HomeMy WebLinkAboutSR-2025-025 Great Marsh Development LLC 39 51 61 and 75 Great Marsh Rd and 195 Phinneys Lane CENT Comp Permit 40B
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Comprehensive Permit No. 2025-025 – Great Marsh Development LLC
MGL Chapter 40B, Sections 20-23 and 760 CMR 30.00 and 31.00
To construct 19 detached 3-bedroom single family dwellings, and 36 rental units in one building
with a mix of two- and three-bedroom units on 5.8 acres
Date: September 25, 2025
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Great Marsh Development, LLC
Property Address: 39, 51, 61 and 75 Great Marsh Road, and 195 Phinney’s Lane,
Centerville, MA
Assessor's Map/Parcel: Map 210, parcels124, 125, 126, 134-003 (portion), 134-004
Map 209, parcel 020
Zoning: Residence C (RC) and Highway Office (HO) and Resource Protection
Overlay District (RPOD)
Filed: August 22, 2025 Hearing: October 8, 2025 Decision Due: October 30, 2025
Copy of Public Notice
Great Marsh Development LLC has applied for a Comprehensive Permit pursuant to MGL Ch. 40B
Sections 20, 21, 22, and 23 and 760 CMR 30.00 and 31.00. The Applicant proposes to develop an
affordable housing community on 5.8 acres. The Homes at Centerville Cove will consist of 19
detached, 3-bedroom, single-family homes. The Residences at Centerville Cove will consist of 36
rental units in one building with a mix of 2- and 3-bedroom apartments. The subject property is located
at 39, 51, 61, and 75 Great Marsh Road and 195 Phinney’s Lane, Centerville, MA as shown on
Assessor’s Map 210 as Parcels 124, 125, 126, 134-003, 134-004, and Map 209 as Parcel 020,
respectively. They are located in the Residence C (RC) and the Highway Office (HO) Zoning Districts
and the Resource Protection Overlay District (RPOD).
Background
Great Marsh Development LLC has applied for a Comprehensive Permit pursuant to MGL Ch. 40B
Sections 20, 21, 22, and 23 and 760 CMR 30.00 and 31.00. The Applicant proposes to develop an
affordable housing community on 5.8 acres. The Homes at Centerville Cove will consist of 19
detached, 3-bedroom, single-family homes. The Residences at Centerville Cove will consist of 36
rental units in one building with a mix of 2- and 3-bedroom apartments. The subject property is located
at 39, 51, 61, and 75 Great Marsh Road and 195 Phinney’s Lane, Centerville, MA.
Portions of the land are occupied by single family dwellings, sheds, and septic systems. Portions of
the land are vacant. The existing structures will be removed. A new roadway will provide access from
Great Marsh Road. There will be a gated, emergency access from Phinneys Lane. There will be no
access from Richardson Road, and the existing single-family dwelling on the remainder of the 40
Richardson Road property is not part of this Comprehensive Permit application.
Application & Request
In accordance with the ZBA Rules and Regulations for review of Comprehensive Permits, Great Marsh
Development LLC submitted an application, preliminary site development and utility plans, a review of
the conditions in the surrounding area, preliminary architectural drawings, a tabulation of proposed
buildings, and a list of requested waivers.
Zoning Board of Appeals Planning and Development Staff Report
Appeal No. 2025-025 – Great Marsh Development LLC – MGL Chapter 40B
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Development
The Applicant proposes to develop an affordable housing community on 5.8 acres. The Homes at
Centerville Cove will consist of 19 detached, 3-bedroom, single-family homes. The Residences at
Centerville Cove will consist of 36 rental units in one building with a mix of 2- and 3-bedroom
apartments. The subject property is located at 39, 51, 61, and 75 Great Marsh Road and 195 Phinney’s
Lane, Centerville, MA.
The dwellings and apartments will be connected to Town sewer. The site design will incorporate
natural Low Impact Development (LID) practices such as vegetated swales, bioretention areas planted
with native plantings, and underground recharge chambers. The stormwater management plan will be
designed in accordance with the MassDEP Stormwater Management Policy. The landscape design
objective for the proposed development will be to enhance the built environment through the creation of
a sustainable landscape that blends into the sites natural surroundings. The overall design will
emphasize the use of low maintenance, native plantings and strive to integrate the proposed
development ‘s need into the site’s surrounding environment.
Waivers
The applicant has submitted a request for waivers from the General Ordinances including Department
of Public Works, Planning Board Regulations, and Cape Cod Commission: (Full list of waivers located
on Attachment I in the application)
General Ordinances
• Chapter 112 – Review of buildings over 75 years old
• Chapter 180 – Scenic Roads
• Chapter 185 – Stormwater Management and Illicit Discharge Control
• Chapter 240 – Zoning Ordinance
• Chapter 801 – Subdivision Regulations
• Chapter 903 – Stormwater Management Rules and Regulations
• Cape Cod Commission – Cape Cod Commission Act, Chapter A
Distribution and Review - 56.05(3)
The following local Boards and officials were notified of this appeal, provided with a copy of the
application and list of waivers, and invited to participate as necessary and helpful, pursuant to 760
CMR 56.05(3): Barnstable Town Clerk, Planning and Development Department.
The Board received the following submissions in response:
None to date
Consistency with Local Needs – 56.03
A Zoning Board of Appeals decision to deny a Comprehensive Permit shall be upheld by the Housing
Appeals Committee if the municipality can demonstrate progress towards meeting local affordable
housing goals or if the application falls into a specified category, as outlined in 760 CMR 56.03(1).
The statutory requirement of MGL Chapter 40B is to provide 10% of the housing stock as affordable
housing units; this goal is also reflected in Barnstable’s Comprehensive Plan and the Regional Policy
Plan. According to the Executive Office of Housing and Livable Communities Subsidized Housing
Inventory as of June 29, 2023, the Town of Barnstable has 1,485 affordable units, comprising 6.78% of
the total housing stock.
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Appeal No. 2025-025 – Great Marsh Development LLC – MGL Chapter 40B
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Barnstable is currently in the process of updating its Housing Production Plan, but the Town has not
been granted a certification of compliance with the plan by DHCD.1 The Town has also not been
certified as having shown recent progress2 towards achieving its Statutory Minima.
The project is not a large project as defined by 760 CMR 56.03 and this application has not been
previously received.
Project Eligibility – Findings in Determination - 56.04(4)
On April 18, 2025, the Mass Housing Finance Agency (MassHousing) issued a Project Eligibility/Site
Approval letter under MassHousing’s Mixed-Income (Taxable) Financing Programs for “Residences at
Centerville Cove” MassHousing ID No. 1258 and for “Homes at Centerville Cove” MassHousing ID No.
1259.
The letter confirms that the Applicant and the project appears generally eligible under the Program,
subject to final review of eligibility and to Final Approval. As a result of review, MassHousing have
made the findings for Residences at Centerville Cove as required pursuant to 760 CMR 56.04 (1)
and (4):
(a) That the proposed Project appears generally eligible under the requirements of the
housing subsidy program, subject to final approval under 760 CMR 56.04 (7);
The Applicant submitted a letter of financial interest from MassHousing dated December 10,
2024.
The Project is eligible under MassHousing’s Mixed-Income Taxable Financing Program. At
least 20% of the units will be available to households earning at or below 50% of the Area
Median Income, adjusted for househole size, as published by the U.S. DCepartment of Housing
and Urban Development (“HUD”). The most recent HUD income limits indicate that 50% of the
current median income for a four-person household in Barnstable is $68,350.
Proposed average rent levels, net utility allowances for the area, of $1,170 for the two-bedroom
affordable units and $1,334 for the three-bedroom affordable unit, are within current affordable
rent levels for Barnstable HMFA.
(b) That the site of the proposed Project is generally appropriate for residential
development, taking into consideration information provided by the Municipality or other
parties regarding municipal actions previously taken to meet affordable housing needs,
such as inclusionary zoning, multifamily districts adopted under c. 40A, and overlay
districts adopted under c. 40R (such finding, with supporting reasoning, to be set forth
in reasonable detail) ;
Based on a site inspection by MassHousing staff, internal discussions, and a thorough review of
the application, MassHousing finds that the Site is suitable for residential use and development
and that such use would be compatible with surrounding uses and would address the local
need for housing.
The Town of Barnstable does not have an EOHLC-approved Housing Production Plan.
According to EOHLC’s Chapter 40B Subsidized Housing Inventory, updated through April 10,
2025, Barnstable has 1,566 Subsidized Housing Inventory (SHI) units (7.15% of its housing
inventory), which is 625 units below the statutory minima requirement of 10%.
1 If a community has a DHCD approved HPP and is granted certification of compliance with the plan by DHCD, a decision
by the Zoning Board of Appeals (ZBA) relative to a comprehensive permit application will be deemed "consistent with
local needs" under MGL Chapter 40B. "Consistent with local needs" means the ZBA's decision will be upheld by the
Housing Appeals Committee.
2 Defined as the addition of affordable units equal to 2% of total housing units within the last 12 months
Zoning Board of Appeals Planning and Development Staff Report
Appeal No. 2025-025 – Great Marsh Development LLC – MGL Chapter 40B
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(c) That the conceptual project design is generally appropriate for the site in which it is
located, taking into consideration factors that may include proposed use, conceptual
site plan and building massing, topography, environmental resources, and integration
into existing development patterns (such finding, with supporting reasoning, to be set
forth in reasonable detail);
In summary, based on evaluation of the site plan using the following criteria, MassHousing finds
that the proposed conceptual Project design is generally appropriate for the Site.
As a result of review, MassHousing have made the findings for The Homes at Centerville Court as
required pursuant to 760 CMR 56.04 (1) and (4):
(a) That the proposed project appears generally eligible under the requirements of the
housing subsidity program, subject to final approval under 760 CMR 56.04 (7);
The Applicant submitted a letter of interest for CommonWealth Builder Program funding from
MassHousing dated December 16, 2024.
The Project is eligible under the CommonWealth Builder housing subsity program. Ten (10) units
will be restricted as affordable for low-or moderate-income persons or families, with five (5) units
available to households earning at or below 80% of the Area Median Income and five (5) units
available to households earning at or below 100% of the Area Median Income.
(b) That the site of the proposed Project is generally appropriate for residential
development, taking into consideration information provided by the Municipality or other
parties regarding municipal actions previously taken to meet affordable housing needs,
such as inclusionary zoning, multifamily districts adopted under c. 40A and overlay
districts adopted under c. 40R, (such finding, with supporting reasoning, to be set forth
in reasonable detail);
Based on a site inspection by MassHousing staff, internal discussions, and a thorough review of
the application, MassHousing finds that the Site is suitable for residential use and development
and that such use would be compatible with surrounding uses and would address the local
need for housing.
The Town of Barnstable does not have an EOHLC-approved Housing Production Plan.
According to EOHLC’s Chapter 40B Subsidized Housing Inventory, updated through April 10,
2025, Barnstable has 1,566 Subsidized Housing Inventory (SHI) units (7.15% of its housing
inventory), which is 625 units below the statutory minima requirement of 10%.
(c) That the conceptual project design is generally appropriate for the site in which it
is located, taking into consideration factors that may include proposed use, conceptual
site plan and building massing, topography, environmental resources, and integration
into existing development patterns (such finding, with supporting reasoning, to be set
forth in reasonable detail);
In summary, based on evaluation of the site plan using the following criteria, MassHousing finds
that the proposed conceptual Project design is generally appropriate for the Site.
Suggested Findings
After considering the concerns raised by abutters and others during the course of the
public hearing and reviewing the documents, plans, testimony and other evidence
Zoning Board of Appeals Planning and Development Staff Report
Appeal No. 2025-025 – Great Marsh Development LLC – MGL Chapter 40B
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submitted during the public hearing, the Board makes the following Determinations and
Findings:
1. The Applicant filed a Chapter 40B project eligibility/site approval application to
MassHousing and received a site approval/project eligibility letter dated April 18,
2025, allowing for no more than 19 single family dwellings and 36 rental units at the
proposed Site. In addition, the Board finds that:
• the Applicant is a limited dividend organization as per the MassHousing
eligibility letter and 760 CMR 56.04(1)(a);
• the Project is fundable by a state subsidizing agency as per the MassHousing
eligibility letter and 760 CMR 56.(1)(b); and
• the Applicant controls the site as per the MassHousing eligibility letter and
760CMR 56.04(1)(c) and Finding No. 4 below.
2. The Site is largely undeveloped. Portions of the land are occupied by single family
dwellings, sheds, and septic systems. Portions of the land are vacant. The existing
structures will be removed. A new roadway will provide access from Great Marsh
Road. There will be a gated, emergency access from Phinneys Lane. There will be
no access from Richardson Road, and the existing single -family dwelling on the
remainder of the 40 Richardson Road property is not part of this Comprehensive
Permit application.
3. The Site is in Residence C (RC) and Highway Office (HO) and Resource Protection
Overlay (RPOD) Zoning District.
4. Great Marsh Development LLC has control over the Site, as evidenced by the
submission of _________________________).
5. The Application is for a Comprehensive Permit pursuant to MGL Ch. 40B Sections
20, 21, 22, and 23 and 760 CMR 30.00 and 31.00 to develop an affordable housing
community on 5.8 acres. The Homes at Centerville Cove will consist of 19 detached,
3-bedroom, single-family homes. The Residences at Centerville Cove will consist of
36 rental units in one building with a mix of 2- and 3-bedroom apartments. The
subject property is located at 39, 51, 61, and 75 Great Marsh Road and 195
Phinney’s Lane, Centerville, MA.
6. The Application proposes 8 units of the 36 units of “Residences at Centerville Cove”
will be deemed affordable. The Application also proposes not less than 10 of 19
units in the “Homes at Centerville Cove” are deemed affordable.
7. The Project will be served by public water and public sewer as shown on the
Approved Plan.
8. The Property is not to be further subdivided.
9. The Board finds that the Town has not met the required housing goal of 10 percent
in accordance with Massachusetts General Law chapter 40B §20-23 nor any other
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Appeal No. 2025-025 – Great Marsh Development LLC – MGL Chapter 40B
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statutory or regulatory safe harbors and therefore accepted the application and
reviewed the proposed Project.
10. The Board finds that the site development plans showing the locations and outlines
of proposed buildings; the proposed locations, general dimensions and materials for
streets, drives, parking areas, walks and paved areas; and proposed landscaping
improvements and open areas within the site are in compliance with the Department
of Housing and Community Development regulations 760 CMR 56.04(2).
11. The Board finds that the performance requirements of the Barnstable Zoning
Ordinance Article IX Site Plan Review have been met or a waiver has been
requested and granted.
12. The Board finds that the stormwater management shown on the Approved Plan and
associated drainage analysis has been designed to meet the Stormwater
Management Standards set by the Massachusetts Department of Environmental
Protection. The standards include removing solids from the stormwater and
reducing rates of runoff from the site.
13. The Board finds that the qualities of the natural environment were considered and
there were discussions and plan revisions to preserve and/or mitigate impacts to the
natural environment.
14. The Board finds that the Applicant has cooperated with the Board in the design of
adequate landscape buffer through plantings and fence screening.
15. The Board finds that the illumination of the proposed lighting for the development, in
accordance with the photometric plan provided, shall not trespass on to abutting
properties. Any exterior building and street lighting shall be consistent with “dark
sky” standards, shielded and directed downward to maintain lighting on to the Site.
16. The Board has determined through detailed analysis of the following documents that
the Project has adequate access: Turning Template plan as shown on Sheet C3.2
of the site plans. these were submitted and approved through SPR.
LIST OF MATERIALS SUBMITTED
1. “Residences at Centerville Cove” architectural drawings by Catalyst Architects schematic
Design dated January 16, 2025.
2. The Avalon Collection “The Beverly” Cape Cod Style Plan.
3. The Avalon Collection “The Deerfield” Single Story Plan.
4. Baxter Nye Engineers and Surveying List of Waiver Requests dated August 22, 2025
5. Baxter Nye Engineering and Surveying “Residences at Centerville Cove” Site Plan Set dated
August 11, 2025, revised August 21, 2025.
6. VHB Traffic Impact & Access Study “Proposed Residential Development, 195 Phinneys Lane,
Centerville MA” dated August 2025.
7. VHB Appendix.
8. Final PEL for Residences at Centerville Cove
9. Final PEL for Homes at Centerville Cove
Zoning Board of Appeals Planning and Development Staff Report
Appeal No. 2025-025 – Great Marsh Development LLC – MGL Chapter 40B
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Suggested Conditions
Based on the above determinations, the Zoning Board of Appeals finds that the
proposal meets the requirements of MGL Ch. 40B Sections 20, 21, 22, and 23 and 760
CMR 30.00 and 31.00, and by a vote of ___ to ___ in favor, accordingly, grants the
Applicant and its successors and assigns as owner of the premises, a Comprehensive
Permit with the Conditions as set forth herein:
1. This Approval is limited to the improvements as noted on the Approved Plan and as
may be conditioned herein. In the event the Applicant seeks any change in the
Comprehensive Permit after this decision is final, any such change must be
presented to the Board for approval and for modification of this decision. Within 20
days the Board shall determine and notify the Applicant whether it deems the
change substantial or insubstantial, with reference to the factors set forth at 760
CMR 56.07(4).) If the change is determined to be insubstantial or if the Board fails
to notify the Applicant by the end of such 20-day period, the Comprehensive Permit
shall be deemed modified to incorporate the change. If, during a public meeting,
the Board deems a change to be substantial, then the Board shall hold a
subsequent public hearing within 30 days of its determination and issue a decision
within 40 days of termination of the hearing, at which the Board may approve or
disapprove the requested modifications or amendments to this decision, in
accordance with the provisions of Mass. Gen. Laws c. 40B, section 21, the
provisions of 760 CMR 56.05 (11). The Board will determine whether additional
information and advice is necessary from other boards and officials in the event of
such substantial change and will then determine whether the change or requested
relief is to be approved and the decision amended accordingly. “Substantial
Change” for the purposes of this paragraph shall include, but not be limited to, all
matters defined as substantial changes in 760 CMR 56.07(4). If it deems
necessary, the Board may, at the Applicant’s expense, retain consultants to review
and advise the Board regarding any proposed changes.
2. No building permit shall be issued and no construction of any structure or
infrastructure shall commence until the Project receives final approval from the
subsidizing agency and evidence of said approval is provided to the ZBA.
3. The Applicant has requested waivers from the Zoning Ordinance and from other
applicable regulations. In review of the relief requested, the Board found that
certain waivers may be granted. In issuing of this permit the Board has waived
compliance with the following sections of the Code of the Town of Barnstable: see
Exhibit I attached hereto and incorporated herein by reference.
4. An affordable restriction and regulatory agreement in form and substance as
required by the subsidizing agency shall be signed with the Subsidizing Agency
and shall be recorded at the Barnstable County Registry of Deeds prior to the
issuance of any certificate of occupancy.
The Applicant shall enter into a Permanent Restriction/Regulatory Agreement with
the Town, in a form and substance reasonably acceptable to the Board and its
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Appeal No. 2025-025 – Great Marsh Development LLC – MGL Chapter 40B
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counsel (the “Town Regulatory Agreement”), which shall be recorded with the
Barnstable County Registry of Deeds prior to issuance of any certificate of
occupancy and signed by all necessary parties, including all mortgagees and lien
holders of record and shall be in force in perpetuity. The Town Regulatory
Agreement: (i) shall only become effective if and when the Regulatory Agreement
with the Subsidizing Agency is terminated, expires or is otherwise no longer in
effect and is not replaced with another regulatory agreement with another
Subsidizing Agency; (ii) shall require that the Project shall remain 25% affordable
so long as the Project does not conform to local zoning; (iii) shall require that at
least 25% of the units in the Project shall be affordable as that term is defined in
M.G.L. Chapter 40B, §20-23; and (iv) shall restrict or limit the dividend or profit of
the Applicant only if and as required under M.G.L. c.40B and 760 CMR 56.00, et
seq., and no independent limitation on dividends or profits is imposed hereunder.
5. As required by law and the Subsidizing Agency, the Applicant shall be a limited
dividend organization and comply with the limited dividend requirements of M.G.L.
c. 40B, §20 and otherwise limit its profits as required under M.G.L. c. 40B (as
determined by the Subsidizing Agency) and any excess profits shall be paid by the
Applicant and distributed or escrowed for reserves as required by the Subsidizing
Agency and in accordance with applicable law, regulations and/or guidelines.
6. This Decision shall be recorded at the Barnstable County Registry of Deeds. This
Decision shall become effective upon recording. Proof of recording shall be
forwarded to the ZBA and the Building Commissioner prior to issuance of a building
permit or the start of construction.
7. This Decision permits the construction, use, and occupancy of the Homes at
Centerville Cove will consist of 19 detached, 3-bedroom, single-family homes. The
Residences at Centerville Cove will consist of 36 rental units in one building with a mix of
2- and 3-bedroom apartments. The subject property is located at 39, 51, 61, and 75 Great
Marsh Road and 195 Phinney’s Lane, Centerville, MA. The construction and occupancy
of the Project shall be in substantial conformity with the Approved Plan, and there
shall be no further division or subdivision of the Site, or the creation of additional
housing units or any other structures or infrastructure except that which is shown
on the Approved Plan without further approval of the ZBA in the form of an
amendment to this Decision and pursuant to statutory requirements applicable at
the time and in accordance with the terms and conditions of this Decision.
8. The Project shall designate affordable units for qualifying households pursuant to
PEL letter dated April 18, 2025, as defined and amended from time to time by the
subsidizing agency for this project. Per the subsidizing agency’s rules and
guidelines, the affordable units shall be evenly dispersed throughout the Project
and shall be indistinguishable from the market rate units in the Project. To properly
phase each affordable unit, no less than two affordable units shall be provided
within the first structure to seek an occupancy permit. Evidence of affordable units
shall be provided at time of occupancy permit request. The affordable units shall
remain affordable in perpetuity by deed riders in form and substance acceptable to
the subsidizing agency for the Project.
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Appeal No. 2025-025 – Great Marsh Development LLC – MGL Chapter 40B
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The Applicant shall notify the Board when building permits are issued for and
cooperate with the preparation of request forms to add the units to the Town’s SHI.
The Affordable Units shall permanently remain affordable units, for so long as the
Project is not in compliance with the Town’s Zoning Ordinance, or for the longest
period allowed by law, if longer, so that the Affordable Units shall continue to serve
the public purposes for which this Comprehensive Permit was authorized under
M.G.L. c. 40B, § 20-23.
9. For the initial rent-up of the Project, the maximum number of Affordable Units
allowed by law and the applicable subsidy program, but not more than seventy
percent (70%) of the Affordable Units, shall be reserved for households that qualify
under a local preference definition approved by the Subsidizing Agency. A lottery
shall be established in a form approved by the Subsidizing Agency to effectuate this
local preference, with an approved secondary lottery for all other Applicants. The
Applicant shall assist the Town in the submittal of any evidence required by the
Subsidizing Agency to support this local preference requirement. The Board
acknowledges that it will be required to provide evidence satisfactory to the
Subsidizing Agency of the need for the foregoing local preference and to obtain
approval of the categories of persons qualifying for the same, and in no event shall
the Applicant be in violation of the terms of this Comprehensive Permit to the extent
the Subsidizing Agency disapproves the local preference requirement or any aspect
thereof. The Applicant shall provide reasonable and timely assistance to the Town
in providing this evidence. If the Board or its designee does not provide such
information within sixty (60) days of a written request by the Applicant, its Lottery
Agent, the Subsidizing Agency, then this condition shall be void unless the Applicant
has failed to provide reasonable and timely assistance as described above.
10. Prior to issuance of the first Certificate of Occupancy, the developer shall furnish
guarantees to the Zoning Board of Appeals as provided in the Subdivision
Regulations that except as otherwise expressly provided in M.G.L. c. 41, Section
81-U, no unit included in the Project shall be occupied until the essential
uncompleted infrastructure necessary to serve such unit has been completed in the
manner specified by the Subdivision Regulations of the Town of Barnstable and/or
the Approved Plan or a performance bond or other security in lieu of completion has
been accepted by the Zoning Board of Appeals. The sum of any such security held
shall be acceptable to the Barnstable Department of Public Works and shall bear a
direct and reasonable relationship to the expected cost, including the effect of
inflation, necessary to complete the subject work. The Applicant shall be permitted
to choose the type of security instrument that is authorized under §81U and also
including a Letter of Credit but the actual form of such instrument is subject to the
prior review and approval of Town Counsel.
11. Prior to issuance of a building permit, the Applicant shall provide to the Town
Engineer a final Stormwater Pollution and Prevention Plan to address specific
sedimentation, erosion and dust control, which illustrates, at a minimum, locations of
measures and provide detailed construction sequencing.
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12. Prior to the start of construction, sediment and erosion controls shall be installed
and be subject to the inspection and approval by the Director of Planning and
Development or her designee.
13. The Limit of Work is the limit of grading and general excavation. No construction
staging or stockpiling of equipment or materials shall be placed outside the Limit of
Work. All mature trees at or beyond the limit of work shall be preserved and
protected during construction.
14. The hours of operation for any construction or staging activities on -site shall be
Monday through Friday, from 7:00 am to 5:00 pm. Construction activity shall also be
permitted on Saturdays from 7:00 am to 4:00 pm. No construction activity shall take
place outside the specified permitted hours or on Sunday or New Years’ Day,
Memorial Day, July Fourth, Labor Day, Thanksgiving, Christmas, or other legal
holiday. Work outside of these hours may be considered upon review and approval
by the Building Commissioner prior to any work outside of these hours commencing.
15. All construction related parking shall be conducted on -site. No parking of any
vehicle associated with the Project shall park on nearby parcels including those
vehicles arriving early. There shall be no staging of vehicles on nearby parcels. And
all vehicles associated with the Project shall enter into the temporary construction
entrance and park within the construction fencing at all times.
16. During construction, no run-off shall be directed down the proposed driveway onto
Great Marsh Road or Phinneys Lane or onto abutting properties. The Applicant
shall maintain any drainage or sediment controls in good working order and
maintain the construction site free of dust that would create a hazard or nuisance to
adjacent properties. In addition, the Applicant shall require trucks hauling debris to
be covered and wet down as required to minimize dust. Spillage on roads shall be
cleaned up immediately, and overloading trucks, which may contribute to spillage
on haul roads, is prohibited.
17. If construction activity ceases for longer than 30 days, then written notice shall be
provided by the Applicant to the Building Commissioner at least 48 hours before
resuming work. Pursuant to 780 CMR 33 Safeguards during Construction and
applicable statutes, the Building Commissioner may require that any foundation,
trench, structure, equipment or other hazard be secured as necessary, in his
opinion, including but not limited to installation of fencing and/or filling of trenches.
18. If construction is temporarily suspended during the growing season, all exposed
areas shall be stabilized by seeding and/or mulching within 14 days of suspension
of construction. If construction is temporarily suspended outside the growing
season, all exposed areas shall be stabilized by mulching and tack within 14 days of
suspension of construction. Slopes steeper than 3:1 shall be stabilized by netting
and pinning during suspension of construction.
19. Utilities within the Site, including but not necessarily limited to electric, cable and
telephone, shall be located underground.
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20. All exterior lighting at the Site shall be dark sky compliant and shall not allow
spillover of light onto adjoining properties, in accordance with the Approved Plans
and the Town’s Zoning Ordinance.
21. Snow and ice removal shall be the responsibility of the Applicant or a successor
and in accordance with the approved Operation and Maintenance Plan.
22. Fertilizers containing phosphorous are prohibited and shall not be used with in the
site.
23. The Applicant shall be permanently responsible for the following at the Project: 1)
all plowing, sanding, and snow removal; 2) all site maintenance and establishing a
regular schedule for site maintenance; 3) repairing and maintaining all on -site ways,
including drainage structures and utilities therein; 4) conducting annual inspection,
maintenance and cleaning of all elements of the drainage system, including but not
limited to catch basins, drain manholes, detention basins, swales and pipelines; and
site lighting and landscaping.
24. As stated by the Board and agreed to by the Applicant, the internal roadways,
utilities, drainage systems and all other infrastructure shown in the Plan shall remain
private. The Town of Barnstable shall not have, now or ever, any legal responsibility
for the operation or maintenance of the infrastructure, including but not limited to
snow removal and road repair.
25. Prior to commencing construction of the Project, the Applicant shall submit a fully
executed copy of a Monitoring Service Agreement to the Board; provided, however,
that it is acceptable if monitoring provisions are provided for within the subsidizing
agency affordable housing restriction/Regulatory Agreement.
26. This Decision is binding on the Applicant’s successors, assigns, agents, and
employees. This approval shall inure to the benefit of and binding upon Great Marsh
Development LLC, its successors and assigns, provided there is no change in use
for the Premises. The Zoning Board of Appeals shall be notified in writing of any
changes in affiliates and successors in title and additional users of the Premises.
27. Any change of use shall require a public hearing to either modify the existing
Decision or to issue a new Decision.
28. The Applicant shall provide an As-Built Plan. An as-built plan shall be provided to
the Building Commissioner and Department of Public Works for review and
certification prior to the final occupancy permit for the Project.
29. If at any time it appears that the Applicant is in violation of an affordable housing
restriction, then the Board may pursue such enforcement rights as it may have
under the affordable housing restriction and/or applicable law.
Zoning Board of Appeals Planning and Development Staff Report
Appeal No. 2025-025 – Great Marsh Development LLC – MGL Chapter 40B
12
30. The Town, by and through the Board, Building Department, or its designee, shall
have continuing jurisdiction over the Project to ensure compliance with the terms
and conditions of this Decision.
31. This Comprehensive Permit shall lapse if the Applicant does not commence
substantial construction within three (3) years of the date it becomes final (which is
the date this Decision is filed with the Town Clerk if no appeal is filed, or the date the
last appeal is decided or otherwise terminated favorably to the Applicant in the event
of an appeal). The Zoning Board of Appeals may authorize an extension of the three
(3) year period under the applicable state regulations. Construction shall be
completed within six (6) years of this Permit taking effect.
32. If any part of this Decision is for any reason held invalid or unenforceable, such
invalidity or unenforceability shall not affect the validity of any other portion of this
Decision.
CC: Applicant, c/o Attorney Andrew Singer
Attachments: Comprehensive Permit Application and attachments