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HomeMy WebLinkAboutHYANNIS.ZBA CONDITIONS 8 6 25POTENTIAL CONDITIONS FOR ZBA; HYANNIS 1. WATER CONNECTION: ➢ Applicant agrees to cooperate with the Barnstable Fire District Water Department to obtain the approvals deemed necessary to permit a water service connection to the existing 12-inch water main located at 420 Attucks Lane, as more particularly set forth in a letter, dated June 6, 2025, from Sean Anderson, Water Superintendent, to the Zoning Board of Appeals. In the event such approvals are unable to be obtained within 90 days from the date of issuance of this Special Permit, then the Applicant shall proceed with an alternative water system design plan which results in two connections fed off of 12-inch water mains on different streets (first alternative being Wilkins and Attucks and second alternative being Wilkins and Kidds Hill Road). Once the location has been determined, water main plans will be submitted to the Water Department for review and approval and all applicable connection fees and the applicable provisions of the Water Balance Program will apply. 2. SIDEWALK MITIGATION: ➢ Applicant shall install (i) an ADA-compliant sidewalk internal to the site which will connect to the existing sidewalk network on Wilkens Lane at Attucks Lane; and (ii) the traffic mitigation required pursuant to the CCC Decision, including, without limitation, the installation of crosswalks and pedestrian improvements. Additionally, the Applicant is required to make a mitigation payment in the amount of $324,000, to be spent in the Town of Barnstable to offset congestion impacts. All of the foregoing commitments are further set forth in Condition C17 of the CCC DRI Decision filed with the Applicant’s Special Permit Application. 3. PEDESTRIAN CONNECTIVITY PLAN: ➢ Applicant agrees to request from the owner of [insert address] (the “Abutting Land”) an access and construction easement for the construction of a pedestrian path, from the Project site through the Abutting Land to improve connectivity to Phinney’s Lane and Hathaway’s Pond, as shown on a conceptual plan prepared by the Applicant and submitted to the Planning Department prior to the issuance of a final certificate of occupancy for the Project. If permission is granted, such construction to take place at the time of the redevelopment of the Abutting Land. A copy of a letter from the Applicant to the owner of the Abutting Land seeking permission, together with any response shall be filed with Zoning Board of Appeals, which filing shall be considered full compliance with this condition. 4. SOLAR INSTALLATION: ➢ Applicant shall install, on the south and west exposures of all five residential (5) buildings, roof top solar panels. 5. AFFORDABILITY – LOCAL PREFERENCE: ➢ Applicant agrees, working with the Barnstable Housing Trust, to provide, to the maximum extent permitted by applicable law, a local preference for affordable housing units on the Project. 6. POWER AGREEMENT: ➢ Applicant will provide to the Town of Barnstable copies of the monitoring materials it provides to the Cape Cod Commission, demonstrating that the Project has entered into a Green Power Service Agreement so that not less than 50% of the Project’s power shall be from renewable sources. In addition, Applicant will provide the Town with a copy of its form Lease, identifying the Tenant’s obligation to enter into the Green Power Purchase Agreement, as contemplated in Condition No. C18 in the CCC Decision, dated February 27, 2025. 7. AFFORDABLE RESIDENCES: ➢ Although the Project will comply with the required 13% affordability requirement, creating approximately 42 affordable residences, in addition, the Applicant agrees to, no later than ten (10) days following the date upon which this Decision becomes final and unappealable, notify the Town of Barnstable “ Affordable Housing /Growth And Development Trust Fund” (the “Trust”) of the terms and conditions upon which the Applicant is willing to enter into an agreement (the “Trust Agreement”) with the Trust whereby the Trust would provide sufficient funding to allow the Applicant to restrict up to eight (8) additional dwelling units for residents with income levels at or below 100% AMI. To the extent the Trust and the Applicant are unable to enter into the Trust Agreement within six (6) months of the date upon which this Decision becomes final and unappealable, the Applicant shall have no further obligations with respect to this condition.