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0000 CASTLEWOOD CIRCLE (2)
G�S������,`� �cz.�� l -} A ,� -- -- __ � � _�-�=-��-��__P�=�_ ; -, �� �, �� �� y �.r '� I ttlers Landing I&II Home Distribution yx.`. iSetlliirs T.at►kdin )' g, Settlers ndin II r x w h YG: N. S .Feet-Type rdal�l ,: '.... ICatket� '; .ray.,. �,•} Affordable Market y Vin and-Chelm 1248-Ranch 's i y ` 2 30.; 3 2 t,a Cranbrook 1500 RanchSyr 3 Nantucket II 1606-Ca De "� r t Lexington I 1625-Cape 7g Y.. `.-. ~. >_.. r "2 z 3.::°v `t 3 Nantucket I 1668-Cape k4`....�: 3 r�.�.;`}. ,r: ` r .'..a },_ , 3 2 '�. ��3,.,. . ��M�xr� 4�- - Concord I 1777-Ca De 3 {ag .. - . Lexington II 1966-Ca De Concord H 1980-Ca a '_`�a.' ,. ,'.` �,'f,x . " y 2._�" `wu}P 3 't.1" LIQTAI, }-" aC Fy h G p� 'N Y i 1kJ 5....o yA� �,i�.S-v.',h. !�s.;S..ry <. F e"�,�=$31'�sttfrhtion„ Settlers Landin II Gar. �' .?.,.,.r ti. . Vl ......lie t nt N_?; .. _3E�© oxel, :. .� %., >. '. - i O✓>r ,,, xv.'�'�aww - - M1 ...,� f 3•J,� .� M. ^,S S" .R C h.._ f J.'7 }�1T 4 "� yS�}y},.' , -7 fi�,r. '-z r ^sa ✓`:rr r t rs t { a t ,+, r t :-�` ..r t s^.. r .a �Y�1 .. �} 5 ) e tareIil`iz" CQIICOCI I, �T1Ly'. ,r. y jr .( >'t r s-�1 C"�r .}r rjy ".. u. r��1.�,Fr "'tip .4 kk �r�y, 3} r•'M'1�AP.t���t Y 'cc, j'" �,�VXrt and r ;:.i � ;���r a.y,-. - . �-��.�'"t ., " c,'": f'. � �ffO�'�'3�t�0�T.II'lt,.<�-,.�3?:�atk1-uGkP..t..� ,.�.'.::� '�6n�",h r r' • 1 N�- "� r:,,`��.�f'tr'��'a{' aFi�2it'itx' ,` t.,,���knb� Dk� t "• s g.-- "'•°c=�` �`-: �t'�, •e�(�'.rc '' TLC - l ,x'f'. --.,5�54� -vF Jq`' ( n, � }y p�j- ,,,E 3 IT1�Ftti 21 Market Unit Cranbrook Right 22. Affordable Unit Vin and None • Market Unit �2r �SSOeoF KIP Nantucket I Right 24 Market Unit Concord II Right 25 Market Unit I Nantucket II Right 26 Market Unit Lexington I Right 27 Affordable Unit Nantucket I None 28 Market Unit Concord I Right 2. Market Unit e r m T 0 c Lexington I Right 1"730 Market Unit Concord II.. Right 31 Market Unit - Nantucket I[ Right 32 Market Unit Concord I Right 33 g Affordable Unit ` fir M ISS Je.j Vinyard None • 34 Market Unit Lexington II Right 35 / Market Unit -Vinyard' Right 36 Market Unit - Lexington I Right 37. Affordable Unit Nantucket I None 38 Market Unit_ Concord I Right 39 Market Unit _ Lexington II. Right 40 Market Unit Concord II Right 41 Market Unit Nantucket II Right 42 Affordable Unit r Vinyard., None 43 3/ Market Unit �¢�Y✓'r .ISS,0 e-- Lexington II Right 44 Market Unit Cranbrook Right 45 Market Unit Vinyard Right 46 Affordable Unit Nantucket I None. • 47 GI Market Unit G�p .ZSS Ue- Cranbrook Right 48 Market Unit Lexington II Right 49 Note:Agreement calls.for Settlers II to have 15 garages on the 23 markets Nantucket I Right before matching garages.on affordable units on a one to one.requirement. Settlers Landing II - Affordable Build List Affordable Market Affordable Market Lot # Bldg Permit Bldg Permit Occupancy Occupancy 21 22 23 1 24 25 26 27 28 29 1 30 31 32 33 1 34 35 36 37 38 .39 40 ------------------- 41 42 43 1 44 45 1 46 47 48 49 Total-`Affordable . .,. Affordables Required: 1.25 r. ;} h = �8 � 4 Remamin 23 v r 6 9;; .z 9 Affordable units shall be constructed and occupancy permits issued at the rate of one Permits;To Be t affordable unit for every four market rate units. .�Issupd 18 Pending Permits Message ; Page 1 of 3 Roma, Paul _ From: Shea, Sally Sent: Thursday, August 16, 2012 9:52 AM To: Roma, Paul Subject: FW: Settlers II Affordable Build List(06-28-2012).xls Paul it's lot 35 that Art removed his approval on not sure if they both made a mistake with which lot they are discussing. I let Art , know. Sally -----Original Message----- From: Barrows, Debi Sent: Thursday, August 16, 2012 9:14 AM To: Shea, Sally Subject: FW: Settlers II Affordable Build List (06-28-2012).xls FYI - -----Original Message----- From: Traczyk, Art Sent: Thursday, August 16, 2012 9:12 AM To: 'Jacques Morin' Cc: Barrows, Debi; Engelsen, Jennifer; Jenkins, Elizabeth; Buntich, JoAnne; Weil, Ruth;-Cadrin, Arden Subject: RE: Settlers II Affordable Build List(06728-2012).xls Jacques: I respectfully do not agree with your read. The basic premise - upon which the PIAHD as well as all Chapter 40 B's stand - is that the market rate building/occupancy permits are the surety that the affordable unit will be built. Without the affordable being first in line for issuing building/occupancy permits one will get to the end of the development with the last affordable unit'have no assurances that it will ever be built or completed. I will add that the issuance of the building permits is the Building Commissioner's call and his is the last word on this. My hold on this sign-off will remain until the Commissioner communicates to me his read/understanding of the issue. Please note that in the PIAHD,provisions requires that any fraction of a unit is to be rounded up to the full number. .. Art -----Original Message----- From: Jacques,Morin [mailto:jnmorin2@comcast.net] Sent: Wednesday, August 15, 2012 3:48 PM To: Traczyk, Art Cc: Barrows, Debi; Engelsen, Jennifer; Jenkins, Elizabeth Subject: RE: Settlers II Affordable_Build List(06-28-2012).xls'= Art, , Your calculation is not correct. I forwarded to you the build ratio spreadsheet this morning that I had prepared for you early on. The special permit specifically says " affordable units shall be constructed and occupancy permits issued at the rate of one affordable unit for every four market rate 8/20/2012 Mel sage Page 2 of 3 units". What that means is that by the time_a fourth market rate building permit is issued and construction commences an affordable building permit would also have to issue followed by its construction. Additionally, by the time the fourth market permit receives its occupancy permit the affordable unit will also have had to receive its occupancy permit. That is where the assurance is that the developer builds at the rate of 1 affordable for every 4 markets built and that was fully vetted out at the permit stage. The language does not mean the developer has to take out the affordable building permit first. Lastly, you will clearly see by the chart that for Settlers II there have been 4 market building permits issued and 1 affordable building permit issued. That comports with the requirement for group one..The building permit today that was brought for planning board sign off begins group two. Under group two we are allowed 4 market rate permits followed by the requirement to construct a second affordable home with its occupancy permit issued at or before the issuance of the fourth market rate unit in group two. This was also the same build ratio for Schooner Village. You will see from those building permits issued we followed ' the same path and requirement. If you are still unsure about this then I would ask you to run the.permit language by legal. Please contact me at your earliest convenience-after your further review. Regards, Jacques Morin, Pres. Bayberry Building Company, Inc. From: Traczyk, Art [mailto:Art.Traczyk@town.barnstable.ma.us] Sent: Wednesday, August 15, 2012 2:58 PM To: Jacques Morin Cc: Barrows, Debi; Engelsen, Jennifer; Jenkins, Elizabeth Subject: RE: Settlers II Affordable Build List(06-28-2012).xls Jacques: I have taken back the sign-off on the building permit for Lot 45. My calculation and yours shows that the next permit to be issued in Settlers II must be an affordable unit. art "---Original Message----- From: Jacques Morin [mailto:jnmorin2@c6mcast.net] Sent: Wednesday, August 15, 2012 10:06 AM To: Traczyk, Art , Subject: Settlers II Affordable Build List(06-28-2012).xls Hi Art, Attached is updated Build list for Settlers IL i am on way to you for building permit sign`off for Lot 45. Regards, Jacques Morin, Pres. Bayberry Building Company, Inc. 8/20/2012 L • Message A Page 3 of 3 1 8/20/2012 i 1 i 4 ! SETTLERS LANDING Application for litComprehensive Permit Barnstable Zoning Board of Appeals ! ' Table of Contents 1. Application and Memorandum 2. DHCD Regulations 3. Compass Bank August 2 2000 Project Eligibility Letter 4. "About Bayberry Building Company, Inc." 5. Deeds to locus x Y 6. Purchase and Sale Agreement and Settlers Landing Declaration of Trust 7. John C. Klimm letter dated June 12, 2000 8. "Settlers Landing Home Disbursement" + 9. GIS Plan of neighborhood 10. Pro Forma 11. NEF Regulatory Agreement/Monitoring Services Agreement 12. NEF Deed,Rider u � � � , �� N i i 1 1 1 1 i 1� 1 1 1 M 1 1 1 1 �1 1 'For Board use only:Corn p.Perm.AppIication No. Date Rec'd. - -�- TOWN OF BARNSTABLE D '� ':"' "G SOUGHT HAS . i -. 1ZONING Zoning Board of Appeals AUG - 4 2000 L TO Town Hall. Hyannis. HA. 02601 _ --ILF GIVEN THESE c`'" TOW-- OF BARNSTABLE APPLICATION for COMPREHENSIV DOFAPPEALS (Made pursuant to M.G.L. Ch.406, Secs. 20-23C.M.R.and 760 C 30.00 & 31.00) N_te: Please submit fifteen (15) copies of pages 1 and 2 of this completed application form and 4 aii accompanying plans and documents listed in Item 19_. together with a check payable to Town Barnstable A_ (Only one (1) copy needs to be filed of documents referred to in Items 2 10ado A.. 10-A_. 14-A. and 21-A.I Use supplemental pages if necessary to provide complete information called for by any item in this application. indicating name oP applicant (Item 2.) anc name of development (Item 3.) on each such page. If an item is not applicable, please enter N/A. PLEASE TYPE OR PRINT NEATLY ALL ENTRIES_ I-Applicant(name)..TOE.C. ...... . ... (address & tel.).......!?.....�..4i�.�4..�.....!-�:�c�.......��..4��i�t:�:,��'�....:�!�:.'�.:...�?.:-�..�.O.I...................................... S"rv- '7r2 S' 8 2.Status of applicant: (check one): Public Agency _; Non-Profit Org. _; Ltd.- Dividend Org. C� 2-A-Attach documentary evidence of status. 3. Name of proposed dewelopmenL.. Se ��r C �{, 4- Type of development (check one): New construction �; Rehabilitation of existin structure(s) S. Applicant's attorney:(name).. � ....L.:. �/�'i.✓hc�,-�......... u� .................. �i rCL 73 v 1�.— (address & tel.).....�.C-z... !.!!.,.v.... .Sf.......... ±'51. .... � .....i. .. ........... ... 3r... ..... y , � � ,�,�,/.�. 3G�-y•�dG� •)� 6. Applicants archit.ect.f name)....1.V kj S{: t.......a.e.S,. h..,......t�(.L................ '7`',; �' (address & tel.)....4'?.�i!.�z.....Sf.:. ....t�. .<..m..k�:f{.��rf.,..... ►. #...:.. ?.2. .' ., .1..36.a?.'.` a'(1�L...................... 7_ Applicants engin7eer:(name)...)ci✓^... .t..... �1.!].f.0 T�.C............... .... . .......................... (address.& Lel.)....q:..y... 'lit.:n.....�:f...:,...... .. �:s,.aY ��r,t/....... ,j�.: .6 �... SJ....,.. B. Location of site by village and street(s)-C�tS. t'?.L.lC .. -4 Ca 9. Fire district and water a supplier:....a.. ..- j.,S... we,.�. . . f.. f3a �...�I.... ��.. �tfz- . tea.,.... 10_ Area of site in 6 G 11_ Assessors map & parcel nos. for site:...►.,Ue 3,, 11-AAttach cony of assessors map(s) showing parcel(s) comprising site. 12- Zoning Districts) of site ..: .C." ) eLn d r .....................3............................... . ... 13- Is elimination of any existing street(s) proposed? -A/!Q If so. give name(s): .........:... 14_ Applicants interest in site: (check one): Owner �; Option to purchase _ ; Contract to purchase.` 14-AAttach documentary evidence of interest in site. 15. Total number & type of housing units M bedrooms) prop ed:.................... ................ .._...........�.....�:�.+:.fs..j.... ....�....6�.dr..4�.•-�,�.... �'Ii....�.e.:1:a�. . .�d...s��9.�e....:���:��....�.a.. .es....... 1 .. . f............................................................................ ......................................................... ....................................................................................:..........................:.. ...................... .......................................................................................................................................... ... . . ........... ` 16_ Number & type of low-or-moderate-income housing units M bedrooms) proposed:..... ................ ...........y.... 5.....a�.... .. e�/aa•-r,J...'..... ........................................................ ....................... ..................................................................................................................................................................................... ............... .. ... :' (Rev 3/_ TOWN OF BARNSTABLE Zoning Board of Appeals Page 2 APPLICATION for COMPREHENSIVE PEF Se L :a 4'n g R ealt� 7-i v)�' �P ff�P�S La v►�.✓r q Name of Applicant Name of Development ApplicationJlo_ 17_ List of exceptions requested from local by—laws. codes and regulations: (Specify each exception with precise reference to applicable by-law, code or regulation.) ................st Q...Q..ffo.4f?P�.°h�• !:j?A e p q a(( !.''t...:................................°.............................................................. ............................................................................................................................................................................. ............................................................................................................................................. 18. List of approvals needed from other public agencies:•.°°•••°••••••° .(Identify each local, regional, state, and federal agency and specify the approval to be sought.) �' _.. /� tt c.. . . u . .1 .��.. ..e... L ...u. ...L...f... :.c..e...A7C............................. I/.O.r. !J...4�tc1.r.1. '! C.,.'kj*.L. .............................................................................................................................................................................. 19. List of accompanying plans and documents submitted as part of this application: (Identify each such plan and document by its title.) ..............................................:......................... ................................................................................... .................... ............................................... .................................................................................... .... ........................ 20_ List of supplemental pages used to provide full information called for by this application: .................... S•e q.rAi~A.�Jq(.....✓V•f'!7'f ?'1............................ ................................................................................................................................................ .. ...:.......... 21_ Subsidy agency (name and address) and fiinanwmg program (name) involved_ �.9�.flc?./....�"1 d!'7C'...L.J�l.'5... t�7�d!/.�T...Gr..... .`.S.f 4:'�... ' .N�`''/ r• /Ct't✓ ..f�C.!......... (r c r��. !!...... 44 �•"y�i ........ i ': L.'wa n. -?X. `I "9 . Ja. „r : . 0 1 ............. 21—A.Attach documentary eAence o� 'subsidy agency s determination o`rs-iee-dcceptability. 4' 3 This application for a Comprehensive Permit to buildfrehabilitate low—or—moderate—income housing is made subject to the provisions of t16L Chapter 40B. Secs. 20-23. and 760 CMR 30.0( & 31.00. Name of Applicant moo! •�.�� Date: A cs Q VJf -7 hoop Authorized Signature Typed Name of Authorized Signatory Note: If any information or documentation submitted as part of this application changes during the course of its consideration. applicant should promptly supply such changed information or documentation to the Board. making clear reference to the item, document or plan to be replaced or updated thereby. , iIPev. �/ TOWN OF BARNSTABLE Zoning Board of Appeals Page 4 APPLICATION for COMPREHENSIVE PER SP`/ 1 Pif 4PI g 2 fo .1 Q #/P/,> Gci,,yi '1 p . Name .of Applicant . Name of Development P Application.No_ ' Listing of interested parties: Enter below the names and mailing addresses of • the owners of property abutting the site (i.e. abutters). • the owners of property abutting the abutters' property; • the owners of property across the street(s) from the site. all with their corresponding map and parcel numbers according to the records in the Assessors' Office at the date of ' this application. Please type or print only. Use additional separate page and sc note if necessary. Map ......Part?Is..... ................ Name. ...... Address.: .............. Zip Code .............................. I.i??.......G. �.cc�l...:,��.J IG................................................................................................ I ......................:........... . . .. ............. .... .... .......................................................... ......................................................................................... ....I............... ............................................................................................................................................................................... ......................................................................................................................................................................... . ........:........................... i ................................................................................................................................................................................ ................................................................................................................................................................................ ................................................................................................................................................. ............................... ............................................... ........... .................................. ................... ........................ .................... ............................... .................................................................................................................................................... t .......... ................................................::: .................. ......... ..............:... ............................................................................................................................................................. . tr .(Rev. 3/ TOWN OF BARNSTABLE ZONING BOARD OF APPEALS APPLICATION OF SETTLERS LANDING REALTY TRUST COMPREHENSIVE PERMIT CASTLEWOOD CIRCLE HYANNIS 1 MEMORANDUM AND REQUEST FOR WAIVERS 1. INTRODUCTION: M.G.L. Chapter 40B, SS 20-23 ("the statute"1 This case is an application pursuant to M.G.L. Chapter 40B, Section 21 for a Comprehensive Permit for development of 56 single family houses in a residential area of Hyannis, to be connected to the Town sewer system. The housing is being developed pursuant to the New England Fund Program ("NEF")of the Federal Home Loan Bank Board of Boston. Pursuant to NEF, 25%of the houses, or fourteen(14)houses, will be sold to households whose annual incomes do not exceed 80%of the annual median income(adjusted for family size) for Barnstable County. The sale prices for the "affordable units" will be approximately$11.4,200.00; and the sale prices for the "market" houses will average $184,000.00. The Applicant Will record a Deed Rider to ' insure affordability under the above standards for at least 15 years, for the affordable units. In addition to recording the Deed Rider,the Applicant will enter into a Regulatory Agreement/Monitoring Services Agreement with the Town and with the member bank of the Federal Home Loan Bank of Boston, which such member bank will be providing the construction financing for the development. These further documents are aimed at insuring the affordability of the NEF units, as described above. 1 - Participation in NEF qualifies the housing as "low and moderate income"housing ' as defined in the statute. See Commonwealth of Massachusetts Department of Housing and Community Development("DHCD")regulations at 760 CMR 30.01, 30.02,31.01, 31.02,31.03,and 31.04("the regulations"),copies of which are submitted herewith. The statute essentially creates a state mandate to local cities and towns to allow the construction of low and moderate income housing that requires relief from otherwise applicable local requirements and regulations, including but not limited to zoning by-laws, subdivision rules and regulations,and local Board of Health and Conservation Commission regulations, when there is a substantial need for low and moderate income housing. Rather than applying to the various local boards and department for otherwise applicable permits,the applicant applies only to the Zoning Board of Appeals for a "Comprehensive Permit."A Zoning Board of Appeals can insist on full compliance with all such local requirements and regulations only if they are, in the words of the statute, "consistent with local needs." They will be considered"consistent with local needs".if they are reasonable taking into account"the regional need for low and moderate income housing considered with the number of low income persons in the city or towns affected and the need to protect the health or safety of the occupants of the proposed housing or of ' the city or town,to promote better site and building design in relation to the ' surroundings, or to preserve open space." The statute goes on, in section 20, to define certain minimal thresholds of low or I � moderate income housing that, if nQj attained in a city or town, would cause the local rules and regulations to automatically be treated as not consistent with local needs,unless � Y the town can prove that the planning,health,and safety concerns outweigh the regional housing need. The Town of Barnstable falls short of the minimum: the percentage 2 required in terms of number of housing units is 10%; Barnstable has 4.38 % (based on DHCD statistics); the percentage in terms of land area is 1.5%,which means,with Barnstable's total size of 62 square miles,or 39,680 acres,the number of acres with low or moderate income housing in the Town would have to be 595.2 acres;Barnstable has less than that; and the percentage in terms of the amount of low or moderate income housing which the proposed development would cause to be constructed in any one calendar year in the Town is more than three tenths of one percent of the Town's land area,which in Barnstable would be 119.04 acres(39,690 X 0.3%); the proposed nt i n 13.36 acres. Therefore the mandate created b development s o y the statute to create affordable housing still applies to Barnstable. In fact, when the statutory minimum is not met,there is a legal presumption that there is a substantial regional.housing need that outweighs local concerns. 760 CMR 31.07(1)(e). The Applicant believes, for all the reasons hereinafter set forth,that the project meets the standards for a Comprehensive Permit under the statute, and that it'Arill be an asset to the town and will help provide truly needed affordable family houses to first-time home buyers. 2. STANDING AND STATUS a) Organizational Status of Applicant icant In order to apply for a Comprehensive Permit,an applicant must be either a limited dividend organization,a non-profit organization, or a public entity. See 760 CMR 3 1.01 (1xa). The Applicant is a limited dividend organization,as defined in the regulations,because it proposes to build low or moderate income housing under the statute, is eligible to receive funding from the NEF member bank(which is deemed to be the subsidizing agency under NEF),and agrees to limit its return on invested equity by entering into the Regulatory Agreement referenced above. The NEF has been accepted as r 3 1 . an eligible program under the statute by the Commonwealth of Massachusetts Housing Appeals Committee, in the case of Stubom.Ltd. v. the Town of Barnstable, No. 1998- 01. In addition, Settlers Landing Realty Trust contains provisions limiting the dividend return consistent with the applicable program. Therefore,pursuant to the statute and the regulations,the Applicant is an eligible applicant for a Comprehensive Permit. b) Control of the Land li The bulk of the land is owned by Martha N. Morin. The Applicant has a Purchase and Sale Agreement to purchase said land. See copy submitted herewith. The one lot of the locus identified as Assessors Map 273, Parcel 32, is owned by Jacques N. Morin, the principal of Bayberry Building Company,Inc. and of Settlers Landing Realty Trust. It will be conveyed to said Trust upon approval of the project. Thus,the Applicant has control of the land, as required by the regulations, 760 CMR 31.01 (1)(c). c.) Site Acce tap bility As stated above,the Applicant will be developing the property under the NEF Program.. The Applicant has received a Project Eligibility Letter dated August 2, 2000 from Compass Bank the member bank of the Federal Home Loan Bank of Boston which will be providing the construction financing for the development, indicating that the project is eligible under NEF. See copy.of said letter, submitted herewith. Therefore, the Applicant fulfills the requirement of 760 CMR 31.01 (1)(b)that: "The project shall be fundable by a subsidizing agency under a low and moderate income subsidy program." See 760 CMR 31.01 (2), which states: "A project shall be presumed fundable if a subsidizing agency makes a written determination of Project Eligibility or Site • Approval." Thus,the project complies with the regulations concerning fundability by a subsidizing agency. _ 4 1 Therefore,based on(a), (b), and(c)above,the Applicant meets the jurisdictional ' requirements of the statute and the regulations and has standing before the Board of Appeals. 3. DESCRIPTION_OF THE PROJECT a.)Applicant's Background, Jacques N. Morin,the principal of the Applicant, is a long-time and respected builder and reactor in Hyannis. He has built(through his ibuilding company,Bayberry Building Company,Inc.)and sold(through his realty company,Morin Realty)many homes in Barnstable and the mid-Cape area, including the single family home development known as Bayberry Place abutting the locus in Hyannis. Mr. Morin is a long-time resident of Barnstable,and has been active in local civic affairs.' See About Bayberry Building Company, Inc. submitted herewith. b.) Physical Characteristics. The locus is a 13.36 acre site, off Castlewood Circle, Hyannis. The site is almost all in the RC-1 Residential Zoning District,with an ' extremely small portion of the northeast corner of the locus in the B Business Zoning District(near the rear of the Sheraton Four Points Hotel). The land is presently li r5 1 1 separately undeveloped. The proposal is for 6 single family houses, all on sepa ate y deeded lots ranging from approximately 6,600 sq. ft. to approximately 12,000 sq. ft. The houses will consist of eight(8)different styles, randomly disbursed throughout the site. The size of the houses ranges from approximately-1170 sq. ft. (for the small ranch style house)to approximately 1642 sq. ft. (for the large ranch style house). The other styles are - two-story houses. Every house has three(3)bedrooms, for a project total of 168 bedrooms. The houses will be of wood frame construction, with wood clapboard or shingles on the exterior. The affordable houses will be randomly distributed throughout the development. See"Settlers Landing Home Disbursement" submitted herewith. The 5 total building footprint on the site will be 67,354 sq. ft., or 11.6 % of the total site. The ' houses will be hooked up to municipal(Barnstable Water Company)water. The Applicant is requesting that the houses be hooked up to the Town of 1 Barnstable sewer system, and that permission for such hook-up be granted by the Board of Appeals as part of this Comprehensive Permit. Preliminary meetings on the sewer have been held with the Barnstable Housing Committee,Department of Public Works Superintendent Tom Mullin, and Town Manager John Klimm. By letter from Town Manager John Klimm to Jacques Morin dated June 12,2000,the Town has indicated its support for the sewer hook-up for this development. See copy of said letter submitted herewith. None of the project is within a wetlands resource area or buffer zone and there p J , are no known environmental issues. The topography is relatively flat, with excellent sandy soils, and a standard subdivision drainage system with catch and leaching basins ' (no detention basins)is proposed. A tabulation of ground area coverages for building area and paved area is submitted herewith c.) Description of surrounding area. The surrounding area is comprised of k i modest single family homes in the Castlewood Circle area, with small lot sizes that are in keeping with the proposed lots. To the,west of locus is a newer open-space residential cluster subdivision,now known as Nantucket Village at Cobblestone Landing. To the northeast of locus is the rear of the Sheraton Four Points Hotel. According to the Traffic Impact Assessment by Rizzo Associates,the Level of Service for the streets and intersections in the area are all "A", except for the intersection of Bearse s Way and Pitcher's Way, which operates at Level of Service "C"during the weekday morning peak commuter hours,and Level of Service "E" during the weekday evening commuter hours. See said Traffic Impact Assessment, submitted herewith. Also submitted herewith is a ' copy of the GIS map showing the streets, lots and buildings in the surrounding area. ` d.) Affordability ' As stated above,the 14 affordable houses will be sold to first-time home buyers under the NEF Program,whose incomes are no more than 80%of the annual average income(adjusted for family size)for Barnstable County. Presently,this means that the affordable houses can be sold at prices of about$114,200.00. The deeds to the affordable home buyers will contain the requisite Deed Rider under the NEF Program ' assuring that the homes will be sold only to eligible buyers, at the appropriate Discount Rate below fair market value, for at least 15 years. The market units, although more expensive in price,are actually"moderatel " priced, since they are projected to average 1 approximately$184,000.00. As stated above,the Applicant will enter into the appropriate NEF Regulatory } ' Agreement/Monitoring Service Agreement, which will reference the above,and also insure that the Applicant complies with the requisite limitation on profit of twenty(20%) of the development costs. See project Budget/Pro Forma, submitted herewith. The Applicant is also willing to adopt a strong Local Preference plan for the affordable houses, i.e., sell them only to Barnstable residents. This would be y implemented through a lottery process, and the Applicant would work with the Town and local non-profit groups involved in affordable housing,such as the Cape Cod Consortium, for the purchaser selection and analysis of eligibility. e.) Impacts Given the intent to hook up to the sewer system,the lack of wetlands or other environmental issues,and the conformity of the proposed development with the ` surrounding neighborhood,there are relatively few impacts on the area. The traffic i F impact has been fully assessed in the Traffic Impact Assessment described above. It finds that the proposed housing will generate approximately 48 vehicle trips during the weekday morning commuter peak hour, and 63 vehicle trips during the weekday evening peak commuter hour, and that it will result in only minor traffic increases in the area, and have no impact on the operating Levels of Service under the "Build" peak hour traffic conditions. It also indicates that the proposed site drive will operate at Level of Service "A",with little or no delay. The largest impact of this proposal will be helping to address the huge shortage of affordable housing, especially for first time family home buyers in Barnstable and all of Cape Cod. The Applicant believes that this will be a large benefit to the Town of Barnstable. 4. REQUEST FROM WAIVERS FROM LOCAL BY-LAWS, RULES AND w REGULATIONS The Applicant seeks waivers from the Barnstable local by-laws,rules and regulations, as shown on the attached Request for Waivers. The relief requested essentially involves certain waivers from the bulk and dimensional provisions of the Zoning By-law, with a minor use waiver only because a tin portion of the northeast portion of the locus is in the Business "B" zone, which does Y P not allow single family residential use. In addition,the Comprehensive Permit would allow the approval of the proposed subdivision without the need to apply to the Planning ' Board under the otherwise required Subdivision Control Law process. The roads and utilities are proposed to be built substantially in accordance with the Planning Board Subdivision Rules and Regulations, except as to the waivers requested. The Applicant also requests that waivers be granted from any requirements to apply to the Town Department of Public Works and/or Board of Health in connection t 8 - with the sewer hook-ups, and that the Board of Appeals grant all local approvals required to construct the sewer line in the development's roads,to connect to the existing sewer, and to hook-up the new houses to the sewer system. ' The Applicant further seeks waivers from any requirements for paying for any ' fees related to the development of this project, including but not limited to fees for building permits,Department of Public Works and/or Board of Health permits,and the filing fee of$5600.00 to the Board of Appeals; and from.any requirement to post a bond or cash or covenant in connection with the road and utility development; and further, the Applicant asks that the Comprehensive Permit be issued in lieu of all of the . aforementioned permits, inclusively. The applicant also seeks waivers from the applicability of such other sections of the Zoning By-laws,Planning Board Rules and Regulations, and/or such other local by-laws, rules and regulations that would otherwise be applicable to this development. _ CONCLUSION This proposal is the result of the Applicant's effort to come up with a housing ' development that is economically feasible while still providing affordable for-sale housing under NEF. It is a proposal that is compatible with the neighborhood, is not harmful to the environment,and will provide much needed affordable housing to first time family home buyers. Balancing the planning need of the Town versus the housing ' need,the development clearly merits approval. For all of the above reasons,the . 9 • Applicant believes that the Board of Appeals should grant the relief requested and issue the Comprehensive Permit pursuant to the application. ' See"List of Documents Submitted with Application", attached hereto. ' Respectfully submitted, Settlers Landing Realty Trust ' By its attorney, Dated: August 3,2000 Peter L. Freeman 86 Willow Street Yarmouthport,MA. 02675 508-362-4700 FAX: 508-362-8281 i 1 1 4 . 10 u REQUEST FOR WAIVERS 1. Zoning By-law Section 2-3: Applicability of District Regulations Section 2-3.1: Conformance to Use Regulations Section 2-3.2: Conformance to Bulk and Yard Regulations Section 2-3.3: Lot Size Requirements Section 2-3.4: Lot Shape Factor/Residential Districts Section 3-1.4 (5) Bulk Regulations Lot Size -43,560 sq. ft. -reduce to minimum of 6,600 sq. ft., plus or minus Frontage- 125 feet- reduce to minimum of 28 Gfeet Front yard-30 feet-reduce to minimum of 25 feet. Side yard- 15 feet-reduce to minimum of 8 feet Rear yard- 15 feet Section 3-3.1(J) No single family structures allowed in a B District Section 3-5.2 Groundwater Protection Overlay District ' Section 5-2.1 Performance Bond s 2. Planning Board Subdivision Rules and Regulations Waivers from: ' Entire application process for filing Preliminary and/or Definitive Subdivision Plans Environmental Analysis Form Prohibition of dead end streets longer than 750 feet in length 11 Requirement of Sidewalks Requirements for bonds and/or cash and covenants . , Certain drainage requirements- see list attached 3. Department of Public Works All sewer connection/extension/hook-up requirements. i 1 1 . i 1 1 1 . . r 1 12 SETTLERS LANDING: REQUEST.FOR WAIVERS Town of Barnstable Planning Board Subdivision Rules and Regulations 1, Section 4-2.3 1 Dead End Streets- Length of dead end street greater than 750'. (1400' requested) and waiver from no dead ends >750 for more than 25 dwelling units. 2. Section 3-1.3 4 Access Roads- Waiver from requirement of more than one access road with subdivision of more than 50 dwelling units. (56 dwelling units proposed) 3. Section 3-2.1 Environmental Analysis Form-Request waiver for completion of EA form, which is required for more than 10 dwelling units. (56 dwelling units proposed) 4. Section 4-3.3 9 Storm Drains-Request waiver of requirement for 100-yr.storm overflow areas. Proposed drainage system will recharge 25 year storm rather than 10 year recurrence interval storm required for Minor A roadway. 5. Section 4-5.2 Sidcwalks-Request waiver for no sidewalks on Minor A road. TABULATION ATION OF GROUND AREA COVERAGES Total site area: 582,020 sq. ft. Building coverage: 67,534 sq. ft. = 11.6 % Road pavement and driveway coverage: 79,647 sq. ft. = 13.7% 1 :Total site coverage: 147,181 sq. ft. =25.3 % Total open space(woods,yard area): 435,019 sq. ft. =74.7% 1 1 1 ' 13 I f� 1 . LIST OF DOCUMENTS SUBMITTED WITH APPLICATION Attached to Memorandum: 1. DHCD Regulations 2. Compass Bank August 2, 2000 Project Eligibility Letter, 3. About Bayberry Building Company, Inc. 4. Deeds to locus 5. Purchase and Sale Agreement and Settlers Landing Declaration of Trust. 6. John C. Klimm letter dated June 12, 2000 7. "Settlers Landing Home Disbursement" 8. GIS Plan of neighborhood 9. Pro Forma 10. NEF Regulatory Agreement/Monitoring Services Agreement 11. NEF Deed Rider Not attached to Memorandum: 12. Building Elevations and Floor Plans 13. Subdivision Plan-Down Cape Engineering, Inc. 14. Site and Utility Plans-Down Cape Engineering, g, Inc. 15. Traffic Impact Assessment-Rizzo Associates 16. Abutters List 14 1 �, �i ' 2 �• Notes 2 760 CMR: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT-HOUSING APPEALS'COMMITTEE been no evaluation of the law's'effectiveness since its inception in 1969. The necessity for an overall analysis of the law was apparent especially in light of the legislation that had been sponsored to address specific aspects of the law, not the law in its entirety." (p. 11) "Overall, the Commission received very positive testimony regarding the need for c. 774 comprehensive permits with [the] exception of a few testifying. Most everyone agreed that without c. 774 there would be no affordable housing production in the Commonwealth and that efforts to weaken the law should be discouraged." (p. 20) The Commission recommended no changes in the statute, but made nearly fifty specific recommendations for programmatic and regulatory changes which "received unanimous, bipartisan Commission approval on March 10, 1989." (p. 21) "The Commission's recommendations reflect the,need... to foster local initiative responses for the production of affordable housing. Thee goal of these changes is to increase the stock of affordable housing in all communities in the Commonwealth while, respecting the individual needs of eack community. The recommendations allow responsive municipalities to shape the means of production of affordable housing within its (sic) own borders and to have greater control in the comprehensive permit process without discouraging development." (p. 28) As a result of the recommendations, regulations creating the Local Initiative Program and concerning Community Participation in Subsidized _ Housing Development were promulgated by the Executive Office of Communities and Development. Though these regulations (760 CMR 45.00 and 46.00, respectively) are not regulations of the Housing Appeals Committee, they are sufficiently related that reference to them may be useful. (4) Under this Act, the municipal zoning board of appeals is given unique powers to carry out the directives of the General Court, and is authorized to give effect to such regulations and requirements on the construction of such housing as are consistent with the purposes of the Act, but no others. When a board of appeals denies an application for a comprehensive permit under this Act or imposes conditions on the permit which would make the development uneconomic, then eligible applicants for permits to construct such housing may appeal to a Housing Appeals Committee in the State Department of Community Affairs. Said Committee is authorized to sustain or reverse the action of the local board of appeals and may order a permit to issue subject to conditions appropriate to the purposes of the Act. All petitions for review of the actions of a local board are to be heard by the Housing Appeals Committee in accordance with rules and regulations established by the Commissioner of the Department of Community Affairs as required by the Act. 30.02: Definitions As used in 760 CMR 30.00 and 31.00, except as otherwise required by the context: (a) Adiudicatory•proceedingkshall be as defined in M.G.L. c. 30A, § L (b) Board shall mean a local Hoard of Appeals established by M.G.L. c. 40A; § 14: (c) Committee means the Housing Appeals Committee, also referred to as "H.A.C. (d) Department means the Massachusetts Department of Community Affairs within the Executive Office of Communities and Development, as established . and existing pursuant to M.G.L. c. 23B and c. 6A. (e) Housing need means the regional need for low and moderate income housing considered with the number of low income persons in-a city or town. (f) Limited Dividend Organization means any applicant' which proposes to sponsor housing under M.G.L. c. 4013; and is not a public agency; and is eligible to receive a subsidy from a state or federal agency after a.. comprehensive permit has been issued and which, unless otherwise governed '- ' by a federal act or regulation, agrees to limit the dividend on the invested equity to no more than that allowed by the applicable statute or regulations 'governing the pertinent housing program. 1/4/91 2 v 760 CMR: DEPARTMENT OF HOUSING AND CCOMMUNITY DEVELOPMENT'-HOUSING APPEALS COMIvIITI'EE (g) Local board means any local board or official, including, but not limited to any board of survey; board of health, planning board; conservation commission; historical commission; water, sewer, or other commission or district; fire, police, traffic, or other department; building inspector or similar official or board; city council or board of selectmen. AU boards, regardless of their geographical jurisdiction or their source of authority (that is, including boards created by special acts of the legislature or by other legislative action) shall be deemed local boards if they perform functions usually performed by locally created boards. (h) Local concern means the need to protect the health or safety of the occupants of proposed housing or of the residents of the city or town, to protect the natural environment, to promote better site and building design in relation to the surroundings, or to preserve open spaces. (1) Local requirements and regulations mean all local legislative, regulatory, or other actions which are more restrictive than state requirements, if any. (j) Low income persons means all persons who, according to the latest available United States Census, reside in households whose net income does not exceed the maximum income limits for admission to public housing, as established by the Department. The Department's calculation shall be presumed conclusive on the Committee unless a party introduces authoritative data to the contrary. Data shall be authoritative only if it is based upon a statistically valid, random sample or survey of household income conducted in the relevant area since the latest available U.S. Census. (k) Low or moderate income housing means any units of housing subsidized by federal and/or state government and/or local housing authority under any program to assist the construction or substantial rehabilitation of low or moderate income housing, as defined in the applicable federal or state statute or regulation, whether built or operated by any public agency or non-profit or Limited Dividend Organization. No unit of housing under the federal leased housing program or a state rental assistance program or any housing allowance program shall be considered to be low and/or moderate income housing unless such unit is constructed or substantially rehabilitated under a state or federal housing subsidy program in addition to the subsidy-provided through leased housing, state rental assistance, or housing allowance program. The procedures in 760 CNIR 31.04 further define low or moderate income housing for purposes of determining whether the city or town has met any of its statutory minima. p) Open spaces means land areas, including parks, parkland, and other areas which contain no major structures and are reserved for outdoor recreational, conservation, scenic, or other similar use by the general public through public acquisition, easements, long-term lease, trusteeship, or other title restrictions which run with the land. (m) Parry shall be as defined in M.G.L. c. 30A, § 1. (n) Public housing means housing owned, operated, or managed by a local housing authority, or leased under the auspices of a local housing authority. (o) Subsidy means the grant, through a federal or state housing program to assist the construction of low or moderate income housing, including a local housing program approved by the Executive Office of Communities and Development, of direct financial assistance; of indirect financial assistance oinsurance, u antees or other means• of in kind assistance; of through guarantees, , !� 8 • technical assistance; or of other supportive services. This definition conforms to the legislative intent expressed in the Report of the Special Commission Relative to the Implementation of Low and Moderate Housing Provisions (1989), and includes assistance through the Local Initiative Program, 760 CMR 45.00, and similar programs. (p) Subsidizine agency means any agency of state or federal government which subsidizes the construction or substantial rehabilitation of low or moderate income housing and any housing authority acting pursuant to M.G.L. c. 12113, § 26(m). f 760 CMR: DEPARTMENT OF HOUSING AND COMMUNfrY DEVELOPMENT-HOUSING APPEALS COMIVI=E 760CMR 31.00: HOUSING APPEALS COMMITTEE: CRITERIA FOR DECISIONS UNDER M.G.L.c. 40B, §§20-23 Section 31.01: Jurisdictional Requirements 31.02: Local Action Prerequisite 31.03: Changes in Applicant's Proposal 31.04: Computation of Statutory Minima 31.05: Scope of the Hearing 31.06: Burdens of Proof 31.07: Evidence , 31.08: Decision and Appeal 31.09: Enforcement 31.10: Revocation of Outstanding Regulations 31.01: Jurisdictional Requirements (1) To be eligible to submit an application for a comprehensive permit or to file'or maintain an appeal before the Committee,the applicant and the project shall fulfill the following Jurisdictional requirements: (a) The applicant shall be a public agency,a non-profit organization,or a limited dividend organization. (b) The project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program. (c) The applicant shall control the site: (2) A project shall be presumed fundable if a subsidizing agency makes a . written determination of Project Eligibility or Site Approval. Thereafter,the project shall be considered fundable unless there is.;sufficient evidence to determine that the project is no longer eligible for a subsidy. (3) Either a preliminary determination in writing by the subsidizing agency that the applicant has sufficient interest in the site, or a showing that the applicant,or any_ entity fifty percent or more of which is owned by the applicant,owns a fifty pei=cent or greater interest,legal or equitable,in the proposed site, or holds any option or contract to purchase the proposed site, shall be considered by the Board or the Committee to be conclusive evidence of the applicant's interest in the site. . (4) A determinationof Project Eligibility or Site Approval shall be for a particular financing program. A change in the program under which the applicant plans to receive financing shall require a new determination,and may be deemed a substantial change pursuant to 760 CMR 31.03. An applicant may proceed under alternative financing programs if the application to the Board or appeal to the Committee so indicates and if full information concerning the project under the ! alternative financing arrangements is provided. 1 (5)`Failure of the applicant to,fulfill any of the requirements in subsection(1') may be raised by the Committee,die Board, or a parry at any time, and shall be cause <.k ' for dismissal of the application or appeal. No application or appeal.shall be dismissed,however, unless the applicant has had at least sixty days to remedy the failure. 31.02: Local Action Prerequisite (1) In order to appeal to the Committee,an applicant shall have applied to the Board for a.comprehensive permit in accordance with M.G.L. c.40B, § 21 and shall have been denied such permit or shall have been granted such permit with conditions which it alleges make the building or operation of such housing uneconomic. (2) ;In order to appeal to the Committee,the applicant shall have submitted to the ' Board an application and a complete description of the proposed project. The items h Misted below will normally constitute a complete description. Failure to submit a , 3 particular item shall not necessarily invalidate an application. Upon motion by either -parry during an appeal, the Committee may determine whether such item-,or any r ' 1/4/91 1 1 3 � 760 CMR: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT-HOUSING APPEALS COMMITTEE (c) alternatively, in either case, the conditions would result in a subsidizing agency refusal to fund. See 760 CMR'31.07(1)(f). (4) In the case of either a denial or an approval with conditions, the applicant may prove that local requirements or regulations have not been applied as equally as possible to subsidized and ttnsubsidized housing. The applicant shall have the burden of proving such inequality. 1 Board's Case (5) In any case, the Board may show conclusively that its decision was consistent with local needs by proving that one of the statutory minima described in 760 CMR 31.04 has been satisfied. The Board shall have the burden of proving satisfaction of such statutory minima. (6) In the case of denial, the Board shall have the burden of proving, first, that 1 there is a valid health, safety, environmental, design, open space, or other local concern which supports such denial, and then, that such concern outweighs the regional housing need. } (7) In the case of an approval with conditions in which the applicant has presented . evidence that the conditions make the project uneconomic, the Board shall have the. burden of proving, first, that there is a valid health, safety, environmental, design, open space, or other local concern which supports such conditions, and then, that such concern outweighs the regional housing need. , (8) In the case of either a denial or an approval with conditions, if the denial or conditions are based upon the inadequacy of existing municipal services or infrastructure, the Board shall have the burden of proving that the installation of services adequate to meet local needs is not technically or financially feasible. Financial feasibility may be considered only where there is evidence of unusual „ topographical, environmental, or other physical circumstances which make the installation of the needed service prohibitively costly. Applicant's rebuttal (9) In the case of a denial or an approval with conditions, the applicant shall have the burden of proving that preventive or corrective measures have been proposed which will mitigate the local concern, or that there is an alternative means of protecting local concerns which makes the project economic. 31.07: Evidence (1) Presumptions. The following shall be rebuttable presumptions: _ (a) Fundability/Project Eligibility or Site Approval - See 760 CMR 31.01(2). (b) Site Control - See 760 CMR 31.01(3). (c) Housing Unit Minimum/Subsidized Housing Inventory - See 760 CMR 31.040)(a). .. F (d). .Consistency with local needs/Certificate of Performance - Where a municipality has received Certification of Performance, a Board decision made pursuant to the Housing Development Action Plan approved by the Executive Office of Communities and Development shall be presumed. consistent with local needs. See 760 CMR 46.09. (e) Regional housing need/Statutory minima - Proof that a town has failed to ' satisfyone of the statutory a de 760 CMR 31.04 1 and 2 st to ory minima described to O ( ) shall create a presumption that there is a substantial regional housing need which outweighs local concerns. Board of Appeals of Hanover v. H.A.C., 363 Mass. 339, 367, 294 N.E.2d 393, 413 (1973). (f) Uneconomic/Agency refusal to fund - Proof that the subsidizing agency t. C will not fund the project because of a condition imposed by the Board, that the �applicarit has requested a waiver of the'subsidizing agency requirement that leads to this result, and that the subsidizing agency has denied a,waiver, shall - be conclusive evidence that the condition of the Board makes the project _ ' uneconomic. 1/4/91;.,. w 16 µT t 3 M i i 1 1 1 1 i r Notes RUG-04-2000 08:54 COM,PRSS CRPE LEND 508 833 ?314 P.01i02 @&mpssBat*. August 2, 2000 Jacques Morin Bayberry Building Co., Inc., 300 Bearses Way Hyannis, MA 02601 Dear Mr. Morin: I am pleased to provide you with this letter expressing our interest in your application for sin the Federal Home Loan Bank of Boston New England Fund for construction loan financing using � the development of a 56 unit affordable housing development project off Castlewood Circle, Hyannis,Massachusetts. You indicate that this project will be developed specifically for providing affordable housing and that you will conform to the requirements of the N1:F Progriun as follows: 1. Twenty-five percent of the fifty-six homes(I4)will be sold to households earning no more than eighty percent of the Barnstable County medium income adjusted for household size according to the latest published Income Limits in the Federal Register. 2. Those fourteen affordable homes will be sold at a price which enables that income eligible household to pay no more than thirty percent of its gross income for mortgage payments, property taxes and insurance. 3. The affordable homes wilt remain affordable for the fifteen years and resale restrictions will be governed by the regulatory agreement used under the NEF Program and by Deed Riders attached to each affordable home. - 'n r h I have visited the site and find it compatible for the residential use bet proposed and that the use mp g p P will be eligible for NEF financing. The preliminary housing designs as submitted appear to be acceptable for the markets being targeted and the affordable homes, as designed on the plan appear appropriately scattered among the various building lots located within the subdivision. In addition the size and appearance of these homes do not create any low income housing"stigma" from any observations of the general public- 100 Old Kings Highway,P.Q.Box 959,Sandwich,MA 02563 (508)88R-0026 www.compassbank.com i , AUG-04-2000 08;55 COMPASS CAFE LEND 508 833 7314 P.02i02 The preliminary development proforma appears to be in line with the cost for completing a development of this type in this location. However, once the project has been approved under Chapter 40B, all other permits are in place,you will be required to submit to the Ba&a detailed cost estimate and complete drawings and specifications of the project. Your proforma also assumes the required number of affordable homes and projected sale prices will conform with the NEF Program. Finally, your estimated profit of 4.60%falls within the 201/6 range allowable under Chapter 40B for sales projects. Once your proposed project is deemed eligible under the requirements of the NEF Program and subject to all approvals and all permits are in place,we would be pleased to process a loan application in conjunction with the Cape Affordable Housing Loan Consortium for the construction financing of your 56 unit affordable housing development project off Castlewood Circle,Hyantlis,Massachusetts. Please feel free to tali me if you have any questions.' Sincerely, G. St hen Cody, Regional Vice Pre ' ent f /hs i TOTAL P.02 i 1 1� 1 1 i , 1 1 i i 1 t 1 1 1 1 1 - - 1 1 1 _ 1 - 1 i About Bayberry Building Company, Inc. i Bayberry Building Company, Inc. is owned by Jacques N. Morin of Marstons Mills, Massachusetts. The primary focus of the Company is the construction of quality custom built homes on attractively landscaped lots. Mr.Morin was born and raised on the Cape and has continually resided here for the past forty two years and is fully familiar and engaged with the the community in which he resides. Mr.Morin has owned and operated Morin Realty& Associates for the past twenty one years and has continually been a member of the Cape Cod Board of Realtors and Multiple Listing Service. For the past nine years Mr.Morin has concentrated his real estate efforts as a custom builder as Bayberry Building Company, Inc. He developed and completed Bayberry Place Development which consists of twenty eight custom homes on eighteen acres adjacent to the subject property. Mr.Morin has subdivided smaller subdivisions and has built on many other lots in the mid-cape area. iAdditionally,Mr.Morin has been quite involved in his community and enjoys the interaction at the municipal level. For the Town of Barnstable, he has served on the Barnstable Town Council, the Zoning Board of Appeals, the Finance Committee,the Towns Appointments Committee, the Land Bank Committee and is currently serving on the Shellfish Committee, the Smart Growth Committee and the Hyannis Main Street Waterfront Historic Commission. Bayberry Building Company,Inc. is expected to continue on as a growing concern well into the next decade developing, building and selling real estate. Sincerely,. ~ 1 Jacques N. Morin,President Bayberry Building Company, Inc. 1� 1 1 1 1 1 5 N �• 1 • 1 1 -- 1 1 N -- 1 1 1 1 1 CONFIRMATION COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT In the matter of the complaint of Martha M. Morin for confirmation without registration of title under the provisions of Chapter 185 of the General Laws (Ter. Ed.) numbered 43053 after consideration, the Court doth adjudge and order that on April 26, 1996, at 10 o'clock a.m. said Martha M. Morin of Barnstable, in the County of Barnstable, and Commonwealth of Massachusetts was the owner in fee simple of that certain parcel of land situate in Barnstable in the County of Barnstable, and Commonwealth of Massachusetts,bounded and described as follows: Northerly by land now or formerly of Allan F. Jones, three hundred thirty and 151100 (330.15) feet; Easterly by lands of sundry adjoining owners, twenty hundred seventy-two and 78/100 (2072.78) feet; Southerly by land now or formerly of Cobblestone Landing, Inc., ' three hundred thirty (330.00) feet; and Westerly by said land now or formerly of Cobblestone Landing, Inc. and by land now or formerly of Bayberry Place Residents Association, Inc., twenty hundred seventy-two and 13/100 (2072.13) feet. Said land is shown on a plan drawn by Cummaquid Survey Inc., . ' Surveyors, dated December 4, 1993, filed in the Land Court, a copy of a portion of which . will be filed at the Registry of Deeds with the copy of this judgment. t Said land is subject t to the easement set forth in a grant made by Alfred Crocker to The Southern Massachusetts Telephone Company (now Bell Atlantic), dated ' February 4, 1914, duly recorded in Book 326, Page 385. H -2- 43053 ' Conf -B J Said land is also subject to any of the encumbrances mentioned in section forty-six of said Chapter which may be subsisting: The above described land is subject to a mortgage given by Allan F. Jones to Hyannis Co- operative Bank, dated February 18, 1965, duly recorded in Book 1289, Page 458; and to a tax taking by Town of Barnstable, dated October 9, 1990, duly recorded in Book 7320, Page 133. 1 I , PETER W. KILBORN Witness, �� {���, Chief Justice of the Land Court at Boston, in the County of Suffolk, 1 the ninth day of March i Y , in the year nineteen hundred -and ninety—nine. Atfpst with fhli seal of said-Court. CHARLES W, TROMBLY,JR. SEAL ^� [ Recorder A TRiIE COPY,Attest with the seal of said Court. l!" ! �/ ecord r BARNS ABA REG1'TR Y OF DFBD �p5/B'l2943 1::86 7757526 ... .. llfi+-ab-:999 iS i2 P ri1J�Ov PAGE ec SK12i?57 FGja42 r a7031 re 02242 YN mill Y, J ROi,�i[i, r'ruocaa of 110 Castlw+avr! Ci svle amain" Trutt. �� uAdats Otvlaratioa of Srust daYsd Onto r 14, 9�D, remx**d with a aernstshle ps County Rgletry of D04da to 8"IL laic, pa 11, navlAq . a SAULAT addsera af.210 ThorAtoA Ux1Va, �yeaAis, x4foachusetto, '• A?f01 - a...ri.D t � orla,,: A in of tTGgT -ST T ip sM DQI100 AG�s�as 1ti86 000.pa OI At to JWQ= **TV, of 308 Uaress play, �yeikl�a, ttasaaohuaatta, 1 Is ' vjth qult0241a covenants Tho laAd, to6ethor with the buildings tMW#0h, situates to 7►arl►rt:aDle sya�snis), aasr.Ntabia C�1iitY, MA900,01Metts, mouWad and i � 4+e�dxib+d as ivllaws�t 1 Hinp shown +a UM 122 GoatsibLaq 9,578 square feet, on a plea' sAtitlsd "caatlwpod Perk" 6ubdlvieloA rlan o! L&44 is (9ysitt3i0),aarnscRAlR Ceti�tty, IwaP., coals 1� • 60" NovstaDpr� 1966, Nerctr EngiaOariaq CosF., iauth Tam"th, µ 40., which seid plait to drill►seeardad with the aerpstabla CaW►ty layistt:y 91; Asada LA Plan Book is7, rage 97. Par title, ass deed roaardad i A book 1330, page a e go. F, fJ W„W G ^ ; � CALLED J 33 e5107i1595 11:94 1767626 iERN90D VI.-RDY Fes, BF Krr-06-19s9 15113 BF,1225�' PG242 P' a7Gt3 jzScoouted of it goatee instsuaeAt this day of 1lp0. i � CWA�1t�A.VtB OE' O�fihCAWisi"Z8 Aarnstials, ss. lfsY 7, 1999 fttn psreaft^11Y a aped the s}wr*-nom" .7"Wo xalovia, 1 Srusttt as tiersisid, t" 409 wltdwd 04 f wimWo .w xo bs his. Zss act tr►d dood on Oadalt of 340 Castlewood CiralA Fomias* r�s•;.. . bolero me, �.X,vxL IQr cosanission *xpires: :.��•,/ �� � �i3 .r �. My ComnlWon Eacplred JwL 22.2004 •,..NC�'�. n ... • "9t 's 1 , , i . t t R . t f 1 1 1 i � 1 1 1 � s r 1 1 1 1 1 r Notes ---------- ' STANDARD FORM From the Office of: PURCHASE AND-SALE AGREEMENT This 3 day of August 2000 ' 1. PARTIES... Martha ]__.]farim_of-:360 Bearses Way,- H-yannis, MA 02601 AND MAILING ADDRESSES hereinafter calfed-ffie SELLER,agrees-to.SELL and Jacques_tom_Morin,_ Trustee of Settlers Lancringg Realty Trust, 1 (fffin) under declatation of trust dated August 3, 2000, hereinafter called the BUYER or PURCHASER,agrees to BUY,upon the terms hereinafter set forth, thefoll-owfng d-escnTied-premises: The land-- on Castlewood Circle, Hyannis, 1 �I � MA. ,_. known as assessors. map-. 7-73_,-- Parcel- t2"2; for sellers Z. title see deed recorded in Barnstable -Registry of Deeds in (fDin and include Book 12119, Page 311. title reference) 3. BUILDINGS, ' STRUCTURES, thereon, res belonging_to the SELLER and used in connection therewith including,if IMPROVEMENTS, any,all wall-to-wal ery rods,automatic garage doocopeners,venetian blinds, FIXTURES window shades,,screens, screen windows and doors,awnings, shutters,furnaces, heaters, heating equipment, stoves,ranges,of Imo} Hers and fixtures appurtenant thereto, WiffOF e) hot wafer heaters,.plumbi-and 6athr�fi-xtures, efebtric and other lighting fixtures, mantels, outside television antennas, fences, gates,trees,s WIL and, ONLY IF BUILT IN, refrigerators, air conditioning equipment, ventilators, dishwashers, was ivacant land 4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, 6qw- or to the nominee desfgnatedby_thaBUNEELby-2v i P^nn�to_twSELLt=R at least seven •.Inchide here by specificdays before the deed is to be-delivered as herein provided,and said deed shall reference any restric- convey a good-and-clear record-and-marketable Me.thereto,free from encumbrances, except. ' tions, easements,rights (a) Prow`siong-of-existing Guifding anfizo�ng ruirs; and-obligatibns irrparty (b) of written agreement; we# -nofincluded-i-W (c)- Such-taxesfar-the-themcurrent_year- on the date of the delivery of leasesrmunicipal.andi_. such deed; other fens, other encum (d) Any liens for municipal betterments assessed after the-date-of-this agreement; b § W. Easements, restrictions and reservations of`record, if any, so long as the same do not pro- vision to protect hibit or materially interfere with the current use of said premises; as single SELLER against BUYER's "(f) family residences. breach of SELLER's ' covenants in leases, where necessary. S PLANS- lfsafd deed-refers to a-pfan-necessary-to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration. REGISTERED rn.addition.to.ft foregoing,.ifVw We tosaid7premisesis-registered, said deed shall be in form TITLE sufficient to entitle the BUYER to a Certificate of Title of said premises,and the SELLER shall deliver withsaid-deed all instruments,i any,-necessaryto-enable the BUYER to obtain such Certificate of Title. 7. PURCHASEPRTCI= TFe agreedpurcfiase price for said premises fs 9--even hundred eighty thousand (� ($-780-,'0f}0-.00-} dollars,of which. allowed to write out the amounts if $ 10, 000.00 have been paid as a deposit this day and desired $ 7T0_;.660-�IU'.are.tobe-{paid-afthe time_of_defiueri-of tt,P in cash,-jorby__.. certified,cashier's,treasurer's or bank check(s). 780, 000.00 TOTAL - COPYRIGHT-0-1979,1%4T 986 1987 498E-,1991 /tmrighte reserved.-Thisforrtrmaynotbe copied or repmkiced in whole r'REATERBOSTO _ without the prior express written Rev.1 W9 Form No.fM76 OPPORTURiii consent of the Greater Boston Real Estate Board. cm 6.0 8" I IMEFOK Such deed into be delivered-at 10 o'clock A M.on the 15 day of PERFORMANCE; November 2O-Oa ,atthe- Barnstable DELIVERY OF A DD(ffi—InT Registry of Deeds, unless.ofmwise.agreed upon in writing. It is_agreed-that time is of the essence of this agreement. 9. POSSESSION AND Full possession of said premises free ofafftenantsand occupants,except as herein provided,is CONDITION OF to be delivered at the time of the delivery of the deed, said premises to be then(a)in the same PREMISE" condi5on as they now are; reasonabre use and-wear,thereof excepted;and(b)not in violation of said (atteeh-a btof _ building and zoning lawgn e_ d(41ri-compliance with_I rbpyi". ment referred to in clause ' exceptions,-if any) 4 hereof. The BUYER shall be entitled to personally enter said premises prior to the delivery of the deed in order-to determine whether the condifin thiereof complies wi"e terms of this clause. 10. EXTENSION TO If the SELLER shall-be unable to give tale or to make conveyance,-or to deliver possession of the PERFECT TITLE premisesall as herein stipulated,or if at the time of the delivery.of the deed the premises do not OR MAKE conform with the provisions hereof, PREMISES CONFORM Hess the SELLER elects to use reasonable efforts to remove any_defects in titre,onto detrverpossession as provided-herelh,or to make the said ' premises conform to the provisions hereof,as the case Wo cammay be,in which eventMW the time for performance hereof shall be extendedfor a period of thirty days. but_in_.no event shall Seller be obligated to spend more than $2000.00 pursuant hereto ' 11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, PERFECT TITLE deliver possession, or make the premises conform,as the case may be,all as herein agreed,or if at OR MAKE anytime during the period of this agreement or any_extension thereof,the holder of a mortgage on PREMISES said premises shall refuse to permit the insurance proceeds, if any,to be-used for such purposes,then CONFORM, etc. any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12. BUYER's The BUYER shall have the election,at either the original or any extended time for performance,to ELECTION TO accept such title as the SELLER can deliver to the said premises in their then condition and to pay ACCEPT TITLE therefore the purchase price without deduction, in which case the SELLER shall convey such title, except that in the event of such conveyance in accord with the,-provisions of this clause, if the said premises shall have been damagedl fire-or 1 casualty..insured against,then the SELLER shall;unless the SELLER has previously restored the premises to their-former condition, either (a).. pay over or assign.to the BUYER,on delivery._of the deed,all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any.partiaLrestoratio nor- 1 (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned,give to the BUYER a credit against the purchase price,on delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for.an partial restoration. 13. ACCEPTANCE The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be OF DEED a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof,to be performed after the delivery of said deed. 14. USE OF To enable the SELLER to make conveyance as herein provided,the SELLER may,at the time of MONEY TO delivery of the deed,use the purchase money or any portion thereof to clear the title of any or all CLEAR TITLE encumbrances or interests,.provided that all instruments so procured are recorded simultaneously with the delivery of said deed. 15. INSURANCE Until the delivery of the deed,the SELLER shall maintain insurance on said premises as follows: *Insert amount Type of Insurance Amount of Coverage (fist additional types of insurance (a)Fire and dendedCoverage *$N/A and amounts as (b) agreed) 16. ADJUSTMENTS selleated , (fist-opereting-ex- -taxes fbr the then can eM fiscal Fense" 1S�or- year,shall be a portioned as of the day of performance of this attach schedule) agreement be net amount thereof be added to or d-ed-ucted from,-as the case may be,the ablebythe BUYER W. PerAentepolikv v i s 17. ADJUSTMENT If the amount of said taxes is not known at the time of the delivery of the deed,th shall be OF UNASSESSED apportioned on the basis of the taxes assessed for the preceding fiscal year,with a reapportionment AND as soon as the new tax rate and valuation can be ascertained;and, if the taxes which are to be 1 ABATED TAXES apportioned shall thereafter be reduced by abatement,the amount of such abatement,less the reasonable cost of obtaining the same, shall be apportioned between the parties, provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 18. BROKER's FEE (fill in fee with is a SELLER to dollar amount or ' percentage;also name of Brokerage the Broker(s)herein, but if the SELLER pur the terms of clause 21 hereof retains the deposits Snn(s)) made hereunder by the BUYER, said Brokers)sha b, ad to receive from the SELLER an ' amount equal to one-half the amount so retained or an amo to the Brokers fee for professional services according to this contract,whichever is the,less 19. BROKER(S) The-Broker(s)named herein WARRANTY sous (Win name) 20. DEPOSIT All deposits made hereunder shall be held in escrow by seller's Attorney (fill in name) as escrow agent subject to the terms of this agreement and shall be duly accounted for at the time for performance of this agreement. In the event of any disagreement between the parties,the escrow agent may retain all deposits made under this agreement pending instructions mutually given in writing-by the SELLER and the BUYER. The escrow shall be held in an interest bearing account. Interest shall fo1119w the deposit. 21. BUYER's If the BUYER shall fail to fulfill the BUYER's agreements herein,all deposits made hereunder by the DEFAULT; BUYER shall be retained by the SELLER as liquidated damages DAMAGES , and said deposit so retained shall be Seller's sole and exclusive remedy both at law and in equity. 27. RELEASE-BY- The SEE .spouse hereby-agrees to join in said.deed andto rel-ease and convey all statutory and HUSBAND OR other rights and interests in said premises. WIFE 23. BROKER AS -F�vka,M- named li.aii.Jahr(s)I..this eg WIWI It-111 Id bow,I re�b)a Fro,ty I itm ate,I,isafat awarl" PARTY , 24. LIABILITY OF if the SELLER or BUYER executes this agreement in a representative or fiduciary capacity,only the TRUSTEE, principal or the estate represented shall be bound,and neither the SELLER or BUYER so executing, SHAREHOLDER, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or BENEFICIARY, etc. implied, hereunder. 25. WARRANTIES AND The BUYER-Acknowledges that tie.BUYER has-not-been-nffuenced to enter-into this transaction nor REPRESENTA- has he relied upon any warranties or representations not set forth or incorporated in this agreement or TfONS7 previousty made in writing,.-excaptfortie folfbwing.addr6orsal.warantles and representations, if any, (fill in);if none, made by either the SELLER or the Broker(s): state"none;if any fisted,indicate by whom each war- anty or represen- tation was made 28. MORTGAGE CONTINGENCY stitutional mortgage loan of s at prevailing CLAUSE- rates;terAw If-desp1Wthe-BU[YER's-diligenc efforts acormitmentfor such loan (omd iff not cannot be obtained on or 2 0 the BUYER may terminate V _ provided for this agreement by written notice to the ' or the Broker(s),as agent(s)for the SELLER, in offer to prior to tfie.expiration of such time,xvhereupon any de under this agreement shall be Purchase) forthwith refunded and all other obligations of the parties hereto nd this agreement shall 6e void without recourse to tF a parti-es hereoo. In no eventvATthie BCJS�E have used dTgenteMrts_fo_obtain such.commitment unless the BUYER submits a complete mo ' 27. CONSTRUCTION This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is OF AGREEMENT to take effect as a sealed instrument, sets forth the entire contract between the parties,is binding upon and enures to the benefit of the parties hereto and their respective heirs,devisees, executors, administrators, successors and assigns,and may be cancelled, modified or amended only by a written instrument executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 28. LEAD PAINT , LAW of age resides in any residential premises in which any paint, plaster or other a enal contains dangerous levels of lead,the owner of said premises mu cover said paint, plaster or other material so as to make it inaccessible to chi six years of age. 29. SMOKE The SELLER shall,at a elivery of the deed, deliver a certificate from the fire department DETECTORS of the ci ich said premises are located stating that said premises have been equipped r30. ADDITIONAL The initialed riders, if any,attached hereto,are incorporated herein by reference. PROVISIONS Buyer's obligations are contingent on obtaining a comprehensive ' permit from the Barnstable Board of Appeals for development of 56 single family homes, including 14 affordable homes under the New England Fund Program. Buyer may extend the closing for up to 60 days, if necessary, to obtain said permit. FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978, BUYER MUST ALSO HAVE SIGNED LEAD PAINT"PROPERTY TRANSFER NOTIFICATION CERTIFICATION" NOTICE This is a legal document that creates binding obligations. If not understood, consult an attorney. Y SELLER(or spouse) SELLER axpayer ID/ Taxpayer ID/ UY R BUYER payer ID/ Taxpayer ID/ Broker(s) 1 • t 1 FILE No. 523 08/03 '00 15:24 ID:LANIEP,FAX6500 PAGE 2 DECLARATION OF TRUST ' LSTABLISHING SETTLERS LANDING; REALTY TRUST [,Jacques N. Morin,of 300 hearses Way, Hyannis, MA 02601,hereby declare that I hold tiny tend all property that may be conveyed to me as Trustee hereunder for the sole benefit o f the.. beneficiaries For the time being hereunder,upon the terms herein set forth.. I. Tlic term"Trustee"or "Trustees," wherever used herein, shall include such person.or persons who hereafter arc serving as Trustee of Trustees hereunder,and the rights,powers, authority and privileges granted hereunder to the Trustees may he exercised by such person.or persons, subject to the provisions hereof,. 2. The 'Crust Hereby established-shall be known as r "SETTLERS LANDING REALTY TRUST" 3. The origimil beneficiaries of this Trust are shown on.the Schedule of Belle ficial Interests executed this day by tlletn and the'Crustees, and filed with the Trustees. 4. The Trustee shall hold the property conveyed to him as Trustee, and re,clue all the i gains kind profits therefrom for the benefit of the beneficiary or beneficiaries from time to time (hereinafter called the "beneficiaries"),and shall make all distributions pursuant to the directions of the beneficiaries. _ Provided, however, the Trustee acknowledges and agrees that the Trust has been. for.mod for the purpose ol'qualifying as a limited dividend organi7atici11 as defined in the Cock of MassachliSCits Regulations at Chapter 760,Section 30.02 (t)and 37.02 (8)as amended,and by the Commonwealth of Massachusetts Housing Appeals Committee. Tbc'Trust will spans low or ni.odel.-Ute income housing developments as defined in Massachusetts General laws, Cliapter 40B, Sections'_'0-23,and the regulations promulgated p1,11;51.1ant thereto,and will participate in the New England Fund Program of the Federal home [,oan 134nk of Boston or other housing, programs eligible tinder said statute and regulations. In recognition and consideration of the foregoing the 'Crust will operate under the following, restrictions which may not be amended or deleted until every such dovelopment has been completed and all program requirements complied with: The Trust shall not engage in any activity oi- take any action with respect to the completion of any development in which the Trust shall realize a profit of more than twenty percent(20%) of total development costs, as defined in the applicable program. Furthermore, the Trust shall. not snake any distribution nor declare any dividend which would. constitute a profit exceeding twenty percent(20%) of total development FILE No. 523 03r03 '40 15:24 [D:LANIERFAh6590 '. PAGE ' costs, as above defined and shall comply with all requirements of the i New England Fund Program or other eligible program in connection with development oC low or moderate income housing under the Statute. 5, Subject to the consent of the beneficiaries,the'l.'rustees shall have till[power and authority r.o deal with ail property conveyed to thern as Trustees hereunder. The TrliSteCH shall have frill legal title to all property of the Trust,wherever located or situated,.at any time held(.)I- received by thern as Trustees under terms of this Trust. - 6. Except as expressly provided in this instrument, the trustees~hall have no power to deal in or with the Trust Estate, except as directed by the beneficiaries. When,Lis,if a.nd to the extent specifically directed by the beneficiaries, the Trustees shall have full power and authority to sell.assign, mortgitge,deal with, or otherwise dispose of all or any Dart of the Trust property (including:, without limitation,the full power and authority to delegate, by a writing signed by one Trustee, to any person or persons,acting singly or together with others, and whether or not serving;as a Trustee hereunder, (rill power and authority to sign checks, drafts, notes, bills of exchange,acceptances, undertakings and other instruments or orders for the payment, transfer or withdrawal ot'money for whatever purpose and to whomsoever payable, including those drawn - to the individual order of a signer, and all waivers of demand, protest, notice of protest or dishonor of any check, note,bill,draft or other instrument made,drawn or endorsed in the name of said trust),and as lessor or as lessee.,to ekecutc and deliver leases and sub-leases,and to bor my money and to execute and deliver tote~or other evidence of such borrm6ig, and to grant I or acquire rights or easements and enter into agreements or arrangements with respect to the } Trust property. Any one Trustee tnay exercise the powers of all Trustees lereunder. 1. Any and all instruments executed pursuant to powers herein contained may create obligations extending over any periods of time, including periods extending beyond the date of any possible termination of this Trust ^ S. Notwithstanding any provisions^contained herein no Trustee shall be required to take any action which will, nr the opinion of such Trustee, involve him in any personal liability unless" first indemnified it) his satisfaction. 'Any person dealing with tllC Trustees shall be fully . protected in accordance with the provisions of Section 16 hereof. 9. , The Trust shall terminate ninety nine (99)years after the life of the last to die of Jacques N. Morin,unless sooner terminated as hereinafter provided. F 10. ,any Trustee hereunder may resign by written instrument signed and acknowledged by suctI Trustee and recorded with Barnstable Registry of Deeds. l l. 'Smeceeding,or additional Trustees may be appointed or aiiy TTirstec removed by an i Instrument or inst.runients in writing, si&stied by the beneficiaries, provided, in such case, that such instrument or instrwnents, or a certificate by any Trustee Stating that a.Trustee or Trustees ` have been so appointed or removed, and, in the case of any appountinent,the acceptance in writing:,by the Trustee or Trustees appointed,shall he"recorded with said Deeds -2- .... , • ` yam- ` .- - " FILE No. 523 08/03 '00 15125 ID:LANIERFAX6500 PAGE 4 Notwithstanding the foregoing, in tlhe event of the death of a Trustee or resignulion of a Trustee pursuant to Section 10 hcreo{, prior to the appointment and acceptance of appointment ol'a successor or additional Trustee, then Martha M. Morin ol.'300 Hearses Way, Hyannis, MA 02601, shall become the Successor Trustee hereunder,effective upon the recording at said Deeds ' of his acceptance of appointment and of either a Death Certificate or resignation,as applicable. Of the previous Trustee. 12. Upon the appointment of tiny succeeding Trustee, the title to the.trust estate shall, ' thereupon,and without the necessity of any conveyance, be vested in said succeeding Trustee jointly with the remaining'('rustees, if any. Each succeeding;Trustee shall have all the rights, powers, authority and privileges as if natned as an original Trustee hereunder. 1:3. No Trustee shall be required to furnish bond, 14. The l.)eclarrttioth of'frust may be amended from tint to time by an instrument in writing signed by the then Trustee(s)hereunder and authorized by the beneficiaries and acknowledged by sueliTrustee(s)or beneficiaries, provided, in each case, that the instrument of amendment, or a certificate by the Trustee(s)setting forth the terms of such amendment, shall. he recorded with said needs. 15. No Trustee hereunder shall be liable for any error or judgment nor fur&ny loss arising,out of any act or omission in good faith, by such 'Trustee, by any other 1'rmue or by any agent employee or representative of the Trustee, but shrill be responsible only for his own willful breach of tautit The Trustees and each agent,employee or representative of the Trusters shall be entitled to reimbursement out of the Trust property for his or their reasonable expenses and outlays and shall be indemnified and reimbursed for any personal loss,cost, liability,expense or ' damage by them or any oi'them incurred or suffered in the administration of the Trust property or in conducting any business or performing any act authorized or permitted by this Trust,but such.indemnity or reimbursement shall be limited to the Trust property and no ben6i.c4lTy shall ' be personally or individually liable therefor to any extent. No license 01'court shall be requisite to the validity of any transaction entered into by the Trustee. No purchaser or lender shall be under any liability to see to the application of the purchase money or ol'any money or property ' located or delivered to the Trustees, or to see that the terms and conditions of this Trust have been complied with. 16. Every agreement, lease,deed,mortgage or•other instrument executed by.any one Trustee shall be conclusive evidence in favor of every person relying thereon or claiming diereunder that, at the time of the:delivery thereof, this Trust was in full force and effect and that ' the execution and delivery thereof was duly directed by the beneficiaries. The powers of the Trustees may be exercised by any one of the Trustees,and every agreement, lease,deed, mortgage or other instrument executed by any one Trustee shrill be valid and binding on all Trustees and tlii.s Trust. Any person dealing with the Trust property or the Trustees may always rely,without further inquiry,on a certificate signed by any one person,appearing fi-ont the records of said -3- Y A ' FILE No. 523 08/03 '00 15:26 ID:LANIERFAX6500 PAGE 5 Deeds, to be'Trustee hereunder w to who are the trustees or the benedciarir s hereunder, car as to the reuthorily of the'Trustees to act,or as to the existence or non-existence of any tact or facts which constitute conditions precedent to acts by the Trustees,or which are in any other manner germane to the affairs of this Trust. ' 17. Notwithstanding anything to the contrary herein contained, the Trustee shall have �ruthority to hypothecate or mortgage all or any part of the Trust property on such terms as the 1'rustees may deem advisable. 1.8. Except as otherwise herein provided,every act or thing done and every power exercised or obligation incurred by a Trustee in the administration of this Trust or in c:ontnectio.n with any business property or concerns of this Trust, whether ostensibly in his own name or in his capacity as Trustee,shall be done,exercised or incurred by him as n Trustee and not as an individual;and every person contracting or dealing with the Trustces or any of them or having, any debt, clairn or judgment against them shall look only to the funds ai;d property ol'the Trust for payment or satisfaction;and no Trustee, beneficiary or agent of the"Trust shall never be personally liable for or on account of any contract, debt, tort,claim,damage,judgment or decree arising, out of or in connection with the Trust property or the condiect Of the btlSineSS ol'the Trust. A stipulation or notice to this effect miy be inserted in any contract or instrument executed by the Trustees or their agents,but the omission thereof shall not be construed as A waiver of the foregoing provision and shall not render the'Trustees or their agents personally liable. Notwithstanding the foregoing,however, the restrictions contained within this Paragraph shall not airply to any agreement or obligation,provided the same is in writing,and further prov.i.ded. the signature ol'the Trustee involved appears immediately above or next to the work "individually„ WITNESS the execution bereofundei al, this day of August,2000. 1 .1 quo" Mori,,. COMIYIONWEAGTH OF MASSACHUSETTS ' Barnstable, ss. 2000 Then personally appeared the.above-named JACQIJFS N. MORINI and acknowledged the foregoing instrument to be his free act and deed before me. ' Notary Public - My Commission Expires: -e-S Y� -4- 1� 1 1 1 1 1 1 1 b - � � 1 1 1 1 1 1 � r �I 1 i 1 1 i 1 (P(00�pThe To n o B w f rn a stable • �8 Office of Town Manager 16J9. ��e� 367 Main Street,Hyannis MA 02601 ED lAI� - Office: 508-862-4610 John C. Klimm,Town Manager ' Fax: 508-790-6226 1 June 12, 2000 „ ' Jacques Morin Bayberry Building Company, Inc. 300 Bearses Way Hyannis, MA 02601 Re: 56 unit affordable housing development off Castlewood Circle, Hyannis Assessor's Map 273, Parcel.122 Dear Mr. Morin:. Reference is made to the proposal of Bayberry Building Company, Inc. and/or a.related company,'to build a 56.unit single family affordable housing development on the above- referenced property, including 14 houses that will be sold to income-eligible first time home buyers (earning no more than 80% of the Barnstable County annual median income). It is my understanding that the development will be built under the New England Fund Program of the Federal Home Loan Bank of Boston, and that you will be applying to the Town of Barnstable Zoning Board of Appeals for a Comprehensive 1 Permit under M.G.L..Chapter 40B, Sections 20-23. 1 In order for the development to proceed,-it will be necessary for the proposed houses to `. be connected to the Town of Barnstable sewer system. The closest existing sewer line is Daybreak Lane,part of the.Cobblestone Landing subdivision. There is a portion of the ' subdivision which abuts-your proposed site, and which is shown on the Cobblestone Landing subdivision-'plan as "Reserved For Future Roadway 50'Wide". The distance from the edge of the layout of Daybreak Lane across said reserved way to the Morin ' property is 107.25 feet, plus or minus. f As part of the preliminary review process, your proposal had received the preliminary w . ' 'support of the Barnstable_ Housing Committee, including a recommendation that this development be granted permission to connect to the Town sewer system-(both said #"` x ' support and recommendation subject to the review by the Committee of the.application to the Zoning Board of Appeals under the New England Fund Program guidelines). Other pertinent background information on the sewer is the Sewer Easement to the Town from Cobblestone Landing, Inc. dated September 30, 1997, recorded with Barnstable Registry of Deeds in Book 11090, Page 172,the Open Space Restriction—Easement to ' the Town from Franco Family Nominee Trust dated January 11,. 1989, recorded with said Registry in Book 6592,Page 30, and the authority for municipal connections to and installation of sewer lines, under M.G.L. Chapter 83, Section 1 et. seq. and Chapter 187, ' Section 5. Given the clear and compelling need for affordable housing in Barnstable, which is now., widely acknowledged and which the Town is attempting to address in various ways, and ' based on the above,it is the position of the Town Manager, on behalf of the Town of Barnstable, to support this proposal, and urge the Zoning Board of Appeals to grant a 1 Comprehensive Permit. It is my recommendation that the approval of this proposal is in the public interest of the Town of Barnstable, and that the granting of the Comprehensive Permit should include the issuance of all local permits and approvals from the Department of Public Works and other applicable Town boards for the necessary sewer connection and extension from Daybreak lane, subject only to any state approvals that may be required from the Commonwealth of Massachusetts Department of Environmental Protection and/or Executive Office of Environmental Affairs. I wish you good luck with the development of this project, which will help provide much needed affordable housing to first-time home buyers in the Town of Barnstable. Sin o r , ' J n C. Klimm OWN MANAGER ' JCK: Irw � � 1� 1 1 1 1 1 1 I � � N 1 1 $ 1 1 1 1 1 1� 1 ��a�� -- � • _-- — — � — - __ _ � — — - -- -- - -- � ---- � — --- _ N _. _. __ _ � 8 � 1 1 1 1 �� 1 ' SETTLER'S LANDING HOME DISBURSEMENT Lot# Plan Name Conveyed At Comments 1 Hawthorne Market 2 Lexington Market 3 Williamstown Market 4 Vineyard Affordable 5 Rockport Market 6 Chelmsford Market 7 Williamstown Market 8 Nantucket Market 9 Stockbridge Market 10 Hawthorne Affordable 11 Rockport Market 12 Lexington Market 13 Vineyard Affordable ' 14 Nantucket Market 15 Williamstown Market 16 Chelmsford Affordable ' 17 Stockbridge Market 18 Rockport Market 19 Lexington Market 20 Williamstown Market 21 Nantucket Affordable 22 Chelmsford Market 23 Lexington Market 24 Stockbridge Market 25 Hawthorne Affordable 26 Rockport Market 1 27 Nantucket Market 28 Chelmsford Affordable 29 Williamstown Market 30 Vineyard Affordable 31 Stockbridge Market 32 Lexington Market 33 Hawthorne Market ' 34 Rockport Market 35 Nantucket Market 36 Chelmsford Affordable 37 Rockport Market 38 lWilliamstown Market 39 Lexington Market ' 40 Nantucket Market 41 Rockport Market 42 Stockbridge Market 43 Hawthorne Affordable ' 44 Lexington Market 45 Williamstown Market 46 Nantucket Market ' 47 Chelmsford Affordable 48 Lexington Market 49 Hawthorne Market 50 Vineyard Affordable 51 Rockport Market 52 Nantucket Market 53 Hawthorne Affordable 54 Chelmsford Market 55 Vine and Affordable ' 56 IStockbridge Market t 1 1 1 1 r 1 1 1 � s i 1 1 � r Notes 1 -------------------------------- r 1 1 1 1 , _,��• � r f�l t2b ° \ 9z \ '7 ID r BY X ^ z�d-RIl- }glTy.7��. ; 1 e5 hzfi� I I 23 .ag =ZP {ltld .J✓o 19-31 191"''33 '� _ I 1A�:=B -'- g^� �� III✓� �( �/ Clb 1938 I ) 19�'9 I � i 1941�. Y'-i O9yo K-2 9 ,16 1 N r MAP 273 PARCELS 122 & .032 W w_E r SCALE: P=400' *NOTE: Plonimetrics,topography,and **NOTE: The parcel lines are only graphic representations DATA SOURCES: Plonimetrics(man-mode features)were-interpreted from]995 aerial photographs by The James vegetation were mapped to meet National of property boundaries. They are not true locations,and W.Sewall Company. Topography and vegetation were interpreted from 1989 aerial photographs by GEOD ' Map Accuracy Standards at a scale of do not represent actual relationships to physical objects Corporation.Plonimetrics,topography,and vegetation were mapped to meet National Map Accuracy Standards 1"=100'. on the mop. at a scale of 1 =100'.Parcel lines were digitized from 2000Town of Barnstable Assessor's tax maps. r 1 1 1 1 1 1 w 1 1 1 1 � , o 1 1 r 1 1 1 1 r 1 1 1 Notes 1 10 � 1 SETTLERS ANDIN PRO-FORMA ESTIMATES Number Homes At Market Rate 42 Number Homes At Affordable Rate 14 ' Total Homes 56 Land Purchase $780,000.00 ' Raw Lot Cost $13,928.57 HARD CO Road Cost @ 2200 L.F. $128.864 L.F. $283,500.00 Sewer Cost $140,000.00 Si na a Entrance&Street $2,200.00 Entrance Landscaping $3,400.00 Hard Cost Contingency -8% $34,328.00 SOFT COST Legal $7,000.00 Title Ins./Close Loan $10,000.00 . Consortium Point $25,000.00 Site Enqineenng $33,600.00 Architectural Plans $20,000.00 Marketing Commissions $463,680.00 Affordable Unit 3%Selling Fee $47,964.00 Advertising $0.00 BA Application Fee $5,600.00 Accounting $14,000.00 Closin Cost-Legal $28,000.00 Land Appraisal $1,500.00 Construction Loan Appraisal $4,000.00 Insurance $18,000.00 Road Bonds $2,800.00 Real Estate Taxes $27,400.00 Developer Overhead-.05% $404,228.60 Soft Cost Contingency -3% $20,434.32 Project Loan Carry Cost $286,251.00 Total Land-Mmomements 2,662,885.92 Finished Lot Cost /56 $47,551.53 Finished Lot Cost $47,551.53 Ave, House Cast 1 ve.Land&House Cost $157,551.53 Total Land& Improvements $2,662,885.92 Total Land, Improvements & Construction Cost $8,822,885.92 Average Sales Price For 42 tomes $184,000.00 Total Revenue @ 42> $7,728,000.00 Meme Salo Price For 14±km3es $114,200.00 T > otal Revenue From Sales $9,326,800.00 ' otal Revenue From Sales. $9,326,800.00 LESS-Total Land, Improyements&Construction Cost $8,822,88U2 LESS-Land Access Purchase $85,000.00 LESS-Move Access Structure $12,800.00 Total Project Profit $406,114.08 Percent Profit On Total Revenue 4.60% t r ' N 1 1 1 1 REG_ULA"FORY nGRLEMENT TIILBB-NEW ENGLAND FUND] For Ownership Projects This Regulatory Agreement (this "Agreement") is made this day of 1999 by - ., a Massachusetts t-having an address at.._ - MA. ("Developer") and the Bank (the "Member"), a member institution of the Federal Home Loan Bank of Boston. BACKGROUND.- A. The Developer intends to construct a unit homeownership development on a -acre site on Street in more particularly described in Exhibit A attached hereto and made a part hereof(the "Project"); B. The Developer Ii a as received comprehensive permit (the "Comprehensive Permit") for the Project from the Zoning Board of Appeals for the ' Town of (the "Municipality") under Chapter 40B of the Massachusetts General Laws, with permit is recorded at the Norfolk Registry of Deeds in Book Page ; C. The Comprehensive Permit has specified that units, or 25% of the total units in the Project will be afiordable uni',s (the "Affordable Units") and will be sold to households earning no ivere. than eighty percent (80%) of the median income, by household size; (or the Boston Primary Metropolitan Statistical Area (the "Base Income") as published from time to timc by, the Department of Housing and .� Community Development or successor agency ("DI ICD"), and that those affordable units will remain affordable in perpetuity; D. The Project is being financed by the member with the proceeds from an advance provided by the Federal Home Loan Batik of Boston's New England Fund ("NEF") and the NEF requires that the project provide the number of Affordable Units described above; E. Pursuant to the requirements of the Comprehensive Pen-nit and this Regulatory Agreement, the Developer has agreed that the Board of Selectmen, or its designee (the "Monitoring Agent")shall perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of tile Developer with the Limited Dividend Requirement. • NOW THEREFORE, in consideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, tiie Developer and the Member I hereby agree and covenant as follows: 1. Unit Distribution. 'The distribution of the Affordable Units by unit size shall be as set forth below: 0BR 1 BR 2BR 3BR 4 ■ BR —0 Number of Units _0 —0 —0 — Maximum Sales Price . Discount Rate The maximums sales price shall be established so that a household earning the Base Income for a family of foul' 1+1ould pw no more than 30% of gross income for the sum of annual debt set7,ice on a mortgage of 90% of the sales price (including principal and interest)plus property taxes, insm-ance and anv condominiunt/homeowner association fees. The Discount Rate has been established by appraisal. 2. Affordability. The Affordable Units shall be sold to households who have an annual income equal to or less than the Base Income. The Base Income will be adjusted from time to time according to DI ICD guidelines. The maximum sales price for the Affordable Units at subsequent re-sales shall be determined by applying a discount rate, established at the time of initial sale, to the appraised value at the time of resale. Zile discount rate is the percentage of the unit's fair market value for which the unit sold, as determined by an appraiser at the time of the initial sale. This rate shall be applied to the fair market value of the unit at the time of resale, as determined by an appraiser retained by the seller of the AfTordable Unit. The unit must be sold to a household earning no more than the Base Income. 3. Deed Riders. At the time of sale of the Affordable Units by the Developer, the Developer shall execute and shall as a condition of sale cause the purchasers of the Affordable Units to execute a deed rider in the form of Exhibit B attached hereto and made a part hereof(each a Deed Rider"). Each Deed Rider jshall require the unit owner at the time he/she desires to sell the Affordable Unit to notify the Monitoring Agent of the discounted purchase price based on a appraisal ordered by the seller and more particularly described in the Deed Rider. The owner of the Affordable Unit must thereafter offer the unit to the Municipality which, within thirty (30) days of notice of such offer may or may not exercise its first right- " of-first refusal; and if not, the seller must find a purchaser who meets the income guidelines,rising due diligence to do so. 1 If the Affordable Unit owner is unable to find an eligible purchaser within a sixty (60) day period frern the end of the Municipality's first 30 day right of first refusal, then said owner must again offer the unit to the Municipality which, within thirty (30) days of notice of such offer may or may.not exercise its second right-of- first-refusal; and if not, the seller can sell the unit to any person, regardless of his/her income and at any price, free of any future resale restrictions, provided that the difference between the actual resale price and the discounted purchase price shall be paid to the Municipality for deposit in an affordable housing fund to be used by the Municipality to support other affordable housing within the municipality. The Deed Rider shall require the Affordable Unit owner and any purchaser to execute at the time of resale a similar Deed hider which shall be attached to and made a part of the deed from the owner to the purchaser, so.that the affordability of each Affordable Unit will be preserved each tune that subsequent resale of the Affordable Unit occurs during the tern as specified Section 11 of this Agreement. 4. Dividend Limitation. Developer agrees that the profit to the Developer or to the partners, shareholders, or other owners of Developer or of the Project shall not exceed twenty.percent (20%) of total development costs..of the Project, exclusive of development fees (the "Allowable Profit"). Upon issuance of a final Certificate of Occupancy for all of the units in the Project, the Developer shall deliver to the Monitoring Agent an itemized statement of total development costs together with a statement ofgross sales reveinres from the Project received by the Developer to date certified by the Developer ("Certified Cost and Income Statement"). "Profit", when calculated by the Monitoring Agent to detennine the Allowable Profit, shall be measured as the excess of certified income, less any brokerage commissions and selling expenses over certified costs and less all development costs related to the project except costs incurred by the developer as administrative and overhead expenses (which shall be considered as part of Developer Profit). Acceptable development costs include, but are not limited to, the cost of site acquisition; defined as that value which can be underwritten by the Project and which can be supported by the Bank's appraisal upon which its construction loan is based. ' If all units in the Project have not been sold as of the date the Certified Cost and Income Statement is,delivered to the Monitoring Agent, the Developer shall at least ' once every ninety(90)days thereafter, until such time as all of the units are sold, deliver to the Monitoring Agent an updated Certified Cost and Income Statement;_: After all units in the Project have been sold, the Developer shall deliver to the, Monitoring Agent a final Certified Cost and Income'Statement. All profits from the Project in excess of the Allowable Profit shall be paid by the Developer to the Municipality for deposit in an affordable housing Fund,to be used by the Municipality for the purposes of encouraging, creating or subsidizing the . r . 1 iconstruction or rehabilitation of alfordable housing elsewhere in the Municipality. 5. Affirmative Marketing. The Developer, shall not discriminate oil the basis of race, creed, color, sex, age, handicap, marital status, national origin or any other basis prohibited by law in the selection of the buyers for the Affordable Units. The Developer shall affirmatively market the Affordable Units in accordance with the Comprehensive Permit to minority households through direct outreach efforts to local churches, social service and civic organizations as well as local and area-wide newsprint media where minority households are most likely to be contacted. This outreach effort must continue for a period of at least 60 days prior to the selection of buyers for the Affordable Units. The Developer agrees to maintain for at least five ' (5) years following the sale of the Affordable Units, a record of all newspaper ads, outreach letters, translations, leaflets and any other outreach efforts, which may be inspected by the Monitoring Agent or the Municipality, at any time upon request. 6. Recording. Upon execution hereof, the Developer shall immediately cause this Agreement to be recorded with the Norfolk Registry of Deeds or, if the Project consists in whole or in part of registered land, to be filed with the Norfolk Registry District of the Land Court. Upon recording and/or filing as applicable, the Developer shall immediately transmit to the Bank and the Monitoring Agent 1 evidence of such recording and/or filing. 7. Representations. The Developer hereby represents, covenants and warrants as follows: (a) The Developer (i) is a duly organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business ' under the laws of this State, (ii) has the power and authority to own properties and assets and to carry on its business as now being conducted, and (iii) has full legal right, power and authority to execute and deliver this ,Agreement. (b) The execution and performance of this Agreement by the Developer (i) will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order ofany court or other agency or governmental body, and (ii) will not violate or, as applicable, has not ' violated any provision of any indenture, agreement, mortgage, mortgage note or other instrument to which the Developer is a party or t by which it or the Project is bound, and (iii) will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Developer will, at the time of execution acid delivery of this Agreement, have good and marketable title to the Project free and clear of any lien or encumbrance, subject to the encumbrances created pursuant to this Agreement, any loan documents relating to:the ' Project, or other permitted encumbrances. 8. Govenaing Law/Amendiucnts/Severability. This Agreement shall be governed by the laws of The Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portions hereof. 9. Monitoring Agent. The Developer shall retain and pay the fees of the Monitoring Agent for purposes of monitoring Developer's performance hereunder tie Monitoring Agent and the Member. All pursuant to an agreement acceptable to notices and reports required to be submitted hereunder shall be submitted directly to the Monitoring Agent. The Monitoring Agent shall have authority to act in all matters relating to this Agreement. 10. Notices. All no to be given pursuant to this Agreement shall be ill writing and shall be deemed given when delivered by Band or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice- Developer: 1 . Monitoring Agent: Board of Selectmen a . 11. Term. The term of this Agreement shall be in perpetuity, provided that after conveyance of any unit to an eligible purchasing household, this Agreement shall terminate with respect to that unit if that unit is acquired by foreclosure or instrument in lieu of foreclosure so long as the holder of the mortgage on that unit has given the Bank and the Monitoring Agent and tlae Municipality not less than sixty (60) days' prior written notice of the holder's intention to foreclose the mortgage or to accept an instrument in lieu of foreclosure. Upon the expiration of tlae term of this Agreement, each of the theta owners of _ r I ' Affordable Units shall be bound to pay to the Municipality all proceeds of sale in excess of the discounted purchase price upon sale of suet, Unit, which sale shall be at arms length and for fair market value of-such Unit. 12. 'Successors and Assigns. The Developer intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the teen of this Agreement, and are binding upon the Developer's successors in title, (ii) are not merely personal covenants of the Developer, and (iii) shall bind the Developer, its successors and assigns for the teen of the Agreement. Developer hereby agrees that any and all requirements of the laws of"I'he Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. 13. Default. If any default, violation or breach by the Developer hereunder is not cure d to the satisfaction of the Monitoring Agent within thirty (30) days after notice to the Developer thereof, then the Monitoring Agent may send i notification to the Member and the FI-IL1313 that the Developer is in violation of the. ■ terms and conditions hereof. The Member may exercise any remedy available to it. The Municipality or the Monitoring Agent may also exercise any legal remedy available to it. The Developer shall pay all costs and expenses, including legal fees, incurred by Monitoring Agent in enforcing this Agreement and Developer hereby agrees that the Member and its agents, including the Monitoring Agent, shall have a lien on the Project to secure payment of, ny such costs and expenses. The Monitoring Agent, may perfect such a lien on the Project by recording.a certificate setting forth the amount of the costs and expenses due and owing in the.Registry of 1 Deeds or the Registry District of the Land Court for the county in which the Project is located. A purchaser of the Project or any portion thereof shall be liable for the payment of any unpaid costs and expenses which were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. 14. Mortgagee Consent. The Developer represents and warrants that it has I� obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such g mortgagees have executed a consent to this Agreement. 1 15 Responsibility of Monitoring Agent. The Monitoring Agent shall not be held liable.for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 16. Indemnity. 'rile Developer agrees to indemnify and hold harmless the -Monitoring Agent against all damages, costs and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its relationship to the Project under this Agreement and not involving the Monitoring Agent acting in bad faith and with gross negligence ` 17. Amendments. This Agreement shall not be amended without written 1 consent of the Monitoring Agent. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as a sealed instrument as of the date first above written. DEVELOPER: MEMBER. By. By. COMNIONWEALTI-1 OF NIASSACHUSETTS ss. 1998 Then personally appeared the above-named , the of. and acknowledged the foregoing instrument to be the free act and deed of before me. Notary [ ublic My Commission Expires: 334393 MONITORING SERVICES AGREEMENT . L HILB B- L W �NGLnND FUND] For Ownership Projects made as of the day of 1999, by and TI-ll5 AGREEMENT Is . • Navin an address at. between i , a Massachusetts having ("Developer") and Board ol-Selectmen of the Town of ,MA. with an address at ("Monitoring Agent"'). Background A. The Federal Home Loan Bank of Boston ("FlILBB") has agreed to provide a subsidized advance (the "Subsidized Advance") under the New England Fund (the "NEF").to (the "Member") for the purpose of financing a project containing residential housing units located at Massachusetts(the "Project"). B. The Project has received a comprehensive permit from the Zoning Board of Appeals of the Town of• (the "Municipality") under Massachusetts General Laws Chapter 40B (the "Comprehensive Permit") and is subject to a regulatory Pr of the Developer agreement(the "Regulatory Agreement") between the Member and the De pe Project (the "Developer"). C. Pursuant to the guidelines of the NEF, the Comprehensive Permit and the Regulatory Agreement, at least ut>,ticonrte5 d�project exceed 80°/ o"Affordable}a Units") required to be sold to households,whose r income (adjusted for household size) for the Boston Primary Metropolitan Statistical Area. In addition, the Affordable Units will be subject to deed riders governing resale (the "Affordability Requirement") in perpetuity. D. Pursuant to the guidelines guidelines for comprehensive permit projects, the Comprehensive Pennit and the Regulatory Agreement, the Developer may not receive profit in excess of 20% of total development costs (as defined in the Regulatory Agreement, Section 4) of the Project (tile "Limited Dividend Requirement' E. Pursuant to requirements of the Regulatory Agreement and'the Comprehensive Perm it, the Developer has agreed to retain the Monitoring Agent to perform monitoring and enforcement services regarding compliance of the Project with ' the Affordability Requirement and compliance of the Developer with the Limited Dividend Requirement. Agreement For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Monitoring Services. Monitoring Agent shall monitor the compliance of the Project with the Affordability Requirements and the compliance of the Developer with the Limited Dividend Requirement, including: ' (i) Receipt of cost certifications for the Project from the developer. (ii) Review of(x) the adequacy and completeness of cost certifications and (y) ' the substantive compliance of the Project with the Affordability Requirement and of the Developer with the Limited Dividend Requirement. (iii) Review of inconle certifications, deeds and deed riders with respect to initial sales ol•Affordable Units. 1 ) Monitorinv (i of re-sales of Affordable Units for compliance with the terms 6 of the applicable deed riders and issuance of certifications, as appropriate, approving re-sales and the payment of recapture amounts. (v) Preparation annually of a report (the "Annual Compliance Report") to the Member, F ILBB and the Municipality on the compliance(x)of the Developer with reporting requirements (so long as the Developer still owns units in the Project), (y) of the Project with the Affordability Requirement and (z) of the Developer with the Limited Dividend Requirement (so long as the Developer still owils units in the Project). The Annual Compliance Report shall indicate the extent of noncompliance with the relevant reporting and/or substantive requirements, describe efforts being made by the Developer to remedy such noncompliance and, if appropriate, recommend a demand by the Member for repayment of the loan to the Developer or other possible enforcement action against the Developer. (vi) Circulation of an Annual Compliance Report to the PHLBB, to the Member(while its loan is still outstanding) and to the Zoning Enforcement Officer of the Town of Wellesley within 120 days after the end of each calendar year. The Monitoring Agent shall provide reasonable supplemental monitoring on its own initiative in order to ensure to the extent practicable the compliance of the Project and the Developer with the Affordability Requirement'and the Limited Dividend Requirement. The services hereunder shall not include any construction period monitoring. The services hereunder shall include follow-up discussions with the Developer; if appropriate, after an event of noncompliance. ' 2. Monitoring Services Fee. The Monitoring Agent shall receive a fee from the Developer at the time of execution of this Agreement. If the amount of the fee is not agreed to by the Developer and the Municipality at such time, then the amount of the fee shall be determined as follows: each side shall designate an arbitrator familiar with multi- family residential development in the Greater Boston area, and the two arbitrators so chosen shall designate a third such arbitrator. Tile three arbitrators so chosen shall, within ififteen (15) days of their appointment, determine the amount of said fee. Each side shall pay for their own arbitrator, and shall share equally the cost of the third arbitrator. Such fee shall constitute payment for the services of the Monitoring Agent with respect to the Limited Dividend Requirement and the initial sales of the Affordable Units. As provided in the Deed Rider with each Affordable Unit, the Monitoring Agent shall receive a fee of maximum Affordable Unit Sales Price, to be paid by the one-half of one percent of the at closing, for the services with respect to monitoring tl�e Seller of the Affordable Unit sales transaction as spelled out in this Agreement. FI iLBB shall have no responsibility for payment of any fee to Monitoring Agent hereunder. 3. Etiforceme nt Services. In the event of serious or repeated violations of the substantive or reporting requirements of the Regulatory Agreement or a failure by the Developer to take appropriate actions to cure a default under the Regulatory Agreement, the Monitoring Agent shall have the right, nt its discretion, to take appropriate enforcement action against the Developer, including, without limitation, notice to the iF14LBB, to the Municipality and/or to the Member or legal action to compel the Developer to comply with the requirements of the Regulatory Agreement. The Regulatory Agreement provides for payment by the Developer of fees and expenses (including legal fees)of the Monitoring Agent in the event enforcement action is taken against the Developer thereunder and grants to the Monitoring Agent a lien on the Project to secure payment of such fees and expenses. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing the Regulatory Agreement against the Developer and to assert a lien on the Project to secure payment by the Developer of such fees and expenses. In the event of a violation of the provisions of a deed rider, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforcement action against the unit owner or the unit owner's successors in title, including, without limitation, notice to the FHLBB, to the Municipality and/or to the Member legal action to compel the unit owner to comply with the requirements of the relevant deed rider. The form of deed rider will provide for payment by the unit owner of fees and expenses (including legal fees) of the Monitoring Agent in the event enforcement action is taken against the unit owner thereunder and will grant to the Monitoring Agent a lien on the unit to secure ' payment of such fees and expenses. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing a deed rider against the unit owner and to assert a lien on the relevant unit to secure payment by the unit owner of such fees and expenses. The Monitoring Agent shall not be entitled to seek any compensation or ' reimbursement from FHLBB or the Member in connection with the enforcement services under this Section 3, it being understood that the Monitoring Agent shall look solely to the reimbursement rights described above for payment of the Monitoring Agent's costs and expenses. Nothing in this Agreement shall be construed to require the Monitoring Agent to expend more than $i cul10 enfor�cemeitgt action agale inst De tile vel pRegulatory Agreement or to take any par 4. Term. The g i monitorin services are to be provided for the full term of the ars Regulatory Agreement which is 99� to six�noitl s afler the end of the Affordable full yeartafler erm of this Agreement shall end on the sale of the first Affordable Unit. 5:• Responsibility of Monitoring Agent. •I'he Monitoring Agent shall not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 6. Indemnity• The Developer agrees to indemnify and hold harml s the Monitoring Agent against all damages, costs and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its relationship with ' the Project under this Agreement and not involving the Monitoring Agent acting in bad faith and with gross negligence. i7 Applicable This Agreement, and the application or interpretation hereof, shall be governed by the laws Of The Commonwealth of Massachusetts. 8. Binding Agreement. This Agreement sliall be binding on the parties hereto, their heirs, executors, personal representatives, successors and assigns. 9. Headings. All paragraph headings in this Agreement are for convenience of reference only and are not intended to qualify the meaning of the paragraph. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be 1 duly executed as of the date first written above. By: 1 Title: Boar d of Selectmen, 13 . y• i1 I � 1 i 1 � 1 1 1 1 i 1 1� 1 i 1 1 1 1 1 1 i 1 1 1 1 iz 1 Notes -------------- - , 2 r DEED RIDER ' For FHLBB New England Fund Ownership Project (annexed to and made part of that certain deed(the"Deed") from ("Grantor") to ("Grantee") dated 11999 .) WITNESSETH: i ' WHEREAS, the Town/City of , Massachusetts (the"Municipality") is the owner of a certain parcel of land located in ,Massachusetts(the"Land"); WHEREAS, the Municipality wishes to provide affordable housing to individuals and. families of low and moderate incomes by facilitating the development of a multifamily housing complex on the Land in order to provide such affordable housing; ' WHEREAS the Developer of the Land has received a comprehensive permit under Chapter 40B of M.G.L. for the purpose of constructing (_)residential units (the "Project") comprised of (_)units to be sold by the Project Developer at market rates and (__) units to be sold by the Project Developer to households with low and moderate incomes in accordance with the terms and provisions of the Regulatory Agreement by and between the Project Developer and the Member, as part of the New England Fund Program(the"Regulatory Agreement"); WHEREAS, the Municipality has determined that the rights and restrictions granted herein to the Municipality serve the public's interest in the creation and retention of affordable I housing for persons and families of low and moderate income and in the restricting of the resale price of property in order'to assure its affordability by future low and moderate income purchasers; WHEREAS,pursuant to the Regulatory Agreement for this Project, eligible purchasers such as the Grantee are given the opportunity to purchase certain property at a discount of the property's appraised fair market value if the purchaser agrees to convey the property on resale to an eligible purchaser located by the Municipality or,to the Municipality, for a"Maximum Resale Price" equal to the appraised fair market value of the property at the time of resale, as determined by the Monitoring Agent, (as specified in the Regulatory Agreement)multiplied by the applicable Discount Rate (as hereinafter defined), or, if there is no eligible purchaser who can qualify to purchase the property at the normal Maximum Resale Price, then to an eligible purchaser for a' ' lesser, modified Maximum Resale Price equal to the amount for which an eligible purchaser can qualify; [Also see §2(e), below.] WHEREAS, the Grantor and the Grantee are participating in the NEF Program, and in accordance with the NEF Program the Grantor is conveying that certain real property more particularly describe din the Deed ("Property") to the Grantee at a consideration which is less than the appraised value of the Property; and WHEREAS, a Discount Rate equal to %of the appraised fair market value of the Property (the"Discount Rate") is hereby assigned to the Property, and such Discount Rate shall be used in determining the Maximum Resale Price of the Property ; ' NOW THEREFORE, as further consideration from the Grantee to the Grantor, and the Municipality for the conveyance of the Property at a discount in accordance with the Regulatory Agreement, the Grantee,his heirs, successors and assigns, hereby agrees that the Property shall 1 be subject to the following rights and restrictions which are hereby imposed for the benefit of, and shall be enforceable by,the Grantor's assignees and designees, or the Monitoring Agent, or the Municipality, acting by and through its Chief Elected Official. I 1. Right of First Refusal: a When the Grantee or an successor in title to the Q` O Y Grantee shall desire to sell, dispose of or otherwise convey the Property, or any portion thereof, ' the Grantee shall first notify the Monitoring Agent and subsequently the Municipality in writing of the Grantee's intention to so convey the property(the"Notice"). The Notice shall contain an appraisal of the fair market value of the Property(assuming the Property is free of all restrictions ' set forth herein) acceptable to the Monitoring Agent prepared by a real estate appraiser acceptable to the Monitoring Agent and qualified to appraise property for secondary mortgage markets and recognized as.utilizing acceptable professional appraisal standards in Massachusetts, 1 and the Notice shall set forth the Discount Rate and the Maximum Resale Price of the Property. Within thirty(30) days of the giving of the Notice by the Grantee, the Municipality shall notify the Grantee in writing as to whether the Municipality is proceeding to locate an eligible purchaser of the Property or the Municipality shall exercise its right of first refusal to purchase the Property(the"Municipality's Notice"). For the purpose of this Deed Rider, an"eligible purchaser"shall mean a purchaser who satisfies the criteria set forth in the Regulatory Agreement, and who, if located by the Municipality, is ready and willing to purchase the Property within ninety(90) days after the Grantee gives the Notice. (b) In the event that(i) the Municipality's Notice states that the Municipality does not intend to proceed to locate an eligible purchaser and that the Municipality does not intend to exercise its right of first refusal to purchase the Property, or the Municipality fails to give the 1 Municipality's Notice within thirty(30) days, the Grantee must use diligent efforts to find an eligible purchaser within a one hundred twenty(120) day period from the date the Property is put on the market, as determined by the date of the first advertisement for sale, as set forth below. The term"diligent efforts"as used herein shall mean(A) the placement of an advertisement in the real estate section of at least one newspaper of general circulation for a period of three consecutive weeks which sets forth a customary description of the unit for sale, the Maximum Resale Price, Grantee's telephone number, and the phrase: "Sale of unit subject to certain guidelines and restrictions with respect to the maintenance and retention,of affordable housing 2 t, to income. "and B the receipt of satisfactory evidence that ' for Households of low and moderate ( ) P rY the new purchaser qualifies as an eligible purchaser. If the Grantee is unable to locate an eligible purchaser within one hundred twenty (120) days from the date the Property is put on the market, the Grantee may convey the Property to any third party at fair market value, free of all restrictions set forth herein, provided, however, all consideration and payments of any kind ' received by the Grantee for the conveyance of the Property to the third party which exceeds the Maximum Resale Price shall be immediately and directly paid to the Municipality after review by the Monitoring Agent Upon receipt of this excess amount, if any, the Municipality,shall issue to the third party a certificate in recordable form(the"Compliance Certificate')indicating the Municipality's receipt of the excess amount. This Compliance Certificate is to be recorded in the appropriate Registry of Deeds or registered with the appropriate Registry District of the Land Court and such Compliance Certificate may be relied upon by the then owner of the Property and by third parties as constituting conclusive evidence that such excess amount, if any,has been paid to the Municipality, or that no excess amount is payable, and that the rights,restrictions, ' agreements and covenants set forth herein are null and void. The sale price to a third party shall be subject to the Monitoring Agent's approval,with due consideration given to the value set forth in-the appraisal accompanying the Notice. The Monitoring Agent's approval of the sale 1 price shall be evidenced by its issuance.of acceptance to the Municipality. (c) ' In the event the Municipality,within said thirty(30) day period, notifies the Grantee that the Municipality is proceeding to locate an eligible purchaser or that the Municipality shall exercise the Municipality's right of first refusal to purchase the Property,the Municipality may locate an eligible purchaser,who shall purchase the Property at the Maximum Resale Price subject to Deed Rider,within sixty(60)days of the date that the Notice is given, or the Municipality may purchase the Property itself at the Maximum Resale Price with sixty(60) days of the date that the Notice is given. If more than one eligible purchaser is located by the Municipality, the Municipality shall conduct a lottery or other like procedure to determine which eligible purchaser shall be entitled to the conveyance of the Property. (d) If an eligible purchaser is selected to purchase the Property, or if the Municipality elects to purchase the Property, the Property shall be conveyed by the Grantee to such eligible, purchaser or to the Municipality as the case may be,by a good and sufficient quitclaim deed ' conveying a good and clear record and marketable title to the Property free from all encumbrances except(i) such taxes for the then current year as are not due and payable on the date of delivery of the deed(ii) any lien for municipal betterments assessed after the date of the Notice, (iii)provisions of local building and zoning laws, (iv) all easements,restrictions, covenants and agreements of record specified in the Deed from the Grantor to Grantee, (v) a Regulatory Agreement with the Project Developer dated and recorded with the ' Registry of Deeds in Book ,Page , the("Regulatory Agreement"). The Regulatory Agreement cannot be amended without the consent of the Monitoring Agent. (vi) such additional easements,restrictions, covenants and agreements of record as the Municipality and the Monitoring Agent consents to, such consent not to be unreasonably withheld or delayed, and (vii) in the event that the Property is conveyed to an eligible.purchaser, a Deed Rider satisfactory in form and substance to the Monitoring Agent which the Grantee hereby agrees to 1 annex to said deed. 3 ' (e) Said deed shall be delivered and the purchase price paid(the"Closing")at the Registry of Deeds in the County where the Property is located, or at the option of the eligible purchaser(or the Municipality, as the case may be, if the Municipality is purchasing the 1 Property), exercised by written notice to the Grantee at least five(5)days prior to the delivery of the deed, at such other place as the eligible purchaser(of the Municipality, as the case may be, if the Municipality is purchasing the Property) may designate in said notice. The Closing shall ' occur at such time and on such date as shall be specified in a written notice from the eligible purchaser(or the Municipality, as the case may be, if the Municipality is purchasing the Property) to the Grantee,which date shall be at least five (5)days after the date on which such notice is given, and if the eligible purchaser is a purchaser located by the Municipality,or if the Municipality is purchasing the Property no later than sixty(60) days after the Notice is given by the Grantee. (f) To enable Grantee to make conveyance as herein provided, Grantee may if he so desires at the time of delivery of the deed, use the purchase money or any portion thereof to clear ' the title of any or all encumbrances or interests; all instruments so procured to be recorded simultaneously with the delivery of said deed. 1 (g) Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value and any common area charges or association fees, if any, shall be adjusted as of the date of Closing and the net amount thereof shall be added to or deducted from, ' as the case may be, the purchase price payable by the eligible purchaser or by the Municipality. (h) Full possession of the Property free from all occupants is to be delivered at the ' time of the Closing, the Property to be then in the same condition as it is in on the date of the Grantee's notice, reasonable wear and tear only excepted. (i) If Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of condition in the Property not included in the above exception shall occur, then the Closing shall be extended for up to thirty(30)days and Grantee shall remove any defect in title or to restore the Property to the condition hereby provided for. The Grantee shall use best efforts to remove any such defects in the title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The eligible purchaser(or the Municipality, as the case may be, if the Municipality is purchasing the Property) shall have the election, at either the original or any extended time for performance, to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the.purchase price without deduction, in which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been taken by a public authority, then the Grantee shall, unless the Grantee has previously restored the Property to its former condition, either: (i) pay over or assign to the eligible purchaser or the Municipality, as the case may ' be, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts reasonable expended by the Grantee for the partial restoration, or 4 ' (ii) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned, give to the eligible purchaser or to the Municipality, as the case may be, a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonable expended by the Grantee for any partial ' restoration. 2. Resale and Transfer Restrictions: Except as otherwise stated herein,the Property or any interest therein, shall not at any time be sold by the Grantee, the Grantee's successors and assigns, and no attempted sale shall be valid, unless: ' (a) ', the aggregate value of all consideration and payments of every kind given or paid by the eligible purchaser(as located and defined in accordance with Section 1 above)or the Municipality, as the case may be,to the then owner of the Property for and in connection with ' the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property, and (i) if the Property is conveyed to an eligible purchaser, a certificate (the"Eligible Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Monitoring Agent which Eligible Purchaser Certificate refers to the Property, the Grantee, the eligible purchaser thereof, and the Maximum Resale Price therefor, and states that the proposed conveyance, sale or transfer of the Property to the eligible purchaser is in compliance with this Deed Rider and the ' Regulatory Agreement, and there is also recorded a new Deed Rider executed by the eligible- purchaser which new Deed Rider the Eligible Purchaser Certificate certifies is satisfactory in form and substance to the Monitoring Agent;.(ii) if the Property is conveyed to the Municipality, a Certificate (the"Municipal Purchaser Certificate")is obtained from the Monitoring Agent and signed and acknowledged by the Municipality and the Monitoring Agent and recorded with the Registry of Deeds, which Municipal Purchaser Certificate refers to the Property,the Grantee, the Municipality, and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to the Municipality is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider and there is also recorded a new Deed Rider which Deed Rider is satisfactory in form and substance to the Monitoring Agent; or(iii) if the Property is conveyed to a third party in accordance with Section 1,the ' Monitoring Agent execute and deliver the Compliance Certificate in accordance with Section 1; (b) Any good faith purchaser of the Property, any lender or other party taking a , security interest in such Property and any other third party may rely upon a Compliance Certificate or an Eligible Purchaser Certificate or a Municipal Purchaser Certificate referring to the Property as conclusive evidence of the matters stated therein and may record such Certificate ' in connection with conveyance of the.Property,provided, in the case of an Eligible Purchaser. Certificate and a Municipal Purchaser Certificate the consideration recited in the deed or other instrument conveying the Property upon such resale shall not be greater than the consideration, stated in the Eligible Purchaser Certificate or the Municipal Purchaser Certificate as the case may '. be. If the Property is conveyed to the Municipality, any future sale of the Property by the Municipality shall be,subject to the Regulatory Agreement and the Deed from the Municipality "shall contain a Deed Rider in form and substance satisfactory to the Monitoring Agent together with an Eligible Purchaser Certificate from the Monitoring Agent. 5 ' (c) Within ten(10)days of the closing of the conveyance of the Property from Grantor to Grantee, the Grantee shall deliver to the Monitoring Agent and to the Municipality a true and certified copy of the Deed of the Property, together with information as to the place of recording thereof in the public records. Failure of the Grantee, or Grantee's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance. ' (d) Notwithstanding anything to the contrary contained in this Deed Rider,the Maximum Resale Price shall not be less than the purchase price which the Grantee paid for the Property plus the costs of approved capital improvements and marketing expenses, as determined ' by the Monitoring Agent. (e) The Grantee understands and agrees that nothing in this Deed Rider or the ' Regulatory Agreement in any way constitutes a promise or guarantee by the Grantor,Monitoring Agent or Municipality that the Grantee shall actually receive the Maximum Resale Price for the Property or any other price for the Property. 3. Restrictions Against Leasiniz and Junior Encumbrances: The Property shall not be leased, refinanced, encumbered-(voluntarily or otherwise) or mortgaged without the prior ' written consent of the Monitoring Agent, provided, however, that this provision shall not apply to a first mortgage granted in connection with this conveyance. Any rents,profits, or proceeds from any transaction described in the last preceding sentence which transaction has not received the prior written consent of the Monitoring Agent shall be paid to and be the property of the Municipality. In the event that the Monitoring Agent, in the exercise of its absolute discretion consent to any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents,profits or proceeds from such transaction which exceed the carrying costs of the Property as determined by the Monitoring Agent in their sole discretion shall be paid to and be the property of the Municipality. Notwithstanding the restrictions outlined in the paragraph above, any Property purchased by the Municipality,under its Right of First Refusal, maybe rented by the Municipality, at its discretion, so long as the income limits for the renter household meet the income requirements as defined in the Regulatory Agreement. 4. Riizhis of Mortgagees: (a) Notwithstanding anything herein to the contrary,but subject to the next succeeding paragraph hereof, if the holder of record(other than the Grantor or any person related to the Grantor by blood, adoption, or marriage, or any entity in which the Grantor has a financial interest(an"Interested Party")) of a first mortgage granted to a state or national bank, state or federal savings and loan association, cooperative bank, mortgage ' company, trust company, insurance company or other institutional lender or its successors or assigns (other than an Interested Party) shall acquire the Property by reason of foreclosure or similar remedial action under the provisions of such mortgage or upon conveyance of the holder has given the Monitoring Agent Property in lieu of foreclosure, and provided that such g g g ' and the Municipality not less than(60) days prior written notice of its intention to foreclose upon its mortgage or to accept a conveyance of the Property in lieu of foreclosure,the rights and restrictions contained herein shall not apply to such holder upon such acquisition of the Property, any purchaser(other than an Interested Party) of the Property at a foreclosure sale conducted by such holder, or any purchaser(other than an Interested Party) of the Property from such holder, and such Property shall thereupon and thereafter be free from all such rights and restrictions. m 6 ' (b) In the event such holder, conducts a foreclosure or other proceeding enforcing its rights under such mortgage and the Property is sold for a price in excess of the greater of(i) the sum of the outstanding principal balance of the note secured by such mortgage plus all future advances, accrued interest and all reasonable costs and expenses which the holder is entitled to recover pursuant to the terms of the mortgage;provided the original principal and advances shall ' not exceed the Maximum Resale Price and(ii) the Maximum Resale Price applicable on the date of the sale, such excess shall be paid to the Municipality in consideration of the loss of the value and benefit of the rights and restrictions herein contained held by the Municipality and released by the Municipality pursuant to this section in connection with such proceeding(provided, that in the event that such excess shall be so paid to the Municipality by such holder,the Municipality shall thereafter indemnify such holder against loss or damage to such holder resulting from any claim made' by the mortgagor of such mortgage to the extent that such claim is based upon payment of such excess by such holder to the Municipality in accordance herewith,provided that such holder shall give the Monitoring Agent and the Municipality prompt notice of any such ' claim and shall not object to the intervention by the Municipality in any proceeding relating thereto.) In order to determine the Maximum Resale Price of the Property at the time of foreclosure or other proceeding, the Municipality may, at its own expense, obtain an appraisal of the fair market value of the Property satisfactory to such holder. The Maximum Resale Price shall be equal to the appraised fair market value so obtained, multiplied by the Discount Rate assigned to the Property. If the holder disagrees with such appraised value, the holder may ' obtain a second appraisal, at the holder's expense and the Maximum Resale Price shall be equal to the average of the two appraisal amounts multiplied by the Discount Rate. To the extent the Grantee possesses any interest in any amount which would otherwise be payable to the Municipality under this paragraph, to the fullest extent permissible by law,the Grantee hereby assigns its interest in such amount to said holder for payment to the Municipality. 5. Covenants to Run With the Property: (a) The Grantor and the Grantee, for good ' and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,hereby grant and assign to the Municipality,the Municipality's agents, successors,designees and assigns the right of first refusal to purchase the Property as set forth herein, and to the Monitoring Agent and the Municipality the right to enforce the rights and restrictions, covenants and agreements set forth in this Deed Rider. The Grantor and the Grantee hereby grant to the ' Monitoring Agent and the Municipality the right to enter upon the Property for the purpose of enforcing any and all of the restrictions, covenants and agreements herein contained, and of taking all actions with respect to the Property which the Monitoring Agent and/or Municipality V may determine to be necessary or appropriate,with or without court order,to prevent,remedy or abate any violation of the restrictions, covenants and agreements set forth herein. The rights hereby granted to the Monitoring Agent and the Municipality shall be in addition to and not in ' limitation of any other rights and remedies available t6 the Grantor or the Monitoring Agent or to the Municipality for enforcement of the restrictions, rights, covenants and agreements set-forth in this Deed Rider. It is intended and agreed that all of the agreements, covenants,rights and restrictions set forth above shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee, the Grantee's successors and assigns and any party holding title to the Property for the benefit of and enforceable by the Monitoring Agent, I and/or the Municipality, the Monitoring Agent' and/or Municipality's agents, successors, designees and assigns for a period which is the shortest of(i) ninety-nine years from the creation of the restriction, (ii) upon the recording of a Compliance Certificate, or(iii) upon the recording 7 of an Eligible Purchaser Certificate and a new Deed Rider executed by the eligible purchaser referenced in the Eligible Purchaser Certificate, which new Deed Rider the Eligible Purchaser Certificate certifies is in form and substance satisfactory to the Municipal Purchaser Certificate as set forth herein. The Monitoring Agent shall be entitled to a fee of one-half of one percent of the established maximum sales price of the unit to the Municipality or an eligible purchaser for the services performed according to the Monitoring Services Agreement(and referenced in the ' Regulatory Agreement). This fee shall be paid by the Grantee as a closing cost at the time of closing. (b) This Deed Rider and all of the agreements, restrictions, rights and covenants contained herein shall be deemed to be an affordable housing restriction as that term is defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32, and 33. (c) The Grantee intends, declares and covenants on behalf of itself and its successors and assigns (i)that this Deed Rider and the covenants, agreements,rights and restrictions contained herein shall be and are covenants running with the land, encumbering the Property for the term of this Deed bindingu the Grantee's successors in title ii Rider, and are on p , ( ) are not merely personal covenants of the Grantee, and(iii) shall bind the Grantee, its successors and ' assigns and enure to the benefit of the Municipality and their successors and assigns for the term of the Deed Rider. Grantee hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Deed Rider to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (d) Without limitation on any other rights or remedies of the Grantor,the Monitoring Agent, the Municipality,their agents, successors,designees and assigns, any sale or other transfer or conveyance of the Property in violation of the provisions of this Deed Rider, shall,to the maximum extent permitted by law,be voidable by the Municipality or the Monitoring Agent, their agents, successors, designees and assigns by suit in equity to enforce such rights, restrictions, covenants, and agreements. 6. Notice: Any notices,.demands or requests that may be given under this Deed Rider shall be sufficiently served if given,in writing and delivered by hand or mailed by certified or registered mail,postage prepaid,return receipt requested, to the parties hereto at the addresses set for below, or such other addresses as may be specified by any party by such notice. '. Municipality: - ' Grantor: f 8 Grantee: Monitoring Agent: ' Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 7. Further Assurances: The Grantee agrees from time to time, as may be reasonably ' required by the Monitoring Agent or the Municipality, to furnish the Monitoring Agent and the Municipality with a written statement, signed and, if requested, acknowledged, setting forth the condition and occupancy of the Property, information concerning the resale of the Property and all other information pertaining to the Property or the Grantee's eligibility for and conformance with the Regulatory Agreement for this Project. 8. Waiver: Nothing contained herein shall limit the rights of the Monitoring Agent and/or the Municipality to release or waive, from time to time, in whole or in part, any of the rights, restrictions, covenants or agreements contained herein with respect to the Property. Any such release or waiver must be made in writing and must be executed by the Monitoring Agent and/or the Municipality or designee. 9. Severability: If any provisions hereof or the application thereof to any person or circumstance shall come, to any extent, to be invalid or unenforceable, the remainder hereof, or the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. i10. Responsibility of the Monitoring Agent. The Monitoring Agent shal not be held liable for any action taken or omitted under this Agreement so long as it shall_ have acted in good faith and without gross negligence. ' 11. Indemnity. The Developer agrees to indemnify and hold harmless the Monitoring ' Agent against all damages, costs and liabilities, including reasonable attorney's fees, asseited against the Monitoring Agent by reason of its relationship with the Project under this Agreement ' and not involving the Monitoring Agent acting in bad faith and with gross negligence. Executed as a sealed instrument this day of , 199_. 9 ' Grantor: BY Name Title Grantee: By ' Name Title • a 1O • COMMONWEALTH OF MASSACHUSETTS County of , ss , 199_ ' Grantor, and acknowledged the Then personally appeared the above-named g foregoing instrument to be his/her free act and deed, before me. Notary Public - My commission expires: COMMONWEALTH OF MASSACHUSETTS iCounty of , ss , 199_ Then personally appeared the above-named ,Grantee(s), and acknowledged the foregoing instrument to be his/her free act and deed, before me. Notary Public ' My commission expires: J " 11 4 6 yP�pFIKE ip Town of Barnstable "I� Zoning Board of Appeals `— * BARNSTAHLE, gap MASS. Planning Division, 200 Main Street, Hyannis,Massachusetts 02601 ArED39 rA�e Tel: (508)862-4785 Fax: (508) 862-4725 Date: July 8, 2002 To: Thomas Perry, Building Commissioner Town of Barnstable,Building Division From: Ron S.Jansson, Chairman File letters-2002-M-Settlers-transrr tal.doc Reference: Transmittal of Chapter 40B, Comprehensive Permit Remand Application—.1ka—tAkside V dll ge`Condomin ums, a 168-unit development Enclosed is a package of materials submitted by Jacques N. Morin,Trustee of Settlers Landing Realty Trust, to the Zoning Board of Appeals on a remand of Comprehensive Permit 2000-85. The remand proposes a change from a 56-unit single-family ownership development to a 168-unit attached townhouse condominium development for residents' age 55 and older. The remand is in accordance with MGL Chapter 40B,Affordable Housing. The application proposes 42 of the 168 units to be affordable under the Massachusetts Housing Finance Agency Housing Starts Program. — _ -- - CThe_ ro er is_a 13.36>acre-site-accessed-throe h 310-Castlewood Circle Il annis_MA slid o R—p �' g �_ Y Assessor's Map 273 as Parcels 122 and 032 in.Residential C-1-and B-Business'Zoning Districts. The Comprehensive Permitting process designates the Zoning Board of Appeals as the single permitting agency. The Board would like to know if you have any concerns and/or issues that need to be addressed and resolved prior to its decision on this application. The Board would appreciate any suggestions that could be put into possible conditions to impose in the permit should it be issued. Those conditions should be developed to assure that the proposed development: w • Provides a needed, safe and secure place to live • Has provision for adequate transportation,public and private utilities and emergency services, and • Is constant with adopted local and regional plans and needs and is in the best interest of the Town and its residents. A Public Hearing on this permit will be held at 7:30 PM,August 07, 2002,in the Town Hall Hearing Room. If you could provide your review prior to July 30, 2002 it would be appreciated. Should you need additional information,please contact Art Traczyk,Principal Planner or Sheila Geiler at 862- 4685. caa `� PARK►SIDE VILLAGE CONDOMIl%i"S Application for Comprehensive Per Barnstable Zoning Board of Appeals f Table of Contents 1. Application and Memorandum 2. DHCD Regulations 3. Attachment A- Documentation of Applicant Status 4. Attachment B - Agency Commitment Letter 5. Attachment C - Documentation of Applicants Interest in the Property 6. Attachment D - Property Location Map with 300ft. Abutter Ring 6. Attachment E - Existing Conditions Property Survey 7. Attachment F - Project Description Narrative 8. Attachment G- Project Site Plan and Architectural Plans 9. Attachment H - Project Financial Proforma/Housing Starts Application 10. Attachment I - List of all Public Agencies/Boards/Commissions which would normally review the application and for which waivers from the Zoning Board are being sought 11. Attachment J- List of Requested waivers 12. Attachment K- Developers Experience 13. Attachment L - MHFA Housing Starts Program Deed Rider 14. Attachment M- MHFA Housing Starts Program Regulatory Agreement 15. Attachment N- MHFA Housing Starts Program Monetary Services Agreement ,y MASS, o� BANNS ELM ` K+ V TOW J OF BARNSTABLE Zoning Board of Appeals Application fort Comprehensive Permit pursuant to MGL Chapter 40B, Sections 20-23 and 760 CMR 30.00&31.00 Date Received - For office mss,anUv Town Clerk's Office: Appeal# �D_o o " S' Hearing Date Decision Due The undersigned hereby applies to the Zoning Board of Appeals for a Comprehensive Permit pursuant to MGL Chapter 40B, Sections 20-23 and 760 CMR 30.00&31.00: Applicant Name hers La,tJLQ3 l�ea(�H Tr�J� , Phone: $�� g " �foX 2200 Applicant Address: 30a eart��S l�Jgu, lftia.,^�s•-o�GoFax. SD 8 Applicant Status: (Check one) [ ] Public Agency [ ]Non-Profit Organization [einited Dividend Corporation Attachriment A-.Attach Documentation of Applicant Status Subsidizing Agency: met S'5-OL C ySP lt{-S KcsuSi n g �i �c e c1 ���N Subsidy Program: 40c, i F Attachment B-Attach Agency Commitment Letter Property Location: 0 woc C' e12 K a `1 Property Owner. , Phone:.3-d Address of Owner: ��e ✓�'Ic�r✓l ea 1f ti 300 'gee way -�` A Attachment C-Attach Documentation.of Applicant's Interest or Ownership in the Property Assessor's Map/Parcel Number: X r7 3 1. Zoning District: C - 1 a-rot' 13 031 Number of Years Owned: 121 v I!I` Groundwater Overlay District: Attachment D-Property Location Map with 300 Foot Abutter Ring -Existing Level of Development.of the Property-Number of Buildings: (if applicable) VA CA,1 f' P �Y Ci s . ft. Present Use(s): VA ant Gross Floor Area: ✓l q Attachment E-Existing Conditions Property Survey Applicant's interest-if owned-attached copy of recorded deed(s),if under contract attached copy of all Purchase&Sales Agreement Name of Proposed Development: �Q k �'a�� L!c t laa Co rt d, �, �, r L. -s w Short Project Description2: y�✓►n i� -•'>/s, a c_C �� Y u i FS . b o Sa 7- a✓�n c. x,' ,�-,k�r l�r G�h d G�/e c� 1! a PaS�/ d✓ti 41;L_ cri+i FS are Attachment F-Project Description/Narrative Attachment G-Project Site Plan and Architectural Plan(s) Attachment H-Project Financial Proforma Attachment 1-List of all public agencies, boards..and Commissions who's review and approval would normally be required of the project and for which the applicant is seeking variance, waivers and approval from the Zoning Board of Appeals in accordance with MGL Chapter 40B Attachment J-List of all Section of the Zoning Ordinance that applicant seeks variances from the Zoning Board of Appeals in accordance with MGL Chapter 40B Development Team Applicant's Attorney: V +er- Z. . Free•yt a i , Phone: .fa�_ 36,Z Address: W ( 1n w Sf-- . Fax: y a r rbI V'_ h1OQ- , ,71 xG '?1— Applicant's Engineer: 1Dcwn C Q4e- 7Zn c . Phone: Address: q 39 ✓✓l a• S fax: Applicant's Architect: 13 r vc ✓ r•✓1 Phone: Address: 1 n1 M1,1/1. ^14 Fax: m a.6 a s' Attachment 1-Developers Profile-Narrative of Developer's experience and qualification to successfully complete project Signature: Date: 7 O � Applicants or Representative's Signature .Representative's Address: i w t f c w Sf Phone:S-d.S - 34 A - '-/7 0 0 A/I'10V�4a0 � , 0.2C12f Fax No.: Sob 362 - 9.. Zk Z Note-Project Description should include.total number of units,type of units,number of bedrooms,building area,acreage,number affordable and other information as applicable. This description will be used in drafting the public notices. ti 760 CMR: DEPAirrmENT OF HOUSING AND COMMUNrrY DEVELOPMENT-HOUSING APPEALS COMMITTEE been no evaluation of the laws'effcctiveness since its inception in 1969. The necessity for an overall analysis of the law was apparent especially in light of the legislation that had been sponsored to address specific aspects of the law, not the law in its entirety." (P. 11 "Overall, the Commission received verysitive ) testimony regarding the need for c. 774 comprehensive permits wit [he) exception of a few testifying. Most everyone agreed that without c. 774 there would be no affordable housing production in the Commonwealth and that efforts to weaken the law should be discouraged." (p. 20) The Commission recommended no changes in the statute, but made nearly fifty specific recommendations for programmatic and regulatory changes which "received unanimous, bipartisan Commission approval on March 10, 1989." (p. 21) "The Commission's recommendations reflect the need... to foster local initiative responses for the production of affordable housing. The goal of these changes is to increase the stock of affordable housing in all ii communities in the Commonwealth while, respecting the individual needs of eac&, community. The recommendations allow responsive municipalities to shape the means of production of affordable housing within its (sic) own borders and to have greater control in the comprehensive permit process without discouraging development." (p. 28) As a result of the recommendations, regulations creating the Local Initiative Program and concerning Community Participation in Subsidized Housing Development were promulgated by the Executive Office of Communities and Development. Though these regulations (760 CMR 45.00 and 46.00, respectively) are not regulations of the Housing Appeals Committee, they are sufficiently related that reference to them may be useful. (4) Under this Act, the municipal zoning board of appeals is given unique powers to carry out the directives of the General Court, and is authorized to give effect to such regulations and requirements on the construction of such housing as are consistent with the purposes of the Act, but no others. When a board of appeals denies an application for a comprehensive permit under this Act or imposes conditions on the permit which would make the development uneconomic, then eligible applicants for permits to construct such housing may appeal to a Housing Appeals Committee in the State Department of Community Affairs. Said Committee is authorized to sustain or reverse the action of the local board of appeals and may order a permit to issue subject to conditions appropriate to the purposes of the Act. All petitions for review of the actions of a local board are to be heard by the Housing Appeals Committee in accordance with rules and regulations established by the Commissioner of the Department of Community Affairs as required by the Act. 30.02: Definitions - As used in 760 CMR 30.00 and 31.00, except as otherwise required by the context: (a) Adiudicatory proceeding shall be as defined in M.G.L. c. 30A, § 1. (b) Board shall mean a local Board of Appeals established by M.G.L. c. 40A, § 14. (c) Commiitte'e means the Housing Appeals Committee, also referred to as "H.A.C." (d) Departmen(means the Massachusetts Department of Community Affairs ` within the Executive Office of.Communities and Development, as established and existing pursuant to M.G.L. c. 23B and c. 6A. (e) Housing need means the regional need for low and moderate income housing considered with the number_of low income persons in a city or town. (f) Limited Dividend Organization means any applicant which proposes to sponsor housing under M.G.L. c..4013; and is not a public agency; and is eligible to receive a subsidy from a state or federal agency after a comprehensive permit has been issued and which, unless otherwise governed by a federal act or regulation, agrees to limit the dividend on the invested equity to no more than that allowed by the applicable statute or regulations governing the pertinent housing program. 1/4/91 2 760 CMR: DEPARTMENT OF HOUSING AND COMMUNrry DEVELOPMENT-HOUSING APPEALS COMMMEE (g) Local board means any local board or official, including, but not limited to any board of survey; board of health; planning board; conservation commission; historical commission; water, sewer, or other commission or district; fire, police, traffic, or other department; building inspector or similar official or board; city council or board of selectmen. All boards, regardless of their geographical jurisdiction or their source of authority (that is, including boards created by special acts of the legislature or by other legislative action) shall be deemed local boards if they perform functions usually performed by locally created boards. (h) Local concern means the need to protect the health or safety of the occupants of proposed housing or of the residents of the city or town, to protect the natural environment, to promote better site and building design in relation to the surroundings, or to preserve open spaces. (1) Local requirements and regulations mean all local legislative, regulatory, or other actions which are more restrictive than state requirements, if any. 6) Low income persons means all persons who, according to the latest available United States Census, reside in households whose net income does not exceed the maximum income limits for admission to public housing, as established by the Department. The Department's calculation shall be presumed conclusive on the Committee unless a parry introduces authoritative data to the contrary. Data shall be authoritative only if it is based upon a statistically valid, random sample or survey of household income conducted in the relevant area since the latest available U.S. Census. (k) Low or moderate income housing means any units of housing subsidized by federal and/or state government and/or local housing authority under any i program to assist the construction or substantial rehabilitation of low or moderate income housing, as defined in the applicable federal or state statute or regulation, whether built or operated by any public agency or non-profit or I Limited Dividend Organization. No unit of housing under the federal leased housing program or a state rental assistance program or any housing allowance program shall be considered to be low and/or moderate income housing unless such unit is constructed or substantially rehabilitated under a state or federal housing subsidy program in addition to the subsidy-provided through leased housing, state rental assistance, or housing allowance program. The procedures in 760 CNIR 31.04 further define low or moderate income housing for purposes of determining whether the city or town has met any of its i statutory minima. Q) Open spaces means land areas, including parks, parkland, and other areas which contain no major.structures and are reserved for outdoor recreational, conservation, scenic, or other similar use by the general public through public acquisition, easements, long-term lease, trusteeship, or other title restrictions which run with-the land. (m) Pam shall be as defined in M.G.L. c. 30A, § 1. (n) Public housing means housing owned, operated, or managed by a local housing authority, or leased under the auspices of a local housing authority. (o) Subsidy means the grant, through a federal or state housing program to assist the construction of low or moderate income housing, including a local housing program approved by the Executive Office of Communities and Development, of direct financial assistance; of indirect financial assistance through insurance, guarantees, or other means; of in kind assistance; of technical assistance; or of other supportive services. This definition conforms to the legislative intent expressed in the Report of the Special Corhmission Relative to the Implementation of Low and Moderate Housing Provisions (1989), and includes assistance through the Local Initiative Program, 760 CMR 45.00, and similar programs. (p) Subsidizing agency means any agency of state or federal government which subsidizes the construction or substantial rehabilitation of low or moderate income housing and any housing authority acting pursuant to M.G.L. c. 121B, § 26(m). 1/-I/91 3 f 760 CMR: DEPARTMENT OF HOUSING AND COMMUNrrY DEVELOPMENT-HOUSING APPEALS COMMITTEE 760CMR 31.00: HOUSING APPEALS COMMITTEE: CRITERIA FOR DECISIONS UNDER M.G.L.c. 40B, §§20-23 Section 31.01: Jurisdictional Requirements 31.02: Local Action Prerequisite 31.03: Changes in Applicant's Proposal 31.04: Computadonof Statutory Minima 31.05: Scope of the Hearing 31.06: Burdens of Proof 31.07: Evidence 31.08: Decision and Appeal 31.09: Enforcement 31.10: Revocation of Outstanding Regulations 31.01: Jurisdictional Requirements (1) To be eligible to submit an application for a comprehensive permit or to file or maintain an appeal before the Committee,the applicant and the project shall fulfill the following jurisdictional requirements: (a) The applicant shall be a public agency,a non-profit organization,or a limited dividend organization. (b) The project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program. (c) The applicant shall control the Site. (2) A project shall be presumed fundable if a subsidizing agency makes a written detenminationof Project Eligibility or Site Approval. Thereafter,the project shall be considered fundable unless there is sufficient evidence to determine that the project is no longer eligible for a subsidy. I (3) Either a preliminary determination in writing by the subsidizing agency that the applicant has sufficient interest in the site, or a showing that the applicant,or any entity fifty percent or more of which is owned by the applicant,owns a fifty percent or greater interest, legal or equitable, in the proposed site, or holds any option or contract to purchase the proposed site, shall be considered by the Board or the Commiaee to be conclusive evidence of the applicant's interest in the site. (4) A determination of Project Eligibility or Site Approval shall be for a particular financing program. A change in the program under which the applicant plans to receive financing shall require a new determination,and may be deemed a substantial change pursuant to 760 CMR 31.03. An applicant may proceed under alternative financing programs if the application to the Board or appeal to the i Comminee so indicates and if full information concerning the project under the ! alternative financing arrangements is provided. (5) Failure of the applicant to fulfill any of the requirements in subsection(1) inay be raised by the Committee,the Board,or a parry at any time,and shall be cause for dismissal of the application or appeal. No application or appeal shall be dismissed,however, unless the applicant has had at least sixty days to remedy the failure. 31.02: Local Action Prerequisite e (1) In order to appeal to the Committee,an applicant shall have applied to the Board for a comprehensive permit in accordance with M.G.L.c.40B, § 21 and shall have been denied such permit or shall have been granted such permit with conditions which it alleges make the building or operation of such housing uneconomic. I (2) In order to appeal to the Committee,the applicant shall have submitted to the Board an application and a complete description of the proposed project. The items listed below will normally constitute a complete description. Failure to submit a particular item shall not necessarily invalidate an application. Upon motion by either parry during an appeal, the Committee may determine whether such item,or any 1/4/91 11 760 CMR: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT-HOUSING APPEALS COMMITTEE (c) alternatively, in either case, the conditions would result in a subsidizing agency refusal to fund. See 760 CMR 31.07(1)(f). (4) In the case of either a denial or an approval with conditions, the applicant may prove that local requirements or regulations have not b6en applied as equally as possible to subsidized and unsubsidized housing. The applicant shall have the ; burden of proving such inequality. Board's Case (5) In any case, the Board may show conclusively that its decision was consistent with local needs by proving that one of the statutory minima described in 760 CMR 31.04 has been satisfied. The Board shall have the burden of proving satisfaction of such statutory minima. t (6) In the case of denial, the Board shall have the burden of proving, first, that I there is a valid health, safety, environmental, design, open space, or other local concern which supports such denial, and then, that such concern outweighs the regional housing need. (7) In the case of an approval with conditions in which the applicant has presented evidence that the conditions make the project uneconomic, the Board shall have the burden of proving, first, that there is a valid health, safety, environmental, design, open space, or other local concern which supports such conditions, and then, that such concern outweighs the regional housing need. (8) In the case of either a denial or an approval with conditions, if the denial or conditions are based upon the inadequacy of existing municipal services or infrastructure, the Board shall have the burden of proving that the installation of services adequate to meet local needs is not technically or financially feasible. Financial feasibility may be considered only where there is evidence of unusual topographical, environmental; or other physical circumstances which make the installation of the needed service prohibitively costly. Applicant's rebuttal (9) In the case of a denial or an approval with conditions, the applicant shall have the burden of proving that preventive or corrective measures have been proposed which will mitigate the local concern, or that there is an alternative means bf protecting local concerns which makes the project economic. 31.07: Evidence (1) Presumptions. The following shall be rebuttable presumptions: (a) Fundability/Project Eligibility or Site Approval - See 760 CMR 31.01(2). (b) Site Control - See 760 CMR. 31.01(3). (c) Housing Unit Minimum/Subsidized Housing Inventory -See 760 CMR 31.04(1)(a). (d) Consistency with local needs/Certificate of Performance - Where a municipality has received Certification of Performance, a Board decision made pursuant to the Housing Development Action Plan approved by the Executive Office of Communities and Development shall be presumed consistent with local needs. See 760 CMR 46.09. (e) Regional-housing need/Statutory minima - Proof that a town has failed to satisfy one of the statutory minima described in 760 CMR 31.04(1) and (2) shall create a presumption that there is a substantial regional housing need which outweighs local concerns. Board of Appeals of Hanover v. H.A.C., 363 Mass. 339, 367, 294 N.E.2d 393, 413 (1973). (f)- Uneconomic/Agency refusal to fund - Proof that the subsidizing agency will not fund,the project because of a condition imposed by the Board, that the applicant has requested a waiver of the subsidizing agency requirement that . leads to this result, and that the subsidizing agency has denied a waiver, shall be conclusive evidence that the condition of the Board makes the project uneconomic. 1/4/91 16 i ATTACHMENT A DOCUMENTATION OF APPLICANT STATUS See Declaration of Trust of Settlers Landing Realty Trust, attached. f r I LE No. 523 0$iO3 '00 15:24 I D:LAN I EP,Faa(6500 PAGE DECLARATION OF TRUST ESTABLISHING SETTLERS LANDING REALTY TRUST i, Jacques N. Morin,of 300 Rearses Way, Hyannis, NIA 02601,hereby declare that I held any and all property that may be conveyed to me us Trustee hereunder for the, sole benefit of the beneilcittries for the tune being hereunder, upon the terms herein set forth. 1. 'fhc term."Trustee"or "Trustees," wherever used herein, shall include such person or persons who hereafter are serving as Trustee of Trustees hereunder, and the rights,powers, authority and privileges granted hereunder to the Trustees may he exercised by such person Or persons, subject to the provisions)hereto('. 2. The Trust hereby established shall be known us "SETTLERS LANDING REALTY TRUST" 3, The original beneficiaries of this Trust are shown.on the Schedule of Beneficial Interests executed this day by them and the Trustees, And filed with the Trustees. 4. The Trustee shall hold the property conveyed to him as Trustee, and receive all the gains and profits therefrom for the benefit of the beneficiary or beneficiaries from time to time (hereinafter called the °beneficiaries"), and shall snake all distributions pursuant to the directions of the beneficiaries. Provided, however, the Trustee acknowledges and agrees that the Trust has been Cormed for the purpose of qualifying as a linited dividend organization as.defined in the Code of Massachusetts Regulations at Chapter 760,Section 30.02 (f)and 37.02 (9)as amended,and by the Commonwealth of Massachusetts Housing Appeals Committee. The'Crust will sponsor low or moderate income housing developments as defined in Massachusetts General Laws, Chapter 40B, Sectiuns 20-23,and the regulations promulgated pursuant thereto,and will participate in the New England Fund Program of the Federal [ionic Loan Bank of Boston or other housing, programs eligible utider said statute and regulations. In recognition and consideration of the . foregoing the Trust will Operate under the following, restrictions which may not be amended or deleted until every such development has Keen completed and all program requirements complied with: The Trust shall not engage in any activity or take any fiction with respect to the completion of any development in which the Tmyt shall realize a profit of more than twenty percent(20%) of total development costs,as defined in the applicable program. Furthermore, the Trust shall lint muke any distribution nor declare any dividend which would constitute a profit exceeding twenty percent(2VA)of total development -1- FILE No. 523 08/03 '00 15:24 ID:LPNIERFAh6500 PAGE c casts, as above defined and shall comply with all requirements of the New England Fund Program or other eligible program in connection with development of low or moderate income housing under.the Statute. 5. Subject to the consent of the beneficiaries, the'1•rustees shall have Full power and authority to deal with all property conveyed to them as Trustees hereunder. The Trustees shall have full legal title to all limperty of the Trust,wherever located or situated, at any time held or received by them as Trustees wider terms of this Trust. h. Except as expressly provided in this instrument, the Trustees shall have no power to deal in or with the Trust Estate, except as directed by tite beneficiaries. When,as,if and to the extent specifically directed by the beneficiaries, the Trustees shall have full power and authority to sell. assign., mortgage,deal with, or otherwise dispose of all or any part of tale Trust property (including, without limitation,the full power and authority to delegate, by a writing signed by one Trustee, to any person or persons,acting singly or together with others, mid whether of not serving;as a Trustee hereunder, full power and authority to sign checks, drafts, notes, bills of ET instruments or orders tier the payment, transl�er or exchange,acce t��rtees tuidertakingsand olh P Y withdrawal ol'money for whatever purpose and to whomsoever payable, including those:dtu%vn to the individual.order cif a signer, and all waivers of demand, protest, notice of.protest or dishonor of any check, note, bill,draft or other instrument made,drawn ot•endorsed in the name of said crust), and as lessor or as lessee, to execute and deliver looses and sub-leases,and to borrow money and to execute and deliver notes or other evidence of such borrowing, and to grant or acquire rights or easements and enter into agreements or arrangetuents with respect to the Trust property. Any one Trustee may exercise the powers of all Trustees hereunder. 7. Any and all instruments executed pursuant to powers herein contained may create obligations extending over any periods of time, including periods extending beyond the date of any possible termination of this Trust. , b. Notwithstanding any prdvisions contained herein no Crustee shrill be required to take any action which will, in the Opinion of such Trustee, involve him in any personal liability unless first indemnified to his satisfaction. Any person dealing with the Trustees shall be fully protected in accordance with the provisions of Section 16 hereof. 9. The Trust shall terminate ninety nine (99)years after the life of the last to die of Jacques N. Morin,unless sooner terminated as hereinafter provided. 10. Any Trustee hereunder mayresign by written instrument signed and acknowledged by such Trustee and recorded with Barnstable Registry of Deeds. 11. Sucw.e;ding,or additional Trustees may be appointed or any Trustee removed by an instrument or instruments in writing, sighed by the beneficiaries, provided, in such ease, that such instrument or instruments, or a certificate by any'frustee stating that a Trustee or Trustees have been so appointed or removed,and, in the case of any appointment,the acceptance in writing by the Trustee or Trustees appointed,shall be recorded with said Deeds. -2- FILE No. 523 08/03 '00 15:25 ID:LANIERFAX6500 PAGE Notwithstanding the foregoing, in the event of the death ol'a Trustee or resignation of a Trustee pursuant to Section 10 hereof, prior to the appointment and acceptance of appoinunent oi'a successor or additional Trustee, then Martha M. Morin of 300 Rearses Way, Hyannis, MA 02601. shall become the Successor Trustee hereunder, effective upon the recording at said Deeds of his acceptance of appointment and of either a Death Certificate or resignation, as applicable, of the previous Trustee. 12. Upon the appointment of any succeeding Trustee, the title to the trust estate shall thereupon,and without the necessity of any conveyance, be vested in said succeeding Trustee jointly with the remaining Trustees, if any. Each succeeding;Trustee shall have all the rights, powers, authority and privileges us if named as an original Trustee hereunder. 13. No Trustee shall be required to furnish bond. 14. The Declaration of Trust maybe amended from time to time by an instrument in writing signed by the then Trustee(s)hereunder and audiorired by the beneficiaries and acknowledged by such Trustee(s)or beneficiaries, provided, in each case, that the instrument of amendment, or a certificate b the Trustee(s)setting forth the terms of such amendment, shall he recorded with said Deeds. 15. No Trustee hereunder shall he liable for any error or judgment nor for any loss arising out of any act or omission in good faith, by such 'fustee, by any other Trustee or by any agent e1Z7ployce or representative of the Trustee, but shall be responsible only for his own willful breach of trust. The Trustees and each agent,employee or representative of the Trustees sltall be entitled to reimbursement out of the Trust property for his or their reasonable expenses and outlays and shall be indemnified and reimbursed for any personal loss,cost, liability,expense or damage by them or any of'them incurred or suffered in the administration of the Tmst property or in conducting;any business or performing any act authorized or permitted by this Trust,but such indemnity or reimbursement shall be limited to the'('rust property and,no beneficiary shall 'cutrrt sh all l requisite e be personally or individually liable therefor to any extent. No license c 1 iall bc, rc quls ' entered into b the Trustee. No purchaser or lender shall be to the validity o1 tray transaefion y under any liability to see to die application ofthe purchase money or dl'any money or property located or delivered to the'TTustees, or to See that the terms and conditions of this Trust have been complied with. 16. Every agreement, lease,deed,mortgage or Other instrument executed by any one Trustee shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that, at the time of the delivery thereof, this'Trust was in full farce and effect and that the execution and delivery thereof was duly directed by the beneficiaries. 'hire powers of the Trustees may be exercised by any one.of the Trustees,and every agreement, lease,deed, mortgage or other instrument executed by any one Trustee shall be valid and binding on all Trustees and this Trust. Any person dealing with the Trust property or the Trustees may always rely,without further inquiry, on a certificate signed by any one person,appearing 1T0111 the records of said _3.. I FILE No. 523 0843 '00 15:26 ID:LANIERFPX6500 PAGE 5 Deeds, to lie'Trustee hereunder W to who Are the trustees or the beneficiaries hereunder, or as it) the authority of the'Trustees to act,or as to the existence or non-existence of any fact or facts which constitute conditions precedent to acts by the Trustees,or which are in any other manner gennane to the affairs of this Trust. 17. Notwithstanding anything to the contrary herein contained, the Trustee shall havc authority to hypothecate or mortgage all or any part of the Trust property on such terms as the Trustees may deem advisable. 18. Except as otherwise herein provided,every act or thing done and every power exercised or obligation incurred by a.Trustee in the administration of this Trust or in connection with any business property or concerns of.this Trust, whether ostensibly in his own name or in his capacity as Trustee,shall be done,exercised or incurred by him as a Trustee and not as an individual;and every person contracting or dealing with the Trustees or any of them or having any debt, cla.itn or judgment against them shall look only to the funds and property of the Trust for payment or satisfaction;and no Trustee, beneficiary or agent of the 'Trust Shall never be personally liable for or on account of any contract, debt, tort,claim,damage,judgment or decree arising out of or in connection with the Trust property or the conduct of the business of the Trust. A stipulation or notice to this effect may bo inserted in any contract or instrument executed by the Trustees or tlicir agents, but the omission thereof shal I not be construed as a waiver of the foregoing;provision and shall not.render the'Trustees or their agents personally liable. Notwithstanding the lirregoing, however, the restrictions contained within this Paragraph shall not airply to any agreement or obligation,provided the same is in writing,and further provided the sigriature ol'the Trustee involved appears immediately above or next to the work "individually". WITNESS the execution hereof unde al, this day or August,2000. •Yi / cquer+N. Morin COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. 2000 Then personally appeared the above-named JACQIJFS N. MORIN and acknowledged the lbregoing, instrument to be his free act and deed before me. Notary Public My Commission Expires: z ,_ & -4- I ATTACHMENT B AGENCY COMMITMENT LETTER See letter from Massachusetts Housing Finance Agency, Housing Starts Program, to be submitted under separate cover. f ATTACHMENT C DOCUMENTATION OF APPLICANT'S INTEREST IN THE PROPERTY See copy of Purchase and Sale Agreement with Martha Morin, owner, attached. From the Office of: STANDARD FORM LAND PURCHASE AND SALE AGREEMENT 3.PARTIES This 7th day of May 20 02 AND MAILING Martha M. Morin of 300 Bearses fay. Hyannis. MA 02601 ADDRESSES f hereinafter called the SELLER,agrees to SELL and (fill in) Jacques N. Morin, Trustee of settlers Landing Realty Trust, under declaration of trust dated August 3, 2002. hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the following described premises: 2% DESCRIPTION r The land on Castlewood Circle, Hyannis, MA. , known as (tdl in and include titlen;ference) assessors map 273, Parcel 122, for sellers title see deed r. recorded in Barnstable Registry of Deeds in Book 12119, Page 311. 31 TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER,or to e h (1H in) nominee designated by the BUYER by written notice to the SELLER at least seven days Insert proposed use before the deed is to be delivered as herein provided,and said deed shall convey a good and clear record of property in(d). and marketable title thereto,free from encumbrances,except include in(e)by (a) Provisions of existing building and zoning laws; specific reference any (b) Such taxes for the then current year as are not due and payable on the date of the delivery of restrictions,ease- such deed; _ ? ments,leases, (c) Any liens for municipal betterments assessed after the date of this agreement; 1 municipal and other (d) Easements, restrictions and reservations of record,9 any,so long as the same do not prohibit or. 3 liens and other materially interfere with the use of said premises for purposes; encumbrances. (e) for the development of 168 Condominium units Y 4 PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration. F 55 REGISTERED In addition to the foregoing,if the title to said premises is registered,said deed shall be in form sufficient TITLE for issuance of a Certificate of Title of said premises, and the SELLER shall deliver with said deed all instruments,if any,necessary to enable such Certificate of Title to be issued. 6F PURCHASE PRICE The agreed purchase price for said premises is $ 1,275,000.00 (fill in);space is allowed to write One Million Two Hundred and Seventy-Five out the amounts Thousand dollars,of which if desired $ 10,000.00 have been paid as a deposit this day and $ $ are to be paid at the time of delivery of the deed in cash,or by certified, cashier's,treasurer's or bank check(s). t $ 1,275,000.00 TOTAL 7, TIME FOR Such deed is to be delivered at 10 o'clock A M.on the 12 day of PERFORMANCE, December 20 02 ,atthe Barnstable DELIVERY OF DEED(rill in) Registry of Deeds, unless otherwise agreed upon in writing. It is agreed that time is of the essence of this agreement E i COPYRIGHT®1979,1984,1986,1987,1988, All rights reserved. This form may not be copied or 1999,2000 reproduced in whole or in part in any manner GREATER BOSTON REAL ESTATE BOARD EQUAL HOi1SING whatsoever without the prior written consent of the t FORM NO. RA153 OPPORTUNITY Greater Boston Real Estate Board. y '$bis foam was created by JACQUES MOR3N using a-yoMM. a-yoMm is copyright protected and way not be used by any other party ,k -y B.? POSSESSION and Full possession of said premisesfree ofall tenants and occupants, except as herein provided, is to be i CONDITION of delivered at the time of the delivery of the deed,said premises to be then in compliance with the provisions PREMISES of any instrument referred to in clause 3 hereof. 1 (attach a list of x exceptions,if any) 9.f EXTENSION TO If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the PERFECT TITLE premises,all as herein stipulated,or if at the time of the delivery of the deed the premises do not conform OR MAKE with the provisions hereof, 1 PREMISES shall--P ;a f CONFORM unless the SELLER elects to use reasonable efforts to remove any defects in title,or to (Change period of deliver possession as provided herein,or to make the said premises conform to the provisions hereof,as time if desired). the case may be, in which event p befom- 4he time for pedormance hereunder,and thereupon the time for performance hereof shall be extended for a period of thirty days. Hat in no event shall the Scaler be obligated to spend more than $2000.00 pnreoant hereto 10. FAILURE TO if at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, s PERFECT TITLE deliver possession, or make the premises conform, as the case may be, all as herein agreed,then any { OR MAKE payments made under this agreement shall be forthwith refunded and all other obligations of the parties PREMISES hereto shall cease and this agreement shall be void without recourse to the parties hereto. ' CONFORM,etc. 1). BUYEWs The BUYER shall have the election,at either the original or any extended time for performance,to accept ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefor the r ACCEPT TITLE purchase price without deduction,in which case the SELLER shall convey such title. l E 12. ACCEPTANCE The acceptance of a deed by the BUYER or the BUYER's nominee as the case may be,shall be deemed OF DEED to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are,by the terms hereof,to be performed after the delivery of said deed. 13. USE OF To enable the SELLER to make conveyance as herein provided the SELLER may,at the time of delivery MONEY TO of the deed,use the purchase money or any portion thereof to clear the title of any or all encumbrances or CLEAR TITLE interests, provided that all instruments so procured are recorded simultaneously with the delivery of said 5 deed. 1�. ADJUSTMENTS Taxes for the then current fiscal year shall be apportioned as of the day of performance of this agreement and the net amount thereof shall be added to or deducted from as the case may be, the purchase price . payable by the BUYER at the time of delivery of the deed. 1�. ADJUSTMENT If the amount of said taxes is not known at the time of the delivery of the deed,they shall be apportioned OF UNASSESSED on the basis of the taxes assessed for the preceding fiscal year,with a reapportionment as soon as the AND new tax rate and valuation can be ascertained; and, if the taxes which are to be apportioned shall ABATED TAXES thereafter be reduced by abatement,the amount of such abatement,less the reasonable cost of obtaining i the same, shall be apportioned between the parties, provided that neither party shall be obligated to i institute or prosecute proceedings for an abatement unless herein otherwise agreed. a . 10. BROKER's FEE :i (fill in fee with Is due the SELLER to dollar amount or percentage,also name of Brokerage firm(s)) the Broker(s) herein, but if the SEL uant to the terms of clause 19 hereof retains the deposits made hereunder by the BUYER, said Broker(s) entitled to receive from the SELLER an amount equal to one-half the amount so retained or an amount eqq the Brokers fee for professional services according to this contract,whichever is the lesser. y K 17. BROKER(S) The Broker(s)named herein WARRANTY f (fill in name) This form was created by JACQURS MORIN using e-FORMS. a-FORMS is Copyright protected and may not be used by any other party. dOPYRIGNT®1979,1984,1986,19,87,1988,1991,2000 GREATER BOSTON REAL ESTATE BOARD All rights reserved. NOTICE: This is a legal document that creates binding obligations. If not understood,consult an attorney. SELLER Martha M. --in B 'a` a g• x�ia SELLER(or Spouse) BUYER Taxpayer ID/ Taxpayer ID/ BROKER(S) 'Shia form was created by JAMURS MOBIH using e-POBMS. a-PORMS is copyright protected and may not be used by any other party. 7.N9 O.V5. . COPYRIGHT©1979,1984,1986,1987,1988,1991,2000 GREATER BOSTON REAL ESTATE BOARD All rights reserved. CONFIRMATION - COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT In the matter of the complaint of Martha M. Morin for confirmation without registration-of title under the provisions of Chapter 185 of the General Laws (Ter. Ed.) numbered 43053 . after consideration, the Court doth adjudge and order that on April 26, 1996, at 10 o'clock a.m. said Martha M. Morin of Barnstable, in the County of Barnstable;and Commonwealth of Massachusetts was the owner in fee simple of that certain parcel of land situate in Barnstable in the County of Barnstable, and Commonwealth of Massachusetts,bounded and described as follows: Northerly by land now or formerly of Allan F. Jones, three hundred thirty and 15/100 (330.15) feet; Easterly by lands of sundry adjoining owners, twenty hundred .seventy-two and 78/100 (2072.78) feet; . Southerly. by land now or formerly of Cobblestone Landing, Inc., three hundred thirty(330.00) feet; and Westerly by said land now or formerly of Cobblestone Landing, Inc. and by land now or formerly of Bayberry Place Residents Association, Inc., twenty hundred seventy-two and 13/100 (2072.13) feet. Said land is shown on a plan drawn by Cummaquid Survey Inc., Surveyors, dated December 4, 1993, filed in the Land Court, a copy of a portion of which will be filed at the Registry of Deeds with the copy of this judgment. N Said land is subject to the easement set forth in a grant made by Alfred Crocker to The Southern Massachusetts Telephone Company (now Bell Atlantic), dated February 4, 1914, duly recorded in Book 326, Page 385. -2- 43053 Conf 20004 Said land is also subject to any of the encumbrances mentioned in section forty-six of said Chapter which may be subsisting: The above described land is subject to a mortgage given by Allan F. Jones to Hyannis Co- operative Bank, dated February 18, 1965, duly recorded in Book 1289, Page 458; and to a tax taking by Town of Barnstable, dated October 9, 1990, duly recorded in Book 7320, Page 133. PETER W. KILBORN Witness, , Chief Justice of the Land Court at Boston,in the County of Suffolk, the ninth day of March ;'in the year nineteen hundred and ninety-nine. Ipst with.fft,seal of said Court. CHARLES W. TROMBLY,JR. • �t F[SEAL-] Recorder • A TRUeCOPY,Attest with the seal of said Court. ecord r BARNSTABLE REGISTRY OF DEEDS 05/a.J11113 1::Bc 7757526 r M�+-�'199s iS 32 P Y.i4ROv PAGE - ' 42 �r J I�OiAi7tTr ft-UPP" Of 310 Eastlervwd CiFvLw 1Kp1iiN Tt�wt Fri updar fltvlasatioa of rruot dNtsd oackgr 19, 9�0, romrded with Sasnstablo County istry of Deads 1n "OIL 7PRO, P040 14f haviuq a . , is milinq sddrosa of 210 Thornton Drive, dy4hniif 44achuastto,'• Qrif02 • 06 - -G i•.� �,�oYla,�' A in avt�aidaratioa of t1Gei'Y-1i=2t T1i!!{ kp and on/lop 108B4Ooo.po) t1C2:u�t�6 0�rant to JJDQU'T.S 0*79, of 20Q Marsoa Hay, pYariaiar llaseaobusects, a WAth quicalalm covolmats i Tbo land, Lcpstber vita tb« buildings tbsston, situstaa in �aralCtQls 18ya�1niwl, Darr.Ntabla Cp♦}ptYr �laaNnabuse6ts, bounded and d+asdxtb+d ae gvllw+wi hainq •hawse 4s 2.Qr 322 .caatsit+t aat e'v itlsd •Castlaod Parke Subd1 aioa rlangof L&44 is (Aya04LB), "rnst"I.a cb=ty, Hasa., saala l" • 001, xas►m;, 1966, lleresr En0L"*riaq Corp., South Yaso<ogth, woos-$ Whic said pion to duly rreor4sd with the A4rpatebl* Co{thty logiMtry aj' Deads LA plan 21opk Por title, sea dead rwaordod is 23ook 7310, P,Os Qd. :n F. N G W �+ wTu W a =- t�C �IL� td D a U . e5i87,1595 JJA4 775752S AERNARR ki.-por F _ w F.A KtY-06-t99s 15�t3 QKj a25 j' PC242 �3708 8xaoutad si a sooled instraaftt this Z day QfmAj , 1909• l cam" or tURUBUSSTTS !larnste�la, as. ffayf 7, 1994 man psraee.a111� gppoarod the Abcw#wagXwa JWMV xmloska., Trustee es %foretold, mm 40X*WledvW 04 1prsWWAV U be hLo ;.e Rct and flood on bsball nt 340 Castlewood Circle ftmia•* .r AL my comsaissian expires: µy Cotn coon Explree Jsn.22.EW ATTACHMENT D PROPERTY LOCATION MAP WITH 300 FOOT ABUTTER RING See GIS map, attached. fr ALT ag 1 MAP273 PARCEL 122 W W/ 300 ft buffer ........... / • IL• /1 1 1 ATTACHMENT E EXISTING CONDITIONS PROPERTY SURVEY See plan by Down Cape Engineering, Inc., submitted herewith. ATTACHMENT F PROJECT DESCRIPTION NARRATIVE a. General This application seeks to modify the Comprehensive Permit issued by the Board on May 30, 2001. The modified proposal is for development of 168 units, in seven buildings, each containing twenty four(24) apartment condominiums in a residential area of Hyannis, to be connected to an on site waste water treatment facility. The proposed project is a for-sale condominium restricted to residents age 55 and over, with 25%,of the units (42 units) provided to affordable buyers under the Massachusetts Housing Finance Agency Housing Starts Program. b. Physical Characteristics. The locus is a 13.36-acre site, off Castlewood Circle, Hyannis. The site is almost all in the RC-1 Residential Zoning District, with an extremely small portion of the northeast corner of the locus in the B Business Zoning District (near the rear of the Cape Codder Hotel). The land is presently undeveloped. The proposed project will consist of seven buildings, each containing twenty four (24) apartment condominiums, with twelve (12) units on the first floor and twelve (12) units on the second floor. The units have approximately 1200 sq. ft. of living space and consist of two (2) bedrooms, one (1) bath, a living room, a dining room and kitchen. Each building will have a full basement for storage. The buildings will be hooked up to municipal (Barnstable Water Company) water. The project will be served by an on-site wastewater treatment facility. None of the project is within a wetlands resource area, or buffer zone, and there are no known environmental issues. The topography is relatively flat, with excellent sandy soils, and a drainage system with catch and leaching basins (no detention basins) is proposed. The tabulation of ground area coverages for building area and paved area is as follows: Pavement for roadway, walks and parking: 180,792 sq. ft. 31.1% Building coverage: 108,374 sq. ft. 18.6% Woods/lawn area: 281,094 sq. ft. 48.3% Pervious deck area 11,760 sq. ft. 2.0% Total lot area: 582,020 sq.ft. 100.0% Total impervious coverage: 289,166 sq. ft. 49.7% Total impervious coverage: 292,854 sq. ft. 50.3% c. Description of surrounding area. The surrounding Castlewood Circle area is comprised of modest single-family homes, with small lot sizes. To the west of locus is a newer open-space residential cluster subdivision, now known as Nantucket Village at Cobblestone Landing. To the northeast of locus is the rear of the Cape Codder Hotel. According to the Traffic Impact Assessment by Rizzo Associates, the Level of Service for the streets and intersections in the area are all "A", except for the intersection of Bearse's Way and Pitcher's Way, which operates at Level of Service "C" during the weekday morning peak commuter hours, and Level of Service "E" during the weekday evening commuter hours. d. Affordability. As stated above,the 42 affordable units will be sold to people over the age of 55 under the Massachusetts Housing Finance Agency Housing Starts Program, whose household incomes are no more than 80% of the annual average income for Barnstable County. The Applicant at this time intends to sell the affordable units at a price of approximately$ 125,000.00. The deeds to the affordable unit buyers will contain the requisite Deed Rider under the Housing Starts Program assuring that the units will be sold only to eligible buyers, at the appropriate Discount Rate below fair market value, for 99 years. The market units, although more expensive in price, are actually "moderately" priced, since they are projected to average approximately $2253000.00. The Applicant will also enter into the appropriate Housing Starts Regulatory. Agreement and Monitoring Service Agreement, which will reference the above, and also insure that the Applicant complies with the requisite limitation on profit of twenty (20%) of the allowable development costs, as approved by the Massachusetts Housing Finance Agency. The Applicant is also willing to adopt a strong Local Preference plan for the affordable units, i.e., selling up to 70% of them to Barnstable residents. This would be implemented through a lottery. process, and the Applicant would work with the Town and f local non-profit groups involved in affordable housing for the purchaser selection and analysis of eligibility. ATTACHMENT G PROJECT SITE PLAN AND ARCHITECTURAL PLANS See Site Plan by Down Cape Engineering, Inc. and architectural plan (elevations and floor plans)by Bruce Devlin, submitted herewith. EXHIBIT H PROJECT FINANCIAL PROFORMA See copy of Housing Starts Program application, attached. i MassHousing Housing Starts Project Eligibility Application GENERAL INFORMATION I. Name of Development Parkside Village Condominiums 2. Address of Site: Off Castlewood Circle , Hyannis , MA 3. City/Town: H y a n n i s . MA Zip Code: 02601 4. Developer: Settlers Landing Realty Trust Name: Jacques N . Morin , Trustee Street Address: 104 Berry Hollow Drive City/Town: M a r s t o n s Mills , MA Zip Code: 02648 Telephone: ( 508) 420-1260 Fax: ( 508) 428-2788 Email: jnmorin2@attbi . com 5. Type of Housing: Single Family Detached Condominiums X 6. Unit Mix: Total Units 16 8 Affordable 4 2 Market 126 7. Project Description: Project consists of seven buildings each containing 24 apartment condominiums with 12 on the first floor and, 12 on the second floor. Units are approx. 1200 s.f. each consisting of 2 bedrooms, 1 bath, living, dining & kitchen. The buildings .will have full basements for storage and HVAC and will be serviced by on-site package treatment. I SITE INFORMATION 1. Total Gross Area of Site: Acreage: 13.36 Square Footage: 582,020 2. Total Buildable Area of Site: Acreage: 2.31 Square Footage: 100,800 3. Current Zoning Classification: Residential X (minimum lot size) 1 ac. Commercial Industrial Other 4. Does any portion of the site contain wetlands? Yes No X If yes, attach map of site noting wetland areas. 5. Is the site located within a designated flood hazard area? Yes No X 6. Are there any hazardous waste sites within a 1/2-mile radius of the site? Yes No X Describe: 7. Describe the prior uses of the subject site: Vacant Land (Wooded) 8. Is the site or any building located on the site listed,nominated or eligible for listing on the National Register of Historic Places? Yes No X 9. Is the site within an Historic District? Yes No X 2 f 10. Describe the current status of site control and attach copies of relevant executed agreements. a.) Owned by Developer b.) Under Purchase and Sale Agreement X Date of Agreement May 7 2002 Expiration Date December 12, 2002 Purchase Price$ 1 ,275,000.00 c.) Under Option Date of Agreement Expiration Date Purchase Price$ 12. Most Recent "Arms Length" Sale: Date 1991/1999 Price $ 5K+34K+/89K Parties involved: Seller Crocker et al/Connors Rlty Tr. Buyer Martha Morin/Jacques Morin(entry) 13. Availability of Utilities (Indicate which utilities will be available to this site). Public Sewer Private Septic X Public Water X Private Wells Natural Gas X Electricity X 3 PROJECT INFORMATION 1. Size of Development: a.)Total Number of Units 168 l b.)Number of Handicapped Accessible Units - c.)Number of Buildings 7 d.)Number of Stories in Buildings 2 e.)Number of Commercial Units 2. Total Gross Square Footage of Building Space: 201,600 Total Gross Square Footage of Commercial Space: 3. Project Type: a.)New Construction X b.) Rehabilitation c.) Conversion 4. Construction Type: a.) Single Family Detached b.)Townhouse c.) Other X 5. Type of Fuel: a.)l�atural Gas X b.) Oil c.) Electric d.) Other 6. Parking Spaces: a.)# Enclosed - b.)# Outdoor 3 3 6 c.) #Per unit 2 7. Unit Mix: Complete the chart below Unit Type #of Units #of BR's #of Baths S . Footage Sales Price Affordable 42 . 2 1 1200 $12 5 ,0 0 0 . Market 126 2 1 1200 $225 ,000 . Total 168 4 f PRELIAIIrTARY CONSTRUCTION BUDGET DEVELOPMENT ITEM TOTAL COST PER UNIT COST SITE ACQUISITION $1,275,000.00 $ 7,589.29 HARD COSTS Site Preparation $ 868,640.00 $ 5,170.48 Landscaping $ 250,000.00 $ 1,488.10 Residential Construction $20,490,120.00 $121,965.00 Hard Cost Contingency $ 1,641,792.00 9,772.57 TOTAL HARD COSTS $23,250,552.00 $138,396.14 SOFT COSTS Permits/Surveys $ 3,000.00 $ 17.86 Architectural $ 30,000.00 $ 178.57 Engineering - $ 53,600.00 $ 319.05 Legal $ 125 800.00 $ 748.81 .Insurance 99,000.00 $ 589.29 Security $ 50.000.00 $ 297.62 Construction Manager $ 871,920.00 $ 5,190.00 Property Taxes $ 28,800.00 $ 171.43 Construction Loan Interest $ 1,527,031.70 $ 9,089.47 Application/Financing Fees $ 87,495.91 $ 520.81 Appraisal $ 7,000.00 $ 41.67 Utilities $ 5,000.00 $ 29.76 Amounting $ 50.400.00 $ 300.00 Marketing $ 1,898,500.00 $ .11,300.60 Soft Cost contingency $ 100,016.38 $ 595.34 ' TOTAL SOFT COSTS $- 4,937,563.99 $ 29,390.26 TOTAL DEVELOPMENT COSTS $ 29 463,115.99 $175,375:69 5 JUN-06-2002 THU 09: 10 AM ATTY PETER L FREEMAN 5083628281 P. 02 Peter L. Freeman, P.C. Attorney-at-Law 86 Willow Street Yamiouthport,Massachusetts 02675 (508) 362-4700 FAX (508)362.8281 Peter L.Freeman Jane Wallis Gumble, Director June 6, 2002 MA. Department of Housing and Community Development One Congress Street— I d" Floor Boston, MA. 02114 Re: Chapter 40B Comprehensive Permit Project Name: I'arkside Village Condominium Town and Location: Castlewood Circle,Hyannis—Town of Barnstable Number of Units: 168 Subsidizing Agency:Massachusetts Housing Finance Agency Applicant's Name: Jacques N. Morin,Trustee of Settlers Landing Realty Trust Dear Ms. Gumble: This will serve to notify you, pursuant to 760 CMR 31.01(2)(c),that the above- named Applicant has applied to the above-named Subsidizing Agency under the Housing Starts Program for preliminary approval of the above-referenced project. The project is a for-sale condominium project for persons over age 55,with a total of 168 units, of which 25%,or 42 units, are low or moderate income under 40.B. Thank you. Very truly yours, Peter L. Freeman Attorney for Applicant cc: Jacques N. Morin, Trustee ATTACHMENT I LIST OF ALL PUBLIC AGENCIES/BOARDS/COMMISSIONS WHICH WOULD NORMALLY REVIEW THE APPLICATION AND FOR WHICH WAIVERS FROM THE ZONING BOARD ARE BEING SOUGHT Zoning Board of Appeals Department of Public Works Board of Health I f ATTACHMENT J LIST OF REQUESTED WAIVERS 1. Zoning By-law Section 2-3: Applicability of District Regulations Section 2-3.l: Conformance to Use Regulations Section 2-3.2: Conformance to Bulk and Yard Regulations Section 3-1.4 (5) Bulk Regulations Section 3-3.1(J) No multi-family structures allowed in a B District Section 3-5.2 Groundwater Protection Overlay District Section 5-2.1 Performance Bond Building Permit Cap/Growth Control Ordinance, if applicable 2. The proposed Project is not a subdivision, it is a condominium; therefore no subdivision plan is involved and no waivers are needed from Planning Board Subdivision Rules and Regulations. 3. The Applicant further seeks waivers from any requirements for paying for any fees related to the development of this project, including but not limited to fees for building permits, Department of Public Works and/or Board of Health permits, and the filing fees to the Board of Appeals; and from any-requirement to post a bond or cash or. covenant in connection with the roadway and infrastructure development; and further, the Applicant asks that the, Comprehensive Permit be issued in lieu of all of the aforementioned permits, inclusively. The applicant also seeks waivers from such other sections of the Zoning By-laws, Planning Board Rules and Regulations, and/or such other local by-laws, ordinances, rules and regulations that would otherwise be applicable to this development, including but not limited to any Building Permit Cap/Growth Control ordinance, whether passed as a Zoning By-law, ordinance, and/or pursuant to the Cape Cod Commission Act, or otherwise. ATTACHMENT K DEVELOPER'S EXPERIENCE Jacques N.Morin,the principal of the Applicant,is a long-time and respected builder and realtor in Hyannis and is a life long resident of Barnstable. He has built(through his building company, Bayberry Building Company,Inc.)and sold(through is realty company,Morin Realty)many homes in Barnstable and the mid-Cape area, including the single-family home development known as Bayberry Place abutting the locus in Hyannis. The primary focus of Bayberry Building Company,Inc. is the construction of quality custom built homes on attractively landscaped lots. For the past eleven years Mr.Morin has concentrated his real estate efforts as a custom builder as Bayberry Building Company, Inc. He developed and completed Bayberry Place development which consists of twenty eight custom homes on eighteen acres adjacent to the subject property.Mr.Morin has subdivided smaller subdivisions and has built on many other lots in the mid-cape area. Mr.Morin has also owned and operated Morin Realty&Associates for the past twenty one years and has continually been a member of the National, Massachusetts and Cape Cod Board of Realtors and Multiple Listing Service. He is well versed in the market place and continues to be active in sales. As a resident of Barnstable for forty four years Mr.Morin has become fully familiar and involved with the community in which he resides. He has been active in local civic affairs serving the Town of Barnstable on the Barnstable Town Council, the Zoning Board of Appeals, the Finance Committee, the Towns Appointments Committee,the Land Bank Committee,the Smart Growth Committee and is currently serving on the Shellfish Committee and the Hyannis Main Street Waterfront Historic Commission. Mr.Morin expects to be a participant in the community well into the future and expects Bayberry Building Company,Inc.and Morin Realty&Associates to continue on as a growing concern well into the next decade developing,building and selling real estate. ATTACHMENT L MHFA HOUSING STARTS PROGRAM DEED RIDER See attached. UHousingSwrts/deedrider Rev.3102 MASSACHUSETTS HOUSING FINANCE AGENCY Housing Starts Program DEED RIDER annexed to and made part of that certain deed (the "Deed") from , 200 ("Grantor")to ("Grantee") dated — RECITALS WHEREAS,the Grantor is conveying that certain real property more particularly described in the attached Deed("Property")to the Grantee at a consideration which is less than the appraised value of the Property; and WHEREAS,the Property is part of a project which was originally financed under a construction loan program of the Massachusetts Housing Finance Agency ("MassHousing") known as the Housing Starts Program(the"Program") and was granted a Comprehensive Permit under Massachusetts General Laws Chapter 40B from the city/town of (the"Municipality"); and WHEREAS, pursuant to the Program, eligible purchasers such as the Grantee are given the opportunity to purchase certain property at a discount of the property's appraised fair market Pp y value if the purchaser agrees to certain use and transfer restrictions, including the agreement to convey the property on resale to an income-eligible purchaser located by the Municipality, or to the Municipality, for an amount not greater than a maximum resale price, all as more fully provided herein. NOW,THEREFORE, as further consideration for the conveyance of the Property at a discount in accordance with.the Program,the Grantee,his/her/their heirs,successors and assigns, hereby agrees that the Property shall be subject to the following rights and restrictions which are hereby imposed for the benefit of, and shall be enforceable by,the Grantor's as and designees, and the Municipality. 1. Definitions. In this Deed Rider, the following words and phrases shall have the following meanings: Area means the Primary Metropolitan Statistical Area which includes the Municipality. Chief Elected Official means,with respect to a city,the Mayor of such city, and with respect to a town,the Board of Selectmen of suchtown. Compliance Certificate shall have the meaning set forth in Section 4(b)hereof. Comprehensive Permit means the comprehensive permit issued by the Zoning Board of Appeals in the Municipality with respect to the Project,recorded in the Registry Book Page _ Developer means ,the developer of the Project pursuant to the Program and the Comprehensive Permit. Discount Rate means the percentage of the appraised fair market value of the Property which the Grantee is paying as consideration for the Property, and which will.be applied to the appraised fair market value of the Property at the time of sale or other transfer of the Property by the Grantee to determine the Maximum Resale Price, and which in this case is %. Eligible Purchaser means an individual or family earning no more than eighty percent (80%)of median income for the Area as published from time to time by the United States Department of Housing and Urban Development ("HUD"). If HUD discontinues publication of median income statistics, then the Municipality shall designate another measure of eligible income. To be considered an Eligible Purchaser, an individual or family must intend to occupy the Property as his, her or their principal residence and must provide to the Municipality and to the Monitoring Agent such income certifications as the Municipality and the Monitoring Agent may require to justify designation as an Eligible Purchaser. Eligible Purchaser Certificate shall have the meaning set forth in Section 5(a) hereof. Maximum Resale Price means(i) the appraised fair market value of the Property determined without regard to any restrictions contained in this Deed Rider and prepared by a real estate appraiser acceptable to the Municipality and qualified to appraise property for secondary mortgage markets and recognized as utilizing acceptable professional appraisal standards in Massachusetts, multiplied by(ii)the Discount Rate.. Monitoring Agent means Citizens' Housing and Planning Association, Inc., as monitoring agent under the Monitoring Services Agreement. Monitoring Services Agreement means the Monitoring Services Agreement dated between the Developer and the Monitoring Agent. Municipal Compliance Certificate shall have the meaning set forth in Section 5(a)hereof. Project means the=unit development located at ,which, pursuant to the terms of the Comprehensive Permit and the Program, includes_units/detached dwellings of affordable housing. RegistKy means the appropriate registry of deeds or registry district of the Land Court for the county in which the Property is located. &D atory_A_greement means the Regulatory Agreement among MassHousing,the Municipality and the Developer dated and recorded with the Registry in Book ,Page Term means, unless terminated earlier according to Section 7 hereof,the period from the date hereof until the earliest to occur of(i)_years from the recording of the Regulatory Agreement, (ii)the recording of a Compliance Certificate, (iii)the recording of an Eligible Purchaser Certificate and a new Deed Rider executed by the Eligible Purchaser referenced in the Eligible Purchaser Certificate,which new Deed Rider the Eligible Purchaser Certificate certifies i is in form and substance satisfactory to the Municipality, or(iv) the conveyance of the Property to the Municipality and the recording of a Municipal Purchaser Certificate as set forth herein(the "Term"). Pursuant to Section 32 of Chapter 194 of the Massachusetts General Laws and as set forth in the Regulatory Agreement, the Director of the Department of Housing and Community Development has determined that the rights and restrictions set forth herein, including the Term, are in the public interest. 2. Owner-Occupancy/Principal Residence. The Property shall be occupied and used by the Grantee as his, her or their principal residence. Any use of the Property or activity thereon which is inconsistent with the purpose of this Deed Rider is expressly prohibited. 3. Restrictions Against Leasing and Junior Encumbrances. The Property shall not be leased, refinanced, encumbered(voluntarily or otherwise) or mortgaged without the prior written consent of the Monitoring Agent; provided, however,that this provision shall not apply to a first mortgage granted in connection with this conveyance. Any rents, profits, or proceeds from any transaction described in the last preceding sentence which transaction has not received the prior written consent of the Monitoring Agent shall be paid to and be the property of the Municipality. In the event that the Monitoring Agent in the exercise of its absolute discretion consents to any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents, profits or proceeds from such transaction which exceed the carrying costs of the Property as determined by the Monitoring g Agent in its sole discretion shall be paid to and be the property of the Municipality. 4. Right of First Refusal. (a)When the Grantee or any successor in title to the Grantee shall desire to sell, dispose of or otherwise convey the Property, or any portion thereof, the Grantee shall notify the Municipality in writing of the Grantee's intention to so convey the property(the "Notice"). The Notice shall contain an appraisal of the fair.market value of the Property(assuming the Property is free of all restrictions set forth herein) acceptable to the Municipality prepared by a real estate appraiser acceptable to the Municipality and qualified to appraise property for secondary mortgage markets and recognized as utilizing acceptable professional appraisal standards in Massachusetts,and the Notice shall set forth the Discount Rate and the Maximum Resale Price of the Property. Within thirty(30) days of the Municipality's receipt of the Notice,the Municipality shall notify the Grantee whether(i) the Municipality is proceeding to locate an Eligible Purchaser of the Property, (ii)the Municipality intends to exercise its right of first refusal to purchase the Property, or(iii)the Municipality waives its right of first refusal(the"Municipality's Notice"). The Eligible Purchaser, if located Property within ninety(90)days by the Municipality, must be ready and willing to purchase the p rty Y after the Municipality receives the Notice. (b)In the event that(i)the Municipality's Notice states that the Municipality does not intend to proceed to locate an Eligible Purchaser and that the Municipality does not intend to exercise its right of first refusal to purchase the Property, or the Municipality fails to give the Municipality's Notice within the thirty(30) day time period specified above, the Grantee must use diligent efforts to find an Eligible Purchaser within a one hundred twenty(120) day period from the date the Property is put on the market, as determined by the date of the first advertisement for sale, as set forth below. the term"diligent efforts" shall mean(A)the placement of an advertisement in the real estate section of at least one newspaper of general circulation for a period of three consecutive weeks which sets forth a customary description of the unit for sale, a single price-which is not in excess of the Maximum Resale Price, Grantee's (or Grantee's real estate broker)telephone number and the phrase "Sale of unit subject to certain guidelines and restrictions with respect to the maintenance and retention of affordable housing for households of low and moderate income" and (B)the receipt of satisfactory evidence that the new purchaser qualifies as an Eligible Purchaser. If the Grantee is unable to locate an Eligible Purchaser within sixty (60) days from the date the Property is put on the market,the Grantee may trictions set forth herein; market value free ee of all rest to an third art at fair , convey the Property Y P Y Provided. however, all consideration and payments of any kind received by the Grantee for the conveyance of the Property to the third party which exceeds the Maximum Resale Price shall be immediately and directly paid to the Municipality. Upon receipt of this excess amount, if any, the Municipality, acting by and through its Chief Elected Official, shall issue to the third party and the Monitoring Agent a certificate in recordable form(the"Compliance Certificate") indicating the Municipality's receipt of the excess amount, if applicable, or indicating that no excess amount is payable, and stating that the Municipality has elected not to exercise its right of first refusal hereunder and that all rights, restrictions, agreements and covenants set forth in this Deed Rider shall be henceforth null and void. This Compliance Certificate is to be recorded in the Registry and such Compliance Certificate may be relied upon by the then owner of the Property and by third parties as constituting conclusive evidence that such excess amount, if any, has been paid to the Municipality, or that no excess amount is payable, and that the rights, restrictions, agreements and covenants set forth herein are null and void. The sale price to a third party shall be subject to the Monitoring Agent's approval,with due consideration given to the value set forth in the appraisal accompanying the Notice, and the Monitoring Agent may withhold its approval if in its sole judgment the purchase price is not consistent with the requirements of this Deed Rider and the Regulatory Agreement. The Monitoring Agent's approval of the sale price shall be evidenced by its issuance of this Compliance Certificate. (c) In the event the Municipality,within said thirty (30) day period, notifies the Grantee that the Municipality is proceeding to locate an Eligible Purchaser or that the Municipality shall exercise the Municipality's right of first refusal to purchase the Property,the Municipality may locate an Eligible Purchaser,who shall purchase the Property at the Maximum Resale Price, within ninety(90) days of the date that the Municipality receives the Notice or the Municipality may purchase the Property itself at the Maximum Resale Price within ninety(90) days of the date that the Municipality receives the Notice. If more than one Eligible Purchaser is located by the Municipality,the Municipality shall conduct a lottery or other like procedure to determine which Eligible Purchaser shall be entitled to the conveyance of the Property. The procedure for selecting an Eligible Purchaser shall be approved by MassHousing as provided in the Regulatory Agreement. (d)If an Eligible Purchaser is selected to purchase the Property, or if the Municipality elects to purchase the Property,the Property shall be conveyed by the Grantee to such Eligible Purchaser or to the Municipality as the case may be,by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except (i) such taxes for the then current year as are not due and payable on the date of delivery of the deed, (ii) any lien for municipal betterments assessed after the date of the Notice, (iii)provisions of local building and zoning laws, (iv) all easements,restrictions, covenants and agreements of record specified in the Deed from the Grantor to Grantee,(v)the Regulatory Agreement or any successor regulatory agreement entered into between MassHousing and the Municipality pursuant to the provisions of Section 16 of the Regulatory Agreement,(vi) such additional easements, restrictions, covenants and agreements of record as the Municipality consents to, such consent not to be unreasonably withheld or delayed, and(vii) i in the event that the Property is conveyed to an Eligible Purchaser, a Deed Rider satisfactory in form and substance to the Monitoring Agent which the Grantee hereby agrees to annex to said deed. (e) Said deed shall be delivered and the purchase price paid (the "Closing") at the Registry, or at the option of the Eligible Purchaser(or the Municipality, if the Municipality is purchasing the Property), exercised by written notice to the Grantee at least five(5) days prior to the delivery of the deed, at such other place as the Eligible Purchaser(or the Municipality, if the Municipality is purchasing the Property) may designate in said notice. The Closing shall occur at such time and on such date as shall be specified in a written notice from the Eligible Purchaser (or the Municipality if the Municipality is purchasing the Property)to the Grantee,which date shall be at least five(5) days after the date on which such notice is given, and if the Eligible Purchaser is located by the Municipality, or if the Municipality is purchasing the Property no later than ninety(90) days after,the Municipality receives the Notice from the Grantee. (f) To enable Grantee to make conveyance as herein provided, Grantee may, if so desired at the time of delivery of the deed,use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests; all instruments so procured to be recorded simultaneously with the delivery of said deed.Nothing contained herein as to the Grantee's obligation to remove defects in title or to make conveyance or to deliver possession of the Property in accordance with the terms hereof, as to use of proceeds to clear title or as to the election of the Eligible Purchaser or the Municipality to take title, nor anything else in this Deed Rider shall be deemed to waive, impair or otherwise affect the priority of the Municipality's rights herein over matters appearing of record,or occurring, at any time after the recording of this Deed Rider, all such matters so appearing or occurring being subject and subordinate in all events to the Municipality's rights herein. (g)Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of Closing and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the Eligible Purchaser or by the Municipality. (h)Full possession of the Property free from all occupants is to be delivered at the time of the Closing,the Property to be then in the same condition as it is in on the date hereof, reasonable wear and tear only excepted. (i)If Grantee shall be unable to give title or to make conveyance as above stipulated,or if any change of condition in the Property not included in the above exception shall occur,then Grantee shall be given a reasonable time not to exceed thirty(30) days after the date on which the Closing was to have occurred in which to remove any defect in title or to restore the Property to the condition hereby provided for. The Grantee shall use best efforts to remove any such defects in the title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The Closing shall occur fifteen(15) days after notice by Grantee that such defect has been cured or that the Property has been so restored. The Eligible Purchaser(or the Municipality, if the Municipality is purchasing the Property) shall have the election, at either the original or any extended time for performance,to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the purchase price without deduction, in which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been damaged by fire or casualty insured against or if a portion of the Property shall have been taken by a public authority, then the Grantee shall,unless the Grantee has previously restored the Property to its former condition, either: (i) pay over or assign to the Eligible Purchaser or the Municipality, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts reasonable expended by the Grantee for the partial restoration, or (ii) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned,give to the Eligible Purchaser or to the Municipality a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Grantee for any partial restoration. (j)If the Municipality fails to locate an Eligible Purchaser who purchases the Property within ninety(90) days after the Notice is received by the Municipality, and the Municipality does not purchase the Property during said period, then following expiration of ninety(90) days after the Municipality receives the Notice from the Grantee,the Grantee may convey the Property to any third party at fair market value, free and clear of all rights and restrictions contained herein, including,but not limited to the Maximum Resale Price, provided however, all consideration and payments of any kind received by the Grantee for the conveyance of the Property to the third parry which exceeds the Maximum Resale Price shall be immediately and directly paid to the Municipality. Upon receipt of this excess amount, if any, the Municipality shall issue to the third party and to the Monitoring Agent a Compliance Certificate in recordable form indicating the Municipality's receipt of the excess amount,if any, and indicating that the Municipality has elected not to exercise its right to locate an Eligible Purchaser and its right of first refusal hereunder and that all rights, restrictions, agreements and covenants contained herein are henceforth null and void. This Compliance Certificate is to be recorded in the Registry and such Compliance Certificate may be relied upon by the then owner of the Property and.by third parties as constituting conclusive evidence that such excess amount,if any, has been paid to the Municipality and that the rights, restrictions, agreements and covenants set forth herein are null and void. The sale price to a third party shall be subject to the Monitoring Agent's approval, with due consideration given to the value set forth in the appraisal accompanying the Notice, and the Monitoring Agent may withhold its approval if in its sole judgment the purchase price is not consistent with the requirements o this Deed Rider and the Regulatory Agreement.. The Monitoring Agent's approval of the sale price shall be evidenced by its issuance of its acceptance of the Municipality's Compliance Certificate. (k) The Grantee understands and agrees that nothing in this Deed Rider or the. Regulatory Agreement in any way constitutes a promise or guarantee by MassHousing or the Municipality that the Grantee shall actually receive the Maximum Resale Price for the Property or any other price for the Property. (1) In the event that the Grantee receives notice that the Municipality does not intend to locate an Eligible Purchaser or to exercise its right of first refusal to purchase the Property or in the event the Municipality fails to give the Municipality's Notice within the thirty(30) day time period specified in Section 4(b) above, should the Grantee be unable to sell the Property at the Maximum Resale Price as presented in its Notice to the Municipality, and the Grantee desires to sell the Property at less than the Maximum Resale Price (except for a proposed sale to an Eligible Purchaser),the right of first refusal and the procedures therefor set forth in Section 4 above shall continue to apply, so that the Municipality has the right to purchase the Property, or to locate an Eligible Purchaser to purchase the Property, at the lesser resale price identified in the new Notice from the Grantee. In no event shall the purchase price paid by the Municipality, or by an Eligible Purchaser located by the Municipality, be less than the Permitted Indebtedness. 5. Resale and Transfer Restrictions. Except as otherwise stated herein, the Property or any interest therein shall not at any time be sold by the Grantee,the Grantee's successors and assigns, and no attempted sale shall be valid,unless: (a) the aggregate value of all consideration and payments of every kind given or paid by the Eligible Purchaser(as located and defined in accordance with Section 4 above) or the Municipality,to the then owner of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property, and(i) if the .Property is conveyed to an Eligible Purchaser, unless a certificate(the "Eligible Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Monitoring Agent which Eligible Purchaser Certificate refers to the Property, the Grantee,the Eligible Purchaser thereof, and the Maximum Resale Price therefor, and states that the proposed conveyance, sale or transfer of the Property to the Eligible Purchaser is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider and the Regulatory Agreement, and unless there is also recorded a new Deed Rider executed by the Eligible Purchaser, which new Deed Rider the Eligible Purchaser Certificate certifies is satisfactory in form and substance to the Monitoring Agent; or(ii) if the Property is conveyed to the Municipality unless a Certificate (the "Municipal Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Monitoring Agent,which Municipal Purchaser Certificate refers to the Property,the Grantee,the Municipality, and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to the Municipality is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider and the Regulatory Agreement; or (b) pursuant to Sections 4(b) or 46), any amount in excess of the Maximum Resale Price which is paid to the Grantee by a purchaser who is permitted to buy the Property pursuant to Sections 4(b) or 46), is paid by the Grantee to the Municipality, and the Monitoring Agent executes and delivers a Compliance Certificate as described in Sections 4(b)or 46) for recording with the Registry. `(c) Any good faith purchaser of the Property, any lender or other party taking a security interest in such Property and any other third party may rely upon a Compliance Certificate, an Eligible Purchaser Certificate or a Municipal Purchaser Certificate referring to the Property as. conclusive evidence of the matters stated therein and may record such Certificate in connection with conveyance of the Property,provided, in the case of an Eligible Purchaser Certificate and a Municipal Purchaser Certificate the consideration recited in the deed or other instrument conveying the Property upon such resale shall not be greater than the consideration stated in the Eligible Purchaser Certificate or the Municipal Purchaser Certificate as the case may be. If the Property is conveyed to the Municipality, any future sale of the Property by the Municipality shall be subject to the provisions of Section 4 of the.Regulatory'Agreement. (d) Within ten(10) days of the closing of the conveyance of the Property from Grantor to Grantee,the Grantee shall deliver to the Monitoring Agent and to the Municipality a true and certified copy of the Deed of the Property, together with information as to the place of recording thereof in the public records. Failure of the Grantee,or Grantee's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance. 6. Option. In addition to the'foregoing rights of first refusal granted to the is to the Municipality Municipality, the Grantee gran ali the right p ty and option to purchase the Property upon one or more of the following events: (a) Any legal or beneficial interest in the Property is conveyed without notice to the Municipality as provided above,unless the Municipality shall have waived its � _ P articular sale or purchase with respect to a , option to urc p P P P e Any legal or beneficial interest in the Property is conveyed for consideration less than the Maximum Resale Price or the lesser resale price identified in a new Notice from the Grantee (except as allowed under Section 4(1) above); or (c) Receipt by the Municipality of notice in any form(including notice by newspaper publication) of an impending foreclosure against the Property; or (d) Receipt by the Municipality of notice in any form(including notice by newspaper publication) of the taking of the Property for unpaid taxes. 7. Rights of Mortgages. (a)Notwithstanding anything herein to the contrary,but subject to the next succeeding paragraph hereof, if the holder of record(other than the Grantor or any person related to the Grantor by blood, adoption, or marriage, or any entity in which the Grantor has a financial interest (any of the foregoing, a"Related Party")) of a first mortgage granted to a state or national bank, state or federal savings and loan association, cooperative bank, mortgage company,trust company, insurance company or other institutional lender or its successors or assigns(other than a Related Party) shall acquire the Property by reason of foreclosure or.similar remedial action under the provisions of such mortgage or upon conveyance of the Property in lieu of foreclosure, provided that the holder of such mortgage has given the Municipality not less than thirty(30) days prior written notice of its intention to foreclose upon its mortgage or to accept a conveyance of the Property in lieu of foreclosure, and rop vided further that the principal amount secured by such mortgage did not exceed ninety-seven percent (97%)of the Maximum Resale Price calculated at the time of the granting of the mortgage(the "Permitted Indebtedness"),then the rights and restrictions contained herein shall not apply to such holder upon such acquisition of the Property, any purchaser(other than a Related.Party) of the Property at a foreclosure sale conducted by such holder, or any purchaser(other than a Related Party) of the Property from such holder, and such Property shall thereupon and thereafter be free from all such rights and restrictions. (b) In the event such holder conducts a foreclosure or other proceeding enforcing its rights under such mortgage and the Property is sold for a price in excess of the greater of(1)the sum of the outstanding principal balance of the note secured by such mortgage plus all future advances, accrued interest and all reasonable costs and expenses which the holder is entitled to recover pursuant to the terms of the mortgage and(ii)the Maximum Resale Price applicable on the date of the sale, such excess shall be paid to the Municipality in consideration of the loss of b the Municipality and ns herein contained held p Y the value and benefit of the rights and restrictions Y released by the Municipality pursuant to this section in connection with such proceeding (provided, that in the event that such excess shall be so paid to the Municipality by such holder, the Municipality shall thereafter indemnify such holder against loss or damage to such holder resulting from any claim made by the mortgagor of such mortgage to the extent that such claim is based upon payment of such excess by such holder to the Municipality in accordance herewith, provided that such holder shall give the Monitoring Agent and the Municipality prompt notice of any such claim and shall not object to intervention by the Municipality in any proceeding relating thereto.) In order to determine the Maximum Resale Price of the Property at the time of foreclosure or other proceeding, the Municipality may, at its own expense, obtain an appraisal of the fair market value of the Property satisfactory to such holder. The Ma ximum Resale Price shall be equal to the appraised fair market value so obtained, multiplied by the Discount Rate assigned to the Property. If the holder disagrees with such appraised value,the holder may obtain a second appraisal, at the holder's expense and the Maximum Resale Price shall be equal to the average of the two appraisal amounts multiplied by the Discount Rate. To the extent the Grantee possesses any interest in any amount which would otherwise be payable to the Municipality under this paragraph, to the fullest extent permissible by law,the Grantee hereby assigns its interest in such amount to said holder for payment to the Municipality. (c) A holder of a mortgage shall notify the Municipality in the event of any default for which the lender intends to commence foreclosure proceedings but no failure to notify the Municipality shall impair the validity of a foreclosure. Said notice shall be sent to the Municipality as set forth in this Deed Rider. (d)If any person who was a Related Party prior to any foreclosure acquires an interest in the Property after foreclosure,then all covenants and options contained herein shall apply to all subsequent occupancy and sale of the Property. (e) A certificate signed under penalties of perjury by a purchaser at a foreclosure sale certifying that such purchaser is not a Related Party shall, if recorded with the Registry,be conclusive evidence that such purchaser is not a Related Party. 8. Covenants to Run With the Property. (a)It is intended and agreed that all of the agreements, covenants,rights and restrictions set forth herein shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee,the Grantee's successors and assigns and any parry holding title to the Property, for the benefit of and enforceable by the Municipality,the Municipality's agents; successors, designees and assigns during the Term of this Deed Rider. (b)This Deed Rider and all of the agreements, restrictions, rights and covenants contained herein shall be deemed to be an affordable housing restriction as that term is defined in Section 31 of Chapter 184 of the Massachusetts General Laws which has the benefit of Section 32 of said Chapter 184, such that the restrictions contained herein shall not be limited in duration by any rule or operation'of law. (c) The Grantee intends, declares and covenants on behalf of itself and its successors and assigns (i)that this Deed Rider and the covenants, agreements, rights and restrictions contained herein shall be and are covenants running with the land, encumbering the Property for the Term, and are binding upon the Grantee's successors in title, (ii) are not merely personal covenants of the Grantee, and(iii) shall bind the Grantee, its successors and assigns and enure to the benefit of the Municipality and their successors and assigns for the Term. Grantee hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Deed Rider to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (d)Without limitation on any other rights or remedies of the Grantor,the Municipality, their agents, successors, designees and assigns, any sale or other transfer or conveyance of the Property in violation of the provisions of this Deed Rider, shall,to the maximum extent permitted by law, be voidable by the Municipality,the Municipality's agents, successors, designees and assigns by suit in equity to enforce such rights, restrictions, covenants, and agreements. 9. Notice. Any notices, demands or requests that may be given under this Deed Rider shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or such other addresses as may be specified by any party by such notice. Municipality: MassHousing: Massachusetts Housing Finance Agency One Beacon Street Boston, MA 02108 Attention: General Counsel Grantor: Grantee: Monitoring Agent: Citizens Housing and Planning Association,Inc. 18 Tremont Street Boston,MA 02108 Attentiion: Aaron Gornstein Executive Director Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 10. Further Assurances. The Grantee agrees from time to time, as may be reasonably required by the Municipality or the Monitoring Agent,to furnish the Municipality or the Monitoring Agent with a written statement, signed and,if requested, acknowledged, setting of the Prop erty,forth the condition and occupancy p rtY, information concerning the resale of the Property and all other information pertaining to the Property or the Grantee's eligibility for and conformance with the requirements of the Comprehensive Permit and the Program. 11. Enforcement. (a) The rights hereby granted shall include the right of the Municipality to enforce this Deed Rider independently by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations including without limitation relief requiring restoration of the Property to its,condition prior to any such violation(it being agreed that the Municipality will have no adequate remedy at law), and shall be in addition to, and not in limitation of, any other rights and remedies available to the Municipality. (b) Without limitation of any other rights or remedies of the Municipality or its successors and assigns, in the event of any sale, conveyance or other transfer or occupancy of the Property in violation of the provisions of this Deed Rider, the Municipality shall be entitled to the following remedies, which shall be cumulative and not mutually exclusive: (i) specific performance of the provisions of this Deed Rider;. (ii) money damages for charges in excess of the Maximum Resale Price, if applicable; iii if the violation is a sale of the Property at a price greater than the Maximum Resale Price as provided herein,the Municipality shall have the option to purchase the Property on the same terms and conditions as provided herein for the exercise of its option to purchase, except that the purchase price shall be the price paid in a conveyance that would have complied with the provisions of this Deed Rider; (iv) the right to void any contract for sale or any sale, conveyance or other transfer-of the Property in violation of the provisions of this Deed Rider in the absence of a Certificate of Compliance,by an action in equity to enforce this Deed Rider; and (v) money damages for.the cost of creating or obtaining other comparable dwelling units to fulfill the need for affordable housing by Eligible Purchasers. (c)If any suit or action is brought by the Municipality to enforce this Deed Rider, the prevailing parry shall be entitled to actual and reasonable attorneys' fees and other costs of bringing the suit or action, in addition to any other relief or remedy to which such party may be entitled. (d) In addition to the foregoing, in the event of a violation of the provisions of this Deed Rider,the Monitoring Agent shall have the right, with the prior consent of the Municipality (and,for so long as the MassHousing Loan is outstanding,with the consent of MassHousing), to take appropriate enforcement action against the Grantee or the Grantee's successors in title, including,without limitation, legal action to compel the Grantee to comply with the requirements of this Deed Rider. The Grantee hereby agrees to pay all fees and expenses (including legal fees) of the Monitoring Agent in the event enforcement action is taken against the Grantee hereunder and hereby grants to the Monitoring.Agent a lien on the Property,junior to the lien of any institutional holder of a first mortgage on the Property,to secure payment of such fees and expenses. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing this Deed Rider against the Grantee and to assert a lien on the Property to secure payment by the Grantee of such fees and expenses. (e) The Grantee for himself, herself or themselves and his, her or their successors and assigns, hereby grants to the Municipality and the Monitoring Agent the right to enter upon the Property for the purpose of enforcing the restrictions herein contained, or of taking all actions with respect to the Property which the Municipality or the Monitoring Agent may determine to be necessary or appropriate pursuant to court order, or with the consent of the Grantee to prevent, remedy or abate any violation of this Deed Rider. 12. Monitoring Agent Services:Fees. As provided in the Monitoring Services Agreement,the Developer has engaged the Monitoring Agent to monitor compliance of the Project with ongoing requirements of the Comprehensive Permit, including the requirement that the Affordable Units be sold to Eligible Purchasers (or to the Municipality) as provided herein. As partial compensation for providing services under the Monitoring Services Agreement,the Monitoring Agent shall receive a fee of one-half of one percent of the Maximum Resale Price (or the lesser sale price actually received by the Grantee, as provided in Section 4(1) above) on the sale of the Property to the Municipality, an Eligible Purchaser or any other purchaser in accordance with the terms of this Deed Rider and the Regulatory Agreement. This fee shall be paid by the Grantee as a closing cost at the time of Closing, and payment of the fee of the Monitoring Agent shall be a condition to deliver and recording of its certificate, failing which the claim against the Grantee and persons claiming under the Grantee Monitoring Agent shall have a c ag for which the Monitoring Agent may seek an attachment against the Property.. 13. Third-Party Beneficiaries. The covenant as to Maximum Resale Price for the Property may be enforced by the Municipality,the Grantee and/or prospective purchaser of the Property. 14. Severability. If any provisions hereof or the application thereof to any person or circumstance shall come, to any extent,to be invalid or unenforceable, the remainder hereof, or the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. Executed as a sealed instrument this day of , 200_. Grantor: By Grantee: By COMMONWEALTH OF MASSACHUSETTS County of , ss , 200— Then personally appeared the above-named , Grantor, and acknowledged the foregoing instrument to be his/her free act and deed,before me. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS County of . ss , 200_ - Grantees , and acknowledged the appeared the above named ( ) Thenpersonally Th pp foregoing instrument to be his/her/their free act and deed,before me. Notary Public My commission expires: ; ATTACHMENT M MHFA HOUSING STARTS PROGRAM REGULATORY AGREEMENT See attached. i UHousingStarts/regagmt Rev.3/02 MASSACHUSETTS HOUSING FINANCE AGENCY Housing Starts Program REGULATORY AGREEMENT This Regulatory Agreement (this "Agreement") is made this day of 200_,by and among the Massachusetts Housing Finance Agency ("MassHousing"), the City/Town of ("the Municipality"), and , a Massachusetts corporation/limited partnership, having an address at , and its successors and assigns ("Developer"). RECITALS WHEREAS,the Developer intends to construct a housing development known as at a -acre site located at in the Municipality, more particularly described in Exhibit A attached hereto and made a part hereof(the "Project"); and WHEREAS,the Project is being financed with a$ construction loan(the"MassHousing Loan")under MassHousing's affordable housing program known as the Housing Starts Program and the guidelines adopted by MassHousing's Homeownership Division in connection therewith(the"Program Guidelines"); and WHEREAS,the Developer has received a comprehensive permit (the "Comprehensive Permit") from the Zoning Board of Appeals of the Municipality under Chapter 40B of the Massachusetts General Laws (the"Act"),which permit is recorded at the County Registry of Deeds("Registry") in Book ,Page ; and WHEREAS, pursuant to the Comprehensive Permit,the Program Guidelines and the Construction Loan Agreement between MassHousing and the Developer of even date herewith relating to the MassHousing Loan(the"Loan Agreement"),the Project is to consist of a total of . condominium units/detached dwellings, of which_percent (_units) (the "Affordable Units")will be sold at prices specified in this Agreement to Eligible Purchasers(as defined herein) and will be subject to this Agreement; and WHEREAS,the Developer has agreed to retain Citizens' Housing and Planning Association, Inc. (the"Monitoring Agent")to perform monitoring and enforcement services regarding compliance of the Project with the Comprehensive Permit, the Program Guidelines and the Loan Agreement. NOW, THEREFORE, in consideration of the agreements hereinafter set forth, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,MassHousing, the Municipality,-and the Developer hereby agree as follows: 1. Definitions. The following terms shall have the meanings set forth below: Area means the Primary Metropolitan Statistical Area which includes the Municipality. Chief Elected Official means in the case of a city, the Mayor of such city, and in the case of a town,the Board of Selectmen of such town. Deed Rider means the deed rider in the form attached hereto as Exhibit C and fully incorporated herein by reference to be attached to each deed of each Affordable Unit as provided in Section 5 hereof. Discount Rate means the percentage of the appraised fair market value of the Affordable Unit which the Eligible Purchaser is paying as consideration for the Affordable Unit, and which will be applied to the appraised fair market value of the Affordable Unit at the time of resale or other transfer of the Affordable Unit by the Eligible Purchaser to determine the Maximum Resale Price. Discount Rate Certificate means the certificate in recordable form issued by MassHousing which sets forth the Discount Rate to be applied on the sale, resale or other transfer of each Affordable Unit, according to the terms of the Deed Rider for such unit, for so long as the restrictions set forth in this Agreement continue. Eligible Purchaser means an individual or family earning no more than eighty percent (80%)of median income for the Area as published from time to time by the United States Department of Housing and Urban Development("HUD"). If HUD discontinues publication of median income statistics, then the Municipality shall designate another measure of eligible income. To be considered an Eligible Purchaser, an individual or family must intend to occupy the Property as his,her or their principal residence and must provide to the Municipality and to the Monitoring Agent such income certifications as the Municipality and the Monitoring Agent may.require to justify designation as an . Eligible Purchaser. Eligible Purchaser Certificate shall have the meaning set forth in Section 5(a)hereof. Maximum Resale Price means the(i)the.appraised.fair market value of the Property determined without regard to any restrictions contained in this Deed Rider-and prepared by a real estate appraiser acceptable to the Municipality and.qualified to appraise property for secondary mortgage markets.and recognized as utilizing acceptable professional appraisal standards in Massachusetts,multiplied by(ii)the Discount Rate. Monitoring Agent means Citizens'Housing Planning Association,Inc., as monitoring agent under the Monitoring Services Agreement. Monitoring Services Agreement means the Monitoring Services Agreement dated between the Developer and the Monitoring Agent. forth in Section 5 a Municipal Compliance Certificate shall have the meaning set f o S ( ) hereof. Project means the -unit development located at ,which, pursuant to the terms of the Comprehensive Permit and the Program, includes units/detached dwellings of affordable housing. Reig_strX means the appropriate registry of deeds or registry district of the Land Court for the county in which the Property is located. 2. Construction Obligations. The Developer agrees to construct the Project in accordance with plans and specifications approved by MassHousing(the "Plans and Specifications") and in accordance with all terms and conditions of the Comprehensive Permit and the Loan Agreement. All Affordable Units to be constructed as part of the Project must be similar in exterior appearance to other units in the Project and shall be evenly dispersed throughout the Project. In addition, all Affordable Units must contain complete living facilities including but not limited to a stove, kitchen cabinets, plumbing fixtures, and washer/dryer hookup, all as more fully shown in the Plans and Specifications. The Project must fully comply with the State Building Code and with all applicable state and federal building, environmental, health, safety and other laws, rules, and regulations, including without limitation all applicable federal and state laws, rules and regulations relating to the operation of adaptable and accessible housing for the handicapped. Except to the extent that the Project is exempted from.such compliance by the Comprehensive Permit,the Project must also comply with all applicable local codes, ordinances and by-laws. 3. Maximum Sales Price. Each Affordable Unit will be sold by the Developer for no more than the Maximum Sales Price set forth in Exhibit B attached hereto and incorporated herein by reference to an Eligible Purchaser. MassHousing shall determine the appropriate Discount Rate for each Affordable Unit and shall issue the Discount Rate Certificate to the Developer. The Developer shall record the Discount Rate Certificate with the first deed of each Affordable Unit. 4. Subsidized Housing Inventory. The units in the Project designated on the . Plans and Specifications and the Comprehensive Permit as Affordable Units shall be included in the Subsidized Housing Inventory as that term is described in 760 CMR 31.04(1)when the Comprehensive Permit becomes final, provided that any housing units for which building permits have not been issued within one(1) year of the date when the Comprehensive Permit becomes final shall no longer be counted until building permits have been issued. No unit shall be counted more than once for any reason. Only Affordable Units will be counted as Subsidized Housing Units for the purposes of the ' Act. 5. Deed Riders. Affordability Requirement. (a) At the time of sale of each Affordable Unit by the Developer,the Developer shall execute and shall as a condition of the sale cause the purchaser of the Affordable Unit to execute a Deed Rider in the form of Exhibit C attached hereto and fully incorporated herein. Such Deed Rider shall be attached to and made a part of the deed from the Developer to the initial purchaser of the Affordable Unit (the"Unit Purchaser"). Each such Deed Rider shall require the Unit Purchaser at the time he desires to sell the Affordable Unit to offer the Affordable Unit to the Municipality at a discounted purchase price more particularly described therein. The Municipality shall have the option upon terms-more particularly described in the Deed Rider to either purchase the Affordable Unit or to find an Eligible Purchaser. (b) The Deed Rider shall require the seller and the Eligible Purchaser to execute at the time of resale a similar Deed Rider which will be attached and made a part of the deed to the Eligible Purchaser, so that the affordability of the Affordable Unit will be pre- served each time that subsequent resales of the Affordable Unit occur. (The various requirements and restrictions regarding resale of an Affordable Unit contained in the Deed Rider are hereinafter referred to as the "Resale Restrictions"). (c) If,upon the initial resale or any subsequent resale of an Affordable Unit,the Municipality is unable to find an Eligible Purchaser for the Affordable Unit and the Municipality elects not to exercise its right to purchase the Affordable Unit,the then- current owner of the Affordable Unit shall have the right to sell the Affordable Unit to any person, regardless of his income and at any price, free of any future Resale Re- strictions, provided that the difference between the actual resale price and the discounted purchase price for which the Municipality or an Eligible Purchaser could have purchased the Affordable Unit(the "Windfall Amount") shall be paid by the then-current owner of the Affordable Unit to the Municipality. The Municipality agrees that all sums constituting Windfall Amounts from the sale of Affordable Units shall be deposited in the Municipality's Affordable Housing Fund (as that term is hereinafter defined). (d) The Municipality agrees that,in the event the Municipality purchases an Affordable Unit pursuant to its right to do so contained in the Deed Rider then in effect with respect to such Affordable Unit,the Municipality shall within six(6) months.of its acceptance of a deed of such Affordable Unit, either(i) sell the Affordable Unit to an Eligible Purchaser at the same price for which it purchased the Affordable Unit plus any expenses incurred by the Municipality during its period of ownership, subject to the Deed Rider, and the recording of an Eligible Purchaser Certificate satisfactory in form and substance to the Monitoring Agent, or(ii) rent the Affordable Unit to a person who qualifies-as.an Eligible Purchaser upon terms and conditions applicable to low-income rental units under the MassHousing Enabling Act. If the Municipality fails to sell or rent the Affordable Unit as provided herein within said six(6) month period,or if at any time after the initial rental of the Affordable Unit by the Municipality as provided herein the Affordable Unit becomes vacant and remains vacant for more than ninety(90) days,then such Affordable Unit shall cease to be counted as a Subsidized Housing Unit, and shall no longer be included in the Subsidized Housing Inventory. (e) Each Affordable Unit will remain a Subsidized Housing Unit and continue to be included in the Subsidized Housing Inventory for as long as the following three conditions are met: (1)this Agreement remains in full force and effect and neither the I Municipality nor the Developer is in default hereunder; (2)the Project and the Affordable Unit each continues to comply with the Comprehensive Permit; and(3) either (i) a Deed Rider binding the then-current owner of the Affordable Unit to comply with the Resale Restrictions is in full force and effect and the then-current owner of the Affordable Unit is either in compliance with the terms of the Deed Rider, or the Municipality is in the process of taking such steps as may be recommended by the Monitoring Agent to enforce the then-current owner's compliance with the terms of the Deed Rider, or(ii)the Affordable Unit is owned by the Municipality and the Municipality is in compliance with the terms and conditions of subsections 5(b)through 5(d) above. 6. Limited Dividend Requirement. Developer agrees that the aggregate profit from the Project which shall be payable to Developer or to the partners, shareholders or other owners of Developer or the Project shall not exceed twenty percent (20%)of total development costs of the project(the "Allowable Profit"), which development costs have been approved by the Monitoring Agent on behalf of MassHousing pursuant to the Monitoring Services Agreement. Upon issuance of a final Certificate of Occupancy for the Project or upon the issuance of final Certificates of Occupancy for all of the Units,the Developer shall deliver to the Monitoring Agent an itemized statement of total development costs together with a statement of gross income from the Project received by the Developer to date in form satisfactory to the Monitoring Agent (the "Certified Cost and Income Statement")prepared and certified by a certified public accountant satisfactory to the Monitoring Agent. If all units at the Project have not been sold as of the date the Certified Cost and Income Statement is delivered to the Monitoring Agent,the Developer shall at least once every ninety(90) days thereafter until such time as all of the Units are sold, deliver to the Monitoring Agent an updated Certified Cost and Income Statement. All profits from the Project in excess of the Allowable Profit (the"Excess Profit") shall be paid by the Developer to the Municipality. The Municipality agrees that all amounts constituting Excess Profit shall be deposited in the Affordable Housing Fund(as hereinafter defined). For so long as the Developer complies with the requirements of this Section 6,the Developer shall be deemed to be a limited dividend organization within the meaning of the Act.. 7. Affordable Housing Fund. The Municipality agrees that upon the receipt by the Municipality of any Windfall Amount,Excess Profit, or any amount paid to the. Municipality pursuant to the provisions of Sections 3, 4 and 7 of the Deed Rider(the "Additional Windfall Amounts"),the Municipality shall deposit any and all such Windfall Amounts, Excess Profit, or Additional Windfall Amounts into an interest bearing account established with an institutional lender(the "Affordable Housing Fund"). Sums from the Affordable Housing Fund shall be expended from time to time by the Municipality for the purpose of reducing the cost of Affordable Units to Eligible Purchasers upon resale or for the purpose of encouraging, creating, or subsidizing the construction or rehabilitation of housing for persons and families who qualify as Eligible Purchasers elsewhere in the Municipality. 8. -Marketing Plan. Prior to marketing or otherwise making available for sale any of the Units,the Developer must obtain MassHousing's approval of a marketing plan (the "Marketing Plan") for the Affordable Units. Such Marketing Plan must describe the buyer selection process for the Affordable Units, including any lottery or similar procedure for choosing among Eligible Purchasers, and must comply with the Memorandum of Understanding executed by the Developer in connection with the application for the Loan regarding affirmative marketing of Affordable Units to minority households. At the option of the Municipality, the Marketing Plan may also include a preference for local residents for up to seventy percent(70%)of the Affordable Units. When submitted to MassHousing for approval,the Marketing Plan should be accompanied by a letter from the Chief Elected Official of the Municipality which states that the buyer selection and local preference(if any) aspects of the Marketing Plan have been approved by the Municipality and which states that the Municipality will perform any aspects of the Marketing Plan which are set forth as responsibilities of the Municipality in the Marketing Plan. All costs of carrying out the Marketing Plan shall be paid by the Developer. A failure to comply with the Marketing Plan by the Developer or t e a default of this Agreement. The Developer b the Municipality shall be deemed o b �' Y P agrees to maintain for at least five years following the sale of the last Affordable Unit, a record of all newspaper ads, outreach letters,translations, leaflets, and any other outreach efforts (collectively "Marketing Documentation") as described in the Marketing Plan as approved by MasMassHousingMassHousin . The which may be inspected at any time by g Developer and the Municipality agree that if at any time prior to or during the process of marketing the Affordable Units,MassHousing determines that the Developer, or the Municipality with respect to aspects of the Marketing Plan that the Municipality has agreed to be responsible for, has not adequately complied with the approved Marketing Plan,the Developer or Municipality as the case may be, shall conduct such additional outreach or marketing efforts as shall be determined by MassHousing. 9. No Discrimination. Neither the Developer nor the Municipality shall discriminate on the basis of race, creed, color, sex,age,handicap, marital status, national origin, or any other basis prohibited by law in the selection of buyers for the Units; and employment the Developer shall not so discriminate in connection with the p y ment or application for employment of persons for the construction, operation or management of the Project. 10. Monitoring Agent. The Developer shall retain the Monitoring Agent for purposes of monitoring the Developer's performance under this Agreement pursuant to an agreement acceptable to the Monitoring Agent and MassHousing. All notices and reports required to be submitted under this Agreement shall be submitted simultaneously P q d to the Monitoring i es and to the party specified to receive the not reports hereunder an b c Agent. 11. Compliance• Certifications. (a) The Developer agrees to comply and to with all requirements of the Com prehensive rehensive Permit and all cause the Project to comply q P other applicable laws, rules, regulations, and executive orders. MassHousing(for so long the Monitoring Agent and the Chief Elected as the MassHousing Loan is outstanding), g $ Official of the Municipality(from the date hereof through the date which is five(5) years after the Developer has sold the last unit in the Project) shall have access during normal I business hours to all books and records of the Developer and the Project in order to monitor the Developer's compliance with the terms of this Agreement. (b) Throughout the term of this Agreement, the Chief Elected Official shall annually certify in writing to the Monitoring Agent that each of the Affordable Units continues to be occupied by a person who was an Eligible Purchaser at the time of purchase; that any Affordable Units which have been resold during the year have been resold in compliance with all of the terms and provisions of the Deed Rider then in effect with respect to each such Affordable Unit, the Program Guidelines and this Agreement; and that the Project and the Affordable Units have otherwise been maintained in a manner consistent with the Program Guidelines, this Agreement, and the Deed Rider then in effect with respect to each Affordable Unit. 12. Recording. Upon execution, the Developer shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for the County where the Project is located or, if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Land Court for the County where the Project is located(collectively hereinafter the . "Registry of Deeds"), and the Developer shall pay all fees and charges incurred in connection therewith. Upon recording or filing, as applicable, the Developer shall immediately transmit to MassHousing and the Municipality evidence of such recording or filing in the date and instrument,book and page or registration number of the Agreement. 13. Developer's Representations Covenants and Warranties. The Developer hereby represents, covenants and warrants as follows: (a) The Developer(i) is a duly organized under the laws of the Commonwealth of Massachusetts,and is qualified to transact business under the laws of this State, (ii) has the power and authority to own its properties and assets and to carry on its business as now being conducted, and(iii) has the full legal right, power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Developer(i) will not violate or, as applicable,has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and(ii)will not violate or, as applicable,has not violated any provision of any indenture, agreement, mortgage, mortgage note,or other instrument to which the Developer is a party or by which it or the Project is bound, and (iii) will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Developer will, at the time of execution and delivery.of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance(subject to encum- brances created pursuant to this Agreement, the Loan Agreement and any other documents executed in connection with the MassHousing Loan, or other encumbrances permitted by MassHousing). (d) There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or,to the knowledge of the Developer, threatened against or affecting it, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement)or would materially adversely affect its financial condition. 14. Restrictions on Transfers and Junior Encumbrances. Except for sales of Units to homebuyers as permitted by the terms of this Agreement, Developer will not sell,transfer, lease, exchange or mortgage the Project without the prior written consent of the Municipality and (for so long as the MassHousing Loan is outstanding) MassHousing. 15. Casualty. Until such time as decisions regarding repair of damage due to fire or other casualty, or restoration after taking by eminent domain,shall be made by a condominium association or trust not controlled by the Developer(or if the Project consists of detached dwellings,by homebuyers),Developer agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use,the Developer will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with the terms of this Agreement, subject to the approval of MassHousing (for so long as the MassHousing Loan is outstanding). 16. Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part,or provision of this Agreement shall not affect the validity of the remaining portions hereof. 17. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested,to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice: MassHousing: Massachusetts Housing Finance Agency One Beacon Street Boston,MA 02108 Attention: General Counsel Municipality: Developer: Monitoring Agent: Citizens Housing and Planning Association, Inc. 18 Tremont Street Boston,Massachusetts 02108 Attention: Aaron Gornstein Executive Director .18. Term. (a)This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable housing restriction as that term is defined in Section 31 of Chapter 184 of the Massachusetts General Laws which has the benefit of Section 32 of said Chapter 184 such that the restrictions contained herein shall not be limited in duration by any rule or operation of law. This Agreement is made for the benefit of MassHousing and the Municipality, and MassHousing and the Municipality shall be deemed to be the holders of the affordable housing restriction created by this Agreement. MassHousing and the Municipality have determined that the acquiring of such affordable housing restriction is in the public interest. The term of this Agreement shall be for_years after the date of recording this Agreement with the Registry, provided however,that this Agreement shall terminate if (a) at any time hereafter there is no Affordable Unit at the Project which is then,subject to a Deed Rider containing the Resale Restrictions, and there is no Affordable Unit at the Project which is owned by the Municipality as provided in Section 4 hereof or(b)the Project is acquired by foreclosure of a first priority mortgage on the Project or by instrument in lieu of foreclosure, provided that the holder of the first priority mortgage gives the Municipality not less then sixty (60) days prior written notice of such mort- gagee's intention to foreclose upon the Project or to accept an instrument in lieu of foreclosure, or(c)if at any time the Comprehensive Permit is revoked and all applicable appeal periods with respect to such revocation have expired. If this Agreement terminates because of a foreclosure or the acceptance of an instrument in lieu of foreclosure as set forth in clause(b)_of this Section,the Municipality agrees that if at the time of such termination there are one or more Affordable Units at the Project which are then subject to a Deed Rider containing the Resale Restrictions or there are one or more Affordable Units at the Project which are owned by the Municipality as provided in Section 4 hereof,the Municipality shall enter into a new Regulatory Agreement with MassHousing with respect to such Affordable Units which shall be satisfactory in form and substance to MassHousing. (b) The Developer intends, declares and covenants on behalf of itself and its successors and assigns that this Agreement and the covenants, agreements and restrictions contained herein(i) shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Developer's successors in title, (ii) are not merely personal covenants of the Developer, it successors and assigns and enure to the benefit of and iii shall bind the Developer, s g ( ) P MassHousing and its successors and assigns for the term of the Agreement. Developer hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (c)The Resale Restrictions contained in each of the Deed Riders which are to encumber each of the Affordable Units at the Project pursuant to the requirements of this Agreement shall also constitute an affordable housing restriction as that term is defined in Section 31 of Chapter 184 of the Massachusetts General Laws which has the benefit of Section 32 of said Chapter 184 such that the restrictions contained herein shall not be limited in duration by any rule or operation of law. Such Resale Restrictions shall be for the benefit of both MassHousing and the Municipality and both MassHousing and the Municipality shall be deemed to be the holder of the affordable housing restriction created by the Resale Restrictions in each of the Deed Riders. MassHousing has deter- mined that the acquiring of such affordable housing restriction is in the public interest. To the extent that MassHousing and the Municipality are the holders of the Resale Restrictions to be contained in each of the Deed Riders,the Director of the Department of Housing and Community Development by the execution of this Agreement hereby approves such Resale Restrictions in each of the Deed Riders for the Affordable Units of the Project as required by the provisions of Section 32 of said Chapter 184. 19. Further Information. The Developer and the Municipality each agree to submit any information, documents or certifications requested by the Monitoring Agent which the Monitoring Agent shall deem necessary or appropriate to evidence the continuing compliance of the Developer and the Municipality with the terms of this Agreement. 20. Defaults:Remedies. (a)The Developer and the Municipality each covenant and agree to give MassHousing written notice of any default,violation or breach of the obligations of the Developer or the Municipality hereunder(with a copy to the other parry to this Agreement)within seven(7)days of first discovering such default, violation or breach(a "Default Notice"). If MassHousing becomes aware of a default, violation, or breach of obligations of the Developer or the Municipality hereunder without receiving a Default Notice from Developer or the Municipality,MassHousing shall give a notice of such default, breach or violation to the offending party(with a copy to the other party to this Agreement)(the "MassHousing Default Notice"). If any such i default, violation, or breach is not cured to the satisfaction of MassHousing within thirty (30) days after the giving of the Default notice by the Developer or the Municipality, or if no Default Notice is given, then within thirty(30) days after the giving of the MassHousing Default Notice, then at MassHousing's option, and without further notice, MassHousing may either terminate this Agreement, or MassHousing may apply to any state or federal court for specific performance of this Agreement, or MassHousing may exercise any other remedy at law or in equity or take any other action as may be necessary or desirable to correct non-compliance with this Agreement. (b) If MassHousing elects to terminate this Agreement as the result of a breach, violation, or default hereof, which breach,violation, or default continues beyond the cure period set forth in this Section 19,then the Affordable Units and any other Units at the Project which have been included in the Subsidized Housing Inventory shall from the date of such termination no longer be deemed Affordable Housing for the purposes of the Act and shall be deleted from the Subsidized Housing Inventory. 20. Enforcement Services. In the event of serious or repeated violations of the substantive or reporting requirements of this Agreement or a failure by the Developer to take appropriate actions to cure a default under this Agreement,the Monitoring Agent shall have the right,with the prior consent of the Municipality (and, for so long as the MassHousing Loan is outstanding,with the prior consent of MassHousing),to take appropriate enforcement action against the Developer, including, without limitation, legal action to compel the Developer to comply with the requirements of this Agreement. The Developer shall pay all fees and expenses(including legal fees) of the Monitoring Agent in the event enforcement action is taken against the Developer hereunder. The Developer hereby grants to the Monitoring Agent a lien on the Project,junior to the lien securing the MassHousing Loan, to secure payment of such fees and expenses. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing this Agreement against the Developer and to assert a lien on the Project to secure payment by the Developer of such fees and expenses. The Monitoring Agent may perfect a lien on the Project by recording/filing one or more certificates setting forth the amount of the costs and expenses due and owing in the Registry. A purchaser of the Project or any portion of the Project shall be liable for the payment of any unpaid costs and expenses which were the subject of a recorded/filed certificate prior to the purchaser's acquisition of the Project or any portion thereof. 21. Intent and Effect. The terms and conditions of this Agreement have been freely accepted by the parties. The provisions and restrictions contained therein exist to further the mutual purposes and goals of MassHousing,the Municipality and the Developer set forth herein to create and preserve access to land and to decent and affordable homeownership opportunities for eligible families who are often denied such opportunities for lack of financial resources. Executed as a sealed instrument as of the date first above written. Developer By: its Massachusetts Housing Finance Agency By: Laurie R..Wallach, General Counsel Municipality By: its (Chief Elected Official) I 1 COMMONWEALTH OF MASSACHUSETTS ss. , 200_ Then personally appeared before me the above-named as of the FDeveloper] and acknowledged the foregoing instrument to be his/her free act and deed and the free act and deed of Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. , 200_ Then personally appeared before me the above-named Laurie R. Wallach, General Counsel of Massachusetts Housing Finance Agency and acknowledged the foregoing instrument to be her free act and deed and the free act and deed said entity. Notary public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS ,ss. , 200_ Then personally appeared before me the above-named as of the City/Town of and acknowledged the foregoing instrument to be his/her free act and deed and the free act and deed of said City/Town of Notary Public My Commission Expires: Exhibit A-Legal Description Exhibit B -Prices &Location of Affordable Units Exhibit C -Form of Deed Rider ACKNOWLEDGMENT BY DHCD The Commonwealth of Massachusetts, acting by and through the Department of Housing and Community Development, hereby acknowledges the foregoing Regulatory Agreement and agrees that the rights and affordable housing restrictions referred to therein, including the term thereof, are in the public interest. The Commonwealth of Massachusetts, acting by and through the Department of Housing and Community Development By: COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. , 200_ Then personally appeared before me the above-named as of the Commonwealth lof Massachusetts, acting by and through the Department of Housing and Community Development and acknowledged the foregoing instrument to be his/her free act and deed and the free act and deed of said entity. Notary Public My Commission Expires: EXHIBIT A Legal Description EMBIT B Re: (Project Name) (City/Town) (Developer) Maximum Sales Prices for Affordable Units One bedroom units $ Two bedroom units $ Three bedroom units $ Four bedroom units $ Location of Affordable Units The housing units which are Affordable Units are those designated as lot/unit numbers on: ❑ a plan of land entitled recorded with the Registry of Deeds in Book , Page ❑ floor plans recorded with the Master Deed of the Condominium recorded with the Registry of Deeds in Book Page I . . - � i+ � �, 7 � �. _ .. r. EXHIBIT C [DEED RIDER] t ATTACHMENT N MHFA HOUSING STARTS PROGRAM MONITORING SERVICES AGREEMENT See attached. I I IAHousing StaAs\M0nit0ring.dc6 Rev.3/02 MASSACHUSETTS HOUSING FINANCE AGENCY Housing Starts Program MONITORING SERVICES AGREEMENT This Monitoring Services Agreement(this"Agreement") is made as Massachusetts the echusetts day Of , 200�by and between (corporation/limited partnership/limited liability company) having an address at (Developer" ) and Citizens Housing Planning Association, Inc., having.an address at 18 Tremont Street,Boston,Massachusetts 02108 ("Monitoring Agent"). . RECITALS WHEREAS,the Developer intends to construct a housing development known as at a -acre site located at in the Municipality, more particularly described in Exhibit A attached hereto and made a part hereof(the "Project"); and WHEREAS,the Project is being financed with a$ construction loan(the "MassHousing Loan")under the affordable housing program of the Massachusetts Housing Finance Agency("MassHousing") known as the Housing Starts Program and the guidelines adopted by MassHousing's Homeownership Division in connection therewith(the"Program Guidelines"); and WHEREAS,the Developer has received a comprehensive permit(the"Comprehensive Permit")from the Zoning Board of Appeals of the Municipality under Chapter 40B of the Massachusetts General Laws(the"Act"),which permit is recorded at the County Registry of Deeds("Registry") in Book ,Page ; and WHEREAS, pursuant to the Comprehensive Permit,the Program Guidelines and the Regulatory Agreement between MassHousing,the Municipality and the Developer of even date herewith(the"Regulatory Agreement"),the Project is to consist of a total of condominium units/detached dwellings, of which_percent(_units) (the "Affordable Units")will be sold at prices specified in the Regulatory Agreement to Eligible Purchasers (as defined herein); and WHEREAS,the Affordable Units will be subject to deed riders governing resale(the "Affordability Requirement")for a period of_years; and WHEREAS,pursuant to the Comprehensive Permit,the Program Guidelines and the Regulatory Agreement,the Developer may not receive profit in excess of 20% of total development costs of the Project(the"Limited Dividend Requirement"); and - 1 - WHEREAS, pursuant to requirements of the Regulatory Agreement and the Comprehensive Permit,the Developer has agreed to retain the Monitoring Agent to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Developer with the Limited Dividend Requirement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: I. Monitoring Services. Monitoring Agent shall monitor the compliance of the Project with the Affordability Requirement and the compliance of the Developer with the Limited Dividend Requirement, as more fully described herein. A. Limited Dividend Requirement. In accordance with Section 6 of the Regulatory Agreement,the Developer agrees to deliver to the Monitoring Agent the Certified Cost and Income Statements, as defined in the Regulatory Agreement, at the times required thereunder. The Monitoring Agent agrees to review the adequacy and completeness of the Certified Cost and Income Statements and determine the Developer's substantive compliance with the Limited Dividend Requirement. Upon completion of its review of the.Certified Cost and Income Statement,the Monitoring Agent will deliver to MassHousing a copy of such statement together with the Monitoring Agent's determination of whether the Limited Dividend Requirement has been met. If all of the units in the Project have not been sold at the time the Developer is required to deliver the initial Certified Cost and Income Statement to the Monitoring Agent,the Monitoring Agent will continue to review the subsequent Certified Cost and Income Statements delivered pursuant to the Regulatory Agreement and notify MassHousing until all of the units are sold and compliance with the Limited Dividend Requirement can be determined. B. Affordabili1y Requirement. The Developer agrees to deliver to the Monitoring Agent the income certifications, deeds and deed riders with respect to initial sales of Affordable Units as required under the Regulatory Agreement(the"Initial Sales Data"). The Monitoring Agent agrees to review the Initial Sales Data and determine the substantive compliance of the Project with the Affordability Requirement. Upon completion of its review of Initial Sales Data, the Monitoring Agent will deliver to MassHousing a copy of such data together with the Monitoring Agent's determination of whether the Affordability Requirement has been met. The Monitoring Agent also agrees to monitor resales of Affordable Units (including review of income certifications, deeds and deed riders) for compliance with the terms of the Regulatory Agreement and consistency with the form of deed rider attached thereto, and issuance of certifications, as appropriate, approval of resales and the payment of recapture amounts to the Municipality. C. Annual Reports. The Monitoring Agent agrees to prepare and deliver annually a report(the"Annual Compliance Report")to the Zoning Enforcement Officer of the Municipality on(x)the compliance of the Developer with reporting requirements required under the Regulatory Agreement and with the Limited Dividend Requirement, and (y) compliance of the Project with the Affordability Requirement. The Annual Compliance Report shall indicate the - 2- extent of noncompliance with the relevant reporting and/or substantive requirements, describe efforts being made by the Developer to remedy such noncompliance and, if appropriate, recommend possible enforcement action by the Municipality against the Developer. The Monitoring Agent shall deliver the Annual Compliance Report within 120 days of the end of each calendar year during the term of this Agreement. For so long as the MassHousing Loan is outstanding, the Monitoring Agent shall deliver a copy of the Annual Compliance Report to MassHousing simultaneously with delivery thereof to the Municipality. D. Supplemental Monitoring Services. The Monitoring Agent shall provide reasonable supplemental monitoring on its own initiative in order to ensure to the extent practicable the compliance of the Project and the Developer with the Affordability Requirement and the Limited Dividend Requirement. The services hereunder shall not include any construction period monitoring. The services hereunder shall include follow-up discussions with the Developer, if appropriate, after an event of noncompliance. 2. Monitoring Services Fee. The Monitoring Agent shall receive a fee of$ from the Developer at the time of execution of this Agreement. Such fee shall constitute payment for the services of the Monitoring Agent with respect to compliance of the Developer with the Limited Dividend Requirement and with respect to the initial sales of the Affordable Units with the Affordability Requirement. As provided in the Deed Rider with each Affordable Unit, the Monitoring Agent shall receive a fee of one-half of one percent of the Maximum Sales Price(or the lesser sale price actually received by the owner),to be paid by the Seller of the Affordable Unit at each closing as a condition precedent to closing, for the services with respect to monitoring each subsequent sales transaction for compliance with the Affordability Requirement as set forth in this Agreement. Such fee shall be payable for all transfers of Affordable Units, including those to the Municipality, an Eligible Purchaser on any other purchaser. If the Monitoring Agent's fee is not paid at the time of closing,the Monitoring Agent shall be entitled to payment from the purchaser of the Affordable Unit and to bring an action and seek an attachment of the interest of the purchaser in the Affordable Unit. Neither MassHousing nor the Municipality shall have any responsibility for payment of any fee to Monitoring Agent hereunder. 3. Enforcement Services. In the event of serious or repeated violations of the substantive or reporting requirements of the Regulatory Agreement or a failure by the Developer to take appropriate actions to cure a default under the Regulatory Agreement,the Monitoring Agent shall have the right,with the prior consent of the Municipality(and, for so long as the MassHousing Loan is outstanding, with a the prior consent of MassHousing),to take appropriate enforcement action against the Developer, including, without limitation, legal action to compel the Developer to comply with the requirements of the Regulatory Agreement. The Regulatory Agreement provides for payment by the Developer of fees and expenses(including legal fees) of the Monitoring Agent in the event enforcement action is taken against the Developer thereunder and grants to the Monitoring Agent a lien on the Project,junior to the lien securing the MassHousing Loan,to secure payment of such fees and expenses. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing the Regulatory Agreement against the Developer and to assert a lien on the Project to secure payment by the Developer of such fees and expenses. - 3 - a In the event of a violation of the provisions of a Deed Rider, the Monitoring Agent shall have the right, with the prior consent of the Municipality(and, for so long as the MassHousing Loan is outstanding, with the consent of MassHousing), to take appropriate enforcement action against the unit owner or the unit owner's successors in title, including, without limitation, legal action to compel the unit owner to comply with the requirements of the relevant deed rider. The form of Deed Rider will provide for payment by the unit owner of fees and expenses (including legal fees) of the Monitoring Agent in the event enforcement action is taken against the unit owner thereunder and will grant to the Monitoring Agent a lien on the unit,junior to the lien of any institutional holder of a first mortgage on the unit to secure payment of such fees and expenses. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing a deed rider against the unit owner and to assert a lien on the relevant unit to secure payment by the unit owner of such fees and expenses. The Monitoring Agent shall not be entitled to seek any compensation or reimbursement from MassHousing or-the Municipality in connection with the enforcement services under this Section, it being understood that the Monitoring Agent shall look solely to the reimbursement rights described above for payment of the Monitoring Agent's costs and expenses. Nothing in this Agreement shall be construed to require the Monitoring Agent to expend more than $20,000 in enforcing the provisions of the Regulatory Agreement or to take any particular enforcement action against the Developer. 4. Term. The monitoring services are to be provided for the full term of the Regulatory Agreement which is years after the date of recording of the Regulatory Agreement by the Developer in the Registry. The term of this Agreement shall end on the date six months after the end of the_full year after the date of such recording. 5. Responsibility of Monitoring Agnent. The Monitoring Agent shall not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 6. Successor Monitoring Agent. Should the Monitoring Agent be dissolved or become incapable of fulfilling its obligations during the term of this Agreement,the Municipality shall have the right to appoint a successor to serve as Monitoring Agent for the remaining term of this Agreement. 7. Indemnity. The Developer agrees to indemnify and hold harmless the Monitoring Agent;MassHousing and the Municipality against all damages, costs and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent, MassHousing or the Municipality by reason-of its relationship with the Project under this Agreement and not involving the Monitoring Agent,MassHousing or the.Municipality acting in bad faith and with gross negligence. 8. Applicable Law. This Agreement, and the application or interpretation hereof, shall be governed by the laws of The Commonwealth of Massachusetts. -4- i s 9. BindingLAueement. This Agreement shall be binding on the parties hereto,their heirs, executors, personal representatives, successors and assigns. 10. Headings. All paragraph headings in this Agreement are for the convenience of reference only and are not intended to qualify the meaning of the paragraph. 11. Third-Party Beneficiaries. MassHousing and the Municipality shall be entitled to enforce this Agreement and may rely on the benefits of this Agreement. 12. Entire Agreement. This Agreement supersedes all prior agreements between the parties with respect to the Project, whether oral or written, including without limitation, all correspondence between the parties and between counsel for their respective parties. This Agreement constitutes the sole and entire agreement between the parties hereto with respect to the subject transaction, and the rights, duties, and obligations of the parties with respect thereto. In executing this Agreement,the Monitoring Agent acknowledges that the Monitoring Agent is not relying on any statement, representation, warranty, covenant or agreement of any kind made by the Developer, MassHousing or the Municipality or any employee or agent of any of the foregoing, except for the agreements set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first written above. [DEVELOPER] By: Title: CITIZENS HOUSING AND PLANNING. ASSOCATION, INC. By: Title: ACKNOWLEDGMENT BY MUNICIPALITY The undersigned, on behalf of the Town[City] of ,Massachusetts, hereby acknowledges the foregoing Monitoring Agreement between the Developer stated therein and Citizens Housing and Planning Association,Inc., as Monitoring Agent, for the development known as , located at - 5- t Date: Town [City] of By: -6- l __ t ACKNOWLEDGMENT BY MASSACHUSETTS HOUSING FINANCE AGENCY The undersigned Massachusetts Housing Finance Agency hereby acknowledges the foregoing Monitoring Agreement between the Developer stated therein and Citizens Housing and Planning Association, Inc., as Monitoring Agent, for the development known as located at Date: Massachusetts Housing Finance Agency By: Laurie R Wallach, General Counsel i 7 �h Rizzo A3socwEs, INc. o Traffic Impact Assessment Prop®sed Residential Development Barnstable, Massachusetts Submitted to: Bayberry Building Company Prepared by: Rizzo Associates, Inc. 'a May, 2000 a 1 1 Traffic Impact Assessment ' Proposed Residential Development Barnstable, Massachusetts 1 1 Submitted to: r Bayberry Building Company ' Prepared.by: Rizzo Associates, Inc. ' May, 2000 t 1 ' ' Traffic Impact Assessment Proposed Residential Development Barnstable, Massachusetts 1 1 .0 Introduction ' Rizzo Associates, Inc. has evaluated the potential traffic impacts associated with the proposed residential development to be located ' adjacent to Castlewood Circle in Barnstable, Massachusetts. The project consists of 56 single-family detached housing units with access to be provided by a single site drive located on the western portion of ' Castlewood Circle. Our assessment is based on a review of the proposed site plan, available ' accident data, recent traffic volumes and anticipated traffic generating characteristics of the proposed residential development. The assessment also includes the analysis of existing and projected traffic operations at t key intersections in the vicinity of the site during the morning and weekday evening commuter peak hours. This report documents our findings. ' 1. 1 Principal Findings It is anticipated that the proposed 56-parcel housing development will ' generate approximately 48 vehicle trips (12 entering and 36 exiting) during the weekday morning commuter peak hour and 63 vehicle trips (40 ' entering and 23 exiting) during the weekday evening commuter peak hour. The total daily trips anticipated for this development is 608 (304 entering and 304 exiting). Capacity analyses were conducted for key intersections in the vicinity P Y Y Y of the site for the Existing(without project) and Build (existing plus project) ' conditions. The intent of the analysis is to identify any existing operating deficiencies as well as any potential traffic impacts associated with the proposed project. The analysis indicates that all of the study area ' intersections currently operate with little or no delays during both the weekday morning and weekday evening commuter peak hours with the exception of the intersection of Bearses Way and Pitchers Way. ' The analysis indicates that the intersection of Bearses Way and Y y Pitchers Way currently operates at Level-of-Service "C" during the weekday ' morning peak commuter hours and Level-of-Service E (indicating longer delays) during evening commuter peak hours. ' The proposed project will result in minor traffic increases at the study area intersection and will have no impact on the operating levels of service Rizzo ASSOCIATES, INC. 1 ' Traffic Impact Assessment Proposed Residential Development Barnstable, Massachusetts 2 ' under the Build peak hour traffic conditions. The analysis also indicates that the proposed site drive will operate at LOS A during the weekday morning and evening commuter peak hours with little or no delay. 1 1 1 1 1 1 r 1 r . r r r r . RIZZO ASSOCIATES, INC. r Traffic Impact Assessment Proposed,Residential Development Barnstable, Massachusetts 3 2.0 Existing Conditions ' The evaluation of potential traffic impacts associated with the proposed project requires a thorough understanding of the existing roadways and intersections in the vicinity of the site. The evaluation of existing conditions includes an inventory of roadway and intersection geometry and traffic control devices, collection of traffic volumes during the ' commuter peak periods, and a review of recent accident data for intersections in the vicinity of the site. The following sections provide a summary of this information. 2.1 Study Area Intersections Bearses Way and Pitchers Way ' Bearses Way is two-lane urban arterial that runs in a northwest/southeast orientation and ends at the intersection of Pitchers Way in the vicinity of the project site. Pitchers Way is a two-lane an urban arterial that runs in a north/south orientation and serves as a connection between Route 132 and Route 28 in the vicinity of the site. The two streets intersect to form a"Y- type" unsignalized intersection with a traffic island provided on the southbound approach to Bearses Way. The traffic island serves to separate traffic exiting off of Pitchers Way onto Bearses Way as well as traffic turning right and left onto Pitchers Way off of Bearses Way. Pitchers Way and Castlewood Circle This intersection is similar to the intersection of Bearses Way and Pitchers Way in terms of configuration. Castlewood Circle runs in a north/south orientation and intersects Pitchers Way to form a"Y-type" intersection under stop sign control. The intersection is channeled with a traffic island located on the southbound approach to Pitchers Way. The traffic island ' serves to separate traffic exiting off of Castlewood Circle onto Pitchers Way as well as traffic turning left and right off of Pitchers Way onto Castlewood Circle. Castlewood Circle at Northeast Intersection ' Castlewood Circle has two major legs that are connected by three unnamed roadways. These connections between the different sections of Rizzo ASSOCIATES, INC. ' Traffic Impact Assessment Proposed Residential Development Barnstable, Massachusetts 4 Castlewood Circle act as separate intersections. The Castlewood Circle intersection in the northeast corner of the neighborhood is approximately ' 36 feet wide before it intersects with Pitchers Way. The western leg of this intersection is approximately 51 feet in width at the intersection. The eastern leg is approximately 33 feet in width as it enters the intersection. All three legs have one single lane that is used for through as well as turning movements. Castlewood Drive at Southeast Intersection The Castlewood Circle intersection in the southeast corner of the neighborhood is approximately 42 feet wide at the beginning of the southern leg. The western leg of this intersection is approximately 33 feet in width and the eastern leg is approximately 60 feet in width as it enters the intersection. All three legs have one single lane that is used for through as well as turning movements. It should be noted that a sign "dangerous intersection," however research of data from MassHighway regarding Castlewood Circle did not reveal any reported accidents data for this intersection within the three-year period (1995, 1996, 1997). Proposed Site Drive at Castlewood Circle The proposed site drive will intersect Castlewood Circle from the west at a right angle to form a"T-type" intersection. The width of the proposed site drive is 50 feet. Sight distances in and out of the project site drive are at— grade and adequate for left and right turn movements out of the site. 2.2 . Existing Traffic Volumes 1 Rizzo Associates conducted turning movement and vehicle classification counts at the study area intersections. These were conducted during the weekday morning (from 7:00 AM to 9:00 AM) and weekday evening ' (from 4:00 PM to 6:00 PM) during the month of May. Seasonal Variation An analysis of the Cape Cod traffic volume information published in 1999 shows that traffic volumes on Cape Cod for the month of May are above ! the yearly average. Consequently, no seasonal adjustments were made to the traffic volumes collected for this study in May, 2000. The 2000 Existing morning and evening peak hour traffic volumes are provided in the appendix. Rizzo ASSOCIATES, INC. ' Traffic Impact Assessment Proposed Residential Development Barnstable, Massachusetts 5 2.3 Accident Analysis Accident data for the study area roadways and intersections were obtained ' from the MassHighway Department for the most recent three-year period available. These data include complete yearly accident summaries for 1995, 1996 and 1997. Summary of the accident data is presented in Table 1. ' Table I Accident Summary 199S - 1997 Pitchers Way and Pitchers Way and Bearses Castlewood Circle Way Total Accidents 2 2 Year 1995 0 0 1996 0 1 1997 2 " 1 TOTAL 2 2 Type Angle 2 0 Head-On 0 0 ' Rear-End 0 1 Unknown 0 1 Road Conditions Dry 0 2 Wet 0 0 Snowy/Icy 2 0 Unknown 0 0 Light Conditions Day I I Dawn/Dusk 0 0 Night 1 Unknown 0 0 Source:MassHighway Crash Data;.1995, 1996, 1997 As shown in Table 1,the intersection of Bearses Way and Pitchers Way ' and Pitchers Way and Castlewood Circle each experienced only two accidents three-year period. This is not an unusually high number of RIZZO ASSOCIATES, INC. Traffic Impact Assessment Proposed Residential Development Barnstable, Massachusetts 6 accidents given the traffic volumes passing through these intersections. There were no reported accidents for the intersections within Castlewood Circle (northeastern and southeastern). 3.0 Future Build (with Project) Traffic Conditions To establish the future Build(with project)traffic conditions potential ' traffic increases associated with the proposed development as well as other planned area developments were considered. The following section describes the methodology used to develop the future build traffic conditions. 3.1 Other Area Development Based on discussions with representatives from the Town of Barnstable, there are no other planned development projects that would increase traffic volumes on the roadways in the vicinity of the site. ' 3.2 Site-Generated Traffic The vehicle trip generation estimates for the proposed project were ' developed based on data presented in the Institute of Transportation Engineers' publication Trip Generation, 6"'Edition Under land use 210 t (single family detached homes) assuming 56 homes. The projected weekday daily and morning and evening peak hour vehicle.trip estimates are presented in Table 2. Table 2 Project Trip Generation—Single-Family Detached Housing ' j Exit Enter Total Weekday Daily 304 304 608 Weekday Morning 36 12 48 Peak Hour Weekday Evening 23 40 63 Peak hour Based on data contained in Institute of Transportation Engineers'publication trip Generation 6' Edition under Land Use Code 210 assuming 56 units. RIZZO ASSOCIATES, INC. ' Traffic Impact Assessment Proposed Residential Development Barnstable, Massachusetts 7 3.3 Project Trip Distribution and Assignment J P g ' The site-generated traffic was distributed to the roadway system based on a review of existing travel patterns at intersections in the vicinity of the site. Based on this data it is anticipated that approximately 45 percent of the site traffic will travel to and from the south and 55 percent will travel to and from the north during the morning peak period. It is assumed that 30 percent of traffic will travel to and from the south and 70 percent will ' travel to and from the north during the evening peak period. 3.4 Build Traffic Volumes To establish the peak hour traffic volumes after the project completion date the estimated project trips for a 56-parcel single-family detached housing unit development were added to the existing traffic volumes. The project related traffic was distributed to the surrounding roadway network based on the project distribution patterns presented above. The morning and evening peak hour traffic volumes are illustrated in the appendix. 4.'0 . Traffic Operations Analysis In previous sections of this report, the quantity of traffic on the study area ' roadways was described. The following section describes the quality of traffic flow at the study area intersections for the given travel demands. As a basis for this assessment, intersection capacity analyses were conducted for the study area intersections under the Existing conditions and the ' existing conditions with the project trips added. The following level-of- service results are based on procedures contained in the 1994 Highway Capacity Manual (HCM). A discussion of the evaluation criteria and a summary of the results of capacity analyses are presented below. 4.1 Level-of-service Criteria Level-of-service (LOS) is a term used to describe the quality of traffic ' flow on a roadway or intersection for a particular point in time. It is an aggregate measure of travel delay, travel speed, congestion, driver convenience, and safety based on a comparison of the roadway facility's capacity to the travel demands. Operating levels of service are reported on a scale of A to F with A representing the best conditions (with little or no delay) and F representing the worst operating conditions (long delays). Rizzo ASSOCIATES, INC. Traffic Impact Assessment Proposed Residential Development Barnstable, Massachusetts 8 4.2 Capacity Analysis Results Intersection capacity analyses were conducted for the adjacent ' unsignalized intersections of Bearses Way and Pitchers Way, Pitchers Way and Castlewood Circle,the northeast intersection within Castlewood Circle,the southeast intersection within Castlewood Circle and the proposed Site Drive located on the western portion of Castlewood Circle. The results of the intersection capacity analysis are summarized in Table 3. Rizzo ASSOCIATES, INC. Traffic Impact Assessment Proposed Residential Development Barnstable, Massachusetts 9 tTable 3 Level of Service Summary Existing Existing with Project Time Delay LOS2 Delay LOS ' Unsignalized Intersections Bearses Way and AM 13.0 C 14.0 C Pitchers Way PM 35.0 E 43.0 E Pitchers Way and AM 2.0 A 2.0 A Castlewood Circle PM 3.0 A 3.0 A Castlewood Circle AM 2.0 A 2.0 A Northeast PM 2.0 A 2.0 A Intersection ' Castlewood Circle AM 2.0 A 3.0 A Southeast PM 1.0 A 2.0 A Intersection Proposed Project N/A N/A N/A 4.0 A Site Drive N/A N/A N/A 4.0 A ' The results are resented for critical intersection movement or approach. General) - p pp (Generally,the left turn movements from the minor street approach.) ' Z Level of Service. N/A= Not Applicable As shown in Table 3, all of the study area intersections current)Y operate erate at LOS A with little or no delays during both the weekday morning and ' evening commuter peak hours with the exception of the intersection of Bearses Way and Pitchers Way. The intersection of Bearses Way and Pitchers Way currently operates at LOS C during the weekday morning ' peak hours and LOS E (indicating longer delays) during the weekday morning peak hours. While this intersection currently experiences longer delays during the weekday evening commuter peak hours for the critical left-turn movement from Pitchers Way to Bearses Way the analysis indicates that the intersection operates below capacity. Comparing the results of the existing traffic operations to the Build (with project) traffic operations indicate that the minor traffic increases associated with the proposed project will not change the current operating ' levels of service at any of the study area intersections. In addition all of RIZZO ASSOCIATES, INC. Traffic Impact Assessment Proposed Residential Development Barnstable, Massachusetts 10 the study area intersections will continue to operate below capacity under the Build (with project)traffic conditions . The analysis also indicates that the proposed project site drive operates effectively at LOS A, with little or no delays. ' 5.0 Conclusions Rizzo Associates has evaluated potential traffic volume and existing operational characteristics as well as analyzing the impacts associated with the proposed 56-parcel single-family housing development. The following summarize the findings of this study. ■ The analysis indicates that all of the study area intersections currently operate below capacity during both the weekday morning and evening commuter peak hours and will continue to operate below capacity t under the Build (with project)traffic conditions. ■ The.proposed 56-parcel housing development will generate approximately 48 vehicle trips (12 entering trips and 36 exiting trips) during the weekday morning commuter peak hour and 63 vehicle trips ' (40 entering trips and 23 exiting trips) during the weekday evening commuter peak hour. ■ The comparison of analysis of existing and future traffic conditions indicates that the minor traffic increases associated with the proposed project will have no impact on the current operating levels of service at ' the study intersections. ■ The analysis also indicates that the proposed site drive will operate effectively at LOS A during the weekday morning and evening peak hours. P:\6897_Bay\Reports\May final report.doc Rizzo ASSOCIATES, INC. 1 1 1 1 1 1 1 1 ' Appendix Rizzo ASSOCIATES, INC. JOB ENGINEERS AND ENVIRONMENTAL SCIENTISTS SHEET NO. OF AN EMPLOYEE-OWNED COMPANY CALCULATED T K 266 Summer Street,Boston,MA 02210-1112 DATE. Tel:(617)357-0720 Fax:(617)357-0722 CHECKED BY At vj DATE, scALE AM PEAK VOLQME-S xlmcl........... ............ ............ 2000 EXIS . . ............................. ................ ............. .................. ....................... ........ ................... ...............- ............ ........... ............. ........... ........................ ........... .......... ............. ............. ............ ......... ..... ....................... .. ........ ........... ........................... .......... ............. ............ .......... .................. ............. ......................... ............ .......... ................... .......................... .......... .......... ... 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Rizzo ASSOCIATES, INC. JOB ENGINEERS AND ENVIRONMENTAL SCIENTIST S SHEET NO. OF AN EMPLOYEE-OWNED COMPANY 266 Summer Street,Boston,MA 02210-1112 CALCULATED BY DATE Tel:(617)357-0720 Fax:(617)357-0722 CHECI(ED BY- izi DATE SCALE V. L ...............— .............. .............. .......... .......... 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Rizzo ASSOCIATES, INC. J013 �::NGINEtJ?,S�ANL)�-ENIIIRO-,\-'.AIEN..TAL SCIIENTISTS SHEET NO. OF AN EMPLOYEE-OWNED COMPANY 266 Summer Street,Boston,MA 02210-1112 CALCULATED BY TK DATEV2_0 I Lo CIO Tel:(617)357-0720 Fax:(617)357-0722 CHECKED B DATE PATTFDZ-� ............... ........................ ........... ................................. ............................... ................ .................. ............ .......... .......................... ............................ ............... ....................... ................................ .............. ...................... .. ......... .......... ............. ................ .......... ........................................ .......... ............ .......... ...................... ............ ...... ................ .. ........ ............ . ........................ ................................................. ........... ........................ .........................-- ............ ............. ........... ........... ............. ................................ ........................ ............... ......................... ........... .............................. . ...... ........................ ...... ...................................... ................. ........... ............. .............- .......... .............. . ..... .................. .......... ............ ............. .................. .......... ........... ....... .................. . ........ ................. ............. ........................... ............................ ........ ........... .................. ........... .......... ...................... ...... ........................ ................ ......... ... ............................ ............................. ............. ................... ............. ............................................. ........... .................. ..................... ............. .............................- ................... ............ ....................... .... ........................ ............. .............. ........ ......... 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Rizzo ASSOCIATES, INC. JOB ENC IN EEi?,S :AN V. EN-11 I RO N.ill ENITAL-SCIENT I STS SHEET NO. OF AN EMPLOYEE-OWNED COMPANY CALCULATED _1K 266 Summer Street,Boston,MA 02210.1112 BY DATE Tel:(617)357-0720 Fax:(617)357-0722 CHECKED By DATE ..........- ................. ....................... ......................... .............................. ..............-............ ........... ............. ............ 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RIZZO ASSOCIATES, INC. JOB ENVIRONMENTALENGINEERS AND SHEET NO. 6 OF AN EMPLOYEE-OWNED COMPANY P/� JZ00 266 Summer Street,Boston,MA 02210-1112 CALCULATED BY DATE_J Tel:(617)357-0720 Fax:(617)357-0722 + CHECKED BY DATE S/Za/ WALE aD 3 E CT `TrZ I S ..... ....... c �.. . . .. �. �^s Z es.tvy . ... . .... .... _ . P ..... ............ � u n k c� ._. c. _. _ .. _. ........ P . .. .... P V .... .. ... .......... 11 .................. ............ 1.1-11.1.11. . ............ ............... ....................... ............ .................. .......... ........................... ............. ........ .............. ................ .......... RIZZO ASSOCIATES, INC. JOB ENGINEERS AND :ENVIRONMENTAL SCIENTISTS Q SHEET NO. � OF V AN EMPLOYEE-OWNED COMPANY T 266 Summer Street,Boston,MA 02210-1112 CALCULATED BY nn" DATE 12-0 Tel:(617)357-0720 Fag:(617)357.0722 CHECK BY K r DATE S/u�/ZOt3J SCALE R M P AK Kou 9, 1 . p w l ... QP ..... 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K0................ ..............................- .... ....... ............. ........... -............ ............. ' HCS : Unsignalized Intersections Release 2 . 1g 1AMEX.HCO Page 1 Center For For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 -------------- Streets : (N-S) Castlewood Circle (E-W) Castlewood Circle Major Street Direction. . . . EW ' Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis . . . . . . . . . . 5/22/0 ' Other Information. . . . . . . . .Southern Intersection/Castlewood Circle Two-way Stop-controlled Intersection ------------------------------- ' Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ---- No. Lanes 0 > 0 < 0 0 0 0 0 > 1 0 0 1 < 0 Stop/Yield N N Volumes 4 3 4 13 24 3 PHF . 95 . 95 . 95 . 95 . 95 . 95 Grade . 0 0 0 MC' s OU SU/RV' s (%) CV' s ( o) PCE' s 1 . 10 1 . 10 1 . 10 1 . 10 1 . 10 ----------------------------------------------------------------------- Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) ------------------------------------------------------------------ tLeft Turn Major -Road 5 . 50 2 . 10 Right Turn Minor Road 5 . 50 2 . 60 Through Traffic Minor Road 6 . 50 3 . 30 Left Turn Minor Road 7 . 00 3 .40 HCS: Unsignalized Intersections Release 2 . 1g 1AMEX.HCO Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1 : RT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows : (vph) 0 ' Potential Capacity: (pcph) 1385 Movement Capacity: (pcph) 1385 Prob. of Queue-Free State: 1. 00 ------------------------------------7------------------- ' Step 2 : LT from Major Street WB EB -------------------------------------------------------- Conflicting Flows: (vph) 0 Potential Capacity: (pcph) 1714 Movement Capacity: (pcph) 1714 Prob. of Queue-Free State: 1 . 00 ' TH Saturation Flow Rate : (pcphpl) 0 RT Saturation Flow Rate: (pcphpl) 1700 Major LT Shared Lane Prob. of Queue-Free State : 1. 00 -------------------------------------------------------- Step 3 : TH from Minor Street NB SB -------------------------------------------------------- ' Conflicting Flows : (vph) 6 7 Potential Capacity: (pcph) 1082 1081 Capacity Adjustment Factor ' due to Impeding Movements 1 . 00 1. 00 Movement Capacity: (pcph) 1079 1078 Prob. of Queue-Free State: 0 . 99 0 . 97 -------------------------------------------------------- Step 4 : LT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows : (vph) 20 Potential Capacity: (pcph) 1028 Major LT, Minor TH Impedance Factor: 0 . 97 Adjusted Impedance Factor: 0 . 98 Capacity Adjustment Factor due to Impeding Movements 0 . 98 Movement Capacity: (pcph) 1004 -------------------------------------------------------- 1 HCS: Unsignalized Intersections Release 2 . 1g 1AMEX.HCO Page 3 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph) (sec/veh) (veh) (sec/veh) -------- ------ ------ ----- ------ ------- ----- --------- NB L 4 1004 > 1062 3 . 5 0 . 0 A NB T 15 1079 > 3 . 5 SB T 28 1078 > 3 .4 SB R 3 1385 ,> 1102 3 .4 0 . 0 A ' EB L 4 1714 2 . 1 0 . 0 A 1 . 2 ' Intersection Delay = 3 . 1 sec/veh 1 1 ' HCS : Unsignalized Intersections Release 2 . 1g 1AMBU.HCO Page 1 Center For Microcomputers In Transportation ' University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 Streets : (N-S) Castlewood Circle (E-W) Castlewood Circle ' Major Street Direction. . . . EW Length of Time Analyzed.. . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis . . . . . . . . . . 5/22/0 ' Other Information. . . . . . . . . Southern Intersection/Castlewood Circle 1AMBU Two-way Stop-controlled Intersection Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ---- ---- ---- ---- ---- ---- ---- ---- --- ---- ---- ---- No. Lanes 0 > 0 < 0 0 0 0 0 > 1 0 0 1 < 0 Stop/Yield N N Volumes 4 19 9 13 24 3 ' PHF . 95 . 95 . 95 . 95 . 95 . 95 Grade 0 0 0 MC' s M) SU/RV' s (o) tCV' s (%) PCE ' s 1 . 10 1 . 10 1 . 10 1 . 10 1 . 10 ----------------------------------------------------------------------- Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) _----------_ -Time (tf) ---------------------------------------------- Left Turn Major Road 5 . 50 2 . 10 Right Turn Minor Road 5 . 50 2 . 60 ' Through Traffic Minor Road 6 . 50 3 . 30 Left Turn Minor Road 7. 00 3 .40 HCS: Unsignalized Intersections Release 2 . 1g, 1AMBU.HCO Page 2 ' Worksheet for TWSC Intersection -------------------------------------------------------- Step 1 : RT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows : (vph) 0 Potential Capacity: (pcph) 1385 Movement Capacity: (pcph) 1385 Prob. of Queue-Free State : 1 . 00 ------------------------------------7------------------- Step 2 : LT from Major Street WB EB -------------------------------------------------------- Conflicting Flows : (vph) 0 Potential Capacity: (pcph) 1714 Movement Capacity: (pcph) 1714 , Prob. of Queue-Free 'State : 1 . 00 TH Saturation Flow Rate: (pcphpl) 0 ' RT Saturation Flow Rate : (pcphpl) 1700 Major LT Shared Lane Prob. of Queue-Free State : 1 . 00 ------------------------=------------------------------- Step 3 : TH from Minor Street NB SB -------------------------------------------------------- ' Conflicting Flows : (vph) 14 24 Potential Capacity: (pcph) 1071 1056 Capacity Adjustment Factor due to Impeding Movements 1 . 00 1 . 00 ' Movement Capacity: (pcph) 1068 1054 Prob. of Queue-Free State : 0 . 99 0 . 97 -------------- I ----------------------------- ' Step 4 : LT from Minor Street NBSB ---------------------------- ------------- ----------- Conflicting Flows : (vph) 28 ' Potential Capacity: (pcph) 1016 Major LT, Minor TH Impedance Factor: 0 . 97 Adjusted Impedance Factor: 0 . 98 ' Capacity Adjustment Factor due to Impeding Movements 0 . 98 Movement Capacity: (pcph) 991 -------------------------------------------------------- ' HCS : Unsi nalized Intersections Release 2 . 1 1AMBU.HC0 g g Page 3 ' Intersection Performance Summary Avg. 950 Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay 1 Movement (pcph) (pcph) (pcph) (sec/veh) _ (veh) _ _____ (sec/veh) NB L 10 991 > 1036 3 . 6 0 . 0 A NB T 15 1068 > 3 . 6 1 SB T 28 1054 > 3 .4 SB R 3 1385 > 1079 3 .4 0 . 0 A 1 EB L 4 1714 2 . 1 0 . 0 A 0 .4 Intersection Delay = 2 . 5 sec/veh 1 1 1 I, 1 , i 1 1 1 1 . 1 tHCS : Unsignalized Intersections Release 2 . 1g 2AMEX.HCO Page 1 Center For Microcomputers In Transportation ' University of Florida 512 Weil Hall Gainesville, FL 32611-2083 ' Ph: (904) 392-0378 -------------------- Streets : (N-S) Castlewood Circle (E-W) Castlewood Circle ' Major Street Direction. . . . EW Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis . . . . . . . . . . 5/22/0 Other Information. . . . . . . . .Northern Intersection/Castlewood Circle Two-way Stop-controlled Intersection ' Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ' No. Lanes 0 > 0 < 0 0 0 0 0 > 1 0 0 1 < 0 Stop/Yield N N Volumes 15 15 0 27 19 8 PHF . 95 . 95 . 95 . 95 . 95 . 95 ' Grade 0 0 0 MC' s (o) SU/RV' s (%) CV' s (%) PCE' s 1 . 10 1 . 10 1 . 10 1 . 10 1 . 10 ----------------------------------------------------------------------- Adjustment Factors ' Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) 1 ------------------------------------------------------------------ Left Turn Major Road 5 . 50 2 . 10 Right Turn Minor Road . 5 . 50 2 . 60 Through Traffic Minor Road 6 . 50 3 .30 ' Left Turn Minor Road 7 . 00 3 .40 t 1 HCS : Unsignalized Intersections Release 2 . 1g 2AMEX.HCO Page 2 Worksheet for TWS___________________________________________ C Intersection -------------------------------------------------------- Step 1 : RT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows : (vph) 0 ' Potential Capacity: (pcph) 1385 Movement Capacity: (pcph) 1385 Prob. of Queue-Free State : 0 . 99 -------------------------------------------------------- Step 2 : LT from Major Street --WB---- ----EB --------------------------------------- Conflicting Flows : (vph) 0 ' Potential Capacity: (pcph) 1714 Movement Capacity: (pcph). 1714 Prob. of Queue-Free State: 0 . 99 ' TH Saturation Flow Rate: (pcphpl) 10 RT Saturation Flow Rate : (pcphpl) 1700 Major LT Shared Lane Prob. of Queue-Free State : 0 . 99 -----------_--------------------------------------------- Step 3 : TH from Minor Street NB SB ------------------------------------------------------- Conflicting Flows : (vph) 24 32 Potential Capacity: (pcph) 1056 1045 Capacity Adjustment Factor ' due to Impeding Movements 0 . 99 0 . 99 Movement Capacity: (pcph) 1045 1034 Prob. of Queue-Free State : 0 . 97 0 . 98 -------------------------------------------------------- Step 4 : LT from Minor Street . NB SB ---------------------------------_------- Conflicting Flows : (vph) 38 Potential Capacity: (pcph) 1001 Major LT, Minor TH Impedance Factor: 0 . 97 Adjusted Impedance Factor: 0 . 98 Capacity Adjustment Factor due to Impeding Movements 0 . 97 Movement Capacity: (pcph) 970 ---------------------------------- ------------------- 1 HCS: Unsignalized Intersections Release 2 . 1g 2AMEX.HCO Page 3 ' Intersection Performance Summary ' Avg. 950 Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay ' Movement (pcph) (pcph) (pcph) (sec/veh) _ (veh) _ (sec/veh) NB L 0 970 > 1045 3 . 6 0 . 0 A NB T 31 1045 > 3 . 6 SB T 22 1034 > 3 .3 SB R 9 1385 > 1116 3 >3 0 . 0 A EB L 18 1714 2 . 1 0 . 0 A 1 . 1 ' Intersection Delay = 2 . 6 sec/veh HCS: Unsignalized Intersections Release 2 . 1g 2AMBU.HCO Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 Streets : (N-S) Castlewood Circle (E-W) Castlewood Circle Major Street Direction. . . . EW Length of Time Analyzed. . . 15 (min) Analyst. . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis . . . ... . . . . 5/22/0 Other Information. . . . . . . . . Northern Intersection/Castlewood Circle 2AMBU Two-way Stop-controlled Intersection Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- No. Lanes 0 > 0 < 0 0 0 0 0 > 1 0 0 1 < 0 Stop/Yield N N Volumes 35 15 0 27 19 15 PHF . 95 . 95 . 95 . 95 . 95 . 95 Grade 0 0 0 MC' s M) SU/RV' s O CV' s (o) PCE' s i . 10 1 . 10 1. 10 1 . 10 1 . 10 ----------------------------------------------------------------------- Adjustment Factors Vehicle Critical Follow-up Maneuver---- Gap (tg) Time- (tf) Left Turn Major Road 5 . 50 2 . 10 Right Turn Minor Road 5 . 50 2 . 60 Through Traffic Minor -Road 6 . 50 3 . 30 Left Turn Minor Road 7 . 00 3 .40 Unsi n Intersections HCS.• g alized I t ections Release 2 . 1g 2AMBU.HCO Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1 : RT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows : (vph) 0 ' Potential Capacity: (pcph) 1385 Movement Capacity: (pcph) 1385 Prob. of Queue-Free State: 0 . 99 ' Step 2 : LT from Major Street WB-----------------------EB ------------------------------------------- Conflicting Flows : (vph) 0 ' Potential Capacity: (pcph) 1714 Movement Capacity: (pcph) 1714 Prob. of Queue-Free State: 0 . 98 ' TH Saturation Flow Rate : (pcphpl) 0 RT Saturation Flow Rate: (pcphpl) 1700 Major LT Shared Lane Prob. of Queue-Free State : 0 . 98 -------------------------------------------------------- Step 3 : TH from Minor Street NB SB -----------------------=-------------------------------- Conflicting Flows : (vph) 45 53 Potential Capacity: (pcph) 1027 1016 Capacity Adjustment Factor due to Impeding Movements 0 . 98 0 . 98 Movement Capacity: (pcph) 1002 991 . Prob. of Queue-Free State : 0 . 97 0 . 98 -------------------------------------------------------- Step 4 : LT from Minor Street NB SB` -------------------------------------------------------- Conflicting Flows : (vph) 63 ' Potential Capacity: (pcph) 965 Major LT, Minor TH Impedance Factor: 0 . 95 Adjusted Impedance Factor: 0 . 97 ' Capacity Adjustment Factor due to Impeding Movements 0 . 95 Movement Capacity:- (pcph) 919 -------------------------------------------------------- HCS: Unsignalized Intersections Release 2 . 1g 2AMBU.HCO Page 3 Intersection Performance Summary ' Avg. 950 Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (paph) (pcph) (pcph) (sec/veh) (veh) (sec/veh) -------- ------ ------ ------ ------- ------- ----- --------- NB L 0 919 > 1002 3 . 7 0 . 0 A NB T 31 1002 > 3 . 7 ' SB T 22 991 > 3 .3 SB R 18 1385 > 1136 3 .3 0 . 0 A ' EB L 41 1714 2 .2 0 . 0 A 1 . 5 Intersection Delay = 2 . 6 sec/veh HCS : Unsignalized Intersections Release 2 . 1g 3AMEX.HCO Page 1 Center For Microcomputers In Transportation ' University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 -------------------------------- Streets: (N-S) Castlewood Circle (E-W) Pitchers Way ' Major Street Direction. . . . EW Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis . . . . . . . . . . 5/22/0 Other Information. . . . . . . . .3 AM Existing Two-way Stop-controlled Intersection ' Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ' No. Lanes 0 1 < 0 0 > 1 0 0 > 0 < 0 0 0 0 Stop/Yield N N Volumes 91 20 7 149 40 2 PHF . 95 .95. . 95 . 95 . 95 . 95 ' Grade 0 0 0 MC' s (o) SU/RV' s M. CV' s (o) PCE ' s 1 . 10 1 . 10 1 . 10 ----------------------------------------------------------------------- Adjustment Factors ' Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) ---------- ------------------------------------------------------ Left Turn Major Road 5 . 00 2 . 10 Right Turn Minor Road 5 . 50 2 . 60 Through Traffic Minor Road 6 . 00 3 . 30 �, Left Turn Minor Road 6 . 50 3 .40 HCS : Unsignalized Intersections :Release 2 . 1g 3AMEX.HCO Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1 : RT from Minor Street ------- NB-----------SB Conflicting Flows : (vph) 106 ' Potential Capacity: (pcph) 1224 Movement Capacity: (pcph) 1224 Prob. of Queue-Free State : 1 . 00 -------------------------------`------------------------- ' Step 2 : LT from Major-Street -------------WB-----------EB -------------------- Conflicting Flows : (vph) 117 ' Potential Capacity: (pcph) 1508 Movement Capacity: (pcph) 1508 Prob. of Queue-Free State 0 .99 TH Saturation Flow Rate : (pcphpl) 1700 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. of Queue-Free State: 0 . 99 -------------------------------------------------------- Step 4 : LT� from Minor Street NB SB -------------------------------------------------------- ' Conflicting Flows : (vph) 270 Potential Capacity: (pcph) 739 Major LT, Minor TH Impedance Factor: 0 . 99 ' Adjusted Impedance Factor: 0 . 99 Capacity Adjustment Factor due to Impeding Movements 0 . 99 Movement Capacity: (pcph) 735 -------------------------------------------------------- Intersection Performance Summary Avg. 95a Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length . LOS Delay Movement (pcph) (pcph) (pcph) (sec/veh) (veh) (sec/veh) ' NB L 46 735 > 747 5 . 1 0 . 1 B 5 . 1 NB R 2 1224 > WB L 8 1508 2 .4 0 . 0 A 0 . 1 Intersection Delay 0 . 8 sec/veh . HCS : Unsignalized Intersections Release 2 . 1g 3AMBU.HCO Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph:- (904) _392=0378_____________________________________ Streets : (N-S) Castlewood Circle (E-W) Pitchers Way Major Street Direction. . . . EW ' Length of Time Analyzed. . . 15 (min) Analyst. . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis. . . . . . . . . . 5/22/0 Other Information. . . . . . . . . 3 AM Build Two-way Stop-controlled Intersection Eastbound Westbound Northbound Southbound ' L T R L T R L T R L T R ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- No. Lanes 0 1 < 0 0 > 1 0 0 > 0 < 0 0 0 0 Stop/Yield N N Volumes 91 26 8 149 59 3 PHF . 95 . 95" . 95 . 95 . 95 . 95 Grade 0 0 0 MC' s (o) SU/RV' s (o) CV' s M) PCE' s 1 . 10 1 . 10 1 . 10 ----------------------------------------------------------------------- Adjustment Factors ' Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) ------------------------------------------------------------------ Left Turn Major Road 5 . 00 2 . 10 Right Turn Minor Road 5 . 50 2 . 60 Through Traffic Minor Road 6 . 00 3 .30 ' Left Turn Minor Road 6 . 50 3 .40 _ y HCS: Unsignalized Intersections Release 2 . 1g 3AMBU.HCO Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1 : RT from Minor-Street -------------NB------ B S -------------------- ----- Conflicting Flows: (vph) 110 ' Potential Capacity: (pcph) 1218 Movement Capacity: (pcph) 1218 Prob. of Queue-Free State : 1 . 00 -------------------------------------------------------- Step 2 : LT from Major Street WB EB ---------------------------------------------------------- Conflicting Flows : (vph) 123 ' Potential Capacity: (pcph) 1498 Movement Capacity: (pcph) 1498 Prob. of Queue-Free State : 0 . 99 ' TH Saturation Flow Rate : (pcphpl) 1700 RT Saturation Flow Rate : (pcphpl) Major LT Shared Lane Prob. of Queue-Free State: 0 . 99 i -------------------------------------------------------- Step 4 : LT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows : (vph) 274 Potential Capacity: (pcph) 735 Major LT, Minor TH Impedance Factor: 0 . 99 Adjusted Impedance Factor: 0 . 99 Capacity Adjustment Factor due to Impeding Movements 0 . 99 ' Movement Capacity: (pcph) --- -----------730 ------------------------- -------------- ' Intersection Performance Summary Avg. 9501 ' Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph) (sec/veh) (veh) (sec/veh) NB L 68 730 > 743 5 .4 0 .3 B 5 .4 NB R 3 1218 > WB L 9 1498 2 .4 0 . 0 A 0 . 1 Intersection Delay = 1 . 0 sec/veh M ' HCS: Unsignalized Intersections Release 2 . 1g 4AMEX.HCO Page 1 Center For Microcomputers In Transportation ' University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 - ----------------------- Streets : (N-S) Pitchers Way (E-W) Bearses Way ' Major Street Direction. . . . EW Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis . . .. 5/22/0 ' Other Information. . . . . . . . .4 AM Existing Two-way Stop-controlled Intersection ------------------ Eastbound Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes 0 1 < 0 0 > 1 0 0 > 0 < 0 0 0 0 Stop/Yield N N Volumes 345 88 23 176 156 33 PHF . 95 . 95 .95 . 95 . 95 . 95 Grade 0 0 0 MC' s (o) SU/RV' s M CV' s (o) PCE' s 1 . 10 1 . 10 1 . 10 ---------------------------------------------------------------- - --- Adjustment Factors ' Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) ------------------------=----------------------------------------- Left Turn Major Road 5 . 00 2 . 10 Right Turn Minor Road 5 . 50 2 . 60 Through Traffic Minor Road 6 . 00 3 . 30 ' Left Turn .Minor Road 6 . 50 3 .40 z . HCS: Unsignalized Intersections Release 2 . 1g 4AMEX.HCO Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1 : RT from Minor Street NB SB -----------------------------------------------=-------- Conflicting Flows : (vph) 410 Potential Capacity: (pcph) 858 ' Movement Capacity: (pcph) 858 Prob. of Queue-Free State : 0 . 95 -------------------------------------------------------- Step 2 : LT from Major Street WB EB ------------------------------------- ------------------ Conflicting Flows : (vph) 456 ' Potential Capacity: (pcph) 1039 Movement Capacity: (pcph) 1039 Prob. of Queue-Free State : 0 . 97 TH Saturation Flow Rate: (pcphpl) 1700 ' RT Saturation Flow Rate : (pcphpl) Major LT Shared Lane Prob. of Queue-Free State : 0 . 97 -------------------------------------------------------- Step 4 : LT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows : (vph) 618 Potential Capacity: (pcph) 464 Major LT, Minor TH Impedance Factor: 0 . 97 ' Adjusted Impedance Factor: 0. 97 Capacity Adjustment Factor due to Impeding Movements 0 . 97 ' Movement Capacity: (pcph) 451 --------------------------------------- Intersection Performance Summary Avg . 950 Flow Move Shared Total Queue Approach ' Rate Cap Cap Delay Length LOS Delay Movement (pcph) (;pcph) (pcph) (sec/veh) (veh) (sec/veh) NB L 180 451 > 493, 13 . 0 2 . 3 C 13 . 0 NB R 39 858 > - - 1 WB L 26 1039 3 . 6 0 . 0 A 0 .4 Intersection Delay = 3 . 1 sec/veh ' HCS: Unsignalized Intersections Release 2 . 1g 4AMBU.HCO Pagel Center For Microcomputers In -Transportation ' University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 Streets : (N-S) Castlewood Circle (E-W) Site Drive M ajor Street Direction. . . . EW ' ' Length of Time Analyzed. . . 15 (min) nalyst . . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis . . . . . :. . . 5/22/0 ' Other Information. . . . ... . . .4 AM Build Two-way Stop-controlled Intersection Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ---- No. Lanes 0 1 < 0 • 0 >. 1 0 0 > 0 < 0 0 0 0 Stop/Yield N N Volumes 345 93 '24 176 173 35 PHF . 95 : 95 . 95 . 95 . 95 95 Grade 0 0 0 MC' s (%) SU/RV' s (%) CV' s (%) PCE' s 1 . 10 1 . 10 1 . 10 Adjustment Factors a Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) ' --------------------------- -------------------------------- - --- Left Turn Major Road 5 . 00 2 . 10 Right Turn Minor Road 5 .50 2 . 60, Through Traffic Minor Road 6 . 00 3 . 30 Left Turn Minor Road 6 .50 3r40 HCS: Unsignalized Intersections Release 2 . 1g 4AMBU.HCO Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step-1_-RT-from-Minor-Street NB SB Conflicting Flows : (vph) 41.2 Potential Capacity: (pcph) 856 ' Movement Capacity: (pcph) 856 Prob. of Queue-Free State : 0 . 95 -------------------------------------------------------- Step 2 : LT from Major Street WB-_---------EB ---------------------------------------- Conflicting Flows : (vph) 461 Potential Capacity: (pcph) 1034 Movement Capacity: (pcph) 1034 Prob. of Queue-Free State : 0 . 97 TH Saturation Flow Rate: (pcphpl) 1700 ' RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. of Queue-Free State : 0 . 97 Step 4 : LT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows : (vph) 622 Potential Capacity: (pcph) 462 Major LT, Minor TH Impedance Factor: 0 . 97 ' Adjusted Impedance Factor: 0 . 97 Capacity Adjustment Factor due to Impeding Movements 0 . 97 Movement Capacity: (pcph) ------448------- ---------------------------------- ------ Intersection Performance Summary Avg. 9501 Flow Move Shared Total Queue Approach ' Rate Cap Cap Delay Length LOS Delay Movement (pcph). (pcph) (pcph) (sec/veh) (veh) (sec/veh) NB L 200 448 > ' 488 14 .4 2 . 7 C 14 .4 NB R 41 856 > ' WB L 28 1034 3 . 6 0 . 0 A 0 .4 Intersection Delay = 3 . 6 sec/veh 1 HCS : Unsignalized Intersections Release 2 . 1g 5AMBU.HCO Page 1 ------------ Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 ' Ph: (904) 392-0378 Streets : (N-S) Castlewood Circle (E-W) Site Drive Major Street Direction. . .. EW 1 Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis . . . . . . . . . . 5/22/0 1 Other Information. . . . . . . . . 5 AM Build Two-way Stop-controlled Intersection --------------------------- 1 Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- No. Lanes 0 > 0 < 0 0 0 0 0 > 1 0 0 1 < 0 1 Stop/Yield N N Volumes 20 16 5 12 6 7 PHF . 95 . 95 . 95 . 95 . 95 . 95 1 Grade 0 0 0 MC' s (%) SU/RV' s (%) ' CV' s (%) PCE' s-------1_10 --------------1_10-1_10 1 . 10 1 . 10 1 Adjustment Factors 1 Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) ------------------------------------------------------------------ 1 Left Turn Major Road 5 . 50 2 . 10 Right Turn Minor Road 5 . 50 2 . 60 Through Traffic Minor Road 6 . 50 3 . 30 ' Left Turn Minor Road 7. 00 3 .40 i 1 . 1 1 _ t HCS: Unsignalized Intersections Release 2 . 1g 5AMBU.HCO Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1 : RT from Minor StreetNB---------_-SB ---------------------------- ------------- Conflicting Flows : (vph) 0 ' Potential Capacity: (pcph) 1385 Movement Capacity: (pcph) 1385 Prob. of Queue-Free State : 0 . 99 -------------------------------------------------------- Step 2 : LT from Major Street WB EB Conflicting Flows : (vph) 0 ' Potential Capacity: (pcph) 1714 Movement Capacity: (pcph) 1714 Prob. of Queue-Free State : 0 . 99 TH Saturation Flow Rate: (pcphpl) 0 RT Saturation Flow Rate: (pcphpl) 1700 Major LT Shared Lane Prob. of Queue-Free State: 0 . 99 -------------------------------------------------------- Step 3 : TH from Minor Street NB SB -------------------------------------------------------- ' Conflicting Flows : (vph) 30 38 Potential Capacity: (pcph) 1048 1036 Capacity Adjustment Factor due to Impeding. Movements 0 . 99 0 . 99 tMovement Capacity: (pcph) 1034 1022 Prob. of Queue-Free State : 0 . 99 0 . 99 -------------------------------------------------------- Step 4 : LT from Minor Street ---NB-----------SB -------------------------------------- Conflicting Flows : (vph) 36 ' Potential Capacity: (pcph) 1004 Major LT, Minor TH Impedance Factor: 0 . 98 Adjusted Impedance Factor- ' 0 . 98 ' Capacity Adjustment Factor due to Impeding Movements 0 . 98 Movement Capacityc . (pcph) 983 -------------------------------------------------------- 1 ' HCS : Unsi nalized Intersections Release 2 . 1 5AMBU.HCO g g Page 3 Intersection Performance Summary ' Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph) (sec/veh) (veh) (sec/veh) ------ ------ ------ ------ ------- ------- ----- --------- NB L 6 983 > 1018 3 . 6 0 . 0 A NB T 14 1034 > 3 . 6 SB T 7 1022 > 3 . 1 SB R 8 1385 > 1188 3 . 1 0 . 0 A ' EB L 23 1714 2 . 1 0 . 0 A 1 .2 Intersection Delay = 2 .2 sec/veh 1 ' HCS : Unsignalized Intersections Release 2 . 1g 1PMEX.HCO Page 1 -------------- Center For Microcomputers In Transportation ' University of Florida 512 Weil Hall Gainesville, FL 32611-2083 ' Ph: (904) 392-0378 Streets: (N-S) Castlewood Circle (E-W) Castlewood Circle ' Major Street Direction. . . . EW Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis . . . . . . . . . . 5/22/0 ' Other Information. . . . . . . . . Southern Intersection/Castlewood Circle 1PMEX Two-way Stop-controlled Intersection Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ---- ---- ---- --- --- ---- ---- ---- ---- ---- ---- ---- No. Lanes 0 > 0 < 0 0 0 0 0 > 1 0 0 1 < 0 Stop/Yield N N Volumes 2 2 2 14 17 4 t PHF . 95 . 95 . 95 . 95 : 95 . 95 Grade 0 0 0 MC' s (o) ' SU/RV' s (o) CV' s (%) PCE' s 1 . 10 1 . 10 1 . 10 1 . 10 1 . 10 ----------------------------------------------------------------------- ' Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) ------------------------------------------------------------------ Left Turn Major Road 5 . 50 2 . 10 Right Turn Minor Road 5 . 50 2 . 60 ' Through Traffic Minor Road 6 . 50 3 . 30 Left Turn Minor Road 7 . 00 3 .40 HCS: Unsignalized Intersections Release 2 . 1g 1PMEX.HCO Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1 : RT from Minor Street --------NB-----------SB --------------------------------- Conflicting Flows : (vph) 0 ' Potential Capacity: (pcph) 1385 Movement Capacity: (pcph) 1385 Prob. of Queue-Free State : 1. 00 Step 2 : LT from Major Street WB EB -------------------------------------------------------- Conflicting Flows : (vph) 0 ' Potential Capacity: (pcph) 1714 Move.ment . Capacity: (pcph) 1714 Prob. of Queue-Free State : 1 . 00 TH Saturation Flow Rate: (pcphpl) 0 RT Saturation Flow Rate: (pcphpl) 1700 Major LT Shared Lane Prob. of Queue-Free State : 1 . 00 -------------------------------=------------------------ Step 3 : TH from Minor Street NB SB - ------------------- ' Conflicting Flows : (vph) 3 4 Potential Capacity: (pcph) 1087 1.085 Capacity Adjustment Factor ' due to Impeding Movements 1 . 00 1 . 00 Movement Capacity: (pcph) 1086 1084 Prob. of Queue-Free State: 0 . 98 0. 98 -------------------------------------------------------- Step 4 : LT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows : (vph) 14 Potential Capacity: (pcph) 1037 Major LT, Minor TH Impedance Factor: 0 . 98 Adjusted Impedance Factor: 0 . 99 Capacity Adjustment Factor due to Impeding Movements 0 . 98 Movement Capacity: (pcph) 1019 -=---------------- -=------------------------ ------- 3 HCS: Unsignalized Intersections Release 2 . 1g 1PMEX.HC0 Page .3 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay ' Movement (pcph) (pcph) (pcph) (sec/veh) (veh) (sec/veh) -------- ------ ------ ------ ------- ------- ----- --------- NB L 2 . 1019 > 1079 3 .4 0 . 0 A ' NB T 17 1086 > 3 .4 SB T 20 1084 > 3 . 3 SB R 4 1385 > 1125 3 .3 0 . 0 A ' EB L 2 1714 2 . 1 0 . 0, A` 1 .1 ' Intersection Delay = 3 . 1 sec/veh i HCS: Unsignalized Intersections Release 2 . 1g 1PMBU.HCO Page 1 ---------------- -------------------------------------------------------______________ Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 Streets : (N-S) Castlewood Circle (E-W) Castlewood Circle Major Street Direction. . . . EW Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis. . . . . . . . . . 5/22/0 Other Information. . . . . . . . . Southern Intersection/Castlewood Circle 1PMBU ' Two-way-Stop-controlled Intersection ---- ------ Eastbound Westbound Northbound Southbound L T R L. T R L T R L T R --- ---= ---- ---- ---- --- ---- ---- ---- ---- - - ---- No. Lanes 0 > 0 < 0 0 0 0 0 > 1 0 0 1 < 0 Stop/Yield N N 1 Volumes 2 14 14 17 4 PHF . 95 95 . 95 . 95 . 95 . 95 Grade 0 0 0 MC' s (%) ' SU/RV' s (%) Cv' s (o) PCE' s 1. 10 1 . 10 1 . 10 1 . 10 1, 10 ------------------------------------------ tAdjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) -------------------------- = ------ Left Turn Major Road 5 . 50 2 . 10 Right Turn Minor Road 5 .50 2 . 60 W Through Traffic Minor Road 6 . 50 -3 .30 Left Turn Minor Road 7 . 00 3 .40 + 3 ' Fes. • • - , r - , ' a � ' HCS : Unsignalized Intersections Release 2 . 1g 1PMBU.HCO Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1 : RT from Minor Street NB-----------SB -------------------------------- --------- Conflicting Flows : (vph) 0 Potential Capacity: (pcph) 1385 Movement Capacity: (pcph) 1385 Prob. of Queue-Free State: 1 . 00 -------------------------------------------------------- ' Step 2 : LT from Major Street WB EB -------------------------------------------------------- Conflicting Flows: (vph) 0 Potential Capacity: . (pcph) 1714 Movement Capacity: (pcph) 1714 Prob. of Queue-Free State: 1. 00 ' TH Saturation Flow Rate: (pcphpl) 0 RT Saturation Flow Rate: (pcphpl) 1700 Major LT Shared Lane Prob. of Queue-Free State: 1. 00 ------------------------------------------------------- Step 3 : TH f rom. Minor Street NB SB -------------------------------------------------------- ' Conflicting Flows : (vph) 6 11 Potential Capacity: (pcph) 1082 1075 Capacity Adjustment Factor ' due to Impeding Movements : 1 . 00 1 . 00 Movement Capacity: (pcph)- 1081 1074 Prob. of Queue-Free State : 0 . 98 0 . 98 -------------------------------------------------------- Step 4 : LT from Minor Street NB SB Conflicting Flows : (vph) 18 ' Potential Capacity: (pcph) 1031 Major LT, Minor TH Impedance Factor: 0 . 98 Adjusted Impedance Factor: 0 . 98 ' Capacity Adjustment Factor due to Impeding Movements 0 . 98 Movement Capacity: (pcph) 1013 --------------------- ------ -------------------------- 9 i 1 - t HCS : Unsignalized Intersections Release 2 . 1g 1PMBU.HC0 Page 3 Intersection Performance Summary ' Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay ' Movement (pcph) (pcph) (pcph) (sec/veh) (veh) (sec/veh) -------- ------ - ---- ------ ------- ------- ----- --------- NB L 17 1013 > 1046 3 . 6 0 . 0 A NB T 17 1081 > 3 . 6 ' SB T 20 1074 > 3 .3 SB R 4 1385 > 1116 3 .3 0 . 0 A EB L 2 1714 2 . 1 0 . 0 A 0 .4 Intersection Delay = 2 . 9 sec/veh _. II ' HCS: Unsignalized Intersections Release 2 . 1g 2PMEX.HCO Page 1 --------------------------- Center For Microcomputers In Transportation ' University of Florida 512 Weil Hall Gainesville, FL 32611-2083 ' Ph: (904) 392-0378 --------- -------------------- Streets : (N-S) Castlewood Circle (E-W) Castlewood Circle ' Major Street Direction. . . . EW Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo ' Date of Analysis . . . . . . . . . . 5/22/0 Other Information. . . . . . . . . Northern Intersection/Castlewood Circle 2PMEX Two-way Stop-controlled Intersection ----------------------------- Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ---- ---- --- ---- ---- ---- ---- ---- ---- ---- ---- ---- No. Lanes 0 > 0 <' 0 0 0 0 0 > 1 0 0 1 < 0 Stop/Yield N N Volumes 6 0 0 26 25 21 ' PHF . 95 . 95 . 95 . 95 . 95 . 95 Grade 0 0 0 MC' s (%) SU/RV' s (%) CV' s (o) PCE' s 1. 10 1. 10 1 . 10 1 . 10 1 . 10 ----------------------------------------------------------------------- ' Adjustment Factors Vehicle Critical Follow-up ' Maneuver Gap (tg) Time (tf) ------------------------------------------------------------------ Left Turn Major Road 5 . 50 2 . 10 Right Turn Minor Road 5 . 50 2 . 60 ' Through Traffic Minor Road 6 . 50 3 .30 Left Turn Minor Road 7 . 00 3 .40 r HCS: Unsignalized Intersections -Release 2 . 1g 2PMEX.HCO Page 2 Worksheet for TWSC Intersection Step-1_-RT-from-Minor-Street__ ------ NB SB --__---- Conflicting Flows : (vph) _ p ' Potential Capacity: (pcph) 1385 Movement Capacity: (pcph) 1385 Prob. of Queue-Free State: 0 . 98 ------------------------------=------------------------- Step 2 : LT from Major Street WB EB --------------------------------------------------------- Conflicting Flows : (vph) 0 ' Potential Capacity: - (pcph) 1714 Movement Capacity-: (pcph) 1714 Prob. of Queue-Free State : 1 . 00 TH Saturation Flow Rate : (pcphpl) 0 RT Saturation Flow Rate: (pcphpl) 1700 Major LT Shared Lane Prob. of Queue-Free State : 1 . 00 -------------------------------------------------------- Step 3 : TH from Minor Street , NB SB ------------------------------------ Conflicting Flows : (vph), 6 6 Potential Capacity: (pcph) 1082 1082 Capacity Adjustment Factor due to Impeding Movements . 1 . 00 1. 00 Movement Capacity: (pcph) 1078 1078 Prob. of Queue-Free State : 0 . 97 0 . 97 -------------------------------------------------------- Step 4 : LT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows: (vph) 30 Potential Capacity: (pcph) • 1013 Major LT, Minor TH Impedance Factor: 0 .97 Adjusted Impedance Factor: 0 . 98 ' Capacity Adjustment Factor due to Impeding Movements 0 . 96 Movement Capacity: (pcph) 972 --------------- -- --- ---- -------- - ---------------- -- HCS: Unsignalized Intersections Release 2 . 1g 2PMEX.HCO Page 3 Intersection Performance Summary. ' Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay ' Movement (pcph) (pcph) (pcph) (sec/veh) (veh) ----_ (sec/veh) -------- ------ ------ ------ ------- ------- ----- NB L 0 972 > 1078 3 .4 0 . 0 A NB T 30 1078 > 3 .4 ' SB T 29 1078 > 3 . 1 SB R 24 1385 > 1198 3. 1 0 . 0 A EB L 7 1714 2 . 1 0 . 0 A 2 . 1 Intersection Delay = 3 .2 sec/veh HCS: Unsignalized Intersections Release 2 . 1g 2PMBU.HCO Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil -Hall Gainesville, FL 32611-2083 ' Ph: (904) 392-0378 Streets: (N-S) Castlewood Circle (E-W) Castlewood Circle ' Major Street Direction. . . . EW Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis . . . . . . . . . . 5/22/0 Other Information. . . . . . . . . Northern Intersection/Castlewood Circle 2PMBU Two-way Stop-controlled Intersection Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- No. Lanes 0 > 0 < 0 0 0 0 0 > 1 0 0 1 < 0 Stop/Yield N N ' Volumes 22 0 0 26 25 49 PHF . 95 . 95 . 95 . 95 . 95 . 95 Grade 0 0 0 MC's (o) SU/RV' s (o) CV' s (o) PCE' s 1 . 10 1 . 10 1 . 10 1 . 10 1 . 10 ----------------------------------------- ----------------------- ---- ' Adjustment Factors Vehicle Critical Follow-up ' Maneuver Gap (tg) Time (tf) ------------------------------------------------------------------- Left Turn Major Road 5 . 50 2 . 10 Right Turn Minor Road 5 . 50 2 . 60 Through Traffic Minor Road 6 . 50 3 . 30. Left Turn Minor Road 7 . 00 3 .40 HCS: Unsignalized Intersections Release 2 . 1.g 2PMBU.HCO Page 2 Worksheet for TWSC Intersection' -------------------------- ------------------------------- ' Step 1 : RT from Minor Street NB SB ---------------------------------- - --------- - ------------ Conflicting Flows : (vph) 0 ' Potential Capacity: (pcph) 1385 Movement Capacity: (pcph) '1385 Prob. of Queue-Free State : 0 . 96 ---------- -------------------------------------------- Step 2 : LT from Major Street WB EB Conflicting Flows : (vph) 0 ' Potential Capacity (pcph) 1714 Movement Capacity: (pcph) 1714 Prob. of Queue-Free State: 0 . 99 TH Saturation Flow Rate: (pcphpl) 0 RT Saturation F1ow .Rate: (pcphpl) 1700 Major LT Shared Lane Prob. of Queue-Free State : - . ' 0 . 99 ------------------------- ------------------------------- Step 3 : TH from Minor Street NB SB ---- p---------------------------------- ' Conflicting Flows : (v h) 23 23 Potential Capacity: (pcph) 1058 1058 Capacity Adjustment Factor due to Impeding. Movements 0 . 99 0 . 99 Movement Capacity: (pcph) 1043 1043 Prob. of Queue-Free State: 0 . 97 0 . 97 ------------------ --- -------------------------------- Step 4 : LT from Minor Street NB SB Conflicting Flows (vph)- 62 ' Potential Capacity: (pcph) 966 Major LT, Minor TH. Impedance Factor: � ., 0 . 96 ' Adjusted Impedance Factor: 0 .97 Capacity Adjustment Factor = due to Impeding Movements 0 . 93 Movement Capacity: (pcph),,, 897 ----------------------' ----------- ----------- k v. HCS : Unsignalized Intersections Release 2 . 1g 2PMBU.HCO Page 3 ----------------------------------------------------------------------- Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay ' Movement (pcph) (pcph) (pcph) (sec/veh) (veh) ----- (sec/veh) -------- ------ ------ ------ ------- ------- =-------- NB L 0 897 > 1043 3 . 6 0 . 0 A ' NB T 30 1043 > 3 . 6 SB T 29 1043 > 3 . 1 SB R 57 1385 > 1247 3 . 1 0 . 1 A ' EB L 25 1714 2 . 1 0 . 0 A 2 . 1 ' Intersection Delay = 3 . 0 sec/veh I HCS : Unsignalized Intersections Release 2 . 1g 3PMEX.HCO Page 1 ------------------------------------- Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 Streets : (N-S) Castlewood Circle (E-W) Pitchers Way Major Street Direction. . . . EW Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo ' Date of Analysis . . . . . . . . . . 5/22/0 Other Information. .3 PM Existing Two-way Stop-controlled Intersection Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- No. Lanes 0 1 < 0 0 > 1 0 0 > 0 < 0 0 0 0 Stop/Yield N N Volumes 214 42 4 163 28 4 PHF . 95 . . 95 . 95 .95 . 95 . 95 Grade 0 0 0 MC' s (%) SU/RV' s (%) CV' s M) PCE' s 1 . 10 1. 10 1 . 10 ----------------------------------------------------------------------- Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) ------------------------------------------------------------------ Left Turn Major Road 5 . 00 2 . 10 Right Turn Minor Road 5 . 50 2 .60 Through Traffic Minor Road 6 . 00 3 . 30 ' Left Turn Minor Road 6 . 50 3 .40 HCS: Unsignalized Intersections Release 2 . 1g 3PMEX.HCO Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1 : RT from Minor Street ---------- -----------NBSB ------------------------------- Conflicting Flows : (vph) 247 ' Potential Capacity: (pcph) 1038 Movement Capacity: (pcph) 1038 Prob. of Queue-Free State : 1 . 00 -------------------------------------------------------- Step 2 : LT from Major Street -------------WB-----------EB ---------------------- Conflicting Flows : (vph) 269 Potential Capacity: (pcph) 1276 Movement Capacity: (pcph) 1276 Prob. of Queue-Free State: 1 . 00 TH Saturation Flow Rate : (pcphpl) 1700 RT Saturation Flow Rate : (pcphpl) Major LT Shared Lane Prob. of Queue-Free State : 1 . 00 - ------------------------------------------------------- Step 4 : LT from Minor Street NB SB -------------------------------------------------------- ' Conflicting Flows: (vph) 423 Potential Capacity: (pcph) 602 Major LT, Minor TH ' Impedance Factor: 1 . 00 Adjusted Impedance Factor: 1 . 00 Capacity Adjustment Factor due to Impeding Movements 1 . 00 Movement Capacity: (pcph) 600 --------,------- ------ Intersection Performance Summary Avg. 950 Flow Move Shared Total Queue Approach ' Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph) (sec/veh) (veh) (sec/veh) -------- ------ ------ ------ ------- ------- ----- --------- NB L 32 600 > 630 6 . 1 0 . 0 B 6 . 1 NB R 4 1038 > ' WB L 4 1276 2 . 8 0 . 0 A 0 . 1 Intersection Delay = 0 . 5 sec/veh z HCS : Unsi nalized Intersections Release 2 . 1 3PMB g g U.HCO Page 1 ------------------ ' Center For Microcomputers In Transportation University of Florida 512 Weil Hall ' Gainesville, -FL- 32611-2083 Ph: (904) 392-0378 Streets : (N-S) Castlewood Circle (E-W) Pitchers Way ' Major Street Direction. . . . EW Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo ' Date of Analysis . . . . . . . . . . 5/22/0 Other Information. .3 PM Build Two-way Stop-controlled Intersection ' Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ---- ---- --- ---- ---- ---- ---- ---- ---- ---- ---- ---- No. Lanes 0 1 < 0 0 > 1 0 0 > 0 < 0 0 0 0 Stop/Yield N N Volumes 214 68 4 163 42 6 PHF . 95 95 . 95 . 95 . 95 . 95 Grade 0 0 0 MC' s (%) SU/RV' s M CV' s (6)PCE' s 1 . 10 1 . 10 1 . 10 ----------------------------------------------------------------------- Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) ----------------------=------------------------------------------- Left Turn Major Road ' 5 . 00 2 . 10 Right Turn Minor Road 5 .50 2 . 60 Through Traffic Minor Road 6 . 00 . 3 . 30 _ Left Turn Minor Road 6 . 50 3 .40 I r r HCS : Unsignalized Intersections . Release . 2 . 1g 3PMBU.HCO Page 2 ---------- ------------------------------------------------ Worksheet for TWSC Intersection -------------------------------------------------------- Step 1 : RT from Minor Street -----NB-----------SB ------------------------------------ Conflicting Flows : (vph) 261 ' Potential Capacity: (pcph) 1021 Movement Capacity: (pcph) 1021 Prob. of Queue-Free State : 0 . 99 Step 2 : LT from Major Street WB EB -------------------------------------------------------- ' Conflicting Flows: (vph) 297 Potential Capacity: (pcph) 1238 Movement Capacity. (pcph). 1238 Prob. of Queue-Free State : 1 . 00 TH Saturation Flow Rate : (pcphpl) 1700 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. ' -of-Queue_ -Free State- 100 ------------------ _ ----- Step 4 : LT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows : (vph) 437 Potential Capacity: (pcph) 591 Major LT, Minor TH ' Impedance Factor: 1 . 00 Adjusted Impedance Factor: 1 . 00 Capacity Adjustment Factor due to Impeding .Movements 1 . 00 ' Movement Capacity: (pcph) 589 -------------------------------------------------------- ' Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph) (sec/veh) (veh) (sec/veh) -------- ----- ----- --°---=-- ' NB L 48 589- > 623 6 .3 0 . 2 B 6 . 3 NB R 7 1021 > ' WB L 4 .123$ 2 . 9 0 . 0 A 0 . 1 Intersection Delay = 0 . 6 sec/veh 1 1 r HCS: Unsignalized Intersections Release 2 . 1g 4PMEX.HCO Page 1 ---------------------------------- Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 ----------- Streets : (N-S) Pitchers Way (E-W) Bearses Way ' Major Street Direction. . . . EW Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis. . . . . . . . . . 5/22/0 Other Information. . . . . . . . .4 PM Existing Two-way Stop-controlled Intersection Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- No. Lanes 0 1 < 0 0 > 1 . 0 0 > 0 < 0 0 0 0 Stop/Yield N N Volumes .411 187 69 389 124 67 PHF . 95 . 95 . 95 . 95 . 95 . 95 Grade 0 ' 0 0 MC' s (o) SU/RV' s (%) CV' s (01) PCE' s 1 . 10 1 . 10 1 . 10 ----------------------------------------------------------------------- Adjustment Factors Vehicle . Critical Follow-up Maneuver Gap (tg) Time (tf) Left-Turn-Major-Road 5 . 00 2 . 107 Right Turn Minor Road 5 . 50 2 . 60 Through Traffic Minor Road 6 . 00 3 . 30 ' Left Turn Minor Road 6 . 50 3 .40 HCS: Unsignalized Intersections Release 2 . 1g 4PMEX.HCO Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1 : RT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows : (vph) 532 Potential Capacity: (pcph) 744 Movement Capacity: (pcph) 744 Prob. of Queue-Free State : 0 . 90 -------------------------------------------------------- Step 2 : LT from Major Street WB EB -------------------------------------------------------- Conflicting Flows : (vph) 630 Potential Capacity: (pcph) 859 Movement Capacity: (pcph) 859 Prob. of Queue-Free State: 0 . 91 ' TH Saturation Flow Rate : (pcphpl) 1700 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. -of-Queue_ -FreeState- 088 ------------------ _ Step 4 : LT from Minor Street NB SB ---------------------.----------------------------------- Conflicting Flows : (vph) 1014 Potential Capacity: (pcph) 274 Major LT, Minor TH ' Impedance Factor: 0 . 88 Adjusted Impedance Factor: 0 .88 Capacity Adjustment Factor due to Impeding Movements 0 . 88 Movement Capacity: (pcph) 240 -------------------------------------------------------- Intersection Performance Summary Avg. 95% ' Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph) (sec/veh) (veh) (sec/veh) ------- ------ -- --- ------ ------- ------- ----- --------- NE. L 144 240 > 315 34 . 7 4 . 6 E 34 . 7 NB R 78 744 > WB L 80 859 4 . 6 0 . 2 A 0 . 7 Intersection Delay 5 . 6 sec/veh HCS : Unsignalized Intersections Release 2 . 1g 4PMBU.HCO Page 1 ------------------ ' Center For Microcomputers In Transportation University of Florida 512 Weil Hall ' Gainesville, -FL 32611-2083 Ph: (904) 392-0378 ---------------------- Streets : (N-S) Castlewood Circle (E-W) Site Drive ' Major Street Direction. . . . EW Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis . . . . . . . . . . 5/22/0 Other Information. . .4 PM Build Two-way Stop-controlled Intersection ' Eastbound Westbound Northbound Southbound L T R L T R L T R No.. Lanes 0 1 < 0 0 > 1 0 0 > 0 < 0 0 0 0 Stop/Yield N N Volumes 411 211 71 389 134 71 ' PHF . 95 . 95 . 95 .95 . 95 . 95 Grade 0 0 0 MC' s (o) SU/RV' s O CV' s (o) PCE' s 1. 10 1 . 10 1 . 10 ----------------------------------------------------------------------- Adjustment Factors ' Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) --------- ----------------------------------------------- ------ Left Turn Major Road 5 . 00 2 .10 Right Turn Minor Road 5 . 50 2 . 60 Through Traffic Minor Road 6 . 00 3 . 30 ' Left Turn Minor Road 6 . 50 3 .40 HCS: Unsignalized Intersections Release 2 . 1g 4PMBU.HCO Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1 : RT from Minor- ------------- StreetNB---------_-SB -------------------- Conflicting Flows : (vph) 544 ' Potential Capacity: (pcph) 734 Movement Capacity: (pcph) 734 Prob. of, Queue-Free State : 0 . 89 -------------------------------------------------------- Step 2 : LT from Major Street WB EB -------------------------------------------------------- Conflicting Flows : (vph) 6.55 ' Potential Capacity: (pcph) 836 Movement Capacity: (pcph) 836 Prob. of "Queue-Free State : 0 . 90 ' TH Saturation Flow Rate: (pcphpl) 1700 RT Saturation Flow Rate : (pcphpl) Major LT Shared Lane Prob. of Queue-Free State: 0 .87 - ------------------------------------------------------- Step 4 : LT from Minor Street NB SB ----------------=--------------------------------------- ' Conflicting Flows : (vph) 1028 Potential Capacity: (pcph) 269 Major LT, Minor TH Impedance Factor: 0 . 87 ' Adjusted Impedance Factor: 0 . 87 Capacity Adjustment Factor due to Impeding Movements 0 . 87 Movement Capacity: (pcph) 234 =------------------------------------------------------- ' Intersection Performance Summary Avg. 950 Flow Move Shared Total Queue Approach ' Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph) (sec/veh) (veh) (sec/veh) - ------- ------- ----- --------- NB L 155 : 234 > 307 42 . 7 5 . 5 E 42 . 7 NB R 83 734 > ' WB L 83 836 4 . 8 0 .3 A 0 . 7 Intersection Delay = 7 . 1 sec/veh HCS : Unsignalized Intersections Release 2 . 1g 5PMBU.HCO Page 1 ----------------------------------- ' Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 ' Ph: (904) 392-0378 ------------------------------------- Streets : (N-S) Castlewood Circle (E-W) Site Drive ' Major Street Direction. . . . EW Length of Time Analyzed. . . 15 (min) Analyst . . . . . . . . . . . . . . . . . . . Rizzo Date of Analysis. . : : : : : : . . 5/22/0 Other Information. . 5 PM Build Two-way Stop-controlled Intersection ' Eastbound . Westbound Northbound Southbound L T R L T R L T R L T R ' ---- No. Lanes 0 > 0 < 0 0 0 0 0 > 1 0 0 1 < 0 Stop/Yield N N Volumes 16 7 12 4 9 28 PHF . 95 . 95 . 95 . 95 . 95 . 95 t Grade 0 0 0 MC' s (o) SU/RV' s (o) CV' s (%) PCE' s 1 . 10 1 . 10 1 . 10 1 . 10 1 . 10 ----------------------------------------------------------------------- Adjustment Factors ' Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left-Turn-Major-Road 5 . 50 2 . 10 Right Turn Minor Road 5 . 50 2 . 60 ' Through Traffic Minor Road 6 . 50 3 . 30 Left Turn Minor Road 7 . 00 3 .40 HCS : Unsignalized Intersections Release 2 . 1g 5PMBU..HCO Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step l : RT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows : (vph) 0 ' Potential Capacity: (pcph) 1385 Movement Capacity: (pcph) 1385 Prob. of Queue-Free State: 0 . 98 -------------------------------------------------------- Step 2 : LT from Major Street WB EB -------------------------------------------------------- Conflicting Flows : (vph) 0 ' Potential Capacity: (pcph) 1714 Movement Capacity: (pcph) 1714 Prob. of Queue-Free State : 0 . 99 TH Saturation Flow Rate : (pcphpl) 0 RT Saturation Flow Rate: (pcphpl) 1700 Major LT Shared Lane Prob. of Queue-Free State: 0 . 99 -------------------------------------------------------- Step 3 : TH from Minor Street NB SB -------------------------------------------------------- Conflicting Flows : (vph) 20 24 Potential Capacity: (pcph) 1062 1056 Capacity Adjustment Factor ' due to Impeding Movement's 0 . 9.9 0 . 99 Movement Capacity: (pcph) 1050 1044 Prob. of Queue-Free State : 1 . 00 0 . 99 -------------------------------------------------------- Step 4 : LT from Minor Street -------------NB-----------SB ---------------------------- Conflicting Flows: (vph) 40 ' Potential Capacity: (pcph) 998 Major LT, Minor TH Impedance Factor: 0 . 98 Adjusted Impedance Factor: 0 . 98 ' Capacity Adjustment Factor due to Impeding Movements 0 . 96 Movement Capacity: (pcph) 960 ------------------------------------------------------- t HCS: Unsignalized Intersections Release 2 . 1g 5PMBU.HCO Page 3 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay ' Movement (pcph) (pcph) (pcph) (sec/veh) (veh) (sec/veh) NB L 14 960 > 979 3 . 7 0 . 0 A ' NB T 4 1050 > 3 . 7 SB T 10 1044 > 2 . 9 SB R 32 1385 > 1285 2 . 9 0 .0 A EB L 19 1714 2 . 1 0 . 0 A 1 . 5 Intersection Delay = 2 . 6 sec/veh i 1 ' t 05/09/2000 12:56 5086511229 TDC PAGE 02 TDC23 A t3RMr Nalk*oak.W►0/7e0 Talayt��:(SOl1 861./610 TRANSPORTATION Far: �6cs A51-t¢2A OOA oORPOWM Pagan tam es :01070E File Name N/S:Pitchen Way Site Code :000000M U/w:Falmouth Road (Route 28) 1,aA Stan Date :05/04/2000 ry,Stage:Bamsrable,MA �' 1 C3ient-.Rizzo Associates/J.Kemp Page No : OMLW PtinlarL Goa-Tnrdr � Way F Rod(Ilouta 4ldl Pitehtaa From Wwt From IN DIM From Ead Frvn �u lot. td 07 00 8 7 4 R 1 111 3 1 1 1 2 13 07:15 AM 11 3 5 4 122 9 17 17 13 a 142 10 375 07:30 AM 18 9 10 2 103 5 16 20 12 17 18b 17 415 07 45 AM 14 14 12 2 98 7 25 1A 4 9 240 15 456 cool 49 — 33 31 9 44A 24 e3 a0 1 81 1 Grand Tcial 49 33 31 9 4" 24 70 63 40 34 591 e1 l 1549 Apprch% 43.4 29.2 27,4 1: 93.1 5.0 40_5 30,4 23,1 3 44.0 1.8 Total!b 32 2.1 2.01 3.9 0.6 28 I 2. Way Pilotran 1 almath (Rota From tad �RF"WFran NoAh Firm taut from W.B1pRTUrr Rt�R TtW l altRight Th. l.alt R�tri Thru l rrt TdRVI Thru Tabl hbar m fl0 to -AS 101 ' lntsrsectlon 07:00 AM Votus 49 33 31 113 8 444 24 471 70 83 40 173 34 091 , 61 770 ISO Perorttt 43.4 29.2 27.4 1.9 93.1 5,0 40.5 38.4 23.1 4.3 87.9 7.8 07A5 74 14 12 40 2 94 7 107 25 16 4 45 9 240 15 294 4so ' volume 0.840 Peak Fodor 07:45 AM High k t. 07:45 AM 07:15 AM 07:30 AM volume 14 14 12 40 4 132 9 145 1a 20 12 48 9 240 1S 284 Peak Factor 0.706 0,822 0.001 0.744 05/09/2000 12:56 5086511229 TDC 23 walnut shad i. h `.` �} �j�1 fn� Neddc.NIA 01700 1 I ti Ay o J 2 0 H {: 'ADC T : Sin 85,-,610 1I� TRANSP014TATION Fdaptrorw�$pe 8S1.1229 U CWA CO� Pager: (800�8964783 � Site e k/S:Buckwood Drive/Arrowhead Drive a am _ 00000[1b0___ Code /W;Falmouth Road (Route 28) Start Date :05/04/2000 ity,Stag:Bamstable,MA Page No : 1 eat:Rizzo Associates/J.Kemp cam T oed(Roux gal alnravh o,d From FBI Flom Eo1Af+ From Waet �I Fran Nor,h Lill R n+n+ 8 4 7 0 0 . 198 489 . 04. 0 PM 1 1 2 04,15 PM S 1 1 4 194 8 s - 0 2 � 1 - 3 3420 04:30 PM 1 O 0 0 206 6 2 0 2 1A8 0 418 04:45 PM 2 2 4 �_ 0 1 05 Tatol 13 3 3 7 838 19 2 3 0 0 158 1 390 QS:00 PM 4 0 0 3 _ 212 . 9 3 0 0 3 197 4 477 ' 05:15 PM 3 0 4 4 249 3 8 2 05:30 PM 8 0 2 e 220 10 a 0 0 2 179 4 435. 41 07 05:45 PM 3 1 is 5 195 5 12 1 0 2 41 5 '�3 Total 16 1 2 1 7 29 3 0 7 7 14 45_ Grand Tvbl 29 4 15 25 1715 63 48 5 3 12 1510 21 34W Approh% 60.4 8.3 31.53 /.4 95.1 3.5 eS.7 6.9 5A 0.8 97.9 1.4 0.4 0.7 49.7 1.81 1.4 0.1 0.1I 0.3 43.8 0,8 Tdal9i 0.8 0.1 I I 28) 4c +ood MuM Rat 20) rtm Faknaih ((Rafe a From Nonh Fran Fat From South Flom Wad Burt TOm MgM 11xu LN1 T I Rlghr Thru Lrall RbAt TFuu LeB Tandl Rbld 111ru t>II Y dI Ird,TOW ' Paek From WOO PM to :45 PM-Peak,Of Interseolbn 05:00 PM Volume 16 1 12 29 t8 877 27 922 29 3 0 32 7 741 14 762 17a5 Percent 552 3A 41 A 2:0- 95.1 2.9 90.6 9.4 0.0 0.0 97.2 1.8 05:15 3 0 4, 7 4 249 3 256 8 2 0 10, 3 197 4 204 477 ' Volume Peak Fedor. 0.915 Nigh lot. 05:45 PM.- 05.15 PM 05:45 PM 05:45 PM Volume 3 1 e 10 4, 249 3 258 12 1 0 13 2 207 5 214 Peek Fedor 0.725 ' 0.000 0.615 0.890 f 05/09/2000 12:56 5086511229 TDC PAGE 03 23 W�IrwA 9owi Nr1hi1,NIA 01� Tamp on::1096 66i.1610 TRAN$PORTATION F4w w-legs MApMw' File Name :01070D N/S:Bearm Way Site Code :00000000 Plitrhen Way Start Dane :05/04/2000 ry,State:Bamslable,MA page No : 1 t:Rizzo Associates/J.Kemp Gram Prred CW6-T 6rraro qr Frvn 8ou�b1 Lot Lot I ht Frain Fran MOM PM 43 104 0 t2l 04AS PM 55 97 0 0 fit 11 C to 04:30 PM 34 1OS 0 0 94 6 0 21 V7 318 Oa:45 PM 4a 102 0 0 10f3 j3.} 0 r 13/ 1138 as 411 -Oi 0 05 00 PEA 0 St3 G � 13 10 0 3d 205 84 ' 05:15 PM a7 75 0 0 as 6 13 O 20 273 05W, PM 49 so 0 0 76 11 14 0 36 268 05:46 PM 52 58 0 0 61 �1 /7 O 131 225 Tote 4 295 331 1 Grand Tomt 396 706 0 0 72O 108 97 0 231 2M Ap�rch% 36.8 64.2 0.0 0.0 e72 12.e 24.3 0.0 102 I Tolel96 17.5 31.3 0,0 0.0 31.9 4.7I 4.3 0.0 10,2 'r Vft tram From Nmth Fran WAh o0d leh .Tdrl r m- . b :46 1 or/ ' Inasrse�lfan 04:00 PM Vwume 180 all 0 591 0 ' 389 d5 454 43. 0 100 1a3 1188 teemwe 30.5 80.5 0.0 0,0 85.7 14,3 30.1 0.0 do's 04:45 Volume ae 102 0 150 0 11M 15 123 14 0 31 4S DIU 319 ' Pw*Facsor fth Int. 04:15 PM " 04:45 PM 04AS PM Volume 55 97 0 152 0 108 15 123 14 0 31 4S Pod FaMN 0.972 0.923 0.794 f 05/09/2000 12:56 5086511229 TDC PAGE 05 TDCQ3 rN■In�l Srn>� - in j� M■bdc,1AA 01781 TRAN&� ..Tel■phQM:low 50p)951-IS10 ' FaY: (o Q1)e9sd183 26 �°T-�--°��O�"0N �°°" File Name :01070B N/S:Pitchers Way Site Code :00000000 LCastlewood Circle Start Date :05/04/2000 y.State:Barnstable,MA Page No :1 Client.Rizzo Associates/JXMp a prwfAb, TRANS Ciro qy '*NOY Fran Wrl Fmm Nonh ��'F'a ToW _ 3 0 4 1 0 PM 7 49 O 0 3 0 0 0 6 04:16 PM 16 52 0 0 20 O 0 7 8e ' 35 1 0 7 109 04:30 PM a 5µ6 0 p 38 389 04:95 PM 7 0 122 2 4 0 4 Total 38 201 0 0 0 5 118 05:00 PM 10 57 0 0 46 0 1 102 05:15 PM 8 . 54 0 0 30 1 0 s 108 05:30 PM 10 48 0 0 41 2 2 0 IV 05:45 PM 13 7 0 0 0 4 �I 4 14 0 1 3 Grand Total 78 415 O 0 285 6 8 O 52 5" 97.9 2.1Apprch% 15.8 64.2 0.0 O 0 33.8 0.7' 10 9 0 0 3.3 0.0862 ' Toml% 92 49.2 0.01 pdd on ■rpii w■Y Fran+Welt From NeAl1 From South d.l Thru L■N T Ive od 'EZFrom M!o : PM- d 1 lrlterweCwn 05:00 PM Volume 42 214 0 256 0 1e3 a 187 4 0 28 32 455 Percent 16,4 83,6 -0.0 0.0 97.6 2,4 12.5 0,0 87.5 05:45 Volume 13 57 0 70 0 46 2 48 2 0 , 7 9 127 Peak Faatot 0.89B High Int. 05:45 PM 05:45 PM 05:15 PM Volume 13 57 OL 70 0 4a 2 48 1 . 0 8 91 0.889 Peak Factor .0.914 0.870 i 05/09/2000 12:56 5086511229 TDC PAGE 04 TDC2s w.l�e+t sv�.t No",MA 017e0 T•hp�aew; 609))e5t•761G TFIANe RTATI4N Fss; 509)85t-1Y29 ONTO GtDAPOR4110N Pape; epo'eoso7e3 File Name :01070C N-/S:Bmmes Way Site Code 00000000 Pitchers Way Start Dace :05/04/2000 ry,State:Bam®table,MA Page No :1 ent:Rizzo Associates/J.Kemp P .d C"-Tnwim a far From 8o�Ah FromYVe� �Fmmodh �0 .00 mA 37 0 2 147 AM 13 82 0 0 3 S p 34 182 07:15 AM 24 77 0 0 39 7 0 42204 07:30 AM 29 75 0 0 10 8 0 30 256 07:45 AM 22 131 0 0 0 1 3 8 Toms es 345 01 0 17e 23 45 282 08:00 AM 23 136 0 0 73 0 15 0 35 289 ' 08:1 S AM 24 138 0 73 4 5 0 247 08:30 AM 14 111 0 0 73 3 8 227 . 08:45 AM 19 96 1 g 0 149 1 MAI so 479 0 0 2 98 ' Grand Toms 168 824 01 0 4e4 38 0 2a2 1632 Approh% 15.9 83.1 0.0 0,0 92.4 7.6 IS'S 0 0 e�S.4 Total9t e.2 45.0 0.0 I 0,0 25.3 2.1I `SO Wily •y � .•wray From North From Ba1Rh From Wea �Iw r TCI�I R M Thru LeR TaNI R Lef T led. m6 SA1t � Pack hbur eprn Q7 OD to Oe:16 eolc 1 1 Intetserion 07:45 AM 164 1072 Volume 83 514 0 597 0 269 22 291 .0 0 1.0 Pereerd 13.9 86.1 0.0 0.0 92.4 7.8 19.0 O.O 81.0 Oe:15 Volume 24 136 0 190 0 73 a 79 15 O 3S 90 289 0.927 1 Peak Faclar High Int. 08:15 AM' 08:15 AM- 06:00 AM Volume 24 136 0 160 0 73 6 79 7 0 45 0.8S2 Peak Fedor 0.933 OW { J !° RIZZO ASSOCIATES, INC. ._ JOB ENGINEERS AND ENVIRONMENTALG SCIENTISTS SHEET NO. OF AN EMPLOYEE-OWNED COMPANY ' 266 Summer Street,Boston,MA 02210-1112 CALCULATED BY DATE Tel:(617)357-0720 Fax:(617)357�-07212 CHECKED By DATE N5,j c.kc__ki, j \`'t G—� t )MOO.; SCALE . ...... ..... . ..... 00 ... Z 2, j a is L_ oz _ �� ys Z- _ � � , • � as C� � YS I / B Q r i 1 . 1 _ E 1 a 1 d, a MAY-11-00 THU 10 :31 ABBELLIRE INC 5088339095 P. 01 71 i 111 . � 3� � - ► 34 fit js t 6 C P4� s�s )6b 7- 7- 16 2. 1 0 _ 1/ /hlG`'9')LJ �`f ti.L ate b �3 ih tZ o 3 ' D Il z qko 70 1 3- --� Zq I 3 oi ( o I ' RIZZO ASSOCIATES, INC. JOB ENGINEERS AND ENVIRONMENTAL SCIENTISTS SHEET NO. OF AN EMPLOYEE-OWNED COMPANY ' 266 Summer Street,Boston,MA 02210.1112 CALCULATED BY DATE Tel:(617)357.0720 Fax:(617)357-0722 CHECKED BY DATE j (.�—s�41�......;( tJ I^J.:l�.. 'x��-c:S.�:Y•�._ SCALE �<s4 I<,.�� Q' ,�.Z �, S•� •►�� . (� [3 �.. N s3 ; 7, s �3. R. 5. i's.? E . k),g_ S". s ........... . .. Do !S At 3 . . ci)......... Ste, Ft(1 3� 3y l5 . ............. CA f .......... .......... ►+ + II +. . . io Kit t� - Zi T+ 1tA _ . � .. rISTS h1p , in. N � l 1 r.c o . .... i .. / `N-Bill l;l. ' $ I.. I {. s _ _ � 1 s � ks ' RIZZO ASSOCIATES, INC, JOB ENGINEERS AND ENVIRONMENTAL SCIENTISTS SHEET NO. OF AN EMPLOYEE—OWNED COMPANY ' 266 Summer Street,Boston,MA 02210-1112 CALCULATED BY DATE Tel:(617)357-0720 Fax:(617)357-0722 CHECKED BY DATE �-5'�\Q,�..:c>�:. ( c'✓ /V l'r-�'� �n '•{�-5•°'c-�c•� SCALE ....t3 R S "7 N6"7 /'l;7 N i t �- S ........ S , i i Z 1 ' t �e-, E�_ . :: �' � -----•-yam _ 6 00 F E j 4t. _ A x i i s _ t i ,For Town Of: Barnstable Period From: 1-Jan-95 To: 31-Dec-97 DateTime (MDY) Type Manner Object Collide Surface Major Street Minor Street Date Year Hour 01./11/1997-06PM Injury Accic ANGLE Icy CASTLEWOOD PITCHERS WAY 01/11/1997 1997 6:00 PM .01/11/1997-01PM Property DANGLE MVTRAF Snowy CASTLEWOOD PITCHERS WY 01/11/1997 1997 1:00 PM 11/12/1996-10PM Property O UNKWN FIXOBJ SIGNPOST Dry BEARSES WAY PITCHERS WAY 11/12/1996 1996 10:00 PM 02/19/1.997-11AM Property O RearEnd MVTRAF OTHER Dry BEARSES WAY PITCHERS WAY 02/19/1997 1997 11:00 AM d t: e� � � I� ' III Q � �, k� I i�� I�. A �. o Q ® ♦��� r� I� �� J Town of Barnstable Zoning Board of Appeals ,MAM Planning Department, 230 South Street, Hyannis, Massachusetts 02601 (508)8624785 Fax(508) 8624725 . r August 16, 2000 Royden Richardson, President Town Council John C. Klimm, Town Manager Town of Barnstable Town of Barnstable 367 Main Street, Hyannis, MA 02601 367 Main Street, Hyannis, MA 02601 Laura Shufelt, Chairman Robert D. Smith, Town Attorney Barnstable Housing Committee Town of Barnstable, Legal Department Town of Barnstable, Planning Department 367 Main Street, Hyannis, MA 02601 230 South Street, Hyannis, MA 02601 Raymond Lang, Chairman Thomas K. Lynch, Director Barnstable Planning Board Barnstable Housing Authority Town of Barnstable, Planning Department 146 South Street 230 South Street, Hyannis, MA 02601 Hyannis MA 02601 John J. Finnegan, Chief Harold Brunelle, Chief Barnstable Police Department Hyannis Fire Department 1200 Phinney's Lane 95 High School Rd. Ext Hyannis, MA 02601 Hyannis , MA 02601 Thomas Mullen, Superintendent Maureen McPhee, Tax Collector Town of Barnstable, Department of Public Works Town of Barnstable 367 Main Street, Hyannis, MA 02601 367 Main Street, Hyannis, MA 02601 Robert Gatewood, Conservation Administrator Thomas McKean, Health Agent Town of Barnstable, Conservation Division Town of Barnstable, Health Division 367 Main Street, Hyannis, MA 02601 367 Main Street, Hyannis, MA 02601 Ralph Crossen, Building Commissioner ? Barnstable School Department Town of Barnstable BuildingDivision c/o Dr. Angela Castoria 9 367 Main Street, Hyannis, MA 02601 230 South Street, Hyannis, MA 02601 Margo Fenn, Executive Director Cape Cod Commission 3225 Main Street Barnstable MA 02630 J Enclosed is a package of materials submitted by Jacques N. Morin, Trustee of Settlers.Landing Realty Trust, to the Zoning Board of Appeals in accordance with MGL Chapter 40 B, Affordable Housing. The applicant is requesting 56 detached single family homes of which 14 units shall be low or moderate income housing units. The property is shown on Assessor's Map 273, Parcels 122 &032, located on Castlewood Circle, Hyannis, MA, in an RC Residential C Zoning District and B Business District. The Comprehensive Permitting process designates the Zoning Board of Appeals as the single permitting agency. The Board would like to know if you have any concerns and/or issues that need to be addressed and resolved prior to its decision on this application. 1 C� The Board would also appreciate any suggestions into possible conditions to impose in the permit should it be issued. Those conditions should be.developed to assure that the proposed development is: • environmentally sound, • provides a safe and secure place to live, • has provision for adequate transportation, public and private utilities and emergency services, • is constant with adopted local and regional plans and needs, and • is in the best interest of the Town and its residence. A Public Hearing on this permit will be held on September 27th, 2000, in the Town Hall Hearing Room. If you could provide your review prior to September 15, 2000, it would be appreciated. Should you need additional information, please contact either Art Traczyk, Principal Planner or Sheila Geiler, Board Secretary at 862-4685. Thank You, Ron S. Janss n, Chairman cc: File Copy 9 i PROJECT `7�0 NAME: ADDRESS: PERMIT# n CJ DATE: M/P: LARGE ROLLED PLANS ARE IN: BOX (9 } r SLOT ' DATE: i. 4I i q/wpfiles/archive C' ORK -----------�------ I II I I 4- —J ——— ——— 10'8 x 6' 10�8' x 10'4° I 1 • Izx 12'0° I d 1 I •1 I 1 D x 2 0° I a d ML 1 vAMMVMM /\ ire ea x Irhi— F—,� O II PAMILY RM. .I I 19'10° x 12'Q° I II FIRST FLOOR PLAN FLOOR PLAN 1/8" - 11-00 1164 MT I jL YoVl t/di - --.:- i a w z _ _ �a*9 r w a •: C FIRST FLOOR SQUARE FOOTAGE o t1164 B.F. I SECOND FLOOR SWARE FOOTAGE - *5% S.F. ' TOTAL 812UARE FOOTAGE . t15" S.F. FRONT ELEVATION 11411 1'-0° 1 e 12Mn>r L 14® PININGIwo • — ------- WI X 11'6" �— • — 1 BEDIt001'1 X 11 BROOM 14'�" LIVI�I�M — O ----- ZOP TO 1 I' R5T FLOOR PLANSECOND FLOOR PLAN 1/80 - 11-00 478 t S.F. I'-O° clO2 t S.F. _- :-: _ tj Mo xc&qdul" - — CTI jKI FIRST FLOOR SQUARE FOOTAGE - 3qO2 S.F. 710 �® SECOND FLOOR 9QiJARE FOOTAGE t478 S.F. TOTAL SQUARE FOOTAGE - f1980S.F. i FRONT . F- L F.\/A71 ON 1/411 a 11-01I � :d I� p,P• ^A: F -I � Iy K. ,1 IT.• 1 I t 1 — 44x10 -- 16V x I84!• RQ) 11 FRONT EL EVA71ON 441 •I --- ire•'M x La's• - osc , O �axuxos% tib• x ie%• v eft• x 118• roRc� 46'-0° FIRST FLOOR SHARE FOOTAGE - *1642 S.F. TOTAL SCJUARE FOOTAGE t1642 S.F. FIRST FLOOR PLAN 1/80 - V-0" 1642 t S.F. --------------------------------- I I I I ' I I a MOWN I I I I O I I/� II 1560� --- II II — 51'-011 FIRST FLOOR PLAN SECOND FLOOR PLAN IY8" 1'-0° 1177 t S.F. Bel UJ/ 4 Z y3 CTI R Y. P ' 3s V / VV WVW O _ d _ "y — *' _ 's FIRST FLOOR SWARE FOOTAGE - t1177 B.F. ro - � SECOND FLOOR SQUARE FOOTAGE - *BB1 B.F. TOTAL-SQUARE FOOTAGE t16RB S.F. ZA s FRONT F- LEVAT 1 ON ti 14Xw II MUL 18's " ; Q eEDl�oGrq m 11°s"�aan MISS x 2lb° 14W x 0'60 la's° II -------- ----J it II uylnw 1�oah li El 16V x Mbo 12%.x lrs° pp - z -- L�-_— ---L O — ------- ji j =----------------- SECOND FLOOR PLAN ¢- V®" 1'-O" FIRST FLOOR PLAN , �z� t S.F. — F I/8" a 1'-0" M t S.F. 7-7 (40 7 \ / JMCI ta � _- - Ile_ __ _ j "i 1 j v� FIRST FLOOR 912UARE FOOTAGE f8B2 B.F. m I LL I 1 �`�1— SECOND FLOOR SWARE FOOTAGE a *581 S.F. j — TOTAL SQUARE FOOTAGE t19Q6 S.F. sm— �.. a . FRON7 ELEVA7I0N 1/4" 1'-011 I - e t 7�7' ' WOOD DEUC w X 10 IT] FRON7 ELEVATION 11411 a II-o° DINING i ea°.ta 9'2° X II'10° A X II i - t LIVING ROOIh Q 1T4° X 11'i° V_ V__N 1',W xx a t1 x 1 I f CTI fr I RST FLOOR PLAN FIRST FLOOR SGlJARE FOOTAGE *1170 S.F. ti170 S.F. 1170 t B.F. TOTAL SMARR FOOTAGE - uv. ® '" a 1o�e x�io'6° p 20 9o>sO O d O p _ d -- 1 to n.eeeaOOM 17'9° x 19'0° J�E�1 —'I wer wua SECOND FLOOR PLAN FIRST FLOOR PLAN 1/8" • 1'-0" 759 t S.F. 764 t S.F. a - — f a r = € _ FIRST FLOOR SQUARE FOOTAGE *764 B.F. SECOND FLOOR SQUARE FOOTAGE - t769 S.F. } r' M 4� 4 1 — ��j�y — — _ TOTAL SQUARE FOOTAGE 315= S.F. t• 1# ' FROND" ELEVAT 1 ON V 114" 0 1'-0" L �.F C f 14 X 10 II \J IF------- II I 1a4 x ro's I fa x 1' IL----------- 1 igloo ----------- ji ca0v - 'I----------- ISW x 12V ------------ II _ -- II uyw,%am IBIV x 11' ° i —_-- —-- I ----area rn— ,. I FIRST FLOOR PLAN SECOND FLOOR PLAN _ 1/8" V-00 Sq8 t S.F. 1/80 1'-00 5349 t S.F. - + J _ C/7I L e.t� 7 NU B/ f/nQi FIRST FLOOR SQUARL 4OOTAGff - *M S.F. SECOND FLOOR SQUARE FOOTAGE o: *59q S.F. .. TOTAL SQUARE FOOTAGE *1497 S.F. FRONT ELEVAT 1 ON I � O � ocus ! e Lot Lot 'H Lot Lot 9 § 0 Lot 13 �5 Lot e LOCUS MAP z tt (e-�'S loll� ' i . SCALE 1'=2000't ASSESSORS MAP 27,3 PARCELS 32, 32-001, 122-001 THROUGH 122-011 LOCUS IS NITHIN FEMA FLOOD ZONE C I G I I ` i'. I 4af yl Lot 14 G� n TOTAL SUBDIVISION AREA m 13.38t ACRES i +' Lr j Lot T _ Q 0C a�`rl Yam` Lot 18 , f C Lot 8 arrz .. ��i-�{.yN� � 0 r F:'.•/J [. ,� Lot 18 Lot 8 . 17 Lot 4 t �n Lot 18 571 f s Lot 3 / L 9 P ds Lot 2 Lot 19 t�4 l Lot 1 {Qt 20 l 4 A J QIMi a _ C Lot 49 Lot 21 p ,nwsn sevrr r Lot 22 Lot 48 d Lot 47 Lot 23 48 Lot 24 L Lot 2 x xuw� A, y' Lot 28 1�1af/�G M Lot27 �� CT �k Lot 28 Lot 43 casYam�r uwrrr wrm t 1-3 Lot 42 Lot 29 ,, Lot 30 Lot 41 #'q�) SETTLERS LANDING Lot 31 Lot 40 SITE DEVELOPMENT PLAN 1, � MO,.+w.„ :, IN Lot 32 BARNSTABLE (HYANNIS), MA pA Lot 39 L PREPARED FOR SETTLERS LANDING REALTY TRUST Lot 33 0 1 DATE: AUG 1 B, 2005 7 Lot 37 o w so 90 120 im rcEr nmmsut of 3 on soe-aez-is41 1 36 <` m.soe-aez 9aeD t 3 A down cape engineering, inc. f CIVIL ENGINEERS LAND SURVEYORS e 1/(t 939 mein St.yarmout6pork ma 02675 A ` • 00-DIB DEFIN.DWO ��• V ' coasLES717NE LANDING/!TRUST l TTs I K70 /t e Pam'�� W CS l ��__1 E erLV°R B STRZT A�'N/� a 2 ?O or'U`S Area=1G,4°7r3t Sq.Ft. J ����• W LS'� 0.24t Acres / 4 ' i t S.B.f o�o a� 0 \ S L@t 10 �tssj• aL R"u1 a 7e pp Area-11,093t Sq,F!. IS ®7711 8 q 1 l Or u 3 Area=9,8972 S Ft. 0.25i:Acres 9� i _\_ b S.B.IS 23.90' 0r - ; N0917.14-E OF COR. LOCUS MAP 0.23t Acres pp r, y SCALE 1"-2000'* i' W 20 LUNOBORN,EST of- ASSESSORS MAP 273 PARCELS 32, 32-001, 122-001 THROUGH 122-011 3 p 7 �- Area=6,81023 Sq.FL YN d0HV R c%GUSHES; 6yg• CTHIA✓ LOCUS IS WITHIN FEMA FLOOD ZONE C 11419• W / 0.20f rAcres TOTAL SUBDIVISION AREA= 7.75t ACRES - Lot 49 7Byw6-Wr ZONING SUMMARY " b N,6 shad h ro Area=10,002t Sq.Ft. 7B'09'W '�` ipg•g9' ZONING DISTRICT. Of RC-1 0.23t Acres T� MIN. LOT SIZE 43,560 S.F. Lot 21 MIN. LOT FRONTAGE 125' 515524ZB 4 b'" Area=10,253f S Ft. MIN. LOT WIDTH - At9. N7'01.4p, n w q. MIN. FRONT SETBACK 30, 77910•W\ 1p 00�+ 3 ; 0.24 Or MIN. SIDE SETBACK 11. j 1�1' T w -`v ry PE7ERSON,DA HD M MIN. REAR SETBACK 1 ±Acres 5' vY S74•p1• h „w d.PE7ERSLW NOTE: A SMALL PORTION OF THE N.E. CORNER OF ° Lot 48 j mm 2 20Q 1B'E °' SHIRLEYE LOCUS EXTENDS INTO A BUSINESS ZONE. n47 3 �'" Area=10,0026t Sq.Ft. W o� / N 74175.4J•W ZONING DISTRICT: PI - AHD - 0.231 Acras aN/e f hT,gg, ir:• �rnl^ elf MIN. LOT SIZE 10.000 S.F. l <13.. MIN. LOT FRONTAGE 50' (20'ON RADIUS OF CUL DE SAC) S"119. o w/N Lot 22 MIN. LOT WIDTH 65' g•il• /ors MIN. FRONT SETBACK 15' N 747B,TB• 7p 36 E ti a lm Area=10,0041 Sq.Ft. MIN. SIOE SETBACK 10' B• />F �7L/AM" 107 W '8 a l•' ; BEWRLY E NH/TE MIN. REAR SETBACK 20' ? 08 n /w 0.23}Acres ^y SITE IS LOCATED WITHIN THE Lot 47 20.36• "7{7837' GROUNDWATER PROTECTION OVERLAY ol Araa=10,002f Sq.Ft. N 86.43'45'W 11Q6d' W DISTRICT Or 0.231 Acres OWNER Lot 23 Area=10,006t Sq.Ft MORIN, MARTHA M N Or 1597 FALMOUTH RD - SUITE 4 7?'IBSB• 0.23t Acres CENTERVILLE, MA 02632 1WI.51' W n N A � APPLICANT SETTLERS LANDING It REALTY TRUST a Lot 48 1172.J6'Sg.W a Q� T?J?J W ANDREK ✓OHN E ' KA7HERINE ANDREWS Area=10,001t Sq.FL 200, '�'�6 aN S72• REFERENCES Or 3� r/^^ y �2o25�6Se•E Lot 24 ry 0.23f Acres 1.,/ v,ca a Area-10,005t Sq.Ft. 'V DEED BOOK 12257 PAGE 241 ,»�/oz� W DEED BOOK 10160 PAGE 229 N7J ^/'%�w /a.2� l�n 0.23t Acres N Or PLAN BOOK 554 PAGES 31 k 32 73'4j• ,,,C .c y^r a' /''^ rd SUBDIVISION N772 1054 w n n NOTE: 3; e ,0 1?9.J3• W a Lot 45 g ^ w /� ABUTTING PROPERTY LINES FROM TOWN OF BARNSTABLE ;q CIS DATA AND ARE APPROXIMATE. FOR REFERENCE ONLY. c, Areo-10,011t Sq.FL n /, Lot 25 CASH,SHARON A Or -1"m7. to 0.23t Acres tit rr/^ Area=10,0023 Sq.FL MUNICIPAL WATER IS AVAILABLE / m� /- Or w MUNICIPAL SEWER IS AVAILABLE ,PROPOSED 40,29•/= 0.231 Acres r° S 7236'S8 p0 v7 BOUND N 7g n CONCRETE N 7gy0aT E 4 , (TYP.) x D4.14•W 7D4g W zi 1JS1?' 0 9, J $ Lot 26 V� ry n�ry ro Lot 44 ry ¢ ..s, Areo=10,000t Sq.Ft. Or m Area-10,045t Sq.Ft. g x 0.23t Acres MXQ, TODD G IRS Q Q M or !6 Di CIO r,YL.BEF?r c WDDD Q. 0.23t Acres w ra Q"78y1, _o IJg.JS• w 3 "1608'p•wx Lot 27 =Aed. S.;t BARNSTABLE PLANNING BOARD 171,10• Areo=10,0001 Sq.FIL - DATE: Lot 43 °r � `� o.23t Acres ry Area-10,020t Sq.Ft. 0 or 0.23t Acres ,k N 778Y43-W S 77 �^ 1jB•1,, LYESLq,,k7SEPN& FOR REGISTRY USE 3 ro720.D E $ . - STANLEY �m T.-° 5j7 n 20.Op 43"E Lot 28 Al���743-W w i 1/ h Arao=10,004t Sq.Ft, APPROVAL OF'THIS PLAN SUBJECT TO Or COMPLIANCE WITH THE COTENANT TO BE 0.23t Acres _ RECORDED HERE107H. COBBLESTONE LANDING 1/TRUST ^7 Lot 42 / W Area=10,000t Sq.Ft. "'1U7'43-W . Or 1 N = MA737S✓EEFREY w It 0.23t Acres ry � r 2 N ,��Y - ALEIHA D Lot 29 N 77T17.13•W Area=10,0o t Sq.FL 1, CLERK OF THE TOWN OF 11265' / / 0.23t Acres N BARNSTABLE, CERTIFY THAT THE NOTICE OF APPROVAL OF THIS PUN 3y i r .n WAS RECEIVED AND RECORDED IN THIS OFFICE AND THAT NO NOTICE OF i^�1 'v o w N 77Y7 APPEAL WAS RECEIVED DURING THE TWENTY DAYS NEXT FOLLOWING THE �r Lot 41 - m m la h Y4.1•w RECEIPT AND RECORDING OF SAID NOTICE m Area=10,001t Sq.FL '„g $ 8 .� �'�'n 73Ltp4 ' 41 Or N7)•20.0°'J ,a'� .v g g`�yr rT �BRUNK£"ANNES 0.23.!Avn 07'43'W 'rc s i Lot 30 pQK IRS d4COBSgJ, DATE TOWN CLERK ' \ SE _ m/p 20p0' 1 RUSSET(J EASEMENT 5))0q 36'E _ ® PROPOSEOJ N7j'07•43•W Area=10'OO6f Sq.FL o= 128 CONCRETE n OD4'22'W 86 r 0.23!AcresOUND °• S)70436•E'132.50' - PP.) N B07J'08'W Lot Aroa=10,1243 99.Ft. ,d g ^ .-'�. Lot 31: Or Area=10,003t Sq.Ft. MORR/SON,-'WE"D/O 0.23f Acres Or. FOLEY,MARY M N7 •W u ; 0.233 Acres i40.08-b.OB' SETTLERS LANDING II ~ Lot 39 580'13'O6'E N 807T06•W Ar-10,0803 Sq.Ft. 30.Op• gl= a 5801 1320Y Or mr n rn /'20ppA,°fi-E Lot 32 (SUBDIVISION #812) 0.23t Acres / R>Ip OO.L>9 `gI�k -�- Area-1D,DD3t 5q•Ft• DEFINITIVE PLAN - R>72.5p.L>1396' V o 1.58 Or F, N 74ZS,--•W 1/ ,s^ z 0.231 Acres SUBDIVISION OF LAND 14?.6B' ' R=30.00' L>r R> n L=27.59' i11.2' R»O.Op'l>9.20' Lot 38 R=30.00' N DRM"hGE�/ L=27.58' 171'14'W C£IB.S DET7RA J IN L=16.38' 125.74' EASEMENT /\ny PROPCONOSED BARNSTABLE (HYANNIS), MA � Area=10,069E Sq.Ft. / � >1150'E=53.34' RETE 0.23ET t Acres S 75.37'2 O.00--%-s+ BOUND t EASEUEWT E I r� N B6'23'28'W i. t� Lot 3 PREPARED FOR ♦7 132.78' 1 SETTLERS LANDING II REALTY. TRUST 20�• Area=10,074t Sq.FL Lot 37 `� ' "86'S4.08'W Of 0.23}Acres A Area-10,037t Sq.Ft. t+��a)6p a •y9tr D7IFFNODMER,STELIA M 0 r B • R�2.`a'-JL N DATE: AUGUST 2005 O 18. 0.23±Acres TQ{ '�'•p Scalr.7e-40' ry f �p yd A0 0 20 40 60 80 100 FEET G Lot 36 Lot 34 �,8 2 Lot 35 Areo=10,140t Sq.Ft. CERTIFY THAT THIS PLAN WAS MADE IN N 508-362-4541 65t Areo=10,0 Sq.FL •T'�:' s Or ACCORDANCE WITH REGISTRY OF DEEDS fax 508-362-988D 61 Or = Area-10,010E Sq.FL ,'G'• 0.23t Avas REGULATIONS EFFECTIVE JANUARY 1, 0.23t Acres Or s 11976.988. AND AS AMENDED JANUARY 7, 0.23t Acres down Cape engineering, inc, 134.93. 1g S ARNEs� '1r CIVIL ENGINEERS 57 Y E • 13927• � H '✓", LAND SURVEYORS = 329 vB LARCNE.USA✓ >w'ssU4e ...r1 939 main sL. yarmouthport, me 02675,o COBBL£SRNf LANDING/1 TRUST 56.79' -r= CB F. - DATE S' JALA. P.L.S.,P,E. 00-018 OEFIN.DWO CB Found O � OCUS t g m r g yd HEARTY N KE771E,LP hd° 4oi CB Found S cT 114.99' NBOu•,�.W LAWZAD,JOHN flaale 2e _ C&MARION J d®4 9® Lot 99 133.99 32J.6J' Areo=9,8523 Sq.FL Area=10,1183 Sq.Ft Or 70.67• LOCUS MAP Or 0.233 Acres 0.23f Acres SCALE 1"=2000't R=11.50 sJJJT HSv2z5. L®o � ASSESSORS MAP 273 PARCELS 32, 32-001, 122-001 THROUGH 122-011 L=6.94'� TDB• TOZ W Afeo=10,i6Bt Sq.FL LOCUS IS WITHIN FEMA FLOOD ZONE C r ,;. R=TT.50' S7}wPo. Or Lot 9 1=54.11� I N 0.23t Acres L4 n TOTAL SUBDIVISION AREA= 13.36f ACRES 8 e / �7,. �T�00.22S2. ZONING SUMMARY Areo=10,74t Sq.Ft 5�. ,f' L`11 L_921s y\;5 w N MAT01'IN ,26 L"'t J 1 ZONING DISTRICT: RC-1 0.23t Ausa 16.95 7.' 4'Ss MIN.LOT SIZE 43,560 S.F. a Shed rym, j�ti5� MIN. LOT FRONTAGE n®� Is � L4 MIN. LOT W10TH - � PROPOSED � MIN.FRONT SETBACK 16'' - "��. 5. EASEMENT Area=10,009t 5 Ft. ARTH J MN. SIDE SETBACK 15I � v R=61.50 I00' q' MA MIN. REAR SETBACK 15' 'n L=4B.84 I1 0.2Jt rAcree ry m S Z53J. NOTE: A SMALL PORTION TO B N.E. CORNER OF - Lot Q I, � r°o /"OLb2p,f LOCUS EXTENDS INTO A BUSINESS ZONE. Area=10,126t Sq.Ft. R=J0.00' L=2a.15 Shed ZONING DISTRICT: PI - AHD Or d6� L-27.59' L=31.96' 0.23t Acres L=293' R=12.5U q MIN. LOT SIZE 10,000 S.F. R-30.D0 L-27.49' L=24.As. r' MIN. LOT FRONTAGE 50'(20'ON RADIUS OF CUL DE SAC) }y' H MIN. LOT WIDTH 65' / R-72.50' h MIN. FRONT SETBACK 15' m' �pNCRETEJ I L=10.39 MIN. SIDE SETBACK 10' BOUND )m' R=i0.00' MIN. REAR SETBACK 20' i; Lot y7 (TYp,) 1„ 1„�,-� L=9.1p6' �t �1,0 n IS U DRAINAGE "T�� p1 Lot 4 Rik".MAR/LYN✓Area-10,002f Sq.Ft. 'a � 2 c EASEIAENT 00' 10,013t Sq.FL n SITE IS LOCATED WITHIN THE ' � Or 20, Area= GROUNDWATER PROTECTION OVERLAY 0.23t Acres 194OSB0'42'O5'E Or DISTRICT 0.23t Acres i OWNER 3 LMOUTH MORIN, M h 1597 RD- SUITE 4 ry CENTERMLLE,RVILLE, M ®� 8 ®� 9�MA 02632 Area-9,999t Sq.Ft. Are0=9,519f Sq.Ft. MORIN, JACQUES g Or Or n 1597 FALMOUTH RD STE 4 h 0.23t Acres 0.22t Acres CENTERVILLE, MA 02632 p,7 fibM if RENDYB Shed APPLICANT Found w SETTLERS LANDING REALTY TRUST Lot 1� $,' Lot 9�s BAYBERRY PLACE REWDS ASSOC L o of PJ Id Arna=9,203i Sq.Fl. "e{ Areo=10,489f Sq.FL Or I LP. 0 0.21t Acres REFERENCES 0.24f or $ r o DEED BOOK 10180 PACE 229 0.15• � i a PLAN BOOK 554 PAGES 31 h 32 SUBDIVISION p772 a NOTE: HEYWARD,AL KAIJ? "+ Lot 4157 &ROXANNE _ n IS f O U ABUTTING PROPERTY LINES FROM TOWN OF BARNSTABLE und Lot 4 Area 8,7 CIS DATA AND ARE APPROXIMATE. FOR REFERENCE ONLY. SB F25t Sq.Ft Or Area=10,31 Sq,Ft 0.201 Acres ER MUNICIPAL WATER IS AVAILABLE Or MUNICIPAL SEW IS AVAILABLE Ai ii 0.24f Acrea a 00 6pp®t p 3 0® Shad m = Area-11,607t Sq.Ft. n, P Or �{J Lot �j 0.271 Acres �. Lot cry y \tip t m KAN& GATHER/NE A 3 Area=9,744t Sq.Ft. Or 0.22t Auas 56.90'� _.._:L6'1;�-{E Nf9lCJ6• �.j010 EASEMENT PROPOSED S"'� h0S•33'W per, COB D 80.8BLESTONE LAND/NC tl TRUST BOUNDE 4 y� p C5yy�1 (TYP.) L K ot n N�755J'B. Area=10,473T:Sq.Ft. /B,�- N FOR REGISTRY USE 0.24t rAcres e ^ s eJJ' S.B.1 EA SELIENT r' Lot 9fl f r J77'7y.ST•EB�Jy. R a: Area=11,093t Sq.Ft. ®t m 3 h 0.25t o Acres r c 'po Areo=9,8or Sq.Ft. _ S.B.I9 Or OF •� � N0917'14"E OF CDR. 0.23t Acres o y - Lot 20 IVNWaR:Esr OF a XWN R c%CU-WEE Area 8,812f Sq.Ft. CYN71#A✓ 3 0r 0.20f Acres j 7yM I � {r ; Shed M i PARCEL D Area=7J5t Acres i SETTLERS LANDING gN a COMPREHENSIVE w 3 PERMIT PLAN _ IN PLAN INDEX y BARNSTABLE (HYANNIS), MA SCALE 1"-400' PREPARED FOR BARNSTABLE PLANNING BOARD 99. SETTLERS LANDING REALTY TRUST DATE: AUGUST 18, 2005 DATE Seale 1"-40' 1, CLERK OF THE TOWN OF BARNSTABLE, CERTIFY THAT THE NOTICE OF APPROVAL OF THIS PLAN o zo Aa eo eo ioa rEEr WAS RECEIVED AND RECORDED IN THIS OFFICE AND THAT NO NOTICE OF APPEAL WAS RECEIVED DURING THE TWENTY DAYS NEXT FOLLOWING THE RECEIPT AND RECORDING OF SAID NOTICE. I CERTIFY THAT THIS PLAN WAS MADE IN aN 508-362-4541 ACCORDANCE WITH REGISTRY OF DEEDS fax 508-352-9980 REGULATIONS EFFECTIVE JANUARY 1, APPROVAL OF THIS PLAN SUB,ECT TO 198.AND AS AMENDED JANUARY 7, COMPLIANCE WTH THE COVENANT To BE DATE TOWN CLERK 198a. down cape engineering, inc. RECORDED HERE1fl77L - �rear CIVIL ENGINEERS ARN � LAND SURVEYORS /1 t�°JA 939 main St.ya1'mouthport, ma 02675 6.1 g _ , DATE t'; OJALA,P.L.S.,P.E. 00-01e DEFlN.DWO I 1