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HomeMy WebLinkAboutZBA Suggested Conditions (Phinneys Lane and Great Marsh Road)(Draft 4.1.2026)1 Town of Barnstable Board of Appeals Comprehensive Permit Application Applicant: Great Marsh Development LLC Development: Homes at Centerville Cove Property: 39, 51, 61, and 75 Great Marsh Road, 195 Phinney’s Lane, and 40 Richardson Road, Centerville, MA Assessor’s References: Map 210, Parcels 124, 125, 126, 134-003, and 134-004, and Map 209, Parcel 020 Suggested Conditions for Consideration Based on the above determinations, the Zoning Board of Appeals finds that the proposal meets the requirements of M.G.L. Ch. 40B, Sections 20-23 and 760 CMR 56.00 et seq., 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 Plans 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 M.G.L. Ch. 40B, Section 21 and the provisions of 760 CMR 56.05(11). The Board may determine whether additional information and advice are 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. For purposes of this paragraph, “Substantial Change” shall include, but not be limited to, all matters defined as substantial changes in 760 CMR 56.07(4). If deemed 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 such approval is provided to the ZBA. 2 3. The Applicant has requested waivers from the Zoning Ordinance and from other applicable local regulations. In review of the relief requested, the Board found that certain waivers may be granted. In issuing this Comprehensive Permit, the Board has waived compliance with sections of the Code of the Town of Barnstable and Cape Cod Commission as set forth on Exhibit I attached hereto and incorporated herein by reference. 4. An Affordable Housing Restriction and Regulatory Agreement in form and substance as required by the Subsidizing Agency (“Regulatory Agreement”) 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. In addition to the foregoing, the Applicant shall also enter into a Deed Restriction/Regulatory Agreement with the Town in form and substance reasonably acceptable to the Board and its counsel (“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 sunset after thirty (30) years to be consistent or qualify with Massachusetts CommonWealth Builder Program. The Town Regulatory Agreement shall: (i) become effective only 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) require that the Project shall remain at least 25% affordable so long as the Project does not conform to local zoning; ( iii) 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) restrict or limit the dividend or profit of the Applicant or successor 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. Ch. 40B, §20 and otherwise limit its profits as required under M.G.L. Ch. 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 Board of Appeals and the Building Commissioner prior to issuance of a building permit or the start of construction. 7. Development of the site shall substantially conform to plans presented to the Board consisting of the following: • Site Plans _________; • Landscape Model Plans __________; and • Elevations and Floor Plans ___________. (collectively “Approved Plans”). 8. This Decision permits the construction, use, and occupancy of thirty-six (36) single-family dwellings on individual lots within the Homes at Centerville Cove subdivision (“Project”). The subject property is located at 39, 51, 61, and 75 Great Marsh Road, 195 Phinney’s Lane, and 40 3 Richardson Road, Centerville, MA. The construction and occupancy of the Project shall be in substantial conformity with the Approved Plans, and there shall be no further division or subdivision of the Site, or the creation of additional housing units or infrastructure except that which is shown on the Approved Plan without further approval of the Board of Appeals 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. 9. The Project shall designate affordable units for qualifying households pursuant to the Project Eligibility Letter dated April 18, 2025, as defined and amended from time to time by the Subsidizing Agency for the 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. Evidence of affordable units shall be provided at time of occupancy permit request. The affordable units shall remain affordable as required by the Massachusetts CommonWealth Builder Program. 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. 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. Ch.. 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 the first 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. 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 his 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. 14. The hours of operation for any construction or staging activities on site shall be Monday through Saturday, from 7:00 a.m. to 7:00 p.m. 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 and days may be considered upon review and approval by the Building Commissioner prior to any work outside of these hours or days commencing. 4 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. 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 roadway onto Great Marsh Road or Phinney’s Lane nor 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 thirty (30) days, 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 fourteen (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 fourteen (14) days of suspension of construction. Slopes steeper than 3:1 shall be stabilized by netting and pinning during suspension of construction. 19. All utilities shall be located underground, with the exception of those components normally and customarily located above ground. Any easement necessary for utility service shall be specified on the plan to be endorsed. No residential structure shall be located on or above any easement. 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. Construction of the ways, inclusive of the roadway, curbing/berms, utilities, street trees, monuments, signs, and stormwater areas shall be in accordance with applicable Subdivision Rules and Regulations, except as they have been waived herein. 22. All roadways shall be designed to efficiently and safely accommodate turning movement for school buses and fire trucks, as well as emergency vehicles. Fire hydrant(s) shall be installed to the requirements of the C.O.M.M. Fire Department. Final layout and development standards are to be reviewed and approved by the Centerville Fire Department and the Town’s Department of Public Works, consistent with the terms of this Decision. 23. All drainage from impervious surfaces shall be recharged on-site. Run-off shall not be permitted to flood into the adjoining lots or streets. The Applicant shall be responsible for providing site drainage that meets the Town Engineer’s requirements to retain the difference between the pre- 5 and post development storm flow. All plans and specifications shall be reviewed and be in compliance with the requirements of the Town’s designated engineer, The catch basins, detention/infiltration basin and leaching structures shall be regularly maintained. 24. Lot owners shall not use fertilizers containing phosphorous on their lawns. 25. The Applicant shall have prepared a subdivision plan in accordance with the Planning Board’s Subdivision Rules and Regulations, suitable for endorsement by the Board of Appeals and recording at the Registry of Deeds. The Zoning Board of Appeals shall endorse such plan upon compliance with these terms and conditions. The plan shall reference this Decision and shall document the imposed setbacks in this decision. Said plan and this Comprehensive Permit Decision shall be recorded within sixty-day (60) days of endorsement. 26. The single-family dwellings to be built on the Property shall substantially conform to the styles as per plans and elevations submitted to the Board. The manufacturer of the homes may change by time of construction. In such event, the houses to be built will continue to be ranches or Capes in similar size and style to those referenced in Condition 26 above. In addition, minor changes, adjustments, and deviations from the plans that do not constitute a substantial change may be requested by the Applicant. Those changes shall be administratively reviewed and approved by staff of the Planning and Development Department assigned to the Board. 27. The structures are to be manufactured homes of wood frame construction with clapboard or shingle fronts, sides, and rear elevations or better, insulation as per Mass. Energy Code. Construction shall comply with the Massachusetts Building Code. 28. Setbacks for all structures including future accessory buildings and decks shall be as shown on the Approved Plans with the waivers granted herein. 29. The Applicant shall exercise best efforts to retain existing deciduous and evergreen trees between the house and street lines (subject to necessary work and passage areas). To the extent possible, the Applicant shall use best efforts to retain any trees four (4) inches or more in diameter. 30. With respect to individual lots other than the existing, developed 40 Richardson Road, the Applicant shall comply with the following minimum landscape standards at the time of initial sale of each lot: • A minimum of one shade tree or one flowering tree shall be planted per lot. The tree shall have a minimum caliper of 2 inches. A minimum of 12 mixed evergreen and deciduous shrubs, 18 to 36 inches in height shall be planted on each lot. • The yard lawn areas shall be loamed and deeded or sodded and all plants and planting beds are to me mulched. 31. Each dwelling shall be connected to public water and public sewer. The Applicant shall be responsible for securing all necessary permits for and connecting of all dwellings to the public sewer. All applicable rules, regulations and design standards shall be followed for the design and 6 connection to the public sewer. The Department of Public Works must review the system to ensure compliance with applicable rules and regulations. 32. Each lot shall have a driveway with a one or two-car capacity with 20-feet by 10-feet spaces. 33. The thirty-six (36) lots shall be addressed and each dwelling’s roadway number posted in accordance with the Code of the Town of Barnstable Chapter 51, Building Numbering. All signage on-site shall conform to the Town of Barnstable Zoning Ordinance. 34. All building permits issued shall be included in the counting and number limitations imposed in the Planning and Development Ordinance; however, should the requested permit(s) exceed those available at the time the request is made, the Building Commissioner shall issue the permit(s) separate and outside of the limitations imposed by the Ordinance. The building permits are subject to all other requirements of the Building Division for the issuance of building permits and all requirements of this Comprehensive Permit Decision. 35. All building permits (excluding the existing dwelling at 40 Richardson Road which will remain a market rate lot) shall issue accordingly: ● For every four (4) permits issued, one (1) shall be issue for an affordable unit and three (3) shall be for the market rate units; ● Additionally, for every four (4) occupancy permits issued, one (1) shall be for an affordable unit and three (3) shall be for market rate units; and ● The last affordable unit must be completed and issued an occupancy permit prior to the issuance of occupancy permits for the last three (3) market rate units. 36. This Comprehensive Permit is granted with the condition that the proposed development is approved by MassHousing and is funded to the extent required through the CommonWealth Builder Program. Any change in the funding program will require a modification of this permit from the Board. No building permits shall issue until the Applicant receives final funding approval from the approved lender under the applicable financing program. 37. The affordable dwellings shall be owned and occupied by low or moderate income residents at the time of sale. They shall not be rented unless those units are owned by a not-for profit or public agency with the purpose of providing affordable housing. In that case, such units shall only be rented as affordable units to qualified low or moderate income tenants whose maximum annual income is not more than 80% of the area median income of Barnstable MSA. The monthly rent payable by a household inclusive of utilities shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. None of the dwelling units may be rented for less than a one-year term. This condition shall be included within the subdivision covenants and property deeds. Subleasing of any unit, if permitted, shall not be less than one year. 7 38. A monitoring agent, approved by the Town’s Attorney’s Office, shall be retained by the Applicant. All costs associated with monitoring for consistency with the Regulatory Agreement shall be borne by the Applicant. 39. The Regulatory Agreement and Monitoring Service Agreement, as prepared, reviewed, and approved by the Town Attorney’s Office consistent with the terms of this Comprehensive Permit, shall stipulate that: a) the affordability restrictions shall take priority over all financing documents related to the Project; and b) the language establishing an expanded period of time for locating a qualified buyer shall be included. 40. The Applicant shall submit a full audit and certification of total development costs and revenues, on a federal income tax basis, prepared and certified by a Certified Public Accountant acceptable to the monitoring agent or the Town after completion of all construction. The parties agree to cooperate to complete this audit and certification within 90 days after the sale of the last unit. 41. This Comprehensive Permit is binding on the Applicant and its successors, assigns, agents, and employees. 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. 42. The Applicant shall provide an As-Built Plan to the Building Commissioner and Department of Public Works for review and certification prior to the final occupancy permit for the Project. 43. 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. 44. 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. 45. This Comprehensive Permit shall lapse if the Applicant does not commence substantial construction within five (5) 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 Applicant in the event of appeal). The ZBA may authorize an extension of the five (5) year period under the applicable State regulations. Construction of the roadway shall be completed within six (6) years of this Decision taking effect. 46. It is intended that this Decision and the conditions contained herein are in addition to and independent of any requirements otherwise imposed by any other regulatory agency. The requirements contained herein shall have independent legal significance and effect. 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.