall be deed
restricted in perpetuity in accordance with the conditions herein;
i. Units shall be qualified affordable units to tenants with qualifying incomes as
defined by the U.S. Department of Housing and Urban Development;
ii. Such residential dwelling units 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.
iii. 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 units
will remain dedicated as such in perpetuity and that they are protected in the event
of a foreclosure from loss of their affordable status.
iv. 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.
v. All costs associated with monitoring for consistency with the affordable housing
Regulatory Agreement shall be borne by the Applicant.
vi. Developer shall prepare a Local Action Unit application for approval by
Barnstable Local Housing Partnership, Town Manager, and Dept. of Housing and
Community Development.
vii. 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.
viii. The Offsite Affordable Units shall not be segregated within the building in which
they are located. The Offsite Affordable Units 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 units shall be eligible for inclusion in the DHCD Subsidized Housing
Inventory as LIP units.
22. The monthly rents charged to tenants of three (3) of the Offsite Affordable Units 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. The monthly rents charged to tenants of three (3) of the Offsite Affordable Units
shall not exceed an amount equal to thirty percent (30%) of the monthly adjusted
income of a Family whose gross income equals eighty percent (80%) of the median
income for the Area (as provided by HUD), with adjustment for the number of
bedrooms in the Units.
i. 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.
23. No Building Permit for the development authorized in Paragraph 2 herein shall issue
unless and until the Developer either (a) 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 off-site affordable housing units at 310 Barnstable Road, Hyannis Massachusetts
or (b) submits credible evidence to the Town Attorney’s Office that it has paid the One
Million Two Hundred Thousand Dollars ($1,200,000.00) into the Local Housing Fund.
24. The affordable housing ‘Regulatory Agreement and Declaration of Restrictive
Covenants’ for the Offsite Affordable Units shall be recorded at the Barnstable County
Registry of Deeds prior to the issuance of any occupancy permit for the development
authorized in Paragraph 2 herein.
25. The rental units on the property shall be registered with the Building and Health
Divisions as required.
26. The construction of the condominium complex will result in the following benefits to
the Town:
a. Above ground utility lines will be put underground improving the view looking
from South Street toward the harbor.
b. The existing sidewalks along the property frontage on South Street and the
intersection at South Street and School Street shall be improved as shown on the
Town of Barnstable, Department of Public Works Plan entitled ‘Markups to
Applicant’s Plan’ attached hereto.
c. The existing sidewalks along School Street which do not comply with Americans
With Disabilities Act requirements will be removed and replaced with compliant
sidewalks. The sidewalks will comply with Town of Barnstable requirements for
public sidewalks. The sidewalks along each side of School Street will be
constructed connecting them to the sidewalks on South Street. Upon completion
of construction, the Town will be granted an easement allowing public use of
the sidewalks. Said easement shall be reviewed as to form by the Town Attorney
and shall be granted in perpetuity and recorded at the Barnstable County Registry
of Deeds by the Developer.
d. A new water main will be provided which will improve the infrastructure of the
Hyannis Water Company and improve the water pressure and volume of water to
the hydrant located near the Town Landing.
e. School Street from South Street to the end of the public way near Hyannis Harbor
will be paved over with a new top coating of asphalt.
f. Crosswalks will be provided at the northerly end of School Street where it intersects
with South Street, at the southerly end of the property near the Steamship Authority
property; and between the condominium buildings as shown on the plans submitted.
g. Vastly improved landscaping along South Street and School Street beautifying the
area.
h. Lighting on condominium property maintained by condominium association will
provide street lighting along School Street. Currently, there is no street lighting
along this portion of School Street;
i. Increase in Town property tax revenue.
j. New street drains will be installed in School Street and a drainage easement running
in favor of the Town of Barnstable will be provided.
k. A total of 29 electric car plug-in stations will be provided, one for each unit.
l. All plumbing fixtures in the new units shall be low water use fixtures and other
water conservation measures are encouraged in the design and development of the
project.
m. An increase in the number of Housing Units which can be counted towards the
Town’s goal of having 10% of its housing stock affordable housing.
27. The Town hereby grants waivers from the following Zoning Ordinance sections:
I. Section 240-24.1.3 General Provisions.
B. Development Review
2. Requires development within the Downtown Hyannis Zoning Districts comply
with Article IX, §240-103, site development standards, and the Design and
Infrastructure Plan. Waived to the extent the project does not meet the Design and
Infrastructure Plan to allow the project to be developed per the plans submitted.
2. (b) In conjunction with Formal Site Plan Review required by Article IX Site
Plan Review, this section requires Development and Modification that meets or
exceeds certain thresholds be reviewed by the Building Commissioner or his
designee at a public meeting. Waived.
II. Section 240-24.1.5 Standards for all Districts:
A. Building Standards.
(1) Frontage Types.
(a) Requires buildings on corner lots to have two (2) frontage types,
one for each frontage. The Applicant submits that the proposed
buildings meet the “Common Lobby” frontage type as specified by
Table 11, but to the extent the buildings are deemed to not meet the
frontage types, this requirement is waived.
(3)(a) Provides that buildings may not exceed the maximum number of stories as
specified for each district. The Hyannis Harbor (“HH”) district allows a
maximum number of two and one-half (2.5) stories. Waived to allow four
and one-half (4.5) stories in each building.
(4)(a) Provides that buildings may not exceed the maximum building height
specified for each district, as applicable. The HH district allows a
maximum building height of 35 feet. Waived to allow a building height of
60.08’ for the East Building located at 110 School Street and 58.58’ for
the West Building located at 115 School Street.
(6) Building components are permitted as specified by Table 12. Waived to
the extent building components are not permitted by Table. 12
C. Parking Standards.
(3) Location.
(b) Prohibits motor vehicle parking of any type within the frontage
area of a lot and any required landscape buffer. Waived to allow
parking within the frontage and landscape buffers along School Street.
D. Site Standards.
(2) Landscaping.
(i) Requires all Site Plan and Special Permit applications for
Development that meet or exceed the thresholds of §240-
24.1.3(B)(2(b)(i)) submit a Landscape Plan signed and stamped by
a Massachusetts registered Landscape Architect. Waived.
E. Surface Parking Lot Design Standards.
(3) Surface Parking Lot Landscaping.
(a) Requires one (1) three (3) inch minimum caliper tree be planted
within fifty (50) square feet of permeable area. Waived as to
caliper of tree and area requirement.
(b) Requires a front landscaped buffer at least ten (10) feet wide be
provided between any parking lot and any lot line abutting an
improved way and must include certain landscape features.
Waived as to the requirement for a landscape buffer and waived as
to features required for the Surface Parking lots along School
street.
(e) Requires at least ten percent (10%) of any parking lot with ten (10)
or more parking spaces be landscaped. Waived as to the
underground parking garages.
(f) Requires landscape islands abutting a single row of parking spaces
be at least six (6) feet in width and the same length of the parking
spaces. Each island must include one (1) three (3) inch minimum
caliper tree. Waived as to width of island and number of trees.
III. Section 240-24.1.10 Hyannis Harbor District (HH)
C. Building Standards.
(2) Specifies that principal buildings are permitted as specified by Table 7. Table
7 provides in part as follows:
Primary Front Setback – 20’ minimum. Waived to allow a Primary Front
Setback from South Street of 19’ for 110 School Street and 15.8’ for 115
School Street. Waived to allow a Primary Front Yard Setback from School
Street of 10.2’ for 110 School Street and 8.1’ for 115 School Street. Waived to
the extent this requirement applies to the Front ingress/egress stairs for each
structure (0.0 feet on School Street).
Secondary Front Setback – 20’ minimum. Waived to allow a Secondary Front
Setback from School Street of 7.3’ for the Refuse Shed on 110 School Street
and a Secondary Front Setback from South Street of 7.5’ for the Refuse Shed
on 115 School Street.
Side Setback – 10’ minimum. Waived to allow a Side Setback of 9.7’ for the
building at 110 School Street.
Rear Setback – 10’ minimum. Waived to allow a Rear Setback of 9.7’ for the
building at 110 School Street and a Rear Setback of 8.9’ for the building at
115 School Street.
Number of Stories – 2.5 maximum. Waived to allow 4.5 stories for 110
School Street and 115 School Street.
Building Height – 35 ft maximum. Waived to allow a Building Height of
60.08 feet for 110 School Street and 58.58 feet for 115 School Street.
F. Landscape Standards.
(1) Requires a front landscaped area at least ten (10) feet wide which must
include specified landscape features. Waived as to both width and specified
landscape features to allow landscaping as per plans submitted.
28. The Town hereby grants waivers from the following General Ordinances of the Town:
a. Chapter 9 Article I Inclusionary Affordable Housing Requirements Section 9-4-D
requires at least 10% of the residential units constructed be dedicated by deed
restriction to affordable housing units. Waived. Developer will either provide a cash-
in-lieu payment of One Million Two Hundred Thousand Dollars ($1,200,000.00) to the
Local Housing Fund or provide six (6) off-site rental units (three at 65%AMI and three
at 80%AMI) at 310 Barnstable Road, Hyannis,. consisting of five 3-bedroom units and
one 1-bedroom unit, which will be deed restricted in perpetuity;
b. Chapter 112, Article III requires the proposed Development obtain a Certificate of
Appropriateness from the Hyannis Main Street Waterfront Historic District Committee
(“HMWHDC”). Waived for changes to the Development made after the issuance of a
Certificate of Appropriateness for the project by the HMWHDC at their meeting held
on February 16, 2022.
c. In the event the Town Council elects the option requiring the Offsite Affordable
Units, Tthe Developer shall construct the six off-site rental units in accordance with the
attached floor plans entitled:
i. ‘Preliminary First Floor Plan’ A-1 Apartment Conversion dated October 31,
2022, prepared for Stuart Bornstein and drawn by DML of Daniel Lewis AIA
Architect, Job Number 2206.
ii. ‘Preliminary Second Floor Plan’ A-2 Apartment Conversion dated October
31, 2022 prepared for Stuart Bornstein and drawn by DML of Daniel Lewis AIA
Architect, Job Number 2206.
iii. ‘Preliminary Third Floor Plan’ A-3 Apartment Conversion dated October
31, 2022 prepared for Stuart Bornstein and drawn by DML of Daniel Lewis AIA
Architect, Job Number 2206.
29. The Town of Barnstable will grant to Developer, its successors and/or assigns, a license
to allow the condominium development the exclusive right to use the ten (10) ground-
level parking spaces located partially within the public way layout of School Street and
partially on the Property.
30. This Agreement shall run with the land, and all of the terms, conditions, and obligations
contained in this Agreement shall be binding on any successor or assignor of the
Applicant for as long as the property is used in accordance with this agreement and
unless and until it is redeveloped further into some other use.
31. No Certificate of Occupancy shall be issued until all conditions of this Agreement
have been met and all required approval have been issued or until the Developer,
its successors and/or assigns have deposited with the Planning and Development
Department a satisfactory bond in the name of the Town of Barnstable from a
surety company authorized to do business in the Commonwealth of Massachusetts
(or alternatively a certified check payable to the Town of Barnstable) in an amount
and form as shall be determined by the Planning & Development Director. The
bond shall be conditioned substantially that the Developer shall guarantee the
faithful and satisfactory performance of the work in all respects.
32. This Agreement is transferable to a person or entity other than the Applicant
(hereafter, the "Transferee") with prior written notice to the Town Manager and
contingent upon the Applicant being in compliance with all the requirements of
this Agreement. However, no such notice to the Town shall be effective unless it
includes a written acknowledgement by the Transferee that they have read this
Regulatory Agreement, and any amendments thereto, and they agree to be bound
by the terms and conditions set forth herein, in which event after such assignment
the transferor shall be relieved of liability from and after the date of transfer. Upon
receipt of such written notice of transfer, and subject to a d etermination by the
Town Manager that that the Applicant is in compliance with all the then applicable
requirements of the Agreement, the Transferee and the Town Manager shall
execute a minor amendment of this Regulatory Agreement acknowledging the
Transferee is a signatory of this Regulatory Agreement, agreeing to be bound by
the terms and conditions set forth herein, and any subsequent amendments hereto,
and assuming liability as of the date of transfer. No Planning Board or Town
Council approval is required for such a minor amendment acknowledging such a
transfer in ownership.
33. Upon receiving a Certificate of Occupancy, the Developer, its successor, and/or its
assigns shall employ at least one (1) individual who will serve as a full-time on-site
property manager. The property manager’s duties shall include keeping School Street
available for use by emergency vehicles and/or first responders by ensuring that it
remains unobstructed to the greatest extent practicable.
34. The development rights granted hereunder shall be exercised and development permits
needed to commence construction may be obtained hereunder for a period of eight (8)
years from the effective date of this Agreement, provided, however, that prior to the
expiration of said eight-year period, the Developer may request an extension to obtain
development permits necessary to commence construction, said extension shall not
exceed two years. An extension shall be authorized by the Town Manager only after
the Agreement Extension has been discussed and recommended by the Planning Board
at a regularly scheduled meeting of the Board. Upon receipt of necessary development
permits, construction shall proceed continuously and expeditiously, but in no case shall
construction exceed two years from receipt of necessary development permits. The
Developer may request an extension to obtain an extension of the construction
timeframe; said extension shall not exceed two years. An extension shall be authorized
by the Town Manager only after the extension has been discussed and recommended
by the Planning Board at a regularly scheduled meeting of the Board. In the event that
this Agreement and/or any necessary development permits for the Project are appealed,
the timeframes set forth in this section shall be tolled for the length of any such appeals.
35. Construction and demolition debris from the Project shall be removed and reused
or recycled to the maximum extent possible.
36. No uses shall use, store, generate, treat or dispose of hazardous waste or hazardous
materials and shall not generate hazardous waste as defined in the Massachusetts
Hazardous Waste Regulations, 310 CMR Section 30.353, except in compliance
with all applicable laws.
37. To the extent that the Redevelopment Plans referenced in this Agreement do not depict
all the findings and conditions set forth in this Agreement, revised plans and/or
notations shall be provided in the final site plan. The Redevelopment shall remain in
substantial conformance with the Site Plan Review approval dated May 10, 2021 and
all conditions thereof and any modifications thereto as reflected in the final approved
site plan.
38. Upon completion of all work, a registered engineer or land surveyor shall submit
a letter of certification, made upon knowledge and belief in accordance with
professional standards that all work has been done in substantial compliance with
the approved site plan (Barnstable Code Section 240-104(G)). This document shall
be submitted before the issuance of the final certificate of occupancy.
39. The term of this Agreement shall be eight (8) years from the effective date of the
Agreement (herein, the "Term"), and the development rights authorized herein must
be exercised prior to expiration of the Term or this Agreement shall be null and
void, subject to the potential tolling due to litigation. Once the development rights
authorized herein have been timely exercised, all terms and conditions of this
Agreement shall remain in effect until the Property is no longer used in accordance
with the Redevelopment Plans.
40. The failure of this agreement to address a particular permit, condition, term, or
restrictions shall not relieve the qualified applicant of the necessity of complying with
the law governing said permitting requirements, conditions, term or restriction.
41. This regulatory agreement may not be used to prevent the Town of Barnstable or other
governmental agency from requiring the qualified applicant to comply with the laws,
rules and regulations and policies enacted after the date of the regulatory agreement, if
the Town of Barnstable or governmental agency determines that the imposition of and
compliance with the newly effective laws and regulations are essential to ensure the
public health, safety or welfare of the residents of all or part of the jurisdiction.
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be
executed on the day and year first above written.
Applicant: Town of Barnstable:
Signature: Signature:
Print: Print:
Date: Date:
PROPERTY DESCRIPTION
PARCEL I
The land with the buildings and improvements thereon, situated in Barnstable (Hyannis),
Barnstable County, Massachusetts as follows:
North Parcel as shown on a plan entitled “Plan of Land in (Hyannis) Barnstable Prepared for
Shoestring Properties LP Date: November 3, 2011 Scale 1”=20’ down cape engineering, inc.,
civil engineers land surveyors 93 Main Street (Rt 6A) Yarmouthport MA 02675,” which plan is
recorded with the Barnstable County Registry of Deeds in Plan Book 642, Page 74.
PARCEL II
The land located in Barnstable (Hyannis) bounded and described as follows:
West Parcel as shown on a plan entitled “Plan of Land in (Hyannis) Barnstable Prepared for
Shoestring Properties LP Date: November 3, 2011 Scale 1”=20’ down cape engineering, inc.,
civil engineers land surveyors 93 Main Street (Rt 6A) Yarmouthport MA 02675,” which plan is
recorded with the Barnstable County Registry of Deeds in Plan Book 642, Page 74.
ASSENT TO REGULATORY AGREEMENT
The undersigned, Shoestring Properties, LLC, (the “Applicant” and/or “Developer”) a
Massachusetts limited liability company of 297 North Street, Hyannis MA, the owner of property
in Hyannis, Barnstable County, Massachusetts, does hereby consent to the recording of a
Regulatory Agreement by and between Shoestring Properties, LLC, a Massachusetts limited
liability company and the Town of Barnstable dated ______ __, 2023. Shoestring Properties, LLC,
further agrees to be bound by the terms and conditions contained in said Regulatory Agreement.
Executed this ___ day of ______, 2023.
Applicant:
Signature:
Print:
Date: