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HomeMy WebLinkAbout07.02.2026_FOR BOARD REVIEW_Draft Great Marsh Decision 1 I. PROCEDURAL HISTORY 1. Great Marsh Development, LLC (Applicant) applied to the Town of Barnstable Zoning Board of Appeals (Board) for a Comprehensive Permit on August 22, 2025 (Application), proposing to develop 19 single family homes and a 36-unit apartment building on approximately 5.8 acres of land located on Great Marsh Road, Centerville, MA to be named the Homes at Centerville Cove (Project). The Applicant subsequently revised the Project plans as detailed in Section III below. 2. The Site is located at 40 Richardson Road, 39, 51, 61, and 75 Great Marsh Road, and 195 Phinney’s Lane, Centerville, MA, in the Residence C (RC) and Highway Office (HO) and Resource Protection Overlay (RPOD) Zoning District. 3. The public hearing on the Application was opened on October 8, 2025, and continued to October 22, 2025, January 14, 2026, February 11, 2026, and April 8, 2026, and July 8, 2026. 4. The Applicant was represented at the public hearing by Michael Egan, principal; its Attorney, Andrew Singer, Law Office of Singer & Singer, LLC; its project engineer, Matthew Eddy, P.E., of Baxter and Nye; its project architect, Kurt Raber, of Catalyst Architects; and its traffic engineer, Randy Hart of VHB. 5. The Applicant provided various materials, reports, studies, and revised plans throughout the course of the public hearing on the Application, all of which are on file with the Town of Barnstable Planning & Development Department and incorporated herein. 6. The Board requested and heard input from Town staff, abutters, and other interested parties. The Board received written comments from the Centerville-Osterville-Marston’s Mills Water and Fire Districts, the Department of Public Works, the Barnstable Historic Commission, and the Cape Cod Commission. All written submittals are on file with the Town Planning & Development Department. II. JURISDICTIONAL FINDINGS 1. The Town of Barnstable (“Town”) does not meet the statutory minima set forth in G. L. c. 40B, § 20 or 760 CMR 56.03. a. At the time of the filing of the Application, the number of low- or moderate-income housing units in the Town constituted 7.75% of the total year-round housing units in the Town, based on the most recent publicly available copy of the Executive Office of Housing and Livable Communities (EOHLC) Subsidized Housing Inventory (SHI), dated June 10, 2026. Thus, the Town does not meet the ten percent (10%) statutory minimum. b. The Town does not have information that there are existing affordable housing units that are on sites that comprise more than one- and one-half percent (1.5%) of the total land area of the Town that is zoned for residential, commercial or industrial use (excluding land owned by the United States, the Commonwealth of Massachusetts or any political subdivision thereof). 2 c. The granting of this Comprehensive Permit will not result in the commencement of construction of low- or moderate-income housing units on a site comprising more than three tenths of one percent of land area in the Town or ten acres, whichever is larger, zoned for residential, commercial or industrial uses (excluding land owned by the United States, the Commonwealth of Massachusetts or any political subdivision thereof) in any one calendar year. d. The Town has an approved Housing Production Plan pursuant to 760 CMR 56.03(4) but was not within (or eligible for) certification on the date the Applicant filed the Application. e. As of the date the Applicant filed the Application, the Town had not achieved recent progress toward its housing unit minimum pursuant to 760 CMR 56.03(5). f. The Project does not constitute a Large Project pursuant to 760 CMR 56.03(6). g. The Applicant’s Comprehensive Permit Application does not constitute a Related Application pursuant to 760 CMR 56.03(7). 2. The Applicant has demonstrated its eligibility to apply for a Comprehensive Permit to the Board, and the development fulfills the minimum project eligibility requirements set forth in 760 CMR 56.04(1) as follows: a. The Applicant is a limited liability company and has indicated in its application that it will conform to the limited dividend requirements of G. L. 40B, §§ 20-23, thus establishing that it is a limited dividend entity. b. The Applicant has received written determinations of Project Eligibility from MassHousing dated April 18, 2025, copies of which were provided to the Board with the original application. While the Applicant substantially revised the plans during the public hearing process, the original Project Eligibility Letter is sufficient to confer jurisdiction pending final approval by MassHousing. c. The Applicant has shown evidence of site control sufficient to qualify as an applicant for a Comprehensive Permit. d. The Applicant has agreed to execute a Regulatory Agreement that limits its annual distributions in accordance with G. L. c. 40B, 760 CMR 56.00 et seq., and guidelines adopted thereunder by EOHLC. 3 III. FACTUAL FINDINGS 1. The Project will be developed on land located at 39, 51, 61, and 75 Great Marsh Road, 195 Phinney’s Lane, and 40 Richardson Road, Barnstable (Centerville), MA. 2. During the public hearing process, the Applicant submitted revised plans, showing 36 three- bedroom single-family homes, including 35 new single-family homes and the existing single- family home at 40 Richardson Road. The revised plans included additional land, increasing the total acreage from 5.8 to 6.764 acres. The Board has determined that the 36 single family home development on increased acreage is more appropriate for the Site than the originally proposed 56 mixed-use development. 3. The Site consists of approximately 6.764 acres of land that includes undeveloped land, and land improved with single family dwellings, sheds, and septic systems. All existing improvements will be removed from the Site, except the residential dwelling and improvements at 40 Richardson Road. 4. The Board heard testimony from the Applicant and the Board’s traffic consultant, including the Applicant’s Traffic Impact Study prepared by Vanasse Hangen Brustlin (vhb), that the Project is expected to result in approximately 28 vehicle trips during the weekday morning peak hour and approximately 33 vehicle trips during the weekday afternoon peak hour. These figures are based upon the original proposal for 19 single family homes and a 36 -unit apartment building. 5. In June of 2026, the Applicant submitted a revised Traffic Impact Study showing the 36 single family home Project is expected to result in approximately 30 vehicle trips during the weekday morning peak hour and 37 vehicle trips during the weekday evening peak hour. 6. The Project shall connect to the Town of Barnstable Municipal sewer and water systems. 7. Stormwater management has been designed in compliance with the Massachusetts Stormwater Management Standards, the Massachusetts Stormwater Management Handbook, and the Town Stormwater Management Ordinance and Rules and Regulations. The system incorporates best management practices to facilitate total suspended solids removal, infiltration and detention of stormwater flows. 8. The Board finds that the conditions imposed in Section IV of this Decision are necessary to address Local Concerns. The Board finds that such conditions will not render the project uneconomic. To the extent that such conditions may render the project uneconomic (as defined in 760 CMR 56.02), the Board finds that the Local Concerns outweigh the potential benefits of the proposed affordable units. 9. The Board finds that endorsement of the proposed subdivision plan dividing the property into 36 lots is necessary and appropriate to facilitate the construction of this project. 10. The Board finds that the site development plans showing the locations and outlines of proposed 4 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 comply with EOHLC regulations, including 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 density and layout of the Project as well as the design of adequate landscape buffers 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 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 C3.3 of the site plans. 17. The Board acknowledges concerns raised by abutters to the Property and other interested parties about the Project’s initial density and potential impacts on traffic and the surrounding neighborhood, including concerns that some nearby residents expressed about the access to the Property being located across from Juniper Road to create a four way intersection Great Marsh Road. 18. After consideration of all materials submitted and testimony provided, the Board finds that the access proposed by the Applicant creating an intersection on Great Marsh Road across from Juniper Lane is safe and acceptable as documented in testimony and materials submitted by the Applicant and in written peer review submitted by both the Barnstable Department of Public Works and the Cape Cod Commission. 19. At the request of the Board, the Applicant also submitted an alternative curb cut on Great Marsh Road closer to the intersection with Phinney’s Lane and an updated Traffic Impact and Analysis Study that includes sight line analysis of the alternative curb cut placement. Based on the updated Traffic Impact and Analysis Study, the Board finds that the alternative curb cut placement is also safe and acceptable. 20. The Board finds that the conditions imposed below address local and regional housing needs 5 while properly protecting issues of local concern. The Board further finds that conditions detailed below appropriately address these matters of local concern in a manner that outweighs the regional need for affordable housing. 21. The Board finds that the construction of the Project, as conditioned, will be consistent with local needs. IV. CONDITIONS A. General Conditions 1. The holder of this Comprehensive Permit is Great Marsh Development, LLC. The Site consists of the property located at 39, 51, 61, and 75 Great Marsh Road, 195 Phinney’s Lane, and 40 Richardson Road, Barnstable (Centerville), MA. The Project is defined as all features shown on the plans listed below in Condition 2 and as otherwise required by this Comprehensive Permit. 2. Except as may be provided for in the following Conditions, the Project shall be constructed substantially in conformance with the following plans, which shall collectively be referred to as the Approved Plans: • Site Plans; Master Site Layout Plan dated C3.0, Site Layout Plan C3.1, Tower Truck Turning Template Plan C3.3, Site Distance Plan C3.4, Site Distance Plan (Original Location) C3.4, • Landscape Model Plans C3.2; and • Elevations and Floor Plans A1.5, A1.6 and Renderings from Avalon Collection. 3. Approval is limited to the improvements as noted on the Approved Plans and as may be conditioned herein. Any changes to the Approved Plans must be approved by the Board in accordance with 760 CMR 56.05(11), as may be amended or recodified. If, after reviewing the proposed changes to the Approved Plans, the Board determines that it requires technical or expert advice, it may, at the Applicant’s expense, retain consultants to review and advise the Board as needed to assist the Board in rendering a decision on the proposed changes. 4. 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. 5. The Applicant has requested waivers from the Town of Barnstable Zoning Ordinance and from other applicable local regulations. In review of the relief requested, the Board found 6 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 A attached hereto and incorporated herein by reference. No waivers are granted from requirements that are beyond the purview of G.L. c. 40B, §§ 20-23. No waiver of permit or inspection fees has been granted. Any subsequent revision to the Approved Plans that require additional or more expansive waivers of any local by-laws or regulations, must be approved by the Board in accordance with 760 CMR 56.05(11). 6. The provisions of this Comprehensive Permit Decision and Conditions shall be binding on the successors and assigns of the Applicant, and the obligations shall run with the land. If the Applicant sells, transfers, or assigns its interest in the development, this Comprehensive Permit shall be binding upon the purchaser, transferee, or assignee and any successor purchasers, transferees or assignees. The applicable limited dividend restrictions shall apply to the owner of the project regardless of sale, transfer, or assignment of the project. B. Affordability 1. A minimum of 25% of the 35 new units shall be low- or moderate-income units, meaning that they shall be sold to households earning not more than 80% of the Area Median Income (AMI), as determined by the United States Department of Housing and Urban Development and the Executive Office of Housing and Livable Communities. These Units are herein collectively known as the “Affordable Units.” The Applicant is seeking funding for the Project through the Massachusetts CommonWealth Builder Program. In accordance with the CommonWealth Builder Program, the Affordable Units shall be restricted at 80% AMI for a period of thirty (30) years. 2. The Applicant shall be responsible for maintaining sufficient records to comply with EOHLC and Subsidizing Agency guidelines for the distribution of the Affordable Units in the Project and occupancy of the Affordable Units by income eligible households. Evidence of affordable units shall be provided at time of occupancy permit request. 3. The Applicant shall enter an Affordable Housing Deed Restriction and Regulatory Agreement, in form and substance required by the Subsidizing Agency, that contains terms and restrictions sufficient to satisfy the requirements of EOHLC for the Affordable Units to qualify for inclusion on the SHI. 4. The Applicant shall be responsible for cooperating with the Town as needed to prepare and execute any document that EOHLC requires the Town to submit to have units included on the Town’s Subsidized Housing Inventory. The Applicant shall obtain approval by the Subsidizing Agency of an Affirmative Fair Housing Marketing Plan (“AFHMP”) prior to the sale of any Affordable Units and shall ensure that the Project complies with the Subsidizing Agency’s Fair Housing requirements. 7 5. 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. C. Prior to the commencement of construction: 1. The Applicant and the site general contractor shall attend a preconstruction conference with the Director of Planning and Development and other Town staff and consultants as may be determined to be necessary. 2. The Director of Planning and Development shall inspect and approve the limit of work. The limit of work includes the limit of grading and general excavation. All construction staging or stockpiling of equipment or materials shall be placed inside the limit of work. 3. The Applicant shall submit a Definitive Subdivision Plan to the Board for endorsement. The Definitive Plan shall substantially conform to the Approved Plans. 4. The Applicant shall obtain the Director of Planning and Development’s approval of sediment and erosion controls. D. Prior to the issuance of the building permit, the Applicant shall: 1. Record this Comprehensive Permit Decision and the Subdivision Plan endorsed by the Board with the Barnstable County Registry of Deeds and provide proof of such recording to the Board and Building Commissioner. 2. Submit to the Board and the Director of Planning and Community Development evidence of Final Approval from the Subsidizing Agency, as required by the Project Eligibility letter and the Chapter 40B regulations. 3. Submit to the Board a copy of the Regulatory Agreement and Monitoring Services Agreement for the Project. Execution and recording of such Regulatory Agreement with EOHLC shall be 8 complete prior to the issuance of any building permit. It is understood and agreed that Monitoring provisions may be included with the Regulatory Agreement, in lieu of a separate Monitoring Services Agreement. 4. Provide 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. 5. All building permits (excluding the existing dwelling at 40 Richardson Road, which will remain a market rate lot) shall be issued as follows: ● One of every four building permits issued shall be for an 80% AMI affordable unit; ● Additionally, one of every four certificates of occupancy issued shall be for an 80% AMI affordable unit; and ● The final 80% AMI affordable unit shall be completed and issued a certificate of occupancy before certificates of occupancy are issued for the last three non-80% AMI units. E. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall: 1. 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. 2. The Applicant shall complete all approved infrastructure and provide an As-Built Plan to the Building Commissioner and Department of Public Works prior to the release of performance bond or other security accepted pursuant to Paragraph F.1 above. F. Construction 1. 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 9 days may be considered upon review and approval by the Building Commissioner prior to any work outside of these hours or days commencing. 2. 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. 3. 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. 4. 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. 5. 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. G. Project Design 1. 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. 2. 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. 3. 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. 10 4. 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. 5. 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- 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. 6. Fertilizers containing phosphorous shall not be applied or used anywhere on the Property. 7. 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. Said plan and this Comprehensive Permit Decision shall be recorded within sixty-day (60) days of endorsement. 8. This Decision permits the construction, use, and occupancy of not more than thirty-six (36), three-bedroom single-family dwellings, thirty-five (35) new dwellings and the existing market rate home at 40 Richardson Road.. 9. Each of the thirty-five (35) new lots shall have a driveway with a two-car capacity with 20-feet by 10-feet spaces. The driveway for 40 Richardson Road is remaining. 10. The new single-family dwellings shall be no more than 3 bedrooms each and shall substantially conform to the Approved Plans. 11. Setbacks for all structures including future accessory buildings and decks on the thirty-five new lots shall be as shown on the Approved Plans with the waivers granted herein. 12. 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. 13. 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: 11 • A minimum of one shade tree or one flowering tree shall be planted per lot. The tree shall have a minimum caliper of 3 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 seeded or sodded and all plants and planting beds are to be mulched. 14. 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 connection to the public sewer. The Department of Public Works must review the system to ensure compliance with applicable rules and regulations. 15. 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. 16. The Applicant will construct a roadway to provide access to the Property from Great Marsh Road. The Applicant will install emergency access to the Property from Phinney’s Lane. There will be no motor vehicle access from Richardson Road other than the existing private driveway belonging to 40 Richardson Road. H. Other General Conditions 1. The Applicant shall comply with all local regulations of the Town and its boards, commissions, and departments unless specifically waived herein or as otherwise addressed in these conditions. 2. Nothing contained in this Comprehensive Permit shall limit the authority of the Building Commissioner to enforce the provisions of the State Building Code. 3. If at any time it appears that the Applicant is in violation of an affordable housing restriction or regulatory agreement, then the Board shall have the right to pursue such enforcement rights as it may have under the affordable housing restriction and/or applicable law. 4. 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. 5. 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 12 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. 6. 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. 7. 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. 8. The Applicant shall copy the Board on all correspondence between the Applicant and any federal, state, or Town official, board, or commission concerning the conditions set forth in this Decision, including but not limited to testing results, official filings, environmental approvals, and other permits issued for the Project. 9. The Applicant shall copy the Board on all correspondence from the Applicant to the Subsidizing Agency or EOHLC concerning the Project. 10. If any default, violation or breach of these conditions by the Applicant is not cured within thirty (30) days after notice thereof (or such longer period of time as is reasonably necessary to cure such a default so long as the Applicant is diligently and continuously prosecuting such a cure), then the Town may take one or more of the following steps: (a) by mandamus or other suit, action or other proceeding at law or in equity, require the Applicant to perform its obligations under these conditions; or (b) take such other action at law or in equity as may appear necessary or desirable to enforce these conditions. DECISION In consideration of all of the foregoing, including the plans, documents and testimony given during the public hearing, pursuant to Chapter 40B, §§ 20-23 the Board hereby grants the Applicant a comprehensive permit for the construction 36 single family homes, as conditioned and described above. RECORD OF VOTE The Board of Appeals voted _______, at its public meeting on June __, 2026, to grant a Comprehensive Permit subject to the above-stated Conditions, with this Decision as attested by the signatures below. 13 _ _ _ ___________________________ __________________________ Filed with the Town Clerk on ___________ __, 2026. Town Clerk Notice: Appeals, if any, by any party other than the Applicant, shall be made pursuant to Massachusetts General Laws, Chapter 40A, s. 17, and shall be filed within twenty (20) days after the filing of this notice in the Office of the Town Clerk, Town Hall, Barnstable, Massachusetts. Any appeal by the Applicant shall be filed with the Housing Appeals Committee pursuant to G. L. c. 40B, § 23, within twenty (20) days after the filing of this notice in the Office of the Town Clerk.