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HomeMy WebLinkAbout0550 LINCOLN ROAD EXTENSION (8) 'i A., f t Town of Barnstable J BAMffrABM= Zoning Board of Appeals Gail Nightingale,Chairman �AjEp IjA�P+A`0� 200 Main Street,Hyannis,Massachusetts 02601 Phone(508)862-4785 Fax(508)862-4725 L" ` Growth Management Department 367 Main Street,Hyannis,MA 02601 Ruth J.Weil,Director Date: May 22, 2006 To: Maureen McPhee, Tax Collector Town of Barnstable 367 Main Street, Hyannis,MA 02601 From: Gail C.INightingale, Chairman Zoning Board of Appeal ( 0� Reference: Request.for Review of Chapter 40B, Application for a Modification of a Comprehensive Permit- Living Independently Forever, Inc., LIFE at Hyan_nis";55015 cola Road_= Extension;Barnstable;MA;"Ass sse or's-Map 273,Parce125 Enclosed is a Chapter 40B application submitted by Living Independently Forever(LIFE),Inc., for a modification of the prior Comprehensive Permits. The applicant seeks to develop the northern area of the property segmented by Castlewood Circle and identified as Parcel A, consisting of 14,273 sq.ft. The proposal is to expand the existing sixteen(16)unit condominiums"LIFE at Hyannis"by adding four(4) additional one-bedroom condominiums in a multi-family structure as well as associated site improvements. This application has been submitted in accordance with MGL Chapter 40B as a major modification requiting a public hearing. This modification proposes an increase in the number of units located in the area of the property previously conditioned by the Board"to remain in a natural state." The comprehensive permit process designates the Zoning Board of Appeals as the local permitting agency. The Board is requesting your agency's review of the application and would appreciate knowing any concerns in respect to the proposed plans and development prior to issuing a decision on this application. This Comprehensive Permit is scheduled for a public hearing on July 12, 2006. It would be greatly appreciated if you could provide your comments to the Board's Office by July 3, 2006. If you need any additional information,please contact Art Traczyk, Principal Planner or Leandra Nicolo, "> Administrative Assistant at 862-4785. Thank you for your participation and assistance. Attachment: Comprehensive Permit Application LIFE,Inc. I BIKE Town of Barnstable t Zoning Board or Appeals Gail C.Nightingale,Chairman 200 Main Street,Hyannis,Massachusetts 02601 Phone(508)862-4785 Fax(508)862-4725 Growth Management Department 367 Main Street,Hyannis,MA 02601 Ruth J.Weil,Director June 1, 2006 Tom Perry Town of Barnstable Building Department Growth Management Department 200 Main Street Hyannis,MA 02601 Reference: Chapter 40B, Application for a Modification of a Comprehensive Permit-Living Independently Forever, Inc.,'LIFE at_Hyannis",:550 Li cn oln,R ad.Extens ion J Barnstable,MA,Assessor's Map 273,Parcel 25 Dear Tom, I have enclosed a copy of the proposed new development plans submitted to the Zoning Board of Appeals, by Living Independently Forever, Inc, with respect to Comprehensive Permit Application. The enlarged plans were submitted on May 31, 2006. There will be a total of 4 one bedroom units on the property. The Zoning Board is requesting your agency's review in regard to these proposed new plans and would appreciate knowing any of your concerns. This Comprehensive Permit hearing is on July 12, 2006 at 7:45 P.M. Should you need any additional information,please contact me at 8624785. Respectfully, Leandra Nicolo, Administrative Assistant Attachment: List of Agencies,Boards,Commissions Needing Scaled Plans Copy: ZBA File-2006 LIFE Modification Gail C.Nightingale,Chairman r �pP THE Tp� o Town of Barnstable, Massachusetts Department of Planning and Development BARNSTABLE, 9 MASS. a �A 1639. `gym 230 South Street, Hyannis, Massachusetts 02601 lF�MA'S A DT: January 27, 1993 T0: Josep-h`Daluz_;__Building--Commissioner Steve Seymour, DPW Engineering FM: Keith Hamre, Associate Planner RE: Comprehensive Permit for LIFE Inc. , Riverview Schools ----------------------------------------------------------- Please find attached a copy of the decision of the Zoning Board of Appeals, Appeal #1992-68 dated December 18, 1992, approving a Comprehensive Permit for the applicant Riverview Schools, (LIFE Inc. ) . Please note the special conditions as some pertain to approval of permits and plans by each of your departments. Jk �pf ZHE T0� do Town of Barnstable ZoningBour a :, e -��euls aARNSrnBu.E r r MAS& o, 230 South Street, Hyannis, Massachusetts 02601 (508) 790-6290 Fax (508) 790-6454 HIED MA'S s '95 .1AN1 30 P 1 .33 MEMO TO: Planning Department artment Fire Department J Conservation Commission Town Counsel Housing Authority Board of Health Department of Public Works Engineering Department Town Clerk Collector of Taxes Building Commissioner Cape Cod Commission FROM: Zoning Board of Appeals DATE: January 27, 1995 I would like to bring to your attention that the Zoning Board of Appeals has received two Comprehensive Peinmit applications for relief under Massachusetts General Laws,Chapter 40B. As required by the statute,we are holding a hearing on said appeals within a thirty-day time frame;said hearing for the first Comprehensive Permit,Living Independently Forever,Inc. (L.I.F.E.)has been scheduled for February 15, 1995. The second Comprehensive Permit,G.P.Affordable Home Corr; for Old Colony Road has been scheduled for March 15, 1995 under an extension request signed by Joe Polcaro. Also,as required by the statute,we are notifying all appropriate Boards. Your input in relation to these petitions would be helpful to the Zoning Board of Appeals in rendering a fair and equitable decision. Sincerely, Gail Ni htingy�trtd�n g Zoning Board of Appeals Enclosure: Application Forms: 1. Living Independently Forever,Inc. Appeal Number 1995-20 2. Old Colony Road Appeal Number to be assigned FOR FURTHER INFORMATION OR REVIEW OF PLANS SUBMITTED, PLEASE CONTACT THE ZONING BOARD OF APPEALS STAFF. F,eFBoai-d'use�only Comp.Per`m:AppIi cat ion No. Date Rec'd Hearing.Date: TOWN OF BARNSTABLE _. ..: Zoning Board of Appeals 8. _ - JAN �r 1" = Town Hall. Hyannis. MA. 02601 '915 tAN 27 APPLICATION for COMPREHENSIVE PERMIT tit cs v (Made pursuant to M.G.L. Ch.406. Secs. 20-23. and 760 C.M.R. 30.00 & 31.00) Note: Please submit fifteen (15) copies of. pages, i_ and 2 of thus completed application form and all accompanying plans and documents listed in Item 19.. together with a check payable to Town app" Barnstable for . 9. '[Only one (1) copy needs to be filed of documents referred to in Items A.. 10-A.. 14-A. and 21-A.] Use supplemental pages if necessary to provide complete information called for by any item in this application. indicating. name of applicant (Item 2.) an 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. 1.Appiieant(name)...G-P.Ak: QW.AB ..HOME CORP....:.....................................................:................................. (address & tel.)....3�;�1„Fa mouth,Road, Marstons,Mills,,1�...02648,,.,,,.420-1232......:......... 2.Status of applicant: (check one): Public Agency _; Non-Profit Org. _; Ltd.- Dividend Org. IL_ . 2-AAttach documentary evidence of status. 3. Name of proposed development...................Old Colony_Road................................................. . .. .... ............. 4. Type of development (check one): New construction X_ ; Rehabilitation of existing structure(s) 5_ Applicants attorney:(name).. Jeffery Johnson, Esq. (address & oad.��(Rte. 28).,��Suite 12,��Centervlle.MA02632.._,790-5776,. 6. Applicants architect:(name)...........................N/A.....................................:................................................ (address & tel.)........................................................................................ .............................................................. 7. Applicants enggineer:(name).. Down..CCaape-Engineeri.rig................. ............... ..........: (address.& tei.)....939.Main.St.r Yarmouth�ort MA.„02.ZS.................362-454]............................................. 8. Location of site by village and ............................................. S. Fire disi.ricL and waier :iupµal-cr:......ciyaulXS.. .IX�..R],StX� j 10. Area of site in acres/sq.ft._..........78,761 +/- sf .. 1.81.A......... ............ .......................... ..... . ... ... ........ . . .. .... .... 11. Assessors map & parcel nos. for site:.......306,-,283......................................:................................... I I-A.Attach cony of assessors map(s) showing parcel(s) comprising site. 12. Zoning District(s) of site .............RB.................:...............:............:..............................:......................... 13. Is elimination of any existing 'street(s) proposed? AR. if so. give name(s)................................ 14. Applicants interest in site: (check one): Owner ; Option to purchase __ ; Contract to purchase_ 14-A.Attach documentary evidence of interest in site. 15. Total number & type of housing units M bedrooms) proposed:.....F.fight:..(13)..�..h�d gQIII,................ 2..batti.each..-..Siz19.1�..>;anti,7,Y...��taGh�d................................................................. ................................. .. . ..............................................................................................................................:... ............................................................................................................................................................................... ........................:...................................................................................................................................................... . ............................................................................................................................................................ 16. Number & type of low-or-moderate-income housing units M bedrooms) proposed:.................... ......... .(3) 3 bedroanr 2 bath, each .. ........................................................................................................... ............................................................................................................................................................................... .............................................................................................................................................................................. [Rev FOP- and use.only:Comp.Perm.AppIication;LNo0.�.; z ° ,r= ;t ,. Date d. Hewing Date. .�. TOWN OF BARNSTABLE Zoning Board of Appeals, - Town Hari- 74Pnis. A. 02601 0 u Me APPL I CATI owwr COMPREHENSIVE PERMIT (Made pursuant to M.G. Ch. ' &CI.19e523, and 76 0 C.M.R. 30.0o & 31.00) Note: Please submit fifteen (15) copies `o TpgO�Bl :ilii8� of this completed application form and of all accompanying plans and documents-_.,Iis • a.00 �4 •1q. together with a check payable to Town of Barnstable for . [Only one (U copy needs to be filed of documents referred to in Items 2- ��(„�+�A., 10-A.. 14 A: .and 21-AJ Use supplemental information called for by any item in this Pages if necessary to provide ,complete name of development (Item 3-) on each soh age- If indicating name of applicant. (Item 2.) and page_ If an item is not applicable. please enter N/A. PLEASE;.TYPE. OR PRINT NEATLY ALL ENTRIES_ 1.Applicant(name Liven Inde ndentl Forever (address )........ .... . ....... . .... ......y......... s..Inc. (LIFE).:... & tel )... .......,5.5U..>:,ancp].n..Read.Fx�ke�sa-.Ora....1�R .................................................. ............:................... 2.Status of applicant: (check one): Public Agency _; Non-Profit Org, x ; Ltd.- Dividend Org. 2-A-Attach documentary evidence of status. 3. Name of proposed deveiopment......LI ,...Ine. ....................................... 4. Type of development (check one): New ' . .................................. construction _� ; Rehabilitation of existing structure(s) 5. ApplicanCs attorney:(name)....Peter.I,..,Fee$i& (address & tel ) JL80..JRs�ute..6A i �.......................................... ................... contractor ,. .P...R.. Q...... ............................... 6. Applicants H aumbibuld L1 .yd Uq' ..Ha?ard Construcfiion �Q�, Inc (address & P O Box 826 N ,.............................. tel.).....r...*................,.....,..easth�r!...�...02651......508-240-7088 ... ............................................ 7. ApplicanCs engineer.-(name) in En ' (address.& tel.). i Y....9.. !.....g1neering......................................................... Q.. ? a.. 1e,...HY.anns...I' 775-4422 ......................................:......................... B. Location of site by village and streets _.( )- aaznst�ba..V.ad. a�e. .J,��nco .. :Faterl$?�Q�? ... 9. Fire district and water supplier:.. > l 'Fire ."• •••• Dept. Bar??stable Wailer Co. 10_ Area of site in """'-".••..............••••••acres/sq.ft: .....3.99....17.3,.851..s ft....:............................................:.. 11. Assessors 9 map E� parcel nos. for site:..... .................... k1aP t 1-A.Attach cony ..27.2...... ax'c.�a.,s..2�-J..tbx�..25-8.........................:.....of assessors maps) showin g parcel(s) comprising site. . 12- Zoning District(s) of site:....RC-1 ................................... 9 (s):. ......................... 13. Is elimination of any existing street(s) proposed • e( 14. Applicant's interest in site: (check one): Owner X N4"' If so. eve name ....•••• ..................... 14-A.Attach documentary evidence of interest in site. - Option to purchase _ ; Contract to purchase.__. 15. Total number & type of*housing units M bedrooms).. Re ides oms) proposed: ....... $... .�.�......t ial•hou�ing..un .ts•with 2 bedrooms each. ............................................................ „_Recreation/office building..... ...6..t�its•.are.for•.sale,. 2 are rentals. ................ e.unit�.will..alJ aw .......Relocation .of..the..office .... ............................................................................................ Fxistin C •'fox:. l..addztzanaJ..xesidentiat..unit..(Part..of..l6 .to- 9....omprehensiye Perm # 1992-68 consists of 8 units, 2 bedrooms each. 6 sales, l rental, 1 office Tu�ni project with this sion• 16 units 2 bedrooms ea. See Su . ........... . .. . ��. p #16 information gn has nc 'and"tennis' c.?xPan........ .......,..........:............................ 16. Number t g p YRe o low-or-modem e- ncome ousin units fur gonstructlon. 2 residential housingunits with 2 bedrooms each will be affordablProposed:tals. ......................................................... With existing buildings from Camprehensive Permit #1992-G8 a total of 4 affordable ................................. .......rentals will be available. ....•"" ......................................................................... ... [Pev 3/',: tHE°p y : BARNSMUL1659. z - prFD MA'S A Town of Barnstable a Zoning Board of Appeals o L C Decision and Notice- c-1 ci? r L Comprehensive Permit No. 1995-20. rn�n- Minor Modification—December 11,2002 Summary: Granted w �7 Applicant: Living Independently Forever,Inc.,(L.I.F.E.) f" O — Address: 550 Lincoln Road Extension,Hyannis,MA'02601 Assessor's Map Parcel: 275/25-1 throughA5-8 Request: Modification of the plan and decision to allow for an addition.to the Recreation/office building. Applicants Request: The applicant requested a minor modification of Comprehensive Permit 1995-20 to allow for an addition to the recreation and office stricture. According to materials mbinitted, the addition is to include a basement area to - be used as a fitness room,a first floor area to be used as an all purpose gathering/recreation room and a 3/4 second story level to be used for expanded offices and a conference room. On November 18,2002,a letter was presented at the office of the Zoning Board of Appeal requesting the Board consider the change as a minor modification of the Comprehensive Permit: The.tequest was-processed in accordance.v ith 760CMR 31.03(3): The Board heard the request at its public hearing of December 11,2002. Mr.Dennis L.Mahoney,Project Development Agent represented the request before the Board.-_He explained the project was,to expand the building by adding an addition to.the:basement and then insetting the first and second floors approximately 12 feet in from-the•basement level. The basement addition was shown as measuring 30-feet by.26-feet, 7-inches. The second and third floor was shown-as an 18- foot by 26-feet,7-inehe addition to the existing building. The Board and Mr.Mahoney discussed the uses to occur in the building and it was noted that the space would be for the residence and their guests.as well as employees of LIFE. The office would not be expanded in'terms of the number of people. It wouldonly increase.in size: - Findings and Decision:. The Board unanimously found that the request to modify'Comprehensive Permit Number 1995-20,to.permit an addition to the recreation/office building as shown on the plans presented was a minor modification under MGL Chapter 40B and could therefore:be granted without a public hearing. The-`Board then voted to grant the minor modification with the following conditions: A. The addition'shall be developed as shown on plans presented to the Board and initialed by the. • a Chairman and.dated 12-11-02._ 2. 'The location of the addition shall be as shown on the engineered layout plan presented,and also initialed by the Chairman and dated 12-11-02. . 3: Use of the area shall be as cited in the November 18, 2002 letter and shall not constitute an-expansion in the number of people e now being served or_ p p g employed at the development. 4. The premises are restricted to LIFE incorporated and-no part shall be permitted to be sub-leased or used by any other organization. 1 . The vote was as follows: AYE: Gail Nightingale,Richard L. Boy,Ron S.Jansson,Thomas A.DeR.iemer,Daniel M. Creedon NAY:None Order: The request for a hainor modification to Comprehensive Permit No. 1995-20 has been granted. This decision must be recorded at the Registry of Deeds for it to be in effect. Any person aggrieved by this Decision may appeal to the Barnstable Superior Court as provided in Section 17 of Chapter 40A of the Massachusetts General Laws,by filing a Complaint in said Court as well as filing a Notice of such action with the Barnstable Town Clerk within twenty(20) days of the filing of this Decision with the Barnstable Town Clerk's office. el-M. Creedon,Chairman Dated Certification: I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 2 w Town of Barnstable TOWN �D Zoning Board of Appeals ��" gpP �_ astir Comprehensive Permit Decision MGL Chapter 40B Section 20-23 .92 rrl 18 D J -n Appeal No. 1992-68 Summary: Granted with Conditions Appeal No. 1992-68 Applicant: Living Independently Forever, Inc. , Riverview schools, Inc Address: 551 Route 6A, East Sandwich, MA 02537 Property Location: North of Lincoln Road Ext;_nsion Assessor's Maa Parcel: 275/25-1 thru. 25-8 Zoning District: RC-1, Residential C-1 District Overlay District: GP, Groundwater Protection Overlay District Property Owner: Riverview Schools, Inc. Construction Activity: Development of 8 multi-family dwelling units and associated site improvements. Procedural Provisions: MGL Chapter 40B, Section 20-23, 760 CMR 30.00, 31.00 & 45.00 APPLICANT: � I The applicant is Living Independently Forever, Inc. (LIFE,Inc. ) , a r------- Ma.ssachusatts non-profit corporation under Chapter 180 of Massachusetts General Laws with an address of 551 Route 6A, East sandwich, MA 02537. RELIEF REQUESTED: The Applicant has applied for the issuance of a Comprehensive Permit pursuant to Y:.G.L. , Chapter 40B, Section- 20-23, and proposes to build low or Moderate income housing under the Commonwealth of Massachusetts Executive Office of Communities and Develcpment ("EOCD") Local Initiative Program ("LIP") . The proposal is for an eight (8) unit townhouse condominium, seven (7) of- which will be two (2) bedroom housing units and one (1) of which will be an office for the Applicant to be used in support of the proposed housing. The build'inas will be created as a condominium: six (6) of the housing units will be for sale, and one (1) will be for rental. Two (2) of the housing units will be low or moderate income housing units as defined in Med.L. , Chapter 40B, Section 20 and in 760 CMR 30.02. The low or moderate income units (also referred to as "LIP units") will be broken down as follows: One for sale at $62, 500 and one for rental at a maximum of $600 per month. The other housing units will be for sale as market-rate units, with the anticipated sales prices at $135,000 to $145,000 per unit. The occupancy of the housing units will be limited to learning-disabled adults. The Applicant's stated purpose is to provide independent living '. 1 e Comprehensive Permit Decision Appeal No. 1992-68 arrangements for adults with learning disabilities, together with the support services designed to provide necessary assistance, yet foster independent living within the community. The Applicant requested waivers from various sections of the Barnstable Zoning ordinance and from the Planning Board Subdivision Rules and Regulations. LOCUS: The locus is a 3.99-acre parcel of land at the end of Lincoln Road Extension in Hyannis, shown on Barnstable Assessors Maps as Map No. 272, parcels 25-1 through 25-8. PLANS SUBMITTED: The Applicant has submitted plans depicting and describing the proposed development for which relief is sought as follows: 1. Landscape Plan, LIFE, INC. 2. Sheet S-1, Foundation Plan 3. Sheet Al, Building Elevations 4. Sheets A2 to A8, Floor Plans and Cross Sections 5. Site plan of Land by Eagle Surveying and Engineering, Inc. , dated February 28, 1992, and revised April 6, 1992, revised December 9, 1992. 6. 8 Unit Structure Site Plan, dated November 19, 1992. 7. Alternative Site Plan Riverview School Homes, Concept Plan for Development, dated November 27, 1992. 8. Elevations. dated 11/30/92, drawn by Lloyd Howard Construction. APPLICANT'S EXHIBITS: The Applicant submitted the following documents and items in support of its application: 1. SS-4 Notice of New Employer Identification Number assigned by IRS for Applicant; 2. IRS acknowledgment of receipt of application for tax-exempt status by Applicant; 3. Assessor's Map 272; 4: Subdivision Plan for 8 lot subdivision for locus endorsed by Barnstable Planning Board 12-9-85 and re-endorsed on 8-25-86; 5. Quitclaim deed to locus, Barnstable Registry of Deeds Book 7798, Page 088; 6. IRS letter to Riverview School, Inc., dated January 9, 1987 re: Internal Revenue Code section 501 (c) (3) status; 7. U.S. Treasury Dept. February 2, 1960 letter to Hopefield school, Inc., granting Internal Revenue Code Section 501 (c) (3) tax- exempt status; 8. EOCD letter from Secretary Mary Padula to warren Rutherford, Barnstable Town Manager, approving the application for LIP designation; 9. LIFE letter from Cre Dorey to Barnstable Zoning Hoard of Appeals dated October 22, 1992; R ` Comprehensive Permit Decision Appeal No. 1992-68 10. Barnstable Board of Health -letter to Dennis Mahoney, Riverview school, dated November 14, 1991; 11. Cape Cod Community Housing Trust letter to Barnstable Town Manager Warren J. Rutherford dated March 24, 1992; 12. LIP Application signed by Barnstable Town Manager, Warren J. Rutherford, on June 15, 1992 and Joseph C. Polcaro, Local Housing Partnership Chairman, on June 12, 1992; 13. Proposed Living Independently Forever Condominium documents; 14. Letter dated December 2, 1992 from Riverview School, Inc., to the Applicant; and, 15. Abutter's List. FILING AND NOTICE: The Application was duly filed and notice was given as required by law. Notice included the timely notification of boards and commissions of the Town of Barnstable, as applicable, and the publication (twice) in the Barnstable Patriot, a weekly publication having circulation in the Town of Barnstable. A public hearing was opened by the Board of Appeals on the evening of November 19, 1992, and continued to December 3, 1992 and December 10, 1992. At which time the Zoning Board of Appeals rendered its decision. The application was heard by the Board Members; Ron Jansson, Gail Nightingale, Eugene Burman, Elizabeth Nelsson and Chairman, Richard Boy. HEARING PROCEDURE: After proper notice, the hearing was opened on November 19, 1992. After lengthy testimony and submission of: (1) November 12, 1992 letter to the Board from the Cape Cod Commission; (2) November 13, 1992 Town of Barnstable Planning Department staff Report to the Zoning Board of Appeals; and (3) November 17, 1992 memo from Town of Barnstable Planning Board to this Board (all as described in the minutes prepared by the Board) , the hearing was continued for additional evidence until the evening of December 3, 1992; and, (4) December 7, 1992 memo from the Planning Board to this Board expressing tze board's desire to have the way constructed. on December 3, 1992, the hearing was reconvened. Further testimony was given and further correspondence from various town boards and departments were submitted (all as described in the minutes prepared by the Board) . The matter was then continued until the evening of December 10, 1992 to provide the Applicant with an opportunity to present the Board of Appeals with a.revised site plan and elevations for the project incorporating proposed revisions that 'the Applicant had discussed with the Board of Appeals at the December 3, 1992 hearing. FINDINGS AND DECISIONS: Standing At the conclusion of the December 10, 1992 hearing, after discussion, and based on the evidence submitted, the Board by a motion duly made and seconded;- found that: 3 . Comprehensive Permit Decision Appeal No. 1992-68 1. The Applicant is a non-profit organization; 2. Conditioned upon the final approval by EOCD of the proposed project as a LIP project, the project meets the requirements of 760 CMR 31.01 (1) (b) that the project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program; 3. The Riverview School owns the land and has agreed to convey it to the Applicant, Living Independently Forever Inc. (LIFE) for nominal consideration, and therefore, the Applicant controls the land; and, Therefore, the Applicant does have standing to apply for a Comprehensive Permit under M.G.L. , Chapter 40B, Sections 20-23 and 760 CMR 31.01. The Vote was as follows: AYES: Ron Jansson, Gail Nightingale, Elizabeth Nelsson and Chairman, Richard Boy NAYS: None Findings of Fact At the conclusion of the December 10, 1992 hearing, after discussion, based on the evidence submitted, and the finding that the Applicant has standing to apply for a Comprehensive Permit under M.G.L., Chapter 40B, Sections 20-23 and 760 CMR 31.01, the Board, by a motion duly made and seconded, voted on the following findings: 1. The Applicant is a non-profit organization which provides a program designed for long-term independent living for adults with learning disabilities. 2. Conditioned upon the final approval by EOCD of tha proposed project as a LIP project, and the definition of "subsidy" as contained in 760 CMR 530.02 (which specifically includes "assistance through the Local Initiative Program, 760 CMR 545.00" as a subsidy) , the project meets the requirements of 760 CMR 531.01(1) (b) (that the project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program) . 3. The Riverview school owns the land and has agreed to convey it to the Applicant, Living Independently Forever, Inc. (LIFE) , for nominal consideration, and therefore, the Applicant controls the land. 4. The Applicant has standing to apply for a Comprehensive Permit under M.G.L. , Chapter 40B, Sections 20-23 and 760 CMR 31.01. However, the project' will only meet the requirements of "low or moderate" housing under M.G.L. c. 40B upon final approval by EOCD . 4 Comprehensive Permit Decision Appeal No. 1992-68 of the project as a LIP project and upon execution of a regulatory agreement. 5. The Town of Barnstable does not meet the minimum thresholds for low and moderate income housing contained in M.G.L. , Chapter 40B, sections 20-23. 6. The locus is a 3.99-acre site at the end of Lincoln Road Extension in Hyannis, Massachusetts that is presently undeveloped. 7. The locus is in a RC-1 zoning district. 8. The locus is in a zone of contribution for a public water supply. 9. An eight-lot subdivision for the locus (subdivision No. 573) was endorsed by the Planning Board on December 9, 1985, and re- endorsed by the Planning Board on August 25, 1986. That plan extended the street layout of Lincoln Road Extension as a private road to join Castlewood circle, and also created Aurora Lane, as a private road, to link Rilkore Drive with Lincoln Road Extension. Rilkore Drive is part of the presently uncompleted abutting subdivision known as Cobblestone Landing. 10. The surrounding neighborhood is comprised of single-family detached dwelling on approximately one-half acre lots. These are generally smaller than the one acre lot size currently required for this zoning district. 11. The proposed units in the condominium will range from approximately 1,056 square feet to approximately 1,280 square feet. The units will be of wood frame townhouse type construction. The units shall be attractively landscaped pursuant to the landscape plan presented, with night lighting and designed in a Cape Cod-style construction with clapboard fronts, shutters and. accented doorways. The seven condominium housing units will each have two (2) bedrooms, 1-1/2 baths, and full kitchen facilities. 12. The amount of impervious lot coverage shall be approximately 10% to 11% of the locus, and approximately 50% of the natural vegetation of the locus shall be undisturbed. 13. The density of the development shall be two (2) units per acre, which is the density of the previously-approved subdivision and which is equal to previous zoning in the area. 14. Because the site is in a groundwater protection overlay district, the Cape Cod commission, the Planning Board, and the Board of Health have recommended that the site be connected to the Town sewer. This recommendation is consistent with the application for a comprehensive permit wherein the Applicant's application proposed that the site will be hooked up to the Town of Barnstable's wastewater Treatment Facility at the applicant's expense. The Board, therefore, finds that the site shall be S comprehensive Permit Decision Appeal No. 1992-68 connected to the Town sewer and public water supply, all at the applicants expense. 15. The Town of Barnstable has no current plans or appropriations to extend the Towns sewer system to the site. As part of its application and its presentation before the Board of Appeals, the Applicant has offered to assume full financial responsibility for all the costs attendant to extending the Towns existing sewer system to the site and connecting its eight units to the sewer system. Said costs shall include, but not be limited to, the costs of engineering, designing, and constructing (including construction inspection) the sewer system extension, including all appurtenances and connections, the cost of any easements needed to construct and maintain the extended sewer system, and any road repairs necessitated by said sewer ccnstruction. The applicants shall also be responsible for paying for sewer connection permits and user fee charges for each unit. 16. The structures shall be hooked up to public water. 17. Utilities, through the Commonwealth Electric Company and Colonial Gas Co., are available at the locus and shall be constructed underground. 18. The proposal has received the support of the Cape Cod Commission, the Cape Community Housing Trust (which is the Town of Barnstable Local Housing .Partnership Committee) , and the Town of Barnstable, acting through its Town Manager. 19. The proposal has received conditional approval as a Local Initiative Program project, pursuant to 760 CMR 45.00, from the Commonwealth of Massachusetts Executive office of Communities and Development, subject to the conditions outlined in the letter dated October 9, 1992 from the Secretary of EOCD, to the Town of Barnstable Town Manager, which letter is attached hereto and incorporated by reference herein. 20. The purpose of the proposed development is to provide independent living opportunities for learning disabled adults in a community environment, with certain limited support services to be provided through the on-site office in the condominium. The provision of this type of housing with support services offers a unique opportunity for the target population to live and work independently within the community. 21. The unit mix for the condominium will be as follows: one (1) affordable housing LIP unit (either Unit #3 or #4) for rental at a maximum of $350 per month for a single tenant, or $600 per month for more than one tenant, which unit shall be available for rental, in perpetuity, to an eligible low or moderate income individual. .. 6 Comprehensive Permit Decision Appeal No. 1992-68 one (1) affordable housing LIP unit .(either Unit #3. or #4) to be sold for a sales price not to exceed of $62,500, which unit shall be subject, in perpetuity, to a deed rider, requiring that the unit be owned and occupied by an eligible person(s) of low or moderate income. Five (5) market units for sales anticipated at $135,000 to $145,000. one (1) office unit to be used for the supervision of the program by the Applicant. The office unit shall be used for no other purpose than that specified herein. occupancy of the above seven (7) residential units will be limited to learning disabled adults. 22. Of the total of seven (7) housing units (the 7 .condominium residences for learning disabled adults) , two (2) are LIP units as identified above, in with the LIP Regulations, 760 CMR 545.00. 23. The final site plan, "Site Plan of Land in Hyannis, Mass., prepared for: Riverview. School Inc, Scale 1"=301, February 28, 1992, revised April 6, 1992, revised December 9, 1992. Eagle Surveying & Engineering, Inc. with a "Y" turnaround at the southern portion of the locus and a 40 foot radius cul de sac serving the individuals units at the end of the existing Lincoln Road Extension, adequately addresses the concerns of Site Plan Review, providing adequate and safe traffic and pedestrian circulation, and adequate and safe ingress and egress for fire trucks and other emergency vehicles. . The "Y" turnaround portion of the roadway shall be constructed to Subdivision Rules & Regulations "Minor B" street standards. The private drive portion consisting of the cul de sac shall be developed with a minimum of a 6" sub-course and 2.5" bituminous surface. Both shall be layed out as shown in the revised site plan dated December 9, 1992 (Plan item #5) . The applicant or its designate in the property shall maintain the roadways and drives .in good passable and safe condition at all times. 24. The Board of Appeals has carefully reviewed the Planning Boards recommendation that the Applicant be required to construct a roadway between Kilkore Drive and Castlewood Circle. While this roadway does not provide any special benefit to the proposed eight-unit development, it would provide a means of access between two previously-approved subdivisions. In light of the relatively small size of the proposed development, the cost that the Applicant would have to incur to complete the roadway and particularly in view of the fact that this roadway is not needed to service the proposed development, the Board of Appeals determines it unreasonable to require the Applicant to construct the roadway. Proposals suggested to help the Applicant defray the cost of road construction appear to detract from the continuity of the proposed development and further raise serious questions as to Comprehensive Permit Decision Appeal No. 1992-68 whether such proposals could even be considered by the Board under the Comprehensive Permit Application that had been submitted to the Board of Appeals. After reviewing all the evidence, the Board of Appeals finds that the recommendations of the Planning Board. can be adequately addressed through the granting of an easement by the Applicant to the Town of Barnstable between Rilkore Drive and Castlewood Circle. 25. Because of the threatened loss of affordable housing units within the Town of Barnstable and throughout the region (Barnstable County) due to "expiring uses' and in view of the Towns current deficit in affordable housing units, it is consistent with local needs for the Town of Barnstable to ensure the long-term affordability of eligible units. with regard to local needs, the Board of Appeals would have preferred the dedication by the Applicant of more than two units for the housing for persons of low or moderate incomes. However, as long as two housing units of the seven housing units proposed remain available in perpetuity as housing for persons of low or moderate income, as such term is defined by the LIP program or in the event of the elimination of the LIP program, of any other state or federal program that defines said terms, the project is deemed to be consistent with local needs and to adequately promote the objectives of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants of the proposed project and the residents of the Town of Barnstable. The vote on the findings was as follow: AYES: 'Ron Jansson, Gail Nightingale, Elizabeth Nelsson and Chairman Richard Boy NAYS: None Decision on waivers At the December 10, 1992, hearing on this application, a duly made motion was made and seconded that based upon the finding, the zoning Board of Appeals grants the following: waivers from the following sections of the Town of Barnstable zoning Ordinance: a. Section 3-1.4 (IA) - principal permitted use in the RC-1 district. b. Section 3-1.4 (5) - Bulk Regulations as. to minimum lot area and minimum lot frontage are waived; Applicant is to comply with minimum yard setbacks and maximum building height. C. Section 4 - 7 - Site Plan Review provisions (including all sub- sections; i.e. , 4-7.1 through 4-7.8) . comprehensive Permit Decision Appeal No. 1992-68 d. Section 4-2.7 - Schedule of off-street Parking Requirements. Waivers from all the Town of Barnstable Planning Board Subdivision Rules and Regulations, except those sections itemized as follows: 3-6.2 Contents of Plan 3-6.3 Road Plans, Profiles and Cross sections 3-6.13.1 As-Built Plans 4-11.13 Location of Wires (below ground) 5-4 Erosion Control Measures 5-5 Drainage Systems 5-6 Utilities 5-7 Fill 5-9 Roadway Surface 5-11.3 Cape Cod Berms 5-12 Grass Plots 5-16 Monuments (sufficient to locate the ways and lot corners) 5-18 Clearing 5-19 Maintenance The intent of Waiving Subdivision Rules and Regulations standards is so that the Applicant need not apply to the Planning Board for approval of the project as a Subdivision Plan; the "Y" at Lincoln Road Extension shown as a Proposed Easement on said plan, shall be designed and constructed according to the Subdivision Rules and Regulations Design Standards and Construction Specifications for "Minor B" Streets. If there is any conflict between such Standards and Specifications and the layout of said road as shown on the Site Plan, the Site Plans layout shall control. Within the proposed "Y" easement the Applicant shall not be required to install underground fire alarm, or to install street lighting, or to install sidewalks, or to install sanitary sewers in said road. The cul-de-sac shall be considered a private drive and shall be constructed as layed out in the Site Plan with a minimum of 6" suitable sub-course and 2.5" bituminous surface. The applicant or his designate shall be required to maintain the ways in safe passable condition at all times. The vote on the wavers was as follows: AYES: Ron Jansson, Gail Nightingale, Elizabeth Nelsson and Chairman Richard Boy NAYS: None Decision and Conditions The Board, based on the above findings and the waivers granted, by motion duly made and seconded, voted to grant the Application for a Comprehensive Permit subject to the following terms and conditions: : 9 A Comprehensive Permit Decision Appeal No. 1992-68 1. This comprehensive permit is specifically conditioned upon final approval by EOCD of the project as a LIP project and upon execution of a regulatory agreement under the LIP program. 2. The approved site plan (hereinafter "the Site Plan") is the one entitled "Site Plan of Land in Hyannis, Mass., prepared for: Riverview School Inc, Scale 1"=301 , February 28, 1992, revised April 6, 1992, revised December 9, 1992. Eagle Surveying & Engineering, Inc., which shows Parcels A and B with a Proposed Right of way between the two (2) to be considered one (1) lot, with a cul-de-sac, and "Y" turn area shown as a Proposed Easement, and two (2) separate buildings located around the cul-de-sac, each with four (4) attached units; the cul-de-sac shall be paved a minimum of twenty (20) feet in width, or 18 feet if approved by the Hyannis Fire Department. A copy of that approved reduction in width shall be submitted to the Boards office. 3. There shall be •built, for the learning disabled, pursuant to the above-referenced plans, a total of seven (7) residential units and one (1) office unit, to be broken down as follows: a. There shall be one (1) Local Initiative Program (LIP) rental unit to be rented in the initial year of occupancy for no more than $600 per month for two or more individuals, and not more than $350 per month for a single individual. In subsequent years, the maximum rental shall not exceed that allowed by the Executive office of Communities and Development for LIP units or for another comparable program should the LIP program no longer be in existence. This rental unit shall be available for rental, in perpetuity, to an eligible low or moderate income individual or family. In the event that the LIP program is no longer in existence, the definition of an "eligible low or moderate income" person shall be provided by any state or federal housing program that defines this term. b. There shall be one (1) LIP unit (either Unit #3 or #4) for sale at a maximum price of $62,500, which unit shall be subject, in perpetuity, to a deed rider, requiring that the unit be owned and occupied by an eligible person(s) of low or moderate income, or owned by the Town of Barnstable or EOCD pursuant to the terms of the Regulatory Agreement. In the event that the LIP program is no longer in existence, the definition of an "eligible low or . moderate income" person shall be provided by any state or federal housing program that defines this term. c. There shall be 5 market units for sale. d. one (1) unit shall be used as an office by the Applicant for supervision of the housing development and supportive services to the residents of said development. It shall not be used as a residence, work employees and/or volunteers in that office shall not exceed six (6) persons at any one time. 10, w Comprehensive Permit Decision Appeal No. 1992-68 e. The term LIP as used herein shall comply with the LIP Regulations, 760 CMR §45.00. The two (2) affordable units shall remain in perpetuity as affordable housing units. f. Upon termination of the condominium, the use of the office unit as an office shall cease and shall only revert to residential. 4. The interior and exterior of the units are to be built as represented in the plans presented and titled: Elevation, and dated 11/30/92. 5. The units in the condominium will range from approximately 1,056 square feet to approximately 1,280 square feet. The units will be of wood frame attached townhouse type construction. Said units shall be attractively landscaped with night lighting and designed in a Cape Cod-style. Construction with clapboard fronts, window shutters, two (2) false chimneys per building and accented portico doorways. The seven (7) condominium housing units will each have two (2) bedrooms, 1-1/2 baths, and full kitchen facilities. 6. The eight (8) units shall be gas heated, have full basements, low flow toilets and showers, and thermal windows and doors. The attics and basements of each unit shall not be developed as a habitable area. 7. The amount of impervious lot coverage shall not exceed that presented in the Site Plan, and natural vegetation shall be retained to the extent possible. 8. All eight (8) units shall be connected to the Towns Wastewater Treatment Facility. The Applicant shall assume full financial responsibility for all the costs attendant to extending the Town s existing sewer system to the site and connecting its eight units to the newly extended sewer system. Said costs shall include, but not be limited to, the costs of engineering, designing, and constructing (including construction inspection) the sewer system extension, including all appurtenances and connections, the cost of any easements needed to construct and maintain the extended sewer system, and any road repairs necessitated by said sewer construction. The applicants shall also be responsible for paying for sewer connection permits and user fee charges for each unit. Prior to the issuance of the Certificates of Occupancy for any structures, detailed engineering plans for the design and construction of the sewer line and connections, both on and off- site, into the Town of Barnstable Wastewater Treatment Facility, shall be submitted to the Engineering Division within the Department of Public Works (DPW) . No Certificates of Occupancy shall be issued until these plans have been submitted and approved by the DPW and the sewer construction and connections (to the units for which such Certificate of occupancy is requested) are completed and all units are connected to said sewer. 9. There shall be twelve ( 10) on-site parking spaces on the locus. . 11. Comprehensive Permit Decision Appeal No. 1992-68 10. The eight (8) units shall be hooked up to public water. 11. All utilities shall be constructed underground. 12. A plan suitable for recording at the Barnstable County Registry of Deeds incorporating the details of the site Plan, stamped and signed by a Registered Land surveyor, and referring to the covenant hereinafter described, shall be submitted to this Board for endorsement, and said plan shall be recorded within sixty (60) days of said endorsement. 13. A covenant shall be executed by the Applicant and recorded at the Barnstable County Registry of Deeds at the same time as the plan described in Condition "12" above is so recorded, which covenant contains the standard Form F provisions, except modified as follows: (1) The construction of ways and. installation of municipal services shall be in accordance with this Comprehensive Permit; (2) The structures on the locus may be built, but not. conveyed or occupied and no .Certificates of Occupancy issued, until the cul-desac and "Y" turnaround at the end of Lincoln Road Extension are built, and until the completion of the sewer installation and connections (to such units for which Certificates of occupancy are requested) . CSaid -covenant shall-be_-submitted to 7 -the-Town-Attorney-for-approval--prior--to recording., 14. The Planning Board shall forthwith, upon the completion of the construction of the cul-de-sac and "Y" turnaround as shown on "The site Plan" in accordance with this Comprehensive Permit, upon the construction of and connection of the eight (8) units to the sanitary sewer in accordance with this Comprehensive Permit, and upon the request of the Applicant, release the lot from the covenant required by Condition 013" above. Any disagreement between the Planning Board and the Applicant as to the release o:2 the lot from the aforesaid covenant shall be resolved by this Board, upon the written request of the Applicant. 15. The Applicant shall grant an easement to the Town of Barnstable over the "Y" turnaround at the end of Lincoln Road Extension. said easement shall be submitted to the Town Attorney for approval and shall be recorded at the same time as the covenant described in Condition 013" above is so recorded. 16. The Applicant shall have record title to the 3.99-acre parcel that is the subject of this comprehensive permit at the time it records said comprehensive permit, which recordation is required under condition "12" herein. Parcel "A" as shown on the site plan shall not be a separate buildable lot. 17. The Applicant shall grant an easement to the Town of Barnstable . permitting either the Town of Barnstable or a private entity which the Town designates to construct a roadway connecting Rilkore Drive and Castlewood Circle, as shown on "The Site Plan" as a Proposed Right of way. said easement shall be submitted to the 12 Comprehensive Permit Decision Appeal No. 1992-68 Town Attorney for approval and shall be recorded at the same time as the covenant described in Condition "13" above is so recorded. Nothing in this paragraph shall be construed as imposing any requirement upon the Applicant or Town to construct said roadway. 18. The Master Deed for the development. shall contain a restriction that two (2) units shall remain in perpetuity as low or moderate income housing units and a provision indicating that the addition of any units to the condominium is subject to the prior approval of such addition by this Board. r-19. Prior to the issuance of any-Certificates of occupancy,-.a T � Regulatory Agreement pursuant to the Local Initiative program 3 c=shall--be executed ,by-EOCD, _the `Town of Barnstable by its Town CManager, and~the. Applicant, and -a copy recorded at the Barnstable-, 'County Registry of Deeds,- together-with the .applicable Deed Rider i 'approved by'.EOCD. 20. The existing Subdivision Plan No. 573 is rescinded upon the recording of this Decision at the Barnstable County Registry of Deeds as hereinafter required. 21. This comprehensive permit is granted to LIFE, Inc., a non-profit organization providing a program for long-term independent living for adults with learning disabilities. This permit shall not be transferred to a person or entity other than LIFE, Inc. without the prior written approval of the Board of Appeals. 22. This Decision shall be filed at the Barnstable County Registry of Deeds within sixty (60) days of the execution and issuance by the Town Clerk of the Town of Barnstable of the below-contained Certification as to no appeals having been taken from this Decision. 23. The proposed "Y" easement and its roadway is to be constructed as per Subdivision Rules and Regulations "Minor B Street Standards. The private cul-de-sac drive shall be built as layed out in the plan with a 6" subsurface of suitable material and a 2.5" bituminous surface and shall be maintained in good safe passable condition at all times by the applicant or his designate. The vote on the granting of the Comprehensive Permit and Conditions was as follows: AYES: Ron Jansson, Gail Nightingale, Elizabeth Nelsson and Chairman Richard Boy NAYS: None Order: Appeal #1992-68 for a Comprehensive Permit in Accordance with MGL Chapter 40 B, Section 20-23, has been granted with conditions. Any person aggrieved by .13. . I� Comprehensive Permit Decision Appeal No. 1992-68 this Decision may appeal to the Barnstable Superior Court as provided in Section 17 of Chapter 40A of the Massachusetts General Laws, by filing a Complaint in said Court as well as filing a Notice of such action with the Barnstable Town Clerk within twenty (20) days of the filing of this Decision with the Barnstable Town Clerks office. Date , 19 J Chairman CERTIFICATION I, ,� y ;�4 �,a ,� oc Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify under the pains and penalties of perjury, that twenty (20) days have elapsed since the Board of Appeals filed its Decision in the above-entitled Application in this office and that no appeal of said Decision has been filed in the office of the Town Clerk, Town of Barnstable. 0 1 4-3 Town Clerk DISTRIBUTION: Town Clerk Property owner Applicant Persons Interested Building Commissioner Public Information 14. Town of Barnstable T e .,MN C=;RK Zoning Board of Appeals BARN /�({A p -,, , , r�, Comprehensive Permit Decision MGL Chapter 40B Section 20-23 '92 n�11 18 0 1 Appeal No. 1992-68 Suffiary: Granted with Conditions Appeal No. 1992-68 Applicant: Living Independently Forever, Inc. , Riverview schools, Inc Address: 551 Route 6A, East Sandwich, MA 02537 Property Location: North of Lincoln Road Extension Assessors Map Parcel: 275/25-1 thru. 25-8 Zoning District: RC-1, Residential C-1 District Overlay District: GP, Groundwater Protection Overlay District Property owner: Riverview Schools, Inc. Construction Activity: Development of 8 multi-family dwelling units and associated site improvements. Procedural Provisions: MGL Chapter 40B, Section 20-23, 760 cMR 30.00, 31.00 & 45.00 APPLICANT: The Applicant is Living Independently Forever, Inc. (LIFE,Inc. ) , a Massachusetts non-profit corporation under chapter 180 of Massachusetts General Laws with an address of 551 Route 6A, East Sandwich, MA 02537 . RELIEF REQUESTED: The Applicant has applied for the issuance of a comprehensive Permit pursuant to M.G.L. , Chapter 40B, sections 20-23, and proposes to build low or moderate income housing under the commonwealth of Massachusetts Executive office of Communities and Development ("EOCD") Local Initiative Program ("LIP") . The proposal is for an eight (8) unit townhouse condominium, seven (7) of. which will be two (2) bedroom housing units and one (1) of which will be an office for the Applicant to be used in support of the proposed housing. The buildings will be created as a condominium: six (6) of the housing units will be for sale, and one ( 1) will be for rental. Two (2) of the housing units will be low or moderate income housing units as defined in M.G.L. , Chapter 40B, section 20 and in 760 CMR 30.02. The low or moderate income units (also referred to as "LIP units") will be broken down as follows: one for sale at $62, 500 and one for rental at a maximum of $600 per month. The other housing units will be for sale as market-rate units, with the anticipated sales prices at $135, 000 to $145, 000 per unit. The occupancy of the housing units will be limited to learning-disabled adults. The Applicants stated purpose is to provide independent living 1 . Comprehensive Permit Decision Appeal No. 1992-68 arrangements for adults with learning disabilities, together with the support services designed to provide necessary assistance, yet foster independent living within the community. The Applicant requested waivers from various sections of the Barnstable Zoning ordinance and from the Planning Board Subdivision Rules and Regulations. LOCUS: The locus is a 3.99-acre parcel of land at the end of Lincoln Road Extension in Hyannis, shown on Barnstable Assessor's Maps as Map No. 272, parcels 25-1 through 25-8. PLANS SUBMITTED: The Applicant has submitted plans depicting and describing the proposed development for which relief is sought as follows: 1. Landscape Plan, LIFE, INC. 2. Sheet S-1, Foundation Plan 3. Sheet Al, Building Elevations 4. Sheets A2 to A8, Floor Plans and Cross Sections 5. Site plan of Land by Eagle Surveying and Engineering, Inc. , dated February 28, 1992, and revised April 6, 1992, revised December 9, 1992. 6. 8 Unit Structure Site Plan, dated November 19, 1992. 7. Alternative Site Plan Riverview School Homes, Concept Plan for Development, dated November 27, 1992. 8. Elevations. dated 11/30/92, drawn by Lloyd Howard Construction. APPLICANT'S EXHIBITS: The Applicant submitted the following documents and items in support of its application: 1. SS-4 Notice of New Employer Identification Number assigned by IRS for Applicant; 2. IRS acknowledgment of receipt of application for tax-exempt status by Applicant; 3. Assessor's Map 272; 4. subdivision Plan for 8 lot subdivision for locus endorsed by Barnstable Planning Board 12-9-85 and re-endorsed on 8-25-86; 5. Quitclaim deed to locus, Barnstable Registry of Deeds Book 7798, Page 088; 6. IRS letter to Riverview school, Inc. , dated January 9, 1987 re: Internal Revenue Code Section 501 (c) (3) status; 7. U.S. Treasury Dept. February 2, 1960 letter to Hopefield School, Inc. , granting Internal Revenue Code section 501 (c) (3) tax- exempt status; 8. EOCD letter from secretary Mary Padula to warren Rutherford, Barnstable Town Manager, approving the application for LIP designation; 9 . LIFE letter from Cre Dorey to Barnstable Zoning Board of Appeals dated October 22, 1992; 2 Comprehensive Permit Decision Appeal No. 1992-68 10. Barnstable Board of Health letter to Dennis Mahoney, Riverview School, dated November 14, 1991; 11. Cape cod community Housing Trust letter to Barnstable Town Manager Warren J. Rutherford dated March 24, 1992; 12. LIP Application signed by Barnstable Town Manager, Warren J. Rutherford, on June 15, 1992 and Joseph C. Polcaro, Local Housing Partnership chairman, on June 12, 1992; 13. Proposed Living Independently Forever condominium documents; 14. Letter dated December 2, 1992 from Riverview School, Inc. , to the Applicant; and, 15. Abutter's List. FILING AND NOTICE: The Application was duly filed and notice was given as required by law. Notice included the timely notification of boards and commissions of the Town of Barnstable, as applicable, and the publication (twice) in the Barnstable Patriot, a weekly publication having circulation in the Town of Barnstable. A public hearing was opened by the Board of Appeals on the evening of November 19, 1992, and continued to December 3, 1992 and December 10, 1992. At which time the zoning Board of Appeals rendered its decision. The application was heard by the Board Members; Ron Jansson, Gail Nightingale, Eugene Burman, Elizabeth Nelsson and Chairman, Richard Boy. HEARING PROCEDURE: After proper notice, the hearing was opened on November 19, 1992. After lengthy testimony and submission of: (1) November 12, 1992 letter to the Board from the Cape Cod Commission; (2) November 13, 1992 Town of Barnstable Planning Department Staff Report to the zoning Board of Appeals; and (3) November 17, 1992 memo from Town of Barnstable Planning Board to this Board (all as described in the minutes prepared by the Board) , the hearing was continued for additional evidence until the evening of December 3, 1992; and, (4) December 7, 1992 memo from the Planning Board to this Board expressing tie boards desire to have the way constructed. on December 3, 1992, the hearing was reconvened. Further testimony was given and further correspondence from various town boards and departments were submitted (all as described in the minutes prepared by the Board) . The matter was then continued until the evening of December 10, 1992 to provide the Applicant with an opportunity to present the Board of Appeals with a revised site plan and elevations for the project incorporating proposed revisions that the Applicant had discussed with the Board of Appeals at the December 3, 1992 hearing. FINDINGS AND DECISIONS: Standing At the conclusion of the December 10, 1992 hearing, after discussion, and based on the evidence submitted, the Board by a motion duly made and seconded, found that: 3 Comprehensive Permit Decision Appeal No. 1992-68 1. The Applicant is a non-profit organization; 2. Conditioned upon the final approval by EOCD of the proposed project as a LIP project, the project meets the requirements of 760 CMR 31.01 (1) (b) that the project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program; 3. The Riverview school owns the land and has agreed to convey it to the Applicant, Living Independently Forever Inc. (LIFE) for nominal consideration, and therefore, the Applicant controls the land; and, Therefore, the Applicant does have standing to apply for a comprehensive Permit under M.G.L., Chapter 40B, Sections 20-23 and 760 CMR 31.01. The vote was as follows: AYES: Ron Jansson, Gail Nightingale, Elizabeth Nelsson and Chairman, Richard Boy NAYS: None Findings of Fact At the conclusion of the December 10, 1992 hearing, after discussion, based on the evidence submitted, and the finding that the Applicant has standing to apply for a Comprehensive Permit under M.G.L., Chapter 40B, Sections 20-23 and 760 CMR 31.01, the Board, by a motion duly made and seconded, voted on the following findings: 1. The Applicant is a non-profit organization which provides a program designed for long-term independent living for adults with learning disabilities. 2. Conditioned upon the final approval by EOCD of the proposed project as a LIP project, and the definition of "subsidy" as contained in 760 CMR 530.02 (which specifically includes "assistance through the Local Initiative Program, 760 CMR 545.00" as a subsidy) , the project meets the requirements of 760 CMR 531.01(1) (b) (that the project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program) . 3. The Riverview School owns the land and has agreed to convey it to the Applicant, Living Independently Forever, Inc. (LIFE) , for nominal consideration, and therefore, the Applicant controls the land. 4. The Applicant has standing to apply for a Comprehensive Permit under M.G.L. , Chapter 40B, Sections 20-23 and 760 CMR 31.01. However, the project will only meet the requirements of "low or moderate" housing under M.G.L. c. 40B upon final approval by EOCD 4 Comprehensive Permit Decision Appeal No. 1992-68 of the project as a LIP project and upon execution of a regulatory agreement. 5. The Town of Barnstable does not meet the minimum thresholds for low and moderate income housing contained in M.G.L., Chapter 40B, Sections 20-23. 6. The locus is a 3.99-acre site at the end of Lincoln Road Extension in Hyannis, Massachusetts that is presently undeveloped. 7. The locus is in a RC-1 zoning district. 8. The locus is in a zone of contribution for a public water supply. 9. An eight-lot subdivision for the locus (Subdivision No. 573) was endorsed by the Planning Board on December 9, 1985, and re- endorsed by the Planning Board on August 25, 1986. That plan extended the street layout of Lincoln Road Extension as a private road to join Castlewood Circle, and also created Aurora Lane, as a private road, to link Kilkore Drive with Lincoln Road Extension. Kilkore Drive is part of the presently uncompleted abutting subdivision known as Cobblestone Landing. 10. The surrounding neighborhood is comprised of single-family detached dwelling on approximately one-half acre lots. These are generally smaller than the one acre lot size currently required for this zoning district. 11. The proposed units in the condominium will range from approximately 1,056 square feet to approximately 1,280 square feet. The units will be of wood frame townhouse type construction. The units shall be attractively landscaped pursuant to the landscape plan presented, with night lighting and designed in a Cape Cod-style construction with clapboard fronts cons p , shutters and accented doorways. The seven condominium housing units will each have two (2) bedrooms, 1-1/2 baths, and full kitchen facilities. 12. The amount of impervious lot coverage shall be approximately 10% to 11% of the locus, and approximately 50% of the natural vegetation of the locus shall be undisturbed. 13. The density of the development shall be two (2) units per acre, which is the density of the previously-approved subdivision and which is equal to previous zoning in the area. 14 . Because the site is in a groundwater protection overlay district, the Cape Cod Commission, the Planning Board, and the Board of Health have recommended that the site be connected to the Town sewer. This recommendation is consistent with the application for a comprehensive permit wherein the Applicants application proposed that the site will be hooked up to the Town of Barnstable's wastewater Treatment Facility at the applicant's expense. The Board, therefore, finds that the site shall be 5 Comprehensive Permit Decision Appeal No. 1992-68 connected to the Town sewer and public water supply, all at the applicants expense. 15. The Town of Barnstable has no current plans or appropriations to extend the Towns sewer system to the site. As part of its application and its presentation before the Board of Appeals, the Applicant has offered to assume full financial responsibility for all the costs attendant to extending the Towns existing sewer system to the site and connecting its eight units to the sewer system. Said costs shall include, but not be limited to, the costs of engineering, designing, and constructing (including construction inspection) the sewer system extension, including all appurtenances and connections, the cost of any easements needed to construct and maintain the extended sewer system, and any road repairs necessitated by said sewer construction. The applicants shall also be responsible for paying for sewer connection permits and user fee charges for each unit. 16. The structures shall be hooked up to public water. 17. Utilities, through the Commonwealth Electric Company and Colonial Gas Co. , are available at the locus and shall be constructed underground. 18. The proposal has received the support of the Cape Cod commission, the Cape Community Housing Trust (which is the Town of Barnstable Local Housing Partnership Committee) , and the Town of Barnstable, acting through its Town Manager. 19. The proposal has received conditional approval as a Local Initiative Program project, pursuant to 760 CMR 45.00, from the Commonwealth of Massachusetts Executive ,Office of Communities and Development, subject to the conditions outlined in the letter dated October 9, 1992 from the Secretary of EOCD, to the Town of Barnstable Town Manager, which letter is attached hereto and incorporated by reference herein. 20. The purpose of the proposed development is to provide independent living opportunities for learning disabled adults in a community environment, with certain limited support services to be provided through the on-site office in the condominium. The provision of this type of housing with support services offers a unique opportunity for the target population to live and work independently within the community. 21. The unit mix for the condominium will be as follows: one ( 1) affordable housing LIP unit (either Unit #3 or #4) for rental at a maximum of $350 per month for a single tenant, or $600 per month for more than one tenant, which unit shall be available for rental, in perpetuity, to an eligible low or moderate income individual. 6 Comprehensive Permit Decision Appeal No. 1992-68 one (1) affordable housing LIP unit (either Unit #3 or #4) to be sold for a sales price not to exceed of $62,500, which unit shall be subject, in perpetuity, to a deed rider, requiring that the unit be owned and occupied by an eligible person(s) of low or moderate income. Five (5) market units for sales anticipated at $135,000 to $145,000. one (1) office unit to be used for the supervision of the program by the Applicant. The office unit shall be used for no other purpose than that specified herein. occupancy of the above seven (7) residential units will be limited to learning disabled adults. 22. of the total of seven (7) housing units (the 7 .condominium residences for learning disabled adults) , two (2) are LIP units as identified above, in conformity with the LIP Regulations, 760 CMR 545.00. 23. The final site plan, "Site Plan of Land in Hyannis, Mass. , prepared for: Riverview school Inc, Scale 1"=301 , February 28, 1992, revised April 6, 1992, revised December 9, 1992. Eagle Surveying & Engineering, Inc. with a "Y" turnaround at the southern portion of the locus and a 40 foot radius cul de sac serving the individuals units at the end of the existing Lincoln Road Extension, adequately addresses the concerns of Site Plan Review, providing adequate and safe traffic and pedestrian circulation, and adequate and safe ingress and egress for fire trucks and other emergency vehicles. The ,Y" turnaround portion of the roadway shall be constructed to Subdivision Rules & Regulations "Minor B" street standards. The private drive portion consisting of the cul de sac shall be developed with a minimum of a 6" sub-course and 2.5" bituminous surface. Both shall be layed out as shown in the revised site plan dated December 9, 1992 (Plan item #5) . The applicant or its designate in the property shall maintain the roadways and drives in good passable and safe condition at all times. 24. The Board of Appeals has carefully reviewed the Planning Board's recommendation that the Applicant be required to construct a roadway between Kilkore Drive and Castlewood Circle. While this roadway does not provide any special benefit to the proposed eight-unit development, it would provide a means of access between two previously-approved subdivisions. In light of the relatively small size of the proposed development, the cost that the Applicant would have to incur to complete the roadway and particularly in view of the fact that this roadway is not needed to service the proposed development, the Board of Appeals determines it unreasonable to require the Applicant to construct the roadway. Proposals suggested to help the Applicant defray the cost of road construction appear to detract from the continuity of the proposed development and further raise serious questions as to 7 comprehensive Permit Decision Appe al No 1992-68 whether such proposals could even be considered by the Board under the Comprehensive Permit Application that had been submitted to the- Board of Appeals. After reviewing all the evidence, the Board of Appeals finds that the recommendations of the Planning Board can be adequately addressed through the granting of an easement by the Applicant to the Town of Barnstable between Kilkore Drive and Castlewood Circle. 25. Because of the threatened loss of affordable housing units within the Town of Barnstable and throughout the region (Barnstable County) due to "expiring uses' and in view of the Towns current deficit in affordable housing units, it is consistent with local needs for the Town of Barnstable to ensure the long-term affordability of eligible units. With regard to local needs, the Board of Appeals would have preferred the dedication by the Applicant of more than two units for the housing for persons of low or moderate incomes. However, as long as two housing units of the seven housing units proposed remain available in perpetuity as housing for persons of low or moderate income, as such term is defined by the LIP program or in the event of the elimination of the LIP program, of any other state or federal program that defines said terms, the project is deemed to be consistent with local needs and to adequately promote the objectives of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants of the proposed project and the residents of the Town of Barnstable. The vote on the findings was as follow: AYES: Ron Jansson, Gail Nightingale, Elizabeth Nelsson and Chairman Richard Boy NAYS: None Decision on Waivers At the December 10, 1992, hearing on this application, a duly made motion was made and seconded that based upon the finding, the zoning Board of Appeals grants the following: Waivers from the following sections of the Town of Barnstable zoning ordinance: a. Section 3-1.4 (1A) - principal permitted use in the RC-1 district. b. Section 3-1.4 (5) - Bulk Regulations as to minimum lot area and minimum lot frontage are waived; Applicant is to comply with minimum yard setbacks and. maximum building height. C. Section 4 - 7 - Site Plan Review provisions (including all sub- sections; i.e. , 4-7 . 1 through 4-7 .8) . 8 Comprehensive Permit Decision Appeal No. 1992-68 d. Section 4-2.7 - schedule of off-Street Parking Requirements. Waivers from all the Town of Barnstable Planning Board Subdivision Rules and Regulations, except those sections itemized as follows: 3-6.2 Contents of Plan 3-6.3 Road Plans, Profiles and Cross Sections 3-6.13.1 As-Built Plans 4-11.13 Location of Wires (below groupd) 5-4 Erosion Control Measures 5-5 Drainage Systems 5-6 Utilities 5-7 Fill 5-9 Roadway Surface 5-11.3 Cape Cod Berms 5-12 Grass Plots 5-16 Monuments (sufficient to locate the ways and lot corners) 5-18 Clearing 5-19 Maintenance The intent of Waiving subdivision Rules and Regulations standards is so that the Applicant need not apply to the Planning Board for approval of the project as a Subdivision Plan; the "Y" at Lincoln Road Extension shown as a Proposed Easement on said plan, shall be designed and constructed according to the Subdivision Rules and Regulations Design standards and Construction i g g Specifications for "Minor B" Streets. If there is any conflict between such Standards and Specifications and the layout of said road as shown on the Site Plan, the Site Plans layout shall control. Within the proposed "Y" easement the Applicant shall not be required to install underground fire alarm, or to install street lighting, or to install sidewalks, or to install sanitary sewers in said road. The cul-de-sac shall be considered a private drive and shall be constructed ,is layed out in the Site Plan with a minimum of 6" suitable sub-course and 2.5" bituminous surface. The applicant or his designate shall be required to maintain the ways in safe passable condition at all times. The vote on the wavers was as follows: AYES: Ron Jansson, Gail Nightingale, Elizabeth Nelsson and Chairman Richard Boy NAYS: None Decision and conditions The Board, based on the above findings and the waivers granted, by motion duly made and seconded, voted to grant the Application for a Comprehensive Permit subject to the following terms and conditions: 9 Comprehensive Permit Decision Appeal No. 1992-68 1. This comprehensive permit is specifically conditioned upon final approval by EOCD of the project as a LIP project and upon execution of a regulatory agreement under the LIP program. 2. The approved site plan hereinafter the Site Plan is the one PP P ( ) entitled "Site Plan of Land in Hyannis, Mass., prepared for: Riverview School Inc, Scale 1"=301, February 28, 1992, revised April 6, 1992, revised December 9, 1992. Eagle Surveying & Engineering, Inc. , which shows Parcels A and B with a Proposed Right of way between the two (2) to be considered one (1) lot, with a cul-de-sac, and "Y" turn area shown as a Proposed Easement, and two (2) separate buildings located around the cul-de-sac, each with four (4) attached units; the cul-de-sac shall be paved a minimum of twenty (20) feet in width, or 18 feet if approved by the Hyannis Fire Department. A copy of that approved reduction in width shall be submitted to the Boards Office. 3. There shall be built, for the learning disabled, pursuant to the above-referenced plans, a total of seven (7) residential units and one (1) office unit, to be broken down as follows: a. There shall be one (1) Local Initiative Program (LIP) rental unit to be rented in the initial year of occupancy for no more than $600 per month for two or more individuals, and not more than $350 per month for a single individual. In subsequent years, the maximum rental shall not exceed that allowed by the Executive Office of Communities and Development for LIP units or for another comparable program should the LIP program no longer be in existence. This rental unit shall be available for rental, in perpetuity, to an eligible low or moderate income individual or family. In the event that the LIP program is no longer in existence, the definition of an "eligible low or moderate income" person shall be provided by any state or federal housing program that defines this term. b. There shall be one (1) LIP unit (either Unit #3 or #4) for sale at a maximum price of $62,500, which unit shall be subject, in perpetuity, to a deed rider, requiring that the unit be owned and occupied by an eligible person(s) of low or moderate income, or owned by the Town of Barnstable or EOCD pursuant to the terms of the Regulatory Agreement. In the event that the LIP program is no longer in existence, the definition of an "eligible low or moderate income" person shall be provided by any state or federal housing program that defines this term. C. There shall be 5 market units for sale. d. one ( 1) unit shall be used as an office by the Applicant for supervision of the housing development and supportive services to the residents of said development. It shall not be used as a residence. work employees and/or volunteers in that office shall not exceed six (6) persons at any one time. 10 Comprehensive Permit Decision Appeal No. 1992-68 e. The term LIP as used herein shall comply with the LIP Regulations, 760 CMR §45.00. The two (2) affordable units shall remain in perpetuity as affordable housing units. f. Upon termination of the condominium, the use of the office unit as an office shall cease and shall only revert to residential. 4. The interior and exterior of the units are to be,built as represented in the plans presented and titled: Elevation, and dated 11/30/92. 5. The units in the condominium will range from approximately 1,056 square feet to approximately 1,280 square feet. The units will be of wood frame attached townhouse type construction. said units shall be attractively landscaped with night lighting and designed in a Cape Cod-style. Construction with clapboard fronts, window shutters, two (2) false chimneys per building and accented portico doorways. The seven (7) condominium housing units will each have two (2) bedrooms, 1-1/2 baths, and full kitchen facilities. 6. The eight (8) units shall be gas heated, have full basements, low flow toilets and showers, and thermal windows and doors. The attics and basements of each unit shall not be developed as a habitable area. 7. The amount of impervious lot coverage shall not exceed that presented in the site Plan, and natural vegetation shall be retained to the extent possible. 8. All eight (8) units shall be connected to the Towns Wastewater Treatment Facility. The Applicant shall assume full financial responsibility for all the costs attendant to extending the Townes existing sewer system to the site and connecting its eight units to the newly extended sewer system. said costs shall include, but not be limited to, the costs of engineering, designing, and constructing (including construction inspection) the sewer system extension, including all appurtenances and connections, the cost of any easements needed to construct and maintain the extended sewer system, and any road repairs necessitated by said sewer construction. The applicants shall also be responsible for paying for sewer connection permits and user fee charges for each unit. Prior to the issuance of the Certificates of occupancy for any structures, detailed engineering plans for the design and construction of the sewer line and connections, both on and off- site, into the Town of Barnstable Wastewater Treatment Facility, shall be submitted to the Engineering Division within the Department of Public works (DPW) . No Certificates of occupancy shall be issued until these plans have been submitted and approved by the DPW and the sewer construction and connections (to the units for which such Certificate of occupancy is requested) are completed and all units are connected to said sewer. 9. There shall be twelve ( 10) on-site parking spaces on the locus. 11 ' comprehensive Permit Decision Appeal No. 1992-68 10. The eight (8) units shall be hooked up to public water. 11. All utilities shall be constructed underground. 12. A plan suitable for recording at the Barnstable County Registry of Deeds incorporating the details of the Site Plan, stamped and signed by a Registered Land surveyor, and referring to the covenant hereinafter described, shall be submitted to this Board for endorsement, and said plan shall be recorded within sixty (60) days of said endorsement. 13. A covenant shall be executed by the Applicant and recorded at the Barnstable County Registry of Deeds at the same time as the plan described in Condition 1112" above is so recorded, which covenant contains the standard Form F provisions, except modified as follows: (1) The construction of ways and installation of municipal services shall be in accordance with this Comprehensive Permit; (2) The structures on the locus may be built, but not conveyed or occupied and no Certificates of Occupancy issued, until the cul-desac and "Y" turnaround at the end of Lincoln Road Extension are built, and until the completion of the sewer installation and connections (to such units for which Certificates of occupancy are requested) . Said covenant shall be submitted to the Town Attorney for approval prior to recording. 14. The Planning Board shall forthwith, upon the completion of the construction of the cul-de-sac and "Y" turnaround as shown on "The site Plan" in accordance with this Comprehensive Permit, upon the construction of and connection of the eight (8) units to the sanitary sewer in accordance with this Comprehensive Permit, and upon the request of the Applicant, release the lot from the covenant required by Condition "13" above. Any disagreement between the Planning Board and the Applicant as to the release a-: the lot from the aforesaid covenant shall be resolved by this Board, upon the written request of the Applicant. 15. The Applicant shall grant an easement to the Town of Barnstable over the "Y" turnaround at the end of Lincoln Road Extension. said easement shall be submitted to the Town Attorney for approval and shall be recorded at the same time as the covenant described in Condition "13" above is so recorded. 16. The Applicant shall have record title to the 3.99-acre parcel that is the subject of this comprehensive permit at the time it records said comprehensive permit, which recordation is required under Condition "12" herein. Parcel "A" as shown on the site plan shall not be a separate buildable lot. 17 . The Applicant shall grant an easement to the Town of Barnstable permitting either the Town of Barnstable or a private entity which the Town designates to construct a roadway connecting Kilkore Drive and Castlewood Circle, as shown on "The Site Plan" as a Proposed Right of way. Said easement shall be submitted to the 12 o Comprehensive Permit Decision Appeal No. 1992-68 Town Attorney for approval and shall be recorded at the same time as the covenant described in Condition 1113" above is so recorded. Nothing in this paragraph shall be construed as imposing any requirement upon the Applicant or Town to construct said roadway. 18. The Master Deed for the development shall contain a restriction that two (2) units shall remain in perpetuity as low or moderate income housing units and a provision indicating that the addition of any units to the condominium is subject to the prior approval of such addition by this Board. 19. Prior to the issuance of any Certificates of Occupancy, a Regulatory Agreement pursuant to the Local Initiative program shall be executed by EOCD, the Town of Barnstable by its Town Manager, and the Applicant, and a copy recorded at the Barnstable County Registry of Deeds, together with the applicable Deed Rider approved by EOCD. 20. The existing Subdivision Plan No. 573 is rescinded upon the recording of this Decision at the Barnstable County Registry of Deeds as hereinafter required. 21. This comprehensive permit is granted to LIFE, Inc. , a non-profit organization providing a program for long-term independent living for adults with learning disabilities. This permit shall not be transferred to a person or entity other than LIFE, Inc. without the prior written approval of the Board of Appeals. 22. This Decision shall be filed at the Barnstable County Registry of Deeds within sixty (60) days of the execution and issuance by the Town Clerk of the Town of Barnstable of the below-contained Certification as to no appeals having been taken from this Decision. 23. The proposed "Y" easement and its roadway is to be constructed as per Subdivision Rules and Regulations "Minor B Street Standards. The private cul-de-sac drive shall be built as layed out in the plan with a 6" subsurface of suitable material and a 2.5" bituminous surface and shall be maintained in good safe passable condition at all times by the applicant or his designate. The vote on the granting of the Comprehensive Permit and Conditions was as follows: AYES: Ron Jansson, Gail Nightingale, Elizabeth Nelsson and Chairman Richard Boy NAYS: None Order: Appeal #1992-68 for a comprehensive Permit in Accordance with MGL Chapter .40 B, Section 20-23, has been granted with conditions. Any person aggrieved by 13 v Comprehensive Permit Decision Appeal No. 1992-68 this Decision may appeal to the Barnstable Superior Court as provided in section 17 of chapter 40A of the Massachusetts General Laws, by filing a Complaint in said Court as well as filing a Notice of such action with the Barnstable Town clerk within twenty (20) days of the filing of this Decision with the Barnstable Town Clerks office. Date 19_ irman Cha CERTIFICATION I, i J J 4 �ia i+v c,J , Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify under the pains and penalties of perjury, that twenty (20) days have elapsed since the Board of Appeals filed its Decision in the above-entitled Application in this office and that no appeal of said Decision has been filed in the office of the Town Clerk, Town of Barnstable. Town Clerk DISTRIBUTION: Town Clerk Property Owner Applicant Persons Interested Building commissioner Public Information 14 ,