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HomeMy WebLinkAbout0000 SCHOONER VILLAGE �� 1 •a u �0C) � s Aj I Jacques PIAHD & Chapter 40B- Building Permits Commitments- Updated as of December 2/, 2007 Market `,2006 2007 2008 2009 Affordable Permits Market' Market' Market Market Permits Permits- - Rermits ' Permits Permits reserve-=- reserver reserve reserve Schooner Village 23 -8 :.=-- 8-.- 7 For every 5 permits issued to the PIAHD development 1 must be an affordable permit 8 Settlers Landing II 23 4 - -8-, 8 3 For every 5 permits issued to the PIAHD development 1 must be an affordable permit 4 Settlers Landing I 15 3 6 6 For every 4 permits issued to the Ch 40B development 1 must be an affordable permit 5 Totals Market Rate 61 -15 -22 '_. ` 21 3 --reserve- <reserve reserve reserve AfforduhlePermirs I? 2I 006 8 Market Rate fermrts and 2 Affordable Permits were Tssued for Schooner Village PIAHD fNo other permits were issued under the.phasing program therefore the unused 7 Market Rate Permits were added to the 96 allotted permit for 2007,for a 4 a007 total Market Rate Permits of 103 < anuary:l;2007.-Trom"the Total 103-Market Rate Term its, 22 permits are placed,in reserve for the phasing program allow 81 Market Rate Permits forahe: - calendaryear. Mazket Perinits to be issued to-each are limited.to,8 for Schooner, 8 for SettlersIl,and 6 for Settlers L As of December 21,2007;8 Market Rate Permits and 3 Affordable Permits were taken for Schooner V illage:`_No permit applications`were made for- Settlers I and II._The 14 unused Market Rate Permits(Settlers I&It)are added to the 96 allotted permits for 2008. ThefBuilding Cap Number for Market Rate Perinits fori2008 is`.therefore-110. - _ 1 On January 01,2008: From the 110 market rate permits place 21 Market Rate Permits in reserve for Jacques three developments. Market Permits to be issued to each are limited to 7 for Schooner, 8 for Settlers 11,and 6 for Settlers I. On January 01, 2009: 1. Any of the 21 Market Rate Permits not used in 2008 are added to the annual 96 Market Rate Permits for 2009. 2. 3 Market Rate Permits are placed in reserve for Jacques all are for Settlers II. On January 01 2010,any of the 3 market rate permits not used in 2009 are added to the annual 96 Market Rate Permits for 2010 C:\ca WTemporaq Intemet Files\OLKIMVacques PIAHD Building Permits.doc BARNSTABLE TOWN CLA. RK '06 . MAR 27 .P 4 :2 8 Town of Barnstable t+r*Ma•vk:e+lr.+rr'l.swan•-iaw».*+. .-.,,•+•nr..v-:y.�`.q•^...+c9*c�•,• -..e-+..G•.nvn.++..`:newYwawksMa'+ra...Planning eMwnw•n�ew�e++ .w- -+L..w.M'arMM'HT*SANF!!}-M•Mkt.w•+X+ Y.,—.rbMwM'bsWb1`5•••r.aWen•iwn.Wa..,-•—R•.+c+• Planning Board Decision and Notice 'G I n Z Me, r! y . Schooner Village(Subdivision 813) Special Permit Section 240-17.17 Private-Initiated Affordable Housing Development(PIAHD) Summary Granted With Conditions Applicant: Schooner Village Realty Trust,Jacques Morin,Trustee Property Address: Pitchers Way and 24 Buckwood Drive,Hyannis,MA Assessor's Map/Parcel: Map 273 Parcel 204&Map 272 Parcel 056=006 Zoning: Residence C-1 &Groundwater Protection Overlay Districts Development Permitted: Creation and development of a 29 lot single-family subdivision pursuant to Section 240-17.1 -Private- Initiated Affordable Housing Development(PIAHD)on 8.58 acres. Access to the subdivision is from Pitcher's Way and from Buckwood Drive. All lots front and access on the proposed roadway Schooner Lane. Six(6)of the proposed dwellings are to be dedicated in perpetuity as affordable units,sold to qualified households earning less than 80%of the area median income and three(3)shall be priced not to exceed 76%of the area median income and three(3)shall be priced not to exceed 70%or the area median income which shall then conform with standards of Massachusetts Department of Housing and Community Development. APPLICANT: The applicant is Jacques N. Morin, Trustee of Schooner Village Realty Trust. The address of the Trust is 1597 Falmouth Road(Route 28) Suite 4, Centerville,MA 02632. The Trust was created by a Declaration of Trust signed by the applicant and dated September 14, 2005. RELIEF REQUESTED: The applicant applied for issuance of a special permit pursuant to Section 240-17A - Private-Initiated. Affordable Affordable Housing Development(PIAHD) of the Code of the Town of Barnstable. Section 240-14 D(2) of the Code specifically authorizes the Planning Board to issue a PIAHD special permit in the Residential C-1 Zoning District. In.submitting that application for the Private-Initiated Affordable Housing Development special permit,the applicant has cited additional waivers requested from the Subdivision Rules and Regulations, specifically: • Section 801, Design Standards, to reduce the right-of-way from the required 50-feet to 40-feet wide, and to reduce the roadway centerline radius near the intersections from the required 150 feet to 70-feet; • Section 801-27C(4)to allow deep sump hooded catch basins in lieu of grass-lined swales; � - • Section 801-27 C(9)-to allow for additional leaching pits in lieu of excavated storm water storage areas for the 100 year storm event; • Section 801-30 &47 to eliminate Cape Cod berms on the roadways; • Section 801-63 to waive fees for the affordable lots and to reduce fees for all other lots; and • Waiver of securities including bond, cash, and covenants r Y TONS of Barnstable—Planning Board ScA�onr Village-PIAHD Special Permit Decision and Notice And, as provided for in Section 240-17.1 —PIAHD,the applicant also sought waivers from; • Section 240-110 to 122 Growth Management; and • Section 240-17.1 Special permit fees The application cited an additional request for waiver from Section 9-1 through 9-16 of the Code of the Town of Barnstable. That section is the Inclusionary Affordable Housing provisions of the General Ordinances of the Town. The Planning Board is not authorized to waive any of those Inclusionary Affordable Housing provisions. LOCUS: The development is located on two parcels totaling 373,770 sq. ft. or 8.58 acres..The larger lot is shown as an 8.35-acre lot on a plan entitled"Plan of Land in Barnstable,Hyannis,Mass. for Elise M. Otis," recorded in the Barnstable County Registry of Deeds in Plan Book 306,Page 91. The smaller lot of 0.227 acres is shown as Lot 6 on a plan entitled"Plan of Land in Hyannis,Barnstable,Massachusetts for Ernest Marino,"recorded in the Barnstable County Registry of Deeds in Plan Book 379,Page 66. The lots are shown on Assessor's Map 273 as parcel 204, and on Assessor's Map 272 as parcel 056- 006. Title to the land was transferred to Jacques N. Morin as recorded on March 9, 2004 in the Barnstable Registry of Deeds in Book 18300,page 82 (copy of the recorded deed is attached). The locus is zoned Residential C-1. DOCUMENTS AND OTHER-INFORMATION SUBMITTED: The following information has been submitted to the file: 1. A copy of an application package of materials entitled"Schooner Village Application—Subdivision Approval & Special Permit"; submitted by the applicant as an alternative development plan, date- stamped October 13, 2005 at the Town of Barnstable Town Clerk's Office and including the following numbered items: .• No. 1 -Project Narrative Statement entitled"Schooner Village"; • No. 2—Form C—Subdivision Rules &Regulations—Application for Approval of a Definitive Plan; • No. 3—PI-AHD Special Permit Application; • No. 4—List of Requested Waivers-An August 18,'2005 letter to the Planning Board from Daniel A Ojala,PLS,EIT,Down Cape Engineering, Inc., listing waiver request Schooner Lane; • No. 4 - Copy of the October 17,2005 Order of Remand issued to Settlers Landing Realty Trust. The remand issued cites that it is based upon the Stipulation of Settlement and Stay dated November 18,2005—also commonly referred to as the"Agreement"; ` • No.5 -Copy of Private Initiated Affordable Housing Development(PIADH) as approved by Town Council November 18, 2004; 2 Town of ,t S h�on�Vaillage 1 PUI D Special Permit Decision and Notice • No. 6—Definitive Subdivision—a Reduced copy of a the proposed subdivision plan entitled "Schooner Village; (Subdivision#813)Definitive Plan Subdivision of Land in Barnstable (Hyannis),MA prepared for Schooner Village Realty Trust", dated August 18, 2005, as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; • No. 7—Site Development Plan—Typical Home Landscaping Plan-An overall plan showing the proposed division of the entire site into.a total of 29 lots and proposed location of the dwellings. An illustrated site plan is included as well as a plan entitled"Typical Home Landscape Plan" illustrating typical landscaping to be installed on each developed lot; • No. 8 -Architectural plans consisting of eight(8) sheets showing the proposed front elevations and floor plans of the dwellings to be built on the property. The Plans are identified as follows: • Lexington I, a two-story,1625 sq.ft.,three-bedroom, single4arnily dwelling • Lexington II, a 1.5-story, 1966 sq.ft.,three-bedroom, single-family dwelling • Nantucket I, a two-story, 1,665 sq.ft.,three-bedroom, single-family dwelling • Nantucket II, a two-story, 1,606 sq.ft. three-bedroom, single-family dwelling • Vineyard(aka Chelmsford), a one-story, 1;248 sq.ft., three-bedroom, single-family dwelling • Cranbrook, a one=story, 1,500 sq.ft. three-bedroom, single-family dwelling • Concord I a two-story, 1777 sq.ft. three-bedroom, single-family dwelling, and e Concord II a two-story, 1980 sq.ft.three-bedroom, single-family dwelling • No. 9 -Copy of Schooner Village, Specification for the Market Homes and Specifications for Affordable Homes; • No. 10 -Home Distribution Plan—a table identifying the type of home to be developed on - = which lot in the subdivision, and those to be committed as affordable; • No. 11 —Proposed Phasing Plan; • No. 12.=Copy of the proposed"Declaration of Protective Covenants for"Schooner Village"; • No. 13 -Copy of Declaration of Trust Establishing Schooner Village Realty Trust; • No.-14—Environmental Analysis Form; and • No. 15—Proposed Regulatory Agreement&Deed Rider for Ownership Project. 2. A copy of a seven(7)sheet set of plans entitled"Schooner Village, (Subdivision# 813) Definitive Plan Subdivision of Land in Barnstable (Hyannis),MA prepared for Schooner Village Realty Trust", dated August 18,2005, as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; 3. A copy of an October 28, 2005, Staff Report- General Background with Respect to PIAHD, inclusive of attachments; 4. A copy of an October 28, 2005, Staff Report, Subdivision# 813—Schooner Village; 5. A November 18, 2005 Draft Comments as submitted by Stephen Seymour P.E., Growth Management Department on Schooner Village Subdivision#813; 3 r y Towp of Barnstable—Planning Board ` Schobnik Village-PIAHD Special Permit Decision and Notice 6. A November 14,2005 letter from Laura Shufelt, Chairman Barnstable Housing Committee to Planning Board Chairman David Munsell,providing a preliminary review and including an attachment calculating that the sales price of the affordable units should be $142,644 based upon being priced to be affordable at 70%income level of the Barnstable/Yarmouth MSA; 7. A November 23, 2005 Memorandum to the Panning Board from Stephan Seymour P.E., Growth Management Department providing definitive Plan Comments; 8. A letter dated November 15, 2005 from Hans Keijser, Interim Supervisor,Water Supply Division, Town of Barnstable Department of Public Works providing basic standards for water supply; 9. A copy of a January 06, 2006 letter to Daniel A. Ojala Down Cape Engineering from Robert Burgmann,Town Engineer with regard to the sewer easement; PROCEDURAL SUMMARY: This application was filed at the Town Clerk's Office and at the Office of the Planning Board on October 13, 2005. A public hearing before the Planning Board was duly advertised in the Cape Cod Times on October 31, 2005 and again on November 7, 2005 and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened November 14, 2005 and continued to November 28, 2005; December 12, 2005; January 6, 2006; January 23, 2006; February 6,2006; February 27,2006; and to March 13, 2006 at which time the Planning Board found to grant the Special Permit subject to conditions. Board Members hearing and deciding this appeal were: Chairman David Munsell; Vice-Chairman Felicia Penn;A. Roy Fogelgren, Clerk, Raymond Lang,Marlene Weir, Steve Shuman and Patrick Princi. Attorney Michael D. Ford represented the applicant through-out the public hearing process. Trustee Jacques N. Morin was present as was the project engineer,Daniel Ojala of Down Cape - Engineering, Inc.,Yarmouthport,MA. FINDINGS OF FACT: At the March 13, 2006 conclusion of the public hearing, the Planning Board voted to find the following findings of fact with regard to the Schooner Village PIAHD special permit request: 1. On November 18, 2004,Barnstable Town Council amended Section 240-14 of the Zoning Ordinance providing for a Private Initiated Affordable Housing Development(PIAHD)pursuant - _ to Section 240-17.1 and subject to a Special Permit from the Planning Board; 2. On October 13, 2005, Jacques N.Morin, as Trustee of Schooner Village Realty Trust submitted an application to the Planning Board.Office for a PIAHD Special Permit for the proposed development"Schooner Village". The application proposes the development of 29 single- family dwellings on a 29 lot subdivision located on 8.58 acres to be accessed from Pitcher's 4 Town of Barnstable—Planning Board Scho'on@r Village-PIAHD Special Permit Decision and Notice Way and from Buckwood Drive. Six (6)of the dwellings are to be dedicated in perpetuity to affordable units, sold to qualified households earning less than 80%of the area median income; 3. A definitive Subdivision Plan#813 was also submitted with the application. That definitive plan was submitted without the benefit of a preliminary subdivision plan presentation and review; 4. The locus is composed of two parcels totaling 8.58 acres. The lots are shown on Assessor's Map 273 as parcel 204, and on Assessor's Map 272 as parcel 056-006. The larger 8.35-acre lot is shown on a plan entitled"Plan of Land in Barnstable,Hyannis,Mass. for Elise M. Otis," recorded in the Barnstable County Registry of Deeds in Plan Book 306,Page 91. The smaller 0.227-acre lot is shown as Lot 6 on a plan entitled"Plan of Land in Hyannis, Barnstable, Massachusetts for Ernest Marino,"recorded in the Barnstable County Registry of Deeds in Plan Book 379,Page 66. Title to the land was transferred to Jacques N. Morin as recorded on March 9, 2004 in the Barnstable Registry of Deeds in Book 18300,page 82; 5. Section 240-17.1 D of the PIAHD cites standards that must be met in order to be eligible for consideration for the special permit. The locus is entirely zoned Residential C-1 and contains the minimum seven acres of contiguous upland. Plans for the development have been submitted that: 0 . proposes connecting all the dwellings to public water and to the municipal wastewater treatment facility; • shows the creation of 29 lots conforming to the minimum bulk regulation for the PIAHD; • illustrates that the proposed dwellings can be located on the lots in conformity to the - required setbacks; and • provides a minimum of two on-site parking spaces for each lot. Plans for the development comply with applicable standards of the Planning Board's Subdivision Rules and Regulations, except as requested to be waived by the applicant. The applicant meets those minimum standards to be eligible for the grant of a special permit; 6. The applicant has designated six(6) of the proposed twenty nine (29) dwelling to be committed to affordability in perpetuity in compliance with the PIAHD minimum requirement that 20%of the dwelling units be affordable units. The affordable units are not segregated within the subdivision and satisfy the design and construction standards and guidelines of the Local Initiative Program, 760 CMR 45.00,with regard to distinguishability from market rate units; 7. A proposed deed rider and a proposed monitoring agreement for the affordable units have been drafted in compliance with 760 CMR 45.00 Local Initiative Program(LIP) and guidelines promulgated thereunder, and submitted with the application. Those documents: • assure the affordable restriction will survive any and all foreclosures; 5 Town of Barnstable-Planning Board Schdon�_r Village-PIAHD Special Permit Decision and Notice 0 provide for continuing enforcement of the deed rider in subsequent resale of the affordable units; • conform to the standards of the Department of Housing and Community Development (DHCD) for inclusion in the DHCD Subsidized Housing Inventory; • provide a right of first refusal upon the transfer of any affordable unit to the Town or its designee for a period of not less than 120 days; 8. A Local Initiative Program(LIP) application for the development was submitted to the Department of Housing and Community Development(DHCD). On January 23, 2006 a letter from Marilyn Contreas, Senior Program and Policy Analyst at DHCD was received and entered into the file. That letter, issued as a site approval/project eligibility letter, qualifies the six(6) affordable units as being eligible for the inclusion in the Affordable Housing Inventory under 760 CMR 45.00; 9. The applicant has submitted a phasing plan in the application as provided for in Section 240- 17.1D7, That plan has lumped together this proposed development along with a second 29-unit proposed PIAHD"Settlers Landing II" and a third 20-unit proposed comprehensive permit application"Settlers Landing 1". The applicant's phasing plan requests an annual of 25 building permits during years 2006, 2007 and 2008 and 3 building permits in year 2009. The Planning Board's role with regard to the 20-unit"Settlers Landing 1"comprehensive permit application is advisory only to the Zoning Board of Appeals. Staff has recommended that for monitoring purposes each of the PIAHD developments be issued their own phasing plans and not lumped together. Buildout of Schooner Village requires the issuance of twenty three (23) - market rate and six-(6) affordable rate-building permits. Section 240-17..1E7 of the PIAHD requires the building and occupancy permit be issued at the rate of one affordable unit for every four market rate units. Growth Management provisions Section 240-110 through 122 now limits the number of Market Rate building permits to an annual total of 96 permits. In the case of Affordable rate permits 139 unused permits have accumulated and if necessary affordable rate permits can be advanced from future years. Only the market rate permits need be committed in the Phasing Plan; 10. The Barnstable Housing Committee has reviewed the materials submitted and comments were received from them on November 14, 2005 expresses concern for the pricing of the affordable units, garages and visitabilty standards for some of the units. At the public hearing the Barnstable Housing Committee and the applicant recommended to the Planning Board that three (3) of the affordable units be sale priced at 76% of the area median income and that three (3)be priced at 70% of the area median income. MassHousing and the Town have always maintained y that the sales prices of the affordable units be based upon the assumption that the buyers have a 0 maximum household income of 70/o of the HUD area median income. The Local Imtlative Program Project eligibility letter cites that less than 80%would be required; 11. In summary, the proposed PI-AHD with conditions to be imposed herein will: 6 Tmp of Barnstable—Planning Board Schobn i Village-PIANO Special Permit Decision and Notice • Comply with all applicable Subdivision Rules and Regulations,the Zoning Ordinance and the requirements of PIAHD Section 240-17.1 except as they are to be waived by the Board; • Provide six(6)affordable units in perpetuity and consistent with the requirements of the PIAHD; • And,will not cause substantial detriment to the neighborhood as the proposed development shall be that of single-family dwellings on individual lots at a density of development similar to that of the existing neighborhood. In addition, all units shall be connected to municipal wastewater treatment. DECISION: Based upon the findings a motion was duly made and seconded to grant the special permit subject to the following conditions and restrictions: 1. This special permit is issued for 29 lots in Subdivision#813 -"Schooner Village" and for the development of 29 single-family dwellings within the subdivision. Six(6) of the 29 dwellings shall be dedicated in perpetuity as affordable dwelling units reserved for ownership in accordance with paragraph 5 below. This permit is issued in accordance with and subject to all requirements of Section 240-17.1,Private-Initiated Affordable Housing Development(PIAHD)of the Code of the Town of Barnstable(a copy of which is attached and made a part of this decision). Subdivision Plan# 813 shall only be implemented as authorized herein and all rights in that subdivision are subject to full compliance with the terms and restrictions of this decision; 2. The development shall be constructed in accordance to plans submitted consisting of 11-sheets cited - - hereafter-with the exception they shall-be-modified-as conditioned herein: - The plans submitted are: • A Subdivision Plan consisting of 2 sheets entitled"Schooner Village, (Subdivision# 813) Definitive Plan Subdivision of Land in Barnstable(Hyannis),MA prepared for Schooner Village Realty Trust" dated August 18, 2005, as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; 0 A plan consisting of a single sheet illustrating the proposed location of the dwellings on the subdivision lots entitled"Schooner Village, Site Development Plan in Barnstable(Hyannis), MA prepared for/Applicant Schooner Village Realty Trust", dated August 18,2005 as drawn by Down Cape Engineering, Inc.,with changes,if any,in the location of affordable/market units to be rioted on a subsequent plan; A prototypical landscaping plan consisting of 1 Sheet entitled"Schooner Village Site Development Plan—Supplement Typical Home Landscape Plan in Barnstable (Hyannis),MA," dated August 18, 2005, as drawn by Down Cape Engineering, Inc.; 7 I . r .. Town}of.Barnstable—Planning Board Schoone}Village-PLAID Special Permit Decision and Notice • A Geographic Coordinates Plan of the Subdivision consisting of 2 sheets and denoted as Sheets B and entitled"Schooner Village, (Subdivision# 813)Definitive Plan Subdivision of Land in Barnstable (Hyannis),MA prepared for/Applicant Schooner Village Realty Trust", dated August 18, 2005, as drawn by Down Cape Engineering,Inc., Civil Engineers/Land Surveyors; • A Utility Plan consisting of 2 sheets entitled"Schooner Village, (Subdivision# 813)Definitive Plan Subdivision of Land in Barnstable (Hyannis),MA prepared for/Applicant Schooner Village Realty Trust", dated August 18, 2005, to be revised to depict the entrance islands as shown on two detailed sketch plans and the relocation of drainage structures as shown on four detailed sketched plans, all details as submitted on March 13, 2006 and as drawn by Down Cape Engineering,Inc., Civil Engineers/Land Surveyors; • A set of 3 sheets entitled Plan and Profile for Schooner Village a Residential Community on Land in(Hyannis)Barnstable,MA prepared for Schooner Village Realty Trust" dated August 18, 2005,to be revised to depict the entrance islands as shown on two detailed sketch plans and the relocation of drainage structures as shown on four detailed sketched plans, all details as submitted on March 13, 2006 and as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; 3. Garages shall be installed in full conformity with Item 12d of the November 18, 2004 Stipulation of Settlement and Stay that states"upon the construction if a sixteenth garage on a market rate unit ... and each subsequent garage constructed on a market rate unit thereafter shall create a requirement for the applicant to construct a garage for an affordable unit." Prior to the issuance of the first occupancy permit for the last market rate unit in the development,the _ Building Commissioner shall determine whether the ratio of market rate units with garages and = - affordable units with garages complies with the first sentence of this paragraph. If the Building Commissioner finds that there is non-compliance,prior to the issuance of the occupancy permit for the last market rate unit, the applicant shall be required to construct garages on the applicable affordable units lacking garages at his sole expense. In the sale of each affordable unit, the applicant shall make it clearly noted that should the requirement for a garage be triggered the applicant shall have that right to enter upon the property and construct at the applicant's expense the attached garage after the sale of the unit. To aid the Building Department in tracking the number of garage units constructed or expansion of the dwelling unit,the Planning Board Office shall monitor compliance with this condition; 4. Revised plans shall be submitted to the Planning Board Office for review prior to endorsement. No site.clearing or grading shall occur until the Planning Board has endorsed the plans; 5. In conformance with the PIAHD regulations, as defined in Section 240-17.1B,the applicant shall reserve in perpetuity 6 of the 29 dwellings (20%of the development) for ownership by a household earning less than 80% of area median income as follows: The affordable units shall be priced to conform with the standards of the Massachusetts Department of Housing and Community Development(DHCD) for ownership units set forth in 760 CMR 45.03(4). Three (3) of the 8 ;. Tows o Barnstable—Planning Board Scho&A Village-PIAHD Special Permit Decision and Notice affordable units be sale price not to exceed 76% of the median area income, and the other 3 affordable units priced so as not to exceed 70% of the median area income; 6. All affordable units shall be restricted by a recorded deed rider.and a monitoring agreement in compliance with 760 CMR 45.00 Local Initiative Program(LIP) and guidelines promulgated there under. The documents shall provide for all of the following: • That the affordable restriction will survive any and all foreclosures; • The continuing enforcement of the deed rider in subsequent resale of the affordable units; Full conformity to the standards of the Department of Housing and Community Development (DHCD) for inclusion in the DHCD Subsidized Housing Inventory; • And,provide a right of first refusal upon the transfer of any affordable unit to the Town or its designee for a period of not less than 120 days; and • Item 0)of the draft deed rider submitted to the file shall be modified to reflect the required minimum of 120-day right of first refusal cited above. 7. The final deed rider shall be consistent with paragraph 6 above and shall be submitted for review and approval of the Town Attorney's Office prior to the issuance of a certificate of occupancy for any dwelling unit. The approved deed rider shall be filed at the Registry of Deeds at the time of the first closing on the unit; 8. The final monitoring agreement shall be submitted for review and approval of the Town Attorney's Office. The approved monitoring agreement shall be filed at the Registry of Deeds prior to the issuance of any building permit; 9. The dwellings to be developed within the subdivision shall be substantially in conformance to plans submitted to the Board and contained within the application,identified as: • Lexington I, a two-story,1625 sq.ft.,three-bedroom, single-family dwelling; • Lexington II, a 1:5=story, 1966 sq.ft.,three-bedroom, single-family dwelling; • Nantucket I, a two-story, 1,665 sq.ft., three-bedroom, single-family dwelling; • Nantucket II; a two-story, 1,606 sq.ft. three-bedroom, single-family dwelling; • Vineyard(aka Chelmsford), a one-story, 1,248 sq.ft.,three-bedroom, single-family dwelling; • Cranbrook, a one-story, 1,500 sq.ft. three-bedroom, single-family dwelling; Concord I a two-story, 1777 sq.ft. three-bedroom, single-family dwelling; and • Concord II a two-story, 1980 sq.ft. three-bedroom, single-family dwelling. The footprint of any dwelling unit may be expanded by up to 290 square feet but said 290 square feet shall be limited to a single story. 10. All dwellings shall have at minimum 1.5 bathrooms and developed to the specification or better submitted as Attachment 9 of the application entitled"Specification for the Market Homes" and 9 ti. Tow{i of Barnstable—Planning Board Schoone Village-PIAHD Special Permit Decision and Notice "Specifications for Affordable Homes". All construction shall conform to all applicable Building codes and all applicable fire and health requirements,including the following: _. m • . All 6 of the affordable rate units shall be in compliance with visitability as that term is defined below: Homes shall have 2 foot 8 inch door frames on all first floor interior door frames except closets, including lst floor bathroorri door frames. In addition, all homes shall provide an exterior exit door of 36 inches leading to a wood platform with stairs. The top of the platform shall be placed directly under and abutting the bottom of that exterior door threshold. • 23 market rate units shall conform to the requirements above with the exception of the platform door way. 11. Of the six(6) affordable units,three(3) shall be of the Nantucket I plan—2-story, 1,665 sq.ft. three- bedroom single-family dwelling and three(3) of the Vineyard(aka Chelmsford)plan- one-story, 1,248 sq.ft.,three-bedroom, single-family dwelling. The affordable units shall be located on Lot Numbers 2, 5, 14, 17, 20, and 29 as labeled on the subdivision plans referenced; 11 Section 240-17.1 of the PIAHD allows the applicant as part of the application for subdivision approval,to propose a phasing plan identifying the number of building permits requested to be issued in each year of the phasing plan. The PIAHD.regulations also require the affordable units shall be constructed and occupancy permits issued at the rate of one affordable unit for every four market rate units. Schooner Village requires 23 market rate permits and six(6) affordable rate permits for buildout. As noted in the findings, only the market rate permits need to be reserved for the buildout of the development as it is anticipated that the required affordable permits will be. available. In any subsequent year the applicant shall be permitted to apply for and be issued, if available, those permits reserved but not used in the previous year. For Schooner Village PIAHD, the Board grants a phasing plan for the years 2006 to 2009 as follows: • In 2006,the maximum number of market rate permits issued shall not exceed 8. This commitment of 8 market rate permits is made, subject to the PIAHD regulations that 8 market rate permits are available to be issued at the time of the granting of the special permit,that date being the date of recording of this written decision at the Clerk's Office; • In 2007,the maximum number of market rate permits issued shall not exceed 8; and • In 2008,the maximum number of market rate permits issued shall not exceed 7. • After 2009 there shall be no commitment to phasing and any permits issued thereafter shall be in full conformance with Section 240-110 through 122 Growth Management Provision of the Code. Every permit allocated in the phasing plan shall be included as part of the yearly building permit allocations under§ 240-114A and B. There shall be no extension of a building permit granted under a 10 Town ofpamstable—Planning Board Schooner?Village-P1AHD Special Permit Decision and Notice phasing plan, and any unused and/or expired permits shall be credited back as part of the adjustments under§ 240-114D for the next calendar year; 13. Application for Building Permits shall comply with all requirements of the Building Division; 14. No building permit shall be issued until all applicable permits and approvals for connection to the municipal wastewater treatment facility and for connection to the public water supply have been issued; 15.No building permit shall be issued until the roadway and utilities are installed to the satisfaction of the Building Commissioner for access and fire protection to the lot to be developed; 16. No occupancy permits shall be issued until the dwelling unit is connected to all utilities located underground, including electric, gas,public water and town sewers; 17. This Decision and the references Subdivision Plan# 813 shall be recorded at the Barnstable County Registry of Deeds. Prior to the commencement of construction,the Applicant shall provide the Planning Board and the Building Commissioner's Offices with documentation attesting to the recording of the Plan and Decision with all recording information thereon; 18. The following waivers from the Subdivision Rules and Regulations are granted: 6 Section 801, Design Standards,to reduce the right-of-way from 50-feet to 40-feey wide, and to - = reduce the roadway centerline radius near at the intersections from 150 feet to 70-feet, - • Section 801-27C(4)to allow deep sump hooded catch basins in lieu of grass-lined swales, • Section 801-21 C(9)to allow for additional leaching pits in lieu of excavated storm water storage areas for the 100 year storm event, and _ • with respect to road inspections-fees,to allow an initial deposit in the amount of$5000.00 with the Town of Barnstable to cover the costs of Subdivision Road Inspections. The balance to be returned to the applicant upon final inspection and said balance to be refreshed when depleted in an amount to cover expected further inspections. • No other waivers are granted or implied. The Vote was as follows Aye: David Munsell, Felicia Perin, A. Roy Fogelgren,Marlene Weir,Ray Lang, Steve Shuman, Patrick Princi Nay: None -- ORDERED A PIAHD Special Permit has been granted with conditions for the development of Schooner Village. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by 11 Town of Barnstable—Planning Board Scho'onet Village=PIAHD Special Permit Decision and Notice this decision must be exercised in one year. Appeals of this decision,if any, shall be made pursuant to MGL Chapter 40A; Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has that same right to appeal this decision as per Item 10 of the November 18,2004, Sti latio of Settlement and Stay. A. Roy Fogel e , Clerk Date Signed I,Linda Hutch "der, Clerk of the Town of Barnstable,Barnstable County, Massachusetts,hereby certify that twenty(20) days have elapsed since the Planning Board 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 12 - - I Y § 240-17 ZONING § 240-17.1 Hearings on an application for a special permit under this section shall be held simultaneously with definitive subdivision plan review hearings. Q. Approved open space residential developments. (1) Within 30 days of the Planning Board's endorsement of approval of the subdivision plan, the applicant shall record the plan, together with the following documents: the decision of the Planning Board; the deed of open space to the Town,or to a trust or corporation, or to a nonprofit conservation organization; Form 1A; the trust or corporation documents; as well as development agreements and covenants required under the Subdivision Rules and Regulations. Failure to comply with this provision shall result in the Planning Board approval being considered null and void. Upon application to the Planning Board, the Board may extend the thirty-day recordation period for good cause. (2) Notwithstanding the provisions of §240-125C herein, any special permit granted by the Planning Board for an open space residential development shall become void within two years from the date of issue, which two years shall not include time required to pursue or await determination of an appeal referred to in MGL Ch. 40A, § 17, unless any construction work contemplated thereby shall'have commenced and proceeded in good faith continuously to completion, except for a good cause. All open space shall be dedicated at the time the permit-holder proceeds with construction under a building permit. (3) A request to modify the open space residential development subdivision plan requiring a change in the configuration of the open space, or the road right-of-way shall require a duly noticed public hearing and notification of all parties in interest, pursuant to MGL Ch. 40A, § 15. The Planning Board shall decide whether or not the addition of recreational facilities or a change in location of such facilities shall constitute a modification ofthe approved plan.. If lots have been conveyed out on an individual basis, the applicant for a modification of the special permit and/or installation of recreational facilities shall provide the Planning Board with evidence of the power to act upon the behalf of the corporation or trust of owners of the open space. R. An application for endorsement of approval-not-required plans to adjust lot lines between abutting lot owners, not involving open space lot lines or road right-of-way lines, shall not be considered a modification of the subdivision, or require notice to owners or abutters, provided that such plan and building locations comply with all the requirements of§ 240-17 herein. §240-17.1. Private-initiated affordable housing development. [Added 1148-2004 by Order No.2004-1141 A. Purpose. The purpose of this section is to authorize by special permit privately initiated '__affordable housing by for-profit or not-for-profit organizations that:• - - (1) Provide for residential development in a manner that is consistent with existing neighborhood development in terms of density and housing types; and 240:29 04.01-Zoos Y , ti ' §"240-17.1 BARNSTABLE CODE § 240-17.1 (2) Authorize an increase in the permissible density of housing in a proposed development, provided that the applicant shall, as a condition for the grant of said special permit, provide housing for persons of low or moderate income. B. Definitions. As used in this section, the following terms shall have the meanings indicated: AFFORDABLE UNIT— A dwelling unit reserved in perpetuity for ownership by a household earning less than 80% of area median family income, and priced to conform with the standards of the Massachusetts Department of Housing and Community Development (DHCD) for ownership units set forth in 760 CMR 45.03(4), in order that such affordable units shall be included in the DHCD Subsidized Housing Inventory. APPLICANT— The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit for construction of a private-initiated affordable housing development (PI-AHD) hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed PI-AHD, or have authority from the owner(s) to act for the owner(s) or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site. BEDROOM— A separate room within a dwelling unit intended for, or which customarily could be used for, sleeping. PRIVATE INITIATED AFFORDABLE HOUSING DEVELOPMENT (PI-AHD)— A development of single-family residential dwellings (detached), including required affordable units, and permissible accessory structures on seven acres or more authorized by special permit from the Planning Board as set forth herein. C. Application. (1) An application for a special permit for a PI-AHD shall be submitted to the Planning Board on forms furnished by the Planning Board, accompanied by the following: (a) Information pertaining to any association which the applicant proposes to form for the private management of the PI-AHD. (b) Copies of all proposed documents as required for the subdivision, including architectural rendering and layouts of proposed homes to be built and landscaping plans. (c) Copies of proposed deed restrictions and monitoring agreements, drafted consistent with all requirements of 760 CMR 45 Local Initiative Program (LIP), and guidelines promulgated thereunder assuring the affordable units remain affordable in perpetuity, and assuring the resale of affordable units at the restricted price, and providing a right of first refusal in favor of the ._ . Town. (2) Copies of the application and accompanying materials shall be transmitted forthwith to the Barnstable Housing Committee for review and comment. Said 240:30 oa-of-zoos §240-17.1 ZONING § 240-17.1 j Committee shall have 45 days after receipt thereof to make written recommendations to the Planning Board. Failure to make such written recommendation shall be deemed a lack of opposition thereto: D. Standards. In order to be eligible for consideration for a special permit, the proposed PI-AHD shall meet all of the following standards: (1) Qualifying area. The site shall be located entirely within the RC-1 Zoning District and shall contain at least seven contiguous upland acres. (2) Compliance with applicable regulations and standards. All plans and development shall comply with all applicable standards of the Planning Board's Subdivision Rules and Regulations, including such waivers as may be granted by the Planning Board.l4 (3) Wastewater. All dwellings within the PI-AHD shall be connected to the municipal wastewater treatment facility. (4) Lot shape factor. The numerical lot shape factor as required in § 240-7D of the Zoning Ordinance shall not apply. However no panhandled lot shall be created to a depth greater than two lots from the principal way. (5) Bulk regulations. For all lots and building within the PI-AHD, the following bulk regulations shall apply: Minimum Yard Setbacks (feet) Minimum Minimum Lot Minimum Lot Maximum Building Lot Area Frontage Width Height (square feet) (feet) (feet) Front Side Rear (feet) 10,000 50;20 for a lot on the 65(1) 15(3) 10(4) 20(4) 30(5) radius of a cul-ae-sac Notes: (t) The Planning Board may grant a waiver to the lot width requirement to individual lots located on the radius of a cul-de-sac,provided that the grant of the waiver will result in a proper alignmept of the home to the street. (2) Accessory structures that require a building permit shall be required to conform to all setback requirements. (3) Accessory garages,whether attached or detached,shall require a minimum front yard setback of 20 feet. (4) The Planning Board may require a planted buffer area within any required rear or side yard setback area. (5) Or 2 1/2 stories,whichever is less. (6) Parking. A minimum of two on-site parking spaces per dwelling unit shall be provided. A one-car garage shall count as one parking space. A two-car garage shall count as two parking spaces. (7) Phasing. The applicant, as part of the application for subdivision approval, may propose a phasing plan identifying the number of building permits requested to be issued in each year of the phasing plan. The Planning Board, upon a finding of good cause, may vary the provisions of § 240-114A and B and §240-115B(1) 14. Editor's Note:.See Ch.801,Subdivision Regulations. 240:30.1 04.01.2005 L�_ t ."§440-17.1 BARNSTABLE CODE § 240-17.1 through (3) herein and allow for the allocation to the applicant of the number of building permits proposed in the phasing plan or any different number that the Planning Board deems appropriate, provided that, at the time of the granting of the special permit, the determined number of building permits are available and that no more than 1/4 of each year's allocation under § 240-114A and B shall be all to the applicant. Every permit allocated to the applicant by the Planning Board shall be included as part of the yearly building permit allocations under §240-114A and B. There shall be no extension of a building permit granted under a phasing plan, and any unused and/or expired permits shall be credited back as part of the adjustments under§ 240-114D for the next calendar year. (8) Visitability. The Planning Board may require that some or all of the dwelling units provide access for visitors in accordance with the recommendations. of the Barnstable Housing Committee. E. Affordable units. At least 20% of the dwelling units shall be affordable units, subject to the following conditions: (1) The affordable unit shall be affordable in perpetuity. A deed rider shall assure this condition. The deed rider shall be structured to survive any and all foreclosures. (2) The continuing enforcement of the deed rider through subsequent resale of the affordable units shall be the subject of a monitoring agreement. (3) The deed rider and the monitoring agreement shall be drafted in compliance with 760 CMR 45.00 Local Initiative Program (LIP) and guidelines promulgated thereunder. The deed rider and the monitoring agreement shall be subject to review and approval by the Planning Board and approved as to form by the Town Attorney's office prior to the issuance of a certificate of occupancy for any dwelling unit. (4) The affordable unit shall conform to the standards of the Department of Housing and Community Development (DHCD) for inclusion in the DHCD Subsidized Housing Inventory. (5) A right of first refusal upon the transfer-of-such affordable units shall be granted to the Town or its designee for a period not less than 120 days after notice thereof. (6) The affordable units shall not be segregated within the PI-AHD. The affordable units shall satisfy the design and construction standards and guidelines of the Local Initiative Program, 760 CMR 45.00, with regard to distinguishability from market rate units. It is the intent of this section that the affordable units shall be eligible for inclusion in the DHCD Subsidized Housing Inventory as LIP units. (7) The affordable units shall be constructed and occupancy permits issued at the rate of one affordable unit for every four market rate units. (8) In computing the number of required affordable units, any fraction of a unit shall be rounded up, and the result shall be the number of affordable units to be built within the PI-AHD and not off site. 24030.2 04-01.2005 r n � -�' § 240-17.1 ZONING § 240-21 (9) No special permit shall be granted unless the affordable dwelling units have been approved by the DHCD as eligible for the Affordable Housing Inventory under 760 CMR 45.00, the LIP Program. F. Decision. The Planning Board may grant a special permit for a PI-AHD where it makes the following findings: .(1) The proposed PI-AHD complies with all applicable Subdivision Rules and Regulations, the Zoning Ordinance and the requirements of this section except as they may be waived by the Board; (2) The proposed PI-AHD provides affordable units consistent with the requirements set forth herein; ' (3) The proposed PI AHD does not cause substantial detriment to the neighborhood. G. Relation to other requirements. The submittals and special permit required herein shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Ordinance. § 240-18. (Reserved) 15 §240-19. {Reserved) 16 §240-20. (Reserved) 17 §240-21. B, BA and UB Business Districts. [Amended 2-20-1997; 3-11-1999 by Order No. 99-0561 A. Principal permitted .uses. The following uses are permitted in the B, BA and UB Districts: (1) Retail and wholesale store/salesroom. (2) Retail trade service or shop. (3) Office and bank. (4) Restaurant and other food establishment. 15. Editor's Note:Former§240.18,PR Professional Residential District,as amended,was repealed 7-14-2005 by.Order No.2005-100. 16. Editor's Note:Former §240-19,OR Office Residential District, as amended, was repealed 7-14-2005 by Order No. 2005-100. 17: Editor's Note:Former§240.20,0-1,0-2 and 0-3 Office Districts,as amended,was repealed 7-14-2005 by Order No. j 2005-100. 240:30.3 11-1s-2005 r J �i4N-21 BARNSTABLE CODE §240-21 (5) Place of business of baker, barber, blacksmith, builder, carpenter, caterer, clothes cleaner or presser, confectioner, contractor, decorator, dressmaker, dyer, electrician, florist, fierier, hairdresser, hand laundry, manicurist, mason, milliner, news dealer, optician, painter, paper hanger, photographer, plumber, printer, publisher, roofer, shoemaker, shoe repairer, shoe shiner, tailor, tinsmith, telephone exchange,telegraph office,.undertaker,upholsterer, wheelwright. (6) Gasoline and oil filling stations and garages. (7) Hotel/motel subject to the provisions of Subsection F herein, except that hotels/motels shall be prohibited in the BA District and prohibited in the Osterville UB District. (8) Any other ordinary business use of a similar nature. (9) Multifamily dwellings (apartments) subject to the provisions of Subsection_A(9)(a) through (i) herein, except that multifamily dwellings shall be prohibited in the BA District. [Amended 7-14-2005 by Order No. 2005-1001 (a) The minimum lot area ratio shall be 5,000 square feet of lot area per each apartment unit'for new multifamily structures and conversions of existing buildings. (b) The maximum lot coverage shall be 20% of the gross upland area of the lot or combination of lots. (c) .The maximum height of a multifamily dwelling shall not exceed three stories or 35 feet, whichever is lesser. (d) The minimum front yard setback shall.be.50 feet or three times the building height, whichever is greater. (e) The minimum side and rear yard setbacks shall be not less than the height of the building. (f) A perimeter green space of not less than 20 feet.in width shall be provided, such space to be planted and maintained as green area and to be broken only in.a front yard by a driveway. (g) Off-street parking shall be provided on site at a ratio of 1.5 spaces per each apartment unit and shall be located not less than 30 feet from the base of the multifamily dwelling and be easily accessible from a driveway on the site. (h) No living units shall be constructed or used below ground level. (i) The Zoning Board of Appeals may allow by special permit a maximum lot coverage of up to 50% of the gross area of the lot or combination of lots. (10) Single-family residential structure (detached), except that single-family residential structures shall not be permitted in the B District. B. Accessory uses. 240:30.4 Il-is-2005 I TOWN CLERK BARNSTABLE: MASS. Town of Barnstable Planning Board. Notice of Public Hearing �� �� �� Monday, November 14, 2005 at 7:30 p.rr New Town Hall, Second Floor Hearing Room 367 Main Street, Hyannis, MA To all persons deemed interested in the Planning Board acting under Chapter 40A and Chapter 41, Sections 81 A, through 81 GG, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts; and the Town of Barnstable Subdivision Rules and Regulations and Zoning Ordinances specifically Section 240-17.1 Private Initiated Affordable Housing Development (PIAHD), you are hereby notified of a Public Hearing on Monday, November 14, 2005 at 7:30 PM in the Hearing Room of Barnstable Town Hall, 367 Main Street, Hyannis, MA to consider a Subdivision Plan entitled "Schooner Village, (Subdivision # 813) Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA prepared for Schooner Village Realty Trust", Jaques Morin, Trustee, dated August 18, 2005 and drawn by down cape engineering, inc., Civil Engineers/Land Surveyors, 939 Main Street, Yarmouthport, MA, and for a special permit pursuant to Section 240-17.1 for the creation and development of a 29 lot single-family subdivision on 8.59 acres of land with six (6) of the proposed. dwellings dedicated in perpetuity to affordable housing. Land shown on the plan is located off Pitchers Way and Buckwood Drive, Hyannis, MA in a Residence C- 1 Zoning District and is shown on Assessors map 273, parcel 204 and Assessors Map 272, parcel 056-006. Copies of the applications and plans are available for review in the Office of the Planning Board, 200 Main Street, Hyannis, MA between the hours of 8.30 AM to 4.30 PM, Monday through Friday. David Munsell, Chairman, Planning Board Cape Cod Times, October 31, 2005 and November 7, 2005 Planning Board Special Permit Abutter List for Map 273 Parcel 204 and Map 272 Parcel 056-006 Abutters=Parties of Interest-those directly opposite the subject lot on any public/private street/way and abutters to abutters within 300'ring of subject property as c described above. This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters. The requestor of this list is responsible for ensuring the correct notification of abutters. Owner and address data taken from the Town of Barnstable Assessor's database on 7/17/2005 Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country 27202500A LIVING INDEPEN FOREVER INC 550 LINCOLN HYANNIS MA 102601 USA RD EXT I272.02500B rL[VING INDEPEN FOREVER INC 550 LINCOLN HYANNIS �]MA �02601 USA [_ 1 RD EXT 27202500C rDELSON,ANDREW. TR EDELSON,JOSHUA 136 UNAD[LLA RIDGEWOOD NJ 07450 USA RD 27?.02500D LIVING INDEPEN FOREVER INC RD LINCOLN HYANNIS MA 02601 USA RD EXT 27202500E INF.IMANIS,HELEN STEPH, HASELBURG 81545 MUNICH RMAN L[ 1 STR 3 1 J 2720250OF CARTER,HOPE E 492 MARIOMI NEW CANAAN CT 06840 USA ROAD r-- 72025000 REILLY,GRETCHEN&BULETZA, BARRETT,GERALD F TR SEAN A REILLYP O BOX 587 COTUITM TRS 1992 TRUST - =1-.- ----__- 27202500I1 WISE,JOHN J TR THE 550 LINCOLN RLTY TRUST 4343 PROVINCE PRINCETON NJ r854O USA LINE RD rM251�01 STURZ,C RONALD& 3 FROG ROCK ARMONK NY �10504 USA CHRISTOPHER RD _ 27?025001 ARTHUR JR&JODY BELLOWS,H 15 UPPER GREENWICH [ CT 06831 USA l CROSS RD — _ 1--- --_ —_---__—_- r1102106K rITTMAN,WILLIAM F TR 12945 NAPLES FL 34108 VANDERBILT DR#501 r7iE1WL_rACCHIANA,RUTHSTR 56 BRITTANIA DANBURY CT 0— ---_--_----_-- DR —] r 202500M�STIEGL}TZ,FRANCINE TR 550 LINCOLN HYANN[S MA 02601 USA RD EXT r2 ITALLIA, 7202500N RAYMOND J TR D-2 REALTY TRUST 3229 WASHINGTON DC 20015 USA ----' --------- --- MORRISONST L NW r1i025000_ LIVING iWERTENDTLY FOREVER 550 LINCOLN HYANNIS RD EXT -NC-------- - Page 1 of 7 Monday,July 18,2005 Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country 272O2500P [l6N-ES-,M`AvX-IN-E---- 870 LAKE DORVAL, CANADA H9S 5X7 CANADA SHORE DR#3X QUEBEC _ 1•` 272.031 (MCKENNA,DANIEL JOHN 55 BUCKWOOD HYANNIS MA 02601 USA �.---__-L-- - ---- _ ----� DR ----- �272.033 -- ICRONIN,COLIN B&MELISSA W 15 BUCKWOOD HYANNIS MA 02601 I �. L DR �272034 -- (WHITE,MA.1 THEW W-- 172 HYANNIS MA 02601 USA CASTLEWOOD CIR 272035 — ji�NARELLI,BRIDGET -- 46 PLAINFIELD SHREWSBURY MA 01545 USA AVE r272042 (BEARSI WILLIAM A&HAZEL R CASTLEWOOD 229 HYANNIS MA 02601 USA L CIR 272043 — 1BASSETT,MICHAEL L& - MARSHALL,MARGUERITE B 219 HYANNIS MA 02601 L 1 CASTLEWOOD rr-- CIR I272.044 — 1DAVIES,THOMAS J 65 BUCKSKIN CENTERVILLE MA 02632 USA 1 L J I PATH J 272045 HENRY,LISA A 191 HYANNIS MA 02601 USA CASTLE WOOD --- ---------- -- CIR r!-----1HRISTINA 1046 ARABADZHIEV,DIMITAR& P O BOX 896 BARNSTBALE MA 02601 USA G DENISE A 153 HYANNIS MA 02601 r2047ARNER, CASTLEWOOD ----�-------- ---- CIR r��041 — �NIKAS,LAMES M-- — P O BOX 2562 HYANNIS MA 02601 r72049 1MCGRATH,STEPHEN P&ROBERTA 131 HYANNIS MA II CASTLEWOOD l CIRCLE r M50 CAM BO.,BE'.OERO' HY M& 128HYANNISMA 02601 USA CASTLEWOOD CIR r7i0fl IDUCHESNIiY,JAMES L&JOANH 136 HYANNIS MA 02601 USA CASTLEWOOD--- �- - ----- ------ CIR 272052 IRIDENOUR-,SUSAN S 144 HYANNIS MA 02601 USA CASTLEWOOD �- --- -- ------- --- CIR Page 2 of 7 Monday,July 18,2005 - --- --- Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country { 272053 DEJOHN,ROXANNE 152 HYANNIS MA 02601 USA l CASTLEWOOD C--- 1— — --- -- ----- CIRCLE it r�14 (BUCKLEY,WILLIAM 1&LUCY PO BOX 1406 WELLFLEET MA 02667 USA r72611 WAH'I'OLA,WILLIAM L& 104 HYANNIS MA 02601 LORRAINE 1 CASTLEWOOD CIR r72616603 ]LYNCH,JOHN R&ANNE C 274 CANTON ST WESTWOOD MA 02090 USA — r72056004 1Nl1NE:S,GII,MAR 44 BUCKWOOD HYANNIS MA 02601 USA J DR r72056005 1KORAB,MARC A&JUDITH A 32 BUCKWOOD HYANNIS MA 02601 USA DR r72056006 MORIN.,JA4 QUESN 1597 CENTERVILLE MA 02632 USA FALMOUTH ---�---------------- RD-SUITE 4 272100 LECLAIRE,BARBARA 45 BUCKWOOD HYANNIS MA 02601 USA IDR 272101 RIZZO,SUSAN H 35 BUCKWOOD HYANNIS MA 02601 DR r72102 STORY,DANIEL W&CARINA A C/O HSBC MTG CORP(USA) P O BOX MURRAY UT 84157 571858-ATTN: -------------- — TAX DEPT r72145 — �CLARK-WILLIAM H&JEAN F TRS W CLARK TRUST 33 N MAIN ST FALMOUTH MA 02540 USA 272146 CLARK,WILLIAM H&JEAN F TRS W CLARK TRUST 33 N MAW ST FALMOUTH MA 02540 [272147— 1WINDLE,KATHERINEA 1001 PITCHERS HYANNIS �MA 02601 USA WAY [272148 !WOJ1'ANIK.,KAREN M— 1017 PITCHERS HYANNIS MA 02601 WAY 272149 DASILVA,GERALDO P&ISMENIA PO BOX 1541 HYANNIS MA 02601 150 ICIMBRELO,RICK&13 1051 PITCHERS HYANNIS MA f272 02601 USA WAY r2151 ICHAN,KWOK WEI&GLADYS C %PORTILLA,JUAN M& ALVES,LEIDE 50 BETH LN HYANNIS MA 02601 USA r2152 DEMATEO,EL1A R 62 BETH LN HYANNIS MA 02601 Page 3 of 7 Monday,July 18,2005 Y Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country r277.153 SENTNF.R,DENNIS J TR %PARISI,DONALD 74 BETH LANE HYANNIS MA 02601 USA 272154 CAUTHEN,BILLY F&CAROL J 86 BETH LANE HYANNIS MA 02601 USA f -]- r72151 iMFLO,CASSIA A C/O FARIAS 98 BETH LANE HYANMS MA 02601= -RONALD A& PEROCCHI,CHRIST[NE M 110 BETH LANE HYANNIS MA 02601 r7M6 PEROCC I USA r272157— �TE-JADA-TITO M&REZA-R %ARRAL,WILLIAM J&RITA G 124 BETH LN HYANNIS MA 02601 USA 27�168 MENDES M[CHA1 L A 121 BETH LN HYANNIS MA 02601 USA r72169 ]BEARSE,MICHAEL T BEARSE,MARY ANN 109 BETH LN HYANNIS MA 02601 USA (272170 HOLLAND,DAMES W 95 BETH LN HYANNIS MA 02601 272171 ILEBEDI VITCH,PA UL S. BOX 684 W.HYANMSPORT MA 02672 USA f272172 LEBOUEF, KIMBERLY M 71 BETH LANE HYANNIS MA 02601 USA (272173 ]THRASHER,JULIANNE L&J THRASHER,JOHN W 57 BETH LANE HYANNIS MA 02601 USA 174 CRAVES,GILMAR V %CHAVES,GILMAR V P O BOX 138 ROCKLAND MA 02370 USA r-2 272175 CARL.ETON,M JANE P O BOX 28 BARNSTABLE MA 02630 USA 272176 1NICHOLS,KIMBERLI 21 BETH LA HYANNIS MA 02601 USA I 27.3040 ESTES,SCOTT L&THERESA M 373 HYANNIS MA 02601 USA - _- CASTLEWOOD JUIK rl_ 3041 IDEBERADINIS,RICHARD L 33 SENECA DR HUDSON MA 01749 273042 IGENTILE,LORETTA 10 ALBERT RD WALTHAM MA 02453 USA f273043 !MAGALHAES,DIANNA W 337 HYANNIS MA 02601 I CASTLEWOOD `- ---=--------------- CIR (273044 FISHER,DENNIS 1 325 HYANNIS MA 02601 L- -I- - ------- --- CASTL.EWOOD CIR Monday,July 18,2005 _ --- -- Page 4 of 7 Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country ` r3046 MOLINARI,LIBERO J&NANCY11 SHEEPE SANDWICH02537USA-,---_------ PASTURE WAY ,k r273047 —]CHAPMAN.,DORISL 275 HYANNIS 02 02601 CASTLEWOOD CIR r7-1648 BRUNELLE,MURIEL C %FARIAS,PAULO C 263 HYANNIS MA 02601 USA CASTLEWOOD-- �- — ------- — CIRCLE [273049 — ]JENNEMAN,RALPHCTR& JENNEMAN,BETTY L 251 HYANNIS MA 02601US� CASTLEWOOD CIR 273050 Rl1DFK DAVIDJ 241 HYANNIS JM;k]&6O�USA CASTLEWOOD -- ------- --- CIR 273051 I WARRINGTON,MARY E WARRINGTON,ALICE A 27 WOODLAND MANCHESTER CT 116040 USA ST (27:3 L052 HUUSTON.PRISCILLA K �0,16HOUS�TON, AN NELSON ]09 HYANNIS MA 02601 USA — 1------ —_ CASTLEWOOD CIRCLE 273053 1DOHERTY.THEODORE& DOHERTY FAMILY TRUST 97 HYANNIS MA 102601 CHRISTINE."fR CASTLEWOOD CER r73054 , M J85 HYANNIs jCRE1GHTON WILLIA CASTLEWOOD -- =---------- -- CIRCLE �273055 IMCNAMAKA,JOHN F&JEAN M %MCNAMARA JOHN F&JEAN M 69 HYANNIS MA r26( 1 USA CASTLEWOOD CIR 273056 jSILVA,JOSEPH W MARY E SILVA 59 HYANNIS MA 02601 USA CASTLEWOOD L_ --- ------- --- C1RC f273057 ICROWELL..PETER H P O BOX 91 WEST DENNIS MA 02670 USA r73058 LAFOND-MCAULIFFE,ANNE L 35 HYANNIS MA 02601 CASTLEWOOD --- -� ----------- C IRC LE (f273059 SOUVE,LISA A 23 HYANNIS MA 102601 L—____[_---------_--_ CASTLEWOOD L CIR 12-7306-0 CADI--iT,WARNER 1R T137 HYANNIS MA 02601 USA WINDSHORE DR �273061 -rPFsRRON,MARILYN M - 8 SOLOMON E SANDWICH MA 02537 USA L POND R.D Page 5 of 7 Monday,July 18,2005 — Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country 4 [7-3 62 W1LLMAN,TIMOTHY A&PEYTON P O BOX 164 BARNSTABLE MA 02630 - USA _--_-[C- _----- -_- 273063 SHAVE,ANNA M 10 HYANNIS IMA 02601 USA ' f CASTLEWOOD [--- `- - --------- CIR G )NCALVFS,RENILTON L& GONCALVES,CLEIA DE PAULA 20 HYANNIS MA 02601 rb064 _--. 1-------_--- CASTLEWOOD CIR 273065 �XTIES,GA[I 26 CASTLEWOOD ]HYANNIS MA 02601 USA -- - - -_------- CIR r7l-666 BOLAND,ALBERT 36 HYANNIS MA 02601 BOLkND,ALBERT CASTLE WOOD 273067 HOTET7_,DERON C 42 HYANNIS MA 02601 USA CASTLEWOOD _---�-------------- CIRCLE r-4061 SHEEHY,NANCY MARIE 797 EAST S BOSTON MA 02127 USA BROADWAY r1669ggYANNIS MA 02601 USA OC:ONNELI,ISABELL.A PCASTL.EWOOD ----�------------ CIR r-,670 ICHAMBERLAND,RAYMOND R& CHAMBERLAND,TERESA A P O BOX 425 REHOBETH MA 02769 JUST rTM71 IFEREIRA,RONALDO A& BATISTELLA,JULIANE 74 HYANNIS MA 02601 USA CASTLEWOOD CIR r3f072 BRINCKERHOFF,JOHN D& %NORWEST MORTG/I'AX DEPT ONE HOME DES MOINES IA 50328 USA COREEN SCAMPOS _. 1------- --- -- MS122575 273073 lMOLINARL,LIBERO J&NANCY J 11 SHEEP E SANDWICH MA 02537 USA IMOLINA-----__ PASTURE WAY r73074 CI.ARK,B E:RTHA C/O LEE 98 HYANNIS MA 02601 USA - �- ----- _--- CASTLEWOOD CIR �27.3075 WAHTOLA,WILLIAM L LORRAINE J WAHTOLA 104 HYANNIS MA 02601 USA - CASTLEWOOD -- ------- - CIRCLE 273076 IBOUCHER, MARCHIA J EISENTRAUT,MARGUERITE M. 112 HYANNIS MA 02601 CASTLEWOOD �- - --- --- ---- CIR Monday,July 18,200 Page 6 of 7 Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country r [273017 NYE,BARBARA W 27 CENTERVILLE MA 02632 USA — — -------------- DEEPWOODS CIRCLE 273111 MOLINARI.LIBERO J&NANCY A SHEEP E SANDWICH MA 02537 l PASTURE'I 1 r7l112 FERREIRA,ANTONIO SANTOS& FERREIRA,GERMANA SANTOS 313 HYANNS MA 02601 USA CASTLEWOOD ---- J-- ---------- CIRCLE r1i123 HYANNIS FIRE DISTRICT HIGH SCHOOL HYANNIS �MA 102611 USA rll198 IRD COSTA..KEILA BARRETO 337 OCAEN ST HYANNIS MA 02601 USA APT I — [273199 (BURGESS,DOROTHY I TR S A M REALTY TRUST 9 BETH LN HYANNIS MA 02601 ---- —_-J-- - —__— ----—_---__ r73200 1TRAYWICk SAMUEL C P O BOX 216 W HYANNISPORT 1 — L MA 02672 CAMERA,MARY B C/O JUDGE,M JACQUELINE C EXEC 1087 PITCHERS HYANNIS MA 02601 r320I WAY 273202 MUR fA ROBERTA P& KASPRZAK,MARCIO A 40 FRESH HYANNIS MA 02601 1 HOLES RD r7.liO3 BOLAN D,NOEL M&JOHN J 1115 PITCHERS HYANNIS MA 02601 USA WAY 273204 IMORIN,JACQUES N 1597 CENTERVILLE MA 102632 USA FALMOUTH --- -- ----------- RD-SUITE 4 [2(33001 IBARNSTABLE,TOWN OF(MUN) 367 MAIN HYANNIS MA 02601 USA — �— — ---------- STREET Page 7 of 7 Monday,Ady 18,2005 k d dpm 0t- r d-e-. --/ -0 U , (-. c-- d t. ZOOZ Pecs cl � cry Town Regul"' MAM Thomas Bully: Tom Perry,CB;,. 200 Main Stru, WWWAO'� Office: 508-862-4038 October 13, 2011 ti i CAPTAIN GOSNOLD VILLAGE CAPTAIN GOSNOLD VILLAGEK 230 GOSNOLD STREET HYANNIS MA 02601 Pt_c ed X� wilLfind an application for a Certific°, 2cip, Seventh_Fn" 'MIN.LOT AREA MIN.LOT MIN.LOT UMVI TM YARD MA}{IMUM SQ.FT. FRONTAGB IN WIDTH SACKS IN Fr.m BLDG. FT. IN Fr. ETB HEIGHT iN FT. . • FRONT SIDE REAR 10,000 50;20 for a lot 65�'1 •15�'1 100) 2014J 30* an the radios of a cul de sac *Or-two and arie-half(2-1/2)stories whichever is lesser. (1)The Planning Board may grant a waiver to the Lot Width requirgment to individual lots Iocated on the radius of a cul-de-sac provided that the grant of the waiver will result in a proper aligranent of the home to the street. (2)Accessory Structures that requires a building permit shall be required to confoirn to all setback requirements. ` (3)Accessory garages,whether-attached or detached,chap require a minimum front yard setback of tW=ty(20)feet. - - (4)The Planning Board may require a planted buffer area within any required rear or side yard setback area F) Parking: A minims of 2 two ( ).on-site paridn g spaces per dwelling unit shall ' be provided. A one car garage shall count as one gazking space. A two car garage shall count as two parking spaces. , Cr) Thasing: The applicant, as part of the application for subdivision approval,may propose a phasing plan identifying the number of building permits requested to be issued in each year ofthe phasing plan. The Plaiming Board, upon a finding of good cause, may vary the provisions of Section 4.9 (5) (a)-(b) and,(6)(b)(i)- (iii)herein and allow for the allocation to,the spplican_t of'the number of building permits proposed in the phasing play or any different number that the j Planning Board deems appropriate,provided that at the time of the granting of. the special permit, that the determined number of building permits are available and that no more than V4 of each year's allocation under Section 4.9 (5)(a) and (b) shall be allocated to the applicant. Every permit allocated to the applicant by the Planning Board shall be included is part of the yearly building permit allocations under S ection 4.9 (5)(a)-(b). There shall be no exterision of a• Building Pemut granted under aphasing plan and any unused and/or expired• permits shall be credited back as part of the adjustments under Section 4.9 (5) (d) for the next calendar year. H)..Visifability- The Planning Board may require that some or all of the dwelling units provide access for visitors'in accordance with the recommendations of the Barnstable Housing Committee. 5. Affordable Units. At least20% of the dwelling units shall be Affordable Units, subject to the following conditions: A) The Affordable Unit shall be affordable in perpetuity. A Deed Rider shall assure this condition. The Deed Rider shall be structured to survive any and all foreclosures. I IMA-1 1dVi11acm nevelnnrev1 1 1804fina1 Roma, Paul From: Perry, Tom — — -- Sent: Friday, March 23, 2007 11:20 AM To: 'Jacques Morin' Cc: Roma, Paul; LeBoeuf, John; Mckechnie, Robert; Lauzon, Jeffrey; Barrows, Debi; Shea, Sally Subject: RE: sheds According to the PIAAD an accessory structure that doesn't require a BUILDING PERMIT doesn't have to meet setbacks.However 780 CMR in chapter 1 and chapter 36 apply to structures less than 3 feet to the property Iine.There is no language of whether or not there is a Building Permit involved. 3603.3.1 provides that exterior walls less than 3 feet to the property line MUST be protected from BOTH sides with 1 hour fire resistive construction.So you will probably want to think about how close to the line you want to et.We would ould prefer that these are located at least 5 feet to the lin e. --Original Message From: Jacques Morin [mailto:bayberrybuilding@comcast.net] Sent: Friday, March 23, 2007 10:39 AM To: Perry,Tom Subject: sheds Greetings, Thanks for not seeing me this morning. Just kidding...between all the confessionals and the questions I know your busy. I'm glad you reviewed the background on the shed item within the PHI-AHD. Your secretary gave me the feedback that the sheds can go anywhere on the lot. Do we need to qualify the size or can we do a 12 x 16 under the same area or is that qualification limited to anything over 120 s.f. Would appreciate hearing from you on this so we don't screw up and have to go to the confessional. Thanks. .Jacques N. Morin, Pres. Bayberry Building Company, Inc. i II - - tip £ 74 a L%k- 24588 P: 74 3 3 #A lie .z Huse. Town-of Barnstable Planning Board `1C' !`�t�� -5 i 2 :�5 Decision and Notice Schooner Village (Subdivision 813)- PIAHD Special Permit Modification Modification to allow introduction of a ninth house plan Clarification that the 290 sq.ft. additions do not include garages Summary: Granted with Conditions Applicant: Jacques N. Morin, Trustee of Schooner Village Realty Trust Property Address: 141, 89, 59, 49, 20, 40, 50 and 60 Schooner Lane, Hyannis, MA Assessor's Map/Parcel: 272/206, 273/204-009, 273/204-006, 273/204-005, 273/204-017, 273/204-015, 273/204-014, & 273/204-013 Deed Reference: Book 21605, Page 194 Prior Special Permit: Book 21233, Page 139 Background: On March 27, 2006 the Planning Board issued a Private-Initiated Affordable Housing Development (PIAHD) Special Permit to Jacques N. Morin, Trustee of Schooner Village Realty Trust. The permit was issued pursuant to Section 240-17.1 of the Zoning Ordinance for Subdivision No. 813 "Schooner Village". The Schooner Village subdivision is located between Pitcher's Way and Buckwood Drive in Hyannis and consists of 29 single-family lots on 8.58 acres. The Special Permit authorized an increase in the permissible density of the housing. It allowed a minimum lot area of 10,000 sq.ft. rather than the required 1-acre minimum lot area, provided that 20% of the housing units are committed to low or moderate income housing. In this case, six (6) of the proposed dwellings were to be dedicated in perpetuity as affordable units, sold to income qualified households. The applicant initiated the development in 2006. As of the date of this modification request, 13 lots have been developed and Occupancy Certificates issued. Applicant's Request: On March 5, 2010, the applicant submitted a request for a modification and clarification of the PIAHD Special Permit for Schooner Village. On March 9,•2010, via an e-mail, the applicant sought to addend the application and to reduce the number of lots effected from 11 to 8. The application submitted requested: .1. To modify Condition No. 9 of the Permit to allow for the addition of a ninth house plan to the existing 8 approved house plans for the development; 4 . .:. - �TME 6ARNSTABLE, i a e , MASK. Town of Barnstable Planning Board Decision and Notice Schooner Village (Subdivision 813)- PIAHD Special Permit Modification Modification to allow introduction of a ninth house plan Clarification that the 290 sq.ft. additions do not include garages Summary: Granted with Conditions Applicant: Jacques N. Morin, Trustee of Schooner Village Realty Trust Property Address: 141, 89, 59, 49, 20, 40, 50 and 60 Schooner Lane, Hyannis, MA Assessor's Map/Parcel: 272/206, 273/204-009, 273/204-006, 273/204-005, 273/204-017, 273/204-015, 273/204-014, & 273/204-013 Deed Reference: Book 21605, Page 194 Prior Special Permit: Book 21233, Page 139 Background: On March 27, 2006 the Planning Board issued a Private-Initiated Affordable Housing Developrn�nt (PIAHD) Special Permit to Jacques N. Morin, Trustee of Schooner Village Realty Trust. The per,.mit was; issued pursuant to Section 240-17.1 of the Zoning Ordinance for Subdivision No. 813 "Schooner Village". The Schooner Village subdivision is located between Pitcher's Way and Buckwood Drive in Hyannis and consists of 29 single-family lots on 8.58 acres. The Special Permit authorized an increase in the permissible density of the housing. It allowed a minimum lot area of 10,000 sq.ft. rather than the required 1-acre minimum lot area, provided that 20% of the housing units are committed to low or moderate income housing. In this case, six (6) of the proposed dwellings were to be dedicated in perpetuity as affordable units, sold to income qualified households. The applicant initiated the development in 2006. As of the date of this modification request, 13 lots have been developed and Occupancy Certificates issued. Applicant's Request: On March 5, 2010, the applicant submitted a request for a modification and clarification of the PIAHD , Special Permit for Schooner Village. On March 9, 2010, via an e-mail, the applicant sought to addend the application and to reduce the number of lots effected from 11 to 8. The application submitted requested: 1. To modify Condition No. 9 of the Permit to allow for the addition of a ninth house plan to the existing 8 approved house plans for the development; i a• 4i ,nstable, Planning Board— Decision & Notice pnon of Schooner Village Private Initiated Affordable Housing Development(PIIAHD) Special Permit �� '' � } 2. To clarify that the 290 sq.ft. addition permitted in Condition No. 9 is that of living area and is not _.ter, . x. . applicable to garages; and 3. To provide for the future introduction of additional new house plans by administrative approval. Procedural & Hearing Summary: The Application for a Modification of the Special Permit was submitted and filed at the Town Clerk's Office and at the Planning Board Office on March 5, 2010. A public hearing before the Planning Board was duly advertised in the Cape Cod Times on March 7 and March 14,.2010, and notice sent to all abutters in accordance with MGL Chapter 40A. On March 91h, via an e-mail, the applicant sought to addend the application to only apply to 8 of the subdivision lots, Numbered 1, 6, 9, 10; 16, 18, 19, and 20, commonly addressed as 141, 89, 59, 49, 20, 40, 50 and 60 Schooner Lane, Hyannis, MA. The hearing was opened March 22, 2010 and continued to April 26, 2010, at which time the Board found to: grant a modification of Condition No. 9 to provided for a ninth house; clarify Condition 9 that the 290 sq.ft. addition applies to living area; and, at the request of the applicant, a withdrawal without prejudice of the request for an administrative approval of future house plans. Board Members deciding this appeal were, David P. Munsell, Patrick M. Princi, Paul Curley, Marlene Weir, and Acting Chair, Matthew K. Teague. Attorney Michael D. Ford represented the modification request before the Board. Jacques N. Morin, Trustee of Schooner Village Realty Trust, was also present. Attorney Ford noted that an addendum has been entered into the file that the requested before the Board is to apply to only 8 lots and not the 11 originally cited in the application. Attorney Ford gave a brief background on the development stating that it has been underway for a number of years and homes have been built and are occupied. He cited that given the extent of the lots that are built on, the request is minor in that it will have little effect on the overall development. He noted that the modification is asking for up to 3 of the Wellesley style homes to be incorporated into the subdivision and the clarification that the 290 sq.ft. addition to the homes would only apply to that area added to the structures for living area and will not include garages, open covered/uncovered porches or decks. He reviewed the proposed plans for the Wellesley style home and it was clarified that the total gross area of the building would be approximately 2,408 sq.ft., counting all areas capable of being habitable (including the two car garage). That the proposed living area is approximately 1,908 sq.ft., which is similar to the living area of the Concord II style homes. Public comment was requested. Patricia Gisselson representing the Theodoridou-Marmanidis, Georgia trust, the owner of 9 Beth Lane and other unidentified neighbors spoke in opposition noting that size of the existing subdivision homes is out of scale to the existing abutting homes. She also noted that clearing of the lots is excessive and more landscaping is needed as well as a buffer between the existing and proposed new homes. Marc A. Korab of 32 Buckwood Drive spoke in opposition, agreeing that the homes are too massive and is not in keeping with the developed neighborhood. Steve Mussleman of 79 Schooner Lane spoke in favor of the request and noted that single floor living is needed for the aging population. The Board Chair noted that eight Letters had been submitted to the file in favor of the granting of the request from: Jean Taber of 28 Schooner Lane; Cynthia Dunham & Thomas A. Stark of 99 Schooner 2 ayy y{y. ai Ar t P f instable, Planning Board—Decision & Notice lion of Schooner Village Private Initiated Affordable Housing Development(PIIAHD) Special Permit Lane; Robin Trainor of 90 Schooner Lane; Kabal & Surinder Bajwa of 69 Schooner Lane; Ives. Hall of 30 Schooner Lane; Arthur & Tara Ramos of 5 Schooner Lane; Natalie E. Faino, 9 Schooner Lane; Steve Musselman of 79 Schooner Lane; and. Salvatore M. Bonanno of 140 Schooner Lane. Board members expressed their concern that the request for an administrative process to allow for the addition of future new house plans through an administrative process could be problematic. Again, they would need to provide detailed and measurable guidelines if they were to allow an administrative process. At that, the Board determined to continue the hearing to April 26, 2010: „ At the April 26, 2010 meeting, , Paul Curley , entered a "Confirmation of Evidential Review" fully executed and clocked with the Town Clerk into the written record to certify his review of materials and video of one missed public hearing for this application on March 22, 2010. In accordance with Chapter 37-1 of Code of the Town of Barnstable, this authorized Mr. Curley to participate and vote on this matter. Attorney Michael Ford addressed the Board stating that the applicant is requesting withdrawal without prejudice, that part of the request to provide an administrative process for future building designs for Schooner Village. The Board discussed the issues and noted that with the withdrawal of that part of the modification request, they were prepared to vote on the remaining two parts; the introduction of a ninth home style the "Wellesley" and the clarification of the 290 sq.ft. addition to the homes. Decision: At the hearing of April 26, 2010, a motion was duly made and seconded to: 1. Grant the applicant's request to withdraw without prejudice that part of the application that sought an administrative process to introduce new future house plans; and 2. To accept the applicant's addendum to apply the request to 8 lots addressed as 141, 89, 59, 49, 20, 40, 50 and 60 Schooner Lane and to grant a modification and to provide a clarification of Condition No. 9 of the Special Permit. The modification granted is to allow for a ninth style house plan, the "Wellesley" provided there shall not be more than three of the Wellesley style homes permitted in the Schooner Village Subdivision and to clarify Condition No. 9 by adding to the last sentence the words: "The area of a garage, open covered/uncovered porches or decks shall not be included in this 290 square feet." The vote was as follows: AYE: David P. Munsell; Patrick M. Princi, Paul Curley, Marlene Weir, Matthew K. Teague NAY: None I 3 > at4. t B.6.. x arnstable, Planning Board— Decision & Notice *p etion of Schooner Village Private Initiated Affordable Housing Development(PIIAHD)Special Permit } Ordered: Schooner Village Private Initiated Affordable Housing Special Permit for Subdivision 813 has been modified and clarified. All other conditions of the Schooner Village PIAHD Special Permit as issued March 27, 2006 shall remain in full force and effect except as modified herein. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Planning Board's Office and to the Building Division before any building permit can issue in reliance on this modification. The relief authorized by this decision must be exercised within two years. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. Matthew K. Teague, Acting Chair Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Planning Board 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 4 d � b ITis { LA 5 14 Sefeilonec. illa a HOYt1� ib��E'IEIItrott 7` a t° tiA r mr G yP In ,tp T■15 (1 y Y, -Sq.Feet-Type Affordable Market a Vin and-Chelm 1248-Ranch 3 2 Cranbrook 1500-Ranch 3 °. Nantucket 11 1606-Cape 3 ° Lexington I 1625-Cape 3 i o Nantucket I 1668-Cape 3 2 Concord I 1777-Cape 3 Lexington lI 1966-Cape 4 y Concord H 1980-Cape 3 TOTAL 6 23 ... _� rva .:�:�. ',:•J.:, ..,.:;5.� :. 1.:.:5 ...:I:,. SIP." •:li: .,:h: v ,..,. .-.,, ,. ,. ....._...,, .. !• :., 4... ._ .�.....:.:.,.SC ..:i.,I.,! W-ir: ::u {p� .,. ..... 5...... -:,-0'i. i ,.... I .- ... ... !I':.s. CI r::...- i:rt:.:!,Tt:k..y::i.Ar.:i:...5...,.;t ii'j'7. :$'s-4l5°:•. Nantucket 11 Market Unit tfv Right / 0 Jo 2 Concord H ✓ Market Unit b o Pl Right p fo 3 =( r C p Nantucket I ✓ Affordable Unit �:� None 0-7 4 /0 9 CO Lexington H Market Unit j C.,tq r= Right O 7 5 = `� C p °"1 Concord I ✓ Market Unit c Ii Right - 00 6 = �� Vineyard Affordable Unit None C5�, 7 7�ij C a Cranbrook-mirrored ✓ Market Unit DrO-i C' Left Lexington IT Market Unit Right v 9 e C O .Gomm d—II w L LC,6 SLR f Market Unit )c.to G Right 5 t✓h !'6 o g to Nantucket II Market Unit U-) Right d 7 11 `r Concord I Market Unit C Right f )OnAaA:t hi 07 12 Co Vineyard ✓ Market Unit . �c N Right O(0 13r D N Concord I L Ex Market Unit Right 14 cc Cranbrook-mirrored ✓ Market Unit Left 6 7 .15 Gp A- ONantucket I mirrored ✓ Affordable Unit )cq- None 16 = dj t6 Concord 11 Market Unit s Right 06 17 G a Wantueket"I t/ Affordable'Unit D(ei C None A, C) g 18 = O Cranbrook Market Unit Z Right p g' 19 Lexington H Market Unit 10 Right 20 = �O _ ��ineyard Affordable Unit _ Q�(I . None p 21 = 7p - CO 1 Nantucket I y"- Market Unit Right - b 22 Lexington I t/ " Market Unit i�zq-kt;1 Right 23 jD C p Nantucket I f Market Unit Right 6�7 24 /" Lexington I Market Unit 4-c- Right 67 25 = r( 0 Nantucket 11 ✓ Market Unit A c'i Right 06 26 r 8 Vineyard ✓ Market Unit D,.tj Right P 27 s t j d., -Lexington I V,-_-- Market Unit oz_,ti6 Right d 7 28 /CFO C_p Concord I ✓ Market Unit Uc,t°i C Right p 7 29 " / S� CO A OVineyard ✓ Affordable Unit ;Jcz None r ii L 4 '7 4-o• J i § 240-115 ZONING § 240-115 (2) Prior to issuing affordable permits within each month, the Building Commissioner shall determine the number of affordable permits remaining available within the annual affordable distribution and shall increase or decrease the number of available affordable permits consistent with any adjustments required by § 240-114A and D above. The Building Commissioner shall then divide the number of available affordable permits by the number of months remaining in the calendar year, which shall be the number of affordable permits issued within that month. Fractions shall be rounded down to the nearest whole number and added to subsequent monthly calculations. (3) In the event that no affordable or market permits are available to be issued in a given month, only those permits requiring issuance or authorized for issuance pursuant to § 240-114A and D above shall be issued until any adjustments result in additional available permits or the next annual distribution becomes available. B. Limitations and transferability of building permits. The following restrictions shall apply to the submission of building permit applications and the issuance of building permits: (1) CWithimany_-calendar year, no person shall submit to the Building Department more man 20 b1.uilding permit applications in which such application(s) that person has a substantial financial interest; (2) � person"shall submit,a buildingpermit application within 10 days from the date I of their last building permit application in which that person has a substantial financial interest, and.no:person shall submit more than three building permit .± C-applications per month in which that person has a substantial financial.interest. In a- given month, no person or entity shall receive more than three building permits in which the person or entity has a substantial financial interest. (3) During any calendar year no person shall receive more than 20 building permits in which that person has a substantial financial interest. (4) Any applicant authorized to receive a building permit under this article may transfer said building permit to another lot owned by the same applicant. This provision shall not be deemed to extend the time period for exercising a building permit. C. Application.and issuance of affordable permits. (1) In"order to be deemed complete, applications for affordable permits shall include a valid certificate of affordability or shall include a copy of a valid Chapter 40B. comprehensive permit providing that the unit constructed will meet the requirements of the DHCD to be counted as affordable in the state count toward the affordable.goal. (2) Affordable permits shall be issued based upon the date of filing. Applications filed prior in time shall be issued a building permit prior to subsequently filed applications. 240:171 os-is-2oos Engelsen, Jennifer From: Traczyk, Art Sent: Wednesday, September 11, 2013 2:15 PM To: Perry, Tom; Franey, Patrick; Buntich, JoAnne Cc: Cadrin, Arden; Weil, Ruth; Engelsen, Jennifer; Barrows, Debi; Jenkins, Elizabeth Subject: Taxes & Building Permit Stage -SP Mod Subdiv 813 Morin Jacques 9 Taxes SP Mod 2011 Subdiv 813 Morin ...odification.pdf(1 MI Folks: In reviewing Schooner Village PIAHD Special Permit for an up coming requested modification I notice we are at a critical juncture. From what I'm seeing, we are down to the last 6 permits at Schooner Village. We have a 2011 Clarification that states in Condition 11 that .... "Additionally, the Board reaffirms Section 240-17.1(E)(7)that requires the last affordable unit shall be built and an occupancy permit issued prior to the last group of market rate units receiving building and occupancy permits." The last grouping would be the 3 Market rate building/occupancy permits and the 1 Affordable rate building/occupancy permits. With 6 remaining units, of which 2 are affordable that means of the next 2 occupancy permits 1 must be an affordable unit. Thereafter, in the group of 4 remaining units (the last group), the first building and occupancy permit to be issued must be an affordable. He must make the 60 Schooner Permit(the one with the stop work order on it) active by time 2 occupancy permits are issued. My understanding is that permit is ready. He just has to come in and pay for it. We should also consider getting the 2011 clarification recorded -he is using that number scheme that it clarified and it was his responsibility to record it. art I 1 Morin,Jacques N Tr Amount owed as of 8/26/2013 as of 9/11/2013 MAP & PARCEL Lot No.Street Adress FY2012 FY2013 FY2014 1ST.Qtr Total due Building Permit Stage 272-206 1 141 Schooner Lot 1 $ 1,314.10 $ 3,706.67 $ 865.81 $ 5,886.58 CO issued 2012 272-207 24 100Schooner Lot24 $ 1,421.66 $ 1,934.98 $ 443.75 $ 3,800.39 Active- Foundation 273-204-004 11 39 Schooner Lot 11 $ 1,421.66 $ 1,934.98 $ 443.75 $ 3,800.39 Expired 2009 273-204-005 10 49 Schooner Lot 10 $ 1,294.79 $ 1,598.94 $ 365.02 $ 3,258.75 Withdrawn 2008 273-204-009 6 89 Schooner Lot 6* current current current $ - CO issued 2013 273-204-013 20 60 Schooner Lot 20* current current current $ - Stop Work Order 273-204-014 19 50 Schooner Lot 19 current $ 1,598.94 $ 365.02 $ 1,963.96 Active 273-204-015 18 40 Schooner Lot 18 $ 1,294.79 .$ 1,598.94 $ 365.02 $ 3,258.75 Expired 2008 Total due $ 6,747.00 $ 12,373.45 $ 2,848.37 $ 21,968.82 *affordable unit as KLARMASM i' erns. TEDµfda Town of Barnstable *11 JUL 26 P:� Planning Board Decision and Notice Schooner Village PIAHD Special Permit-Subdivision #813 Clarification of Condition No. 11 As requested May 31,2011 Applicant: Schooner Village Realty Trust Assessor's Map/Parcel: Map 273 parcel 204;Map 273 parcels 204-001 through 204-017;Map 273 parcels 272-202 through 272-211;and Map 272,parcel 056-006. Address 5,9, 19,20,29, 30,39,40,49,50,59,60,69, 70, 79,80,89,90,99, 100, 109, 110, 119, 120, 129, 130, 140, 141 and 150 Schooner Lane, Hyannis,MA Zoning: Residential C-1 Zoning District Clarification Corrected the Developer Lots Numbered for the affordable units to 3,6, 15, 17,20,and 29 Recording information: Plan Book 610,Pages 95 &96 Special Permit-Book 24588, Page 74 Background and Request: On March 27, 2006 the Planning Board issued a Private-Initiated Affordable Housing.Development (PIAHD)Special Permit to Schooner Village Realty Trust,Jacques Morin Trustee for the creation and development of a 29 lot single-family subdivision on 8.58 acres located in Hyannis. The Permit was issued in accordance with Section 240-17.1 and provides for 6 of the dwellings to be dedicated as affordable units in perpetuity. A modification was issued on May 6, 2010 allowing the introduction of a ninth house, plan and clarifying that the 290 sq.ft, additions cited in the decision did not apply to accessory garages. On May 31, 2011,the Applicant submitted another request that sought another clarification/modification of the Permit.. The clarification sought to correct the location of the affordable dwellings as original cited in the Special Permit. The,modification sought to allow for the relocation of one of the affordable dwel I in,gs from Lot No. 61 to tot No. 10. Procedural & Hearing Summary: The application for the Clarification/modification was filed at the Town Clerk's Office and the.Planning Board's Office on May 31, 2011. A public hearing before the Planning Board was duly advertised and notice sent to all abutters in accordance with MCL Chapter 40A. The hearing was opened on July 11, 2 11 and continued to July 25, 2011, at which time the Board ruled to clarify the Special.Permit to reflect the corrected Developer Lot Numbers for the.affordable units. The requested modification was withdrawn, without prejudice. Members hearing the request were; Raymond B. Lang, Felicia R. Penn, Patrick Princi, Cheryl A. Bartlett, Paul R. Curley,and Board Chair, Matthew K.Teague. Jacques Morin presented the issue with the clarification, noting that an error had occurred when the lot numbering on the plan had been reversed. The change in the lot numbering caused the affordable lots to Town of Barnstable,Planning Board-Decision and Notice Clarifying Condition No. 11 of the Schooner Village PIAHD Special Permit be renumbered along one site of the street. Although they were renumbered, the location of the proposed affordable did not change. The original plan showed the lot designations for the affordable units as 2, 5, 14, 17, 20, and 29. Those were the numbers used in the special permit when it was issued in 2006. However they should have been revised to reflect the re-ordering of the lot numbers on the plan. The corrected numbering should have cited that the affordable units would be located on Lot Numbers 3, 6, 15, 17, 20, and 29. Correcting the lot numbers will bring the permit into consistence with the recorded Regulatory Agreement and what has been built up to this date. After a short discussion,the Board agreed that this clarification of the permit should be made. The public was invited to speak on this issue and no one spoke in favor or in opposition. Motion: At the conclusion of the hearing on July 25, 2011, a motion was duly made and seconded that Condition No. 11 of the 2006 Schooner Village Private-Initiated Affordable Housing Development.(PIAHD) Special Permit-Subdivision #813 be changed to correct an error in the citation of the developer's lot numbers upon which the affordable dwellings are to be located. The correct affordable lot numbers should have been lots numbered 3, 6, 15, 17, 20, and 29, and to reaffirm Section 240-17.1(E)(7)that requires the last affordable unit shall be built and an occupancy permit issued prior to the last group of market rate units receiving building and occupancy permits. Therefore,Condition No. 11 of the 2006 Special Permit.is corrected to now read: "Of the six (6)affordable units,three (3) shall be of the Nantucket I plan —2-story; 1,665 sq.ft. three-bedroom single-family dwelling and three (3)of the Vineyard (aka Chelmsford) plan-one— story, 1,248 sq.ft.,three-bedroom, single-family dwelling. The affordable units shall be located on Lot Numbers 3, 6, 15, 17, 20, and 29 as labeled on the subdivision plan endorsed by the Board and entitled "Schooner Village(subdivision#818) Definitive Plan Subdivision of Land in Barnstable(Hyannis), MA prepared for/Applicant Schooner Village Realty Trust"dated August 18, 2005 revised May 4, 2006 and consisting of two sheets. Additionally,the Board reaffirms Section 240-17.1(E)(7)that requires the last affordable unit shall be built and an occupancy permit issued prior to the last group of market rate units receiving building and occupancy permits. The vote on the Motion was: AYE: Raymond .6. Lang; Felicia R. Penn; Patrick Princi, Cheryl A. Bartlett, Paul R. Curley, Matthew K. Teague NAY: None 2 i s�r Town of Barnstable,Planning Board-Decision and Notice Clarifying Condition No.11 of the Schooner Village PIAHD Special Permit Ordered: Condition No. 11 of the Schooner Village PIAHD Special Permit has been clarified as cited above. This decision must be recorded at the Registry of Deeds for it to be in effect. Appeal of this decision, if any, shall be made pursuant to MCL Chapter 40A, Section 17,within twenty (20) days after the date of the filing of this decision,a copy of which must be filed in the Town Clerk's Office. Ma ; ew K.Teague, Cha to Si&d I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20) days have elapsed since the.Planning Board filed this decision and that no appeal of the decision has been filed in t4 fice of the Town Clerk. Signed and sealed this day of // under the pains and penalties of perjury. Linda Hutchenrider, Towle Clerk 3 Roma, Paul From: Perry, Tom Sent: Friday, March 23, 2007 11:20 AM To: 'Jacques Morin' Cc: Roma, Paul; LeBoeuf, John; Mckechnie, Robert~ Lauzon, Jeffrey, Barrows De bi; Shea, Sall Subject: RE:sheds y According to the PIAAD an accessory structure that doesn't require a BUILDING PERMIT doesn't have to meet setbacks.However 7B0 CMR in chapter 1 and chapter 36 apply to structures less than 3 feet to the property Iine.There is no language of whether or not there is'a Building Permit involved. 360$.3.1 provides that exterior walls less than 3 feet to the property line MUST be protected from BOTH sides with 1.hour fire resistive construcdon.So you will probably want to think about how close to the line you want to get We would prefer that these are located at least 6 feet to the fine. —Original Message— From: Jacques Morin [mallto:bayberrybuilding@comcast.net] Sent: Friday, March 23, 2007 10:39 AM To: Perry,Tom Subject: sheds Greetings, Thanks for not seeing me this morning. Just kidding between all the confessionals and the questions I know your busy. I'm glad you reviewed the background on the shed item within the PHI-AHD Your secretary gave me the feedback that the sheds can o anywhere or can we do a 12 x g Yw on the lot Do we need to qualify 16 and the under the s q size same area or is that qualification limited to anything over 120 s.� Would appreciate hearing from you on this so we don't screw up and have to go to.the confessional. Thanks. .Jacques N. Morin, Pres. Bavberry R a�ir^ r•- 7 CC� • C_4e_(� c�5 d � 1 f . 1 l `'6 - eCf�� Jacques PIAHD & Chapter 40B-Building Permits Commitments Market 2006 2007 2008 2009 Affordable Permits Market Market Market Market Permits Permits Permits Permits Permits reserve reserve reserve reserve Schooner Village 23 8 8 7 For every 5 permits issued to the PIAHD development 1 must be an affordable permit fi 1 3 2 Settlers Landing II 23 4 8 8 3 For every 5 permits issued to the PIAHD development 1 must be an affordable permit 6 ' d Settlers Landing I 15 3 6 6 For every 4 permits issued to the Ch 40B development 1 must be an affordable permit 5 1 2 2 Totals Market Rate 61 15 22 21 3 reserve reserve reserve reserve ,41fardahlePermits 17 2 7 8 Today: 1. Building should take 15 Market Rate Permits from the remaining permits for this year, 2006. Those permits should be placed in reserve for Jacques three developments. Market Permits to be issued to each are limited to 8 for Schooner,4 for Settlers II, and 3 for Settlers I. On January 01, 2007: 1. Any of the 15 Market Rate Permits not used in 2006 are added to the annual 96 Market Rate Permits for 2007. 2. 22 Market Rate Permits are placed in reserve for Jacques three developments. Market Permits to be issued to each are limited to 8 for Schooner, 8 for Settlers II, and 6 for Settlers I. On January 01, 2008: 1. Any of the 22 Market Rate Permits not used in 2007 are added to the annual 96 Market Rate Permits for 2008. 2. 21 Market Rate Permits are placed in reserve for Jacques three developments. Market Permits to be issued to each are limited to 7 for Schooner, 8 for Settlers II, and 6 for Settlers I. On January 01, 2009: 1. Any of the 21 Market Rate Permits not used in 2008 are added to the annual 96 Market Rate Permits for 2009. 2. 3 Market Rate Permits are placed in reserve for Jacques all are for Settlers II. On January 01 2010, any of the 3 market rate permits not used in 2009 are added to the annual 96 Market Rate Permits for 2010 Q:\GMD-Groups\Zoning Board of Appeals\ZBA Chapter 40B\Jacques PIAHD Building Permits.doc 'art • iI• ;' 10', 3 , 16P01 No• `"311 P, RgadEngIncertng Page 1 of 2 '(•, iT ifhP'.lt hlil r.r K � ..,�M t e�l Wrngedini in As: Road System FndoY.January tZ 2007 Id1Y11RISirytOr Application Cantor Road Systern Reports Road System Search Options hL Search ay JNM Parcels by Road Name -. Road Name �� }�y�/ t • Village All Villages Prev Next- Page 1 of 1 Add Record Parcel �T Location T Village 273 204 ✓ 5 SCHOONER LANE --LOT 15 HYANNIS �73 204 001 9 SCHOONER LANE-•-LOT 14 HYANNIS 273 204 002 19 SCHOONER LANE--LOT 13 HYANNIS 273 204 017 20 SCHOONER LANE--LOT 16 HYANNIS 273 204 003 ✓ 29 SCHOONER LANE--LOT 12 HYANNIS 273 204 016 30 SCHOONER LANE--LOT 17 - `I DB HYANNIS 273 204 004 t/ 39 SCHOONER LANE --LOT 11 HYANNIS 273 204 015 ✓ 40 SCHOONER LANE---LOT 18 HYANNIS 273204005 v 49 SCHOONER LANE--LOT 10 HYANNIS 273 204 014 ✓ 50 SCHOONER LANE--LOT 19 HYANNIS ?73 204 006 59 SCHOONER LANE---LOT 9 HYANNIS ?73 204 013 v 60 SCHOONER LANE---LOT 20 _ y 0T3 HYANNIS ?73 204 007 / 69 SCHOONER LANE--LOT 8 HYANNIS ?73 204 012 70 SCHOONER LANE -•-LOT 21 HYANNIS !73 204 008 / 79 SCHOONER LANE --- LOT 7 HYANNIS !73 204 011 ✓ 80 SCHOONER LANE--LOT 22 HYANNIS ?73 204 009 V 89 SCHOONER LANE---LOT 6 — `�OB HYANNIS !73 204 010 ✓ 90 SCHOONER LANE--LOT 2-3 HYANNIS ?72 202 ✓.99 SCHOONER LANE --- LOT 5 HYANNIS !72 207 ✓ 100 SCHOONER LANE -- LOT 24 HYANNIS '72 203 / 109 SCHOONER LANE --- LOT 4 HYANNIS 172 208 / 110 SCHOONER LANE— LOT 25 HYANNIS '72 204 ✓ 119 SCHOONER LANE --- LOT 3 — yD-D HYANNIS 72 209 / 120 SCHOONER LANE--- LOT 26 HYANNIS ,72205 ✓ 129 SCHOONER LANE-- LOT 2 HYANNIS 72 210 ✓ 130 SCHOONER LANE -- LOT 27 HYANNIS J 07 17Al N 311 P- R,adEng neering r Page 2 of 2 272 211 J 140 SCHOONER LANE —LOT 28 HYANNIS 272 LOG 141 SCHOONER LANE,.--LOT 1 HYANNIS 272 056 006 150 SCHOONER LANE—LOT 29 - Ll U j3 HYANNIS 'an 2 ?Q01 6P I No 311 N. i Town of Barnstable . � Engineering Division 367 Main Street,Hyan-14S MA02601 Office: We-W2-4088 Robiart X Surgmann, FaX, 5OM62-4711 Town Engineer For E-911 ADDRIES11ING, ROAD OPEN PERMITS] MAPPING: taxNOTE: WES SITE: hftp.-/Itown.barnqtabIe.ma.us Tw N ( FOM; EMnk Schlegel,Egli &Records Manager plume'. Date: RO: ©Urgeni ❑ For Review 0 Please Comment o ptoose Reply C7 Plause Reacycie i l - z �t Bk 21233 Pg 1:41 #48607 Town of Banistable--Plinning Board Schooner Village-PlAHD special Peeniit Decision and Notice • No. 6—Definitive Subdivision—a Reduced copy of a the proposed subdivision plan entitled "Schooner Village;(Subdivision#813)Definitive Plan Subdivision of Land in Barnstable (Hyannis),MA prepared for Schooner Village Realty Trust',dated August 18,2005,as drawn by Down Cape Engineering,Inc.,Civil Engineers/Land Surveyors; No.7—Site Development Plan—Typical Home Landscaping Plan-An overall plan showing the r, proposed division of the entire site into.a total of 29 lots and proposed location of the dwellings. An illustrated site plan is included as well as a plan entitled"Typical Home Landscape Plan" illustrating typical landscaping to be installed on each developed lot; • No. 8_Architectural plans consisting of eight(8)sheets showing the proposed front elevations and floor plans of the dwellings to be built on the property. The Plans are identified as follows: . • Lexington I,a two-story,1625 sq.ft.,three-bedroom,single4amily dwelling • Lexington U,a 1.5-story, 1966 sq.ft.,three-bedroom,single-family dwelling • Nantucket I,a two-stoty, 1,665 sq.ft.,three-bedroom,single-family dwelling • Nantucket H,a two-story, 1,606 sq.ft.three-bedroom,single-family dwelling • Vineyard(aka Chelmsford),a one-story, 1,248 sq.ft.,three-bedroom,single-family dwelling u. • Cranbrook,a'one=story, 1,500 sq.ft.three-bedroom,single-family dwelling • Concord I a two-story, 1777 sq.ft.three-bedroom,single-family dwelling,.and • Concord II a two-stbry, 1980 sq.ft.three-bedroom,single-family dwelling e • No.9 -Copy of Schooner Village,Specification for the Market Homes and Specifications for Affordable Homes; • No. 10-Hojhe Distribution Plan—a table identifying the type of home to be developed on which lot in the subdivision,and those to be committed as affordable; • No. 11:—Proposed Phasing Plati; • No. 12.—Copy of the proposed"Declaration of Protective Covenants for"Schooner Village"; • No. 13-Copy of Declaration of Trust Establishing Schooner Village Realty Trust; • No. 14—Environmental Analysis Form;and • No. 15—Proposed Regulatory Agreement&Deed Rider for Ownership Project. 2. A copy of a seven(7)sheet set of plans entitled"Schooner Village,(Subdivision#813)Definitive Plan Subdivision of Land in Barnstable(Hyannis),MA prepared for Schooner Village Realty Trust",dated August 18,2005,as drawn by Down Cape 1;ngineering,Inc.,Civil Engineers/Land Surveyors; 3. A copy of an October 28,2005,Staff Report-General Background with Respect to PIAHD, inclusive of attachments; 4. A copy of an October 28,2005;Staff Report,Subdivision#813—Schooner Village; 5. A November 18,2005 Draft Comments as submitted by Stephen Seymour P.E.,Growth Management Department on Schooner Village Subdivision#813; 3 '�- _'S`c�tioner_Villa a Hbme-Distribution -� - �;; , Schtioner.,Vi11a e, ,., S .Feet-T e Affordable .Market _ Vin and-Chelm 1248-Ranch 3 2 Cranbrook 1500-Ranch 3 Nantucket fl 1606-Cape 3 FinI 1625-Ca e 3 I 1668-Cape 3 2 1777-Ca e 3 Il1966-Ca e4 - 3 I 1980- ae 6 23 Schooner Village.. ; w t � r� i7f'dr .See DeC1S1UI1 1 Nantucket 11 Market Unit Right 2 Concord H Market Unit Right 0 ®Nantucket I Affordable Unit None 4 Lexington 11 Market Unit Right . 5 Concord I Market Unit Right 6 ®Vineyard !Market fordable Unit None 7 Cranbrook-mirrored UnitLeft g Lexington 11 arket UnitRight ILAJ r Right 9 Concord H arket Unit 10 Nantucket H Market Unit Right ' 11 Concord I Market Unit Right 12 Vineyard Market Unit Right 13 Concord I Market Unit Right 14 Cranbrook-mirrored Market Unit Left None 15 ®Nantucket I mirrored Affordable Unit F Concord II Market Unit Right Nantucket I Affordable Unit None -- Cranbrook Market Unit Right 18 19 Lexington II Market Unit Right 20 ®Vineyard Affordable Unit None 21 Nantucket 1 Market Unit Right 22 Lexington I Market Unit Right 23 Nantucket I Market Unit Right 24 Lexington I Market Unit Right - 25 Nantucket H Market Unit Right 26 Vineyard Market Unit Right 27 Lexington I Market Unit Right " 28 Concord I Market Unit Right 29 ®Vineyard Affordable Unit None d ( I ' Bayberry Bayberry Building Company, Inc. 1597 Falmouth Road, Suite 4, Centerville, Massachusetts 02632 f— Telephone(608)775-8822 Fax(508)771-2116 December 1, 2006 Mr. Thomas Broadrick, Planning 200 Main Street Hyannis, MA 02601 RE: Lot#s Schooner Village Dear Mr. Broderick: I write to inform you of a correction to the lot numbers for the affordable homes for the Schooner Village development. During negotiations we were asked to provide a sample as to the location of the affordable homes. We gave those for this development as Lots 2, 5, 14, 17, 20 & 29 and identified those lots on a preliminary concept plan. At that time lots were labeled 1 through 29 beginning with 1 "at the Pitchers Way entrance" and ending back there with 29. The homes were laid out on the plan from the beginning as intended and have been consistently on those lots through approval. The problem I recognized the other day is when Down Cape Engineering numbered the lots for final application submital they reversed the lot numbers so Lot 1 began at the Buckwood Drive end. It didn't change the location of the affordable homes as originally plotted but did change the lot numbers. If you look at Lot 16 as Lot 1 and count down the row 2, 3, 4, etc. you will see that the affordable homes still currently shown and approved on those lots are consistent with the lot numbering for the affordables as originally proposed when in negotiation. If you look and compare the "Site Development Plan", tab 7, and the "Home Distribution Plan", tab 10, you will see the discrepancy. As a reminder, the name of the Chelmsford design was changed to the Vineyard. The correct numbering for the affordable homes are Lots 3, 6, 15, 17, 20 &29 and is consistent with the site development plan. With the re-numbering of the Lots from the other end these lot numbers for the affordables were incorrectly noted on the decision. I have attached a correction as to lot numbers in a new Home Distribution table.. The number and style of affordables remains the same. I will also include a copy of this in a master file for the Building Department. As to the decision, I will need to know whether this _ would require a modification to the decision or can be done as a scribner's error. Please let me know your preference. Very truly yours, / pf a-MoOf I LYa Z, ;Luo6 Jacques N. Morin, Trustee /Hopi cA ioM A/r1"'-R of v10W' 4vK /OTL AIPPX PXt Schooner Village Realty Trust �+ !� J Enclosure (1) Cc: Ruth Weil, Laura Schufelt,Tom Perry Perry, Tom From: Broadrick, Tom Sent: Thursday, December 28, 2006 5:03 PM To: Seymour, Steve; Perry, Tom; Burgmann, Bob; Weil, Ruth Subject: Fw: Schooner Village Fyi -----Original Message----- From: Keijser, Hans <Hans.Keijser@town.barnstable.ma..us> To: Broadrick, Tom <Tom.Broadrick@town.barnstable.ma.us> Sent: Thu Dec 28 16:58:46 2006 Subject: Re: Schooner Village Hi tom, water utility work is substantially complete for schooner village. Some minor details are remaining to be dealt with next week. It is a go ahead for water. Hans -----Original message----- From: Broadrick, Tom <Tom.Broadrick@town.barnstable.ma.us> To: Perry, Tom <Tom.Perry@town.barnstable.ma.us>;, Weil, Ruth <Ruth.Weil@town.barnstable.ma.us>; Seymour, Steve <Steve.Seymour@town.barnstable.ma.us>; Keijser, Hans <Hans.Keijser@town.barnstable.ma.us>; Burgmann, Bob <Bob.Burgmann@town.barnstable.ma.us> Sent: Thu Dec 28 16:37:10 2006 Subject: FW: Schooner Village Steve's outstanding issues: Nstar. . .totally complete in neighborhood but needs to be hooked up to the power grid. . . necessary for foundation work?; Telephone. . .Verizon and Comcast pull their own wires, not the developer so not an issue; Sewer. . .Bob Burgmann still working with Jacques on this. . .but if there is no water, what is the issue? We are trying to get "foundation" permits only on 10 lots in 2006. . .the developer has no interest in leaving 19 lots unbuilt and walking away from less than $120, 000 worth of work remaining, he could pay for that with the sale of one lot. . .I think we are safe. Thanks, Tom -----Original Message--- From: Weil, Ruth Sent: Thursday, December 28, 2006 4 :16 PM I _ To: Seymour, Steve Cc: Broadrick, Tom; Perry, Tom; Smith, Robert; Keijser, Hans; Burgmann, Bob Subject: Re: Schooner Village Dear Steve- Before Tom Broadrick signs off on behalf of GMD to enable the 10 foundation permits to be released, I want to verify rthat all items on your checklist have been 4 satisfied. Thanks so much for your efforts on this. I am sorry that this consumed part of your vacation. Have a happy New Year. Ruth -----Original Message----- From: Seymour, Steve <Steve.Seymour@town.barnstable.ma.us> To: Jacques Morin <bayberrybuilding@comcast.net> CC: Broadrick, Tom <Tom.Broadrick@town.barnstable.ma.us>; Perry, Tom <Tom.Perry@town.barnstable.ma.us>; Smith, Robert <Robert.Smith@town.barnstable.ma.us>; Weil, Ruth <Ruth.Weil@town.barnstable.ma.us>; Keijser, Hans <Hans.Keijser@town.barnstable.ma.us>; Burgmann, Bob <Bob.Burgmann@town.barnstable.ma.us> Sent: Thu Dec 28 11:15:08 2006 Subject: RE: Schooner Village Jacque, et al: I talked to David Lentini from com electric and he does not know the status of the 1 electric in the subdivision. Lentini has a voice mail call into his construction inspection office. I have a voice mail message into Kevin at KOBO. My guess is that the conduit and wires are installed in the subdivsion itslef but the conection to the pole accross Pitchers Way is not installed. If that proves to be the case then perhaps this work could be secured by the developer. NSTAR has received money to install a new pole on Pithers Way. I don't think the conduit to the new pole accross Pitcher's Way is installed yet. I beleive that would be the responsibility of the developer. Perhaps this work could be secured with securtiy if it cannot be done until the pole is in. I will update you when I hear back from KOBO and NSTAR. We should wait on the signoff until we can get confirmation from NSTAR on the status. What is the status of the telephone lines? Is that settled? Have these conduits been inspected? Has any corespondence come from the sewer devision? My last corespondecn indicated some remaining issues here. Steve -----Original Message----- From: Jacques Morin [mailto:bayberrybuilding@comcast.net] Sent: Wed 12/27/2006 9:54 PM To: Seymour, Steve Cc: Broadrick, Tom; Perry, Tom; Smith, Robert; Weil, Ruth; Keijser, Hans Subject: Re: Schooner Village Steve, the electric was completed last friday and both the primarys and secondarys are pulled. Nstar has been paid for their pole work which you can confirm with David Lentini. They take it from there. You can also confirm installation with the installer Kevin O'Neil - KOBO Utilities at 774-836-8916 or perform a visual inspection yourself. The decision of the Planning Board does not indicate that the electric has to be on to pull foundation permits. Para. 16. of the decision indicates the homes must be connected to all utilities before an occupancy permit issues. I believe we comport with all other requirements. Thanks, Jacques Seymour, Steve wrote: >Tom, I spoke to Lintini last week, the electric was not complete. I >will email lintini and copy you regarding nstar. Steve > >-----Original Message----- >From: Broadrick, Tom >Sent: Wed 12/27/2006 3 :02 PM >To: Seymour, Steve; Perry, Tom; Smith, Robert; Weil, Ruth; Keijser, >Hans >Cc: 'bayberrybuilding@comcast.net' >Subject: Re: Schooner Village >Steve et al, I am sitting here with Jacques discussing the project. . .all conduit for Comcast and Verizon is in and electrical for Nstar is all pulled. He says you spoke with Dave Lintini about this for Nstar. Hans got water info onThursday or Friday last week and it appears all is going well. I am going to complete the lot release forms for Jacques to pick up tomorrow so that he can be issued his building permits before Dec 31st. . .he already has paperwork filed to apply for them. Bob Smith will call Tom Perry tomorrow morning to let him know all seems to be set on legal issues. So, looks like Tom Perry can issue foundation permits which then requires a certified plan before vertical construction can be issued. Any one with any other issues, please let me know before Noon tomorrow. Thanks, Tom >-----Original Message----- >From: Seymour, Steve <Steve.Seymour@town.barnstable.ma.us> >To: Broadrick, Tom <Tom.Broadrick@town.barnstable.ma.us>; Perry, Tom ><Tom.Perry@town.barnstable.ma.us> 2 f� >CC: Keijser, Hans <Hans.Keijser@town.barnstable.ma.us>; Burgmann, Bob <Bob.Burgmann@town.barnstable.ma.us>; 'Jacques Morin' <bayberrybuilding@comcast.net> >Sent: Wed Dec 27 10:45:12 2006 >Subject: RE: Schooner Village >Tom, >We should get confirmation from the Utilities that their facitiites are >substantially complete and that a homeowner (who could purchase a >released lot) could obtain service if they requested it. Have Jacques >obtain the written confirmation from nstar, verizen, and comcast. - by >fax or email to you would be okay. >we need verification that the water and sewer are substantially complete and ready to operate should a home owner (who could purchase a released lot) request it. >If there is work that prevents a utility from being "substantaill >complete" and ready to be used then perhaps this work could be secured by posting security through the utility company. >There is some documentation that we do not have yet on the raodway work >regarding the testing of the road installation by an independent testing lab. >Steve >-----Original Message----- >From: Broadrick, Tom >Sent: Wed 12/27/2006 9:24 AM >To: Perry, Tom >Cc: Seymour, Steve; Keijser, Hans; Burgmann, Bob; 'Jacques Morin' >Subject: Schooner Village > I >Tom, >Jacques called yesterday. He would like to get his lot releases for >the 10 lots in Schooner. He says all the electrical is in, conduit for >all other utilities is in and that some of the service providers pull >their own 'wires' and some have the developer do it but he says he is >up to speed. I don't know yet for sure if there is water flowing >through the mains to the hydrants but by copying Hans on this I hope he >responds. Anything else you need? He is waiting on a call back. >Tom B >Thomas A. Broadrick, AICP >Director of Regulatory Review >Growth Management Department >Town of Barnstable >200 Main Street >Hyannis, MA 02601 >tom.broadrick@town.barnstable.ma.us 3 BIKE Qn BAMS ABLE. ' MASS. �prED MP'�A Town of Barnstable Planning Board Decision and Notice (Schooner Village--(Subdivision-$13) Special Permit Section 240-17.1 -Private-Initiated Affordable Housing Development (PIAHD) Summary Granted With Conditions Applicant: Schooner Village Realty Trust,Jacques Morin,Trustee Property Address: Pitchers Way and 24 Buckwood Drive,Hyannis,MA Assessor's Map/Parcel: Map 273 Parcel 204&Map 272 Parcel 056-006 Zoning: Residence C-1 &Groundwater Protection Overlay Districts Development Permitted: Creation and development of a 29 lot single-family subdivision pursuant to Section 240-17.1 -Private- Initiated Affordable Housing Development(PIAHD)on 8.58 acres. Access to the subdivision is from Pitcher's Way and from Buckwood Drive. All lots front and access on the proposed roadway Schooner Lane. Six(6)of the proposed dwellings are to be dedicated in perpetuity as affordable units,sold to qualified households earning less than 80%of the area median income and three(3)shall be priced not to exceed 76%of the area median income and three(3)shall be priced not to exceed 70%or the area median income which shall then conform with standards of Massachusetts Department of Housing and Community Development. APPLICANT: The applicant is Jacques N. Morin, Trustee of Schooner Village Realty Trust. The address of the Trust is 1597 Falmouth Road(Route 28) Suite 4, Centerville, MA 02632. The Trust was created by a Declaration of Trust signed by the applicant and dated September 14, 2005. RELIEF REQUESTED: The applicant applied for issuance of a special permit pursuant to Section 240-17.1 - Private-Initiated Affordable Housing Development(PIAHD) of the Code of the Town of Barnstable. Section 240-14 D(2) of the Code specifically authorizes the Planning Board to issue a PIAHD special permit in the Residential C-1 Zoning District. In submitting that application for the Private-Initiated Affordable Housing Development special permit, the applicant has cited additional waivers requested from the Subdivision Rules and Regulations, specifically: • Section 801, Design Standards, to reduce the right-of-way from the required 50-feet to 40-feet wide, and to reduce the roadway centerline radius near the intersections from the required 150 feet to 70-feet; • Section 801-27C(4)to allow deep sump hooded catch basins in lieu of grass-lined swales; • Section 801-27 C(9)to allow for additional leaching pits in lieu of excavated storm water storage areas for the 100 year storm event; • Section 801-30 &47 to eliminate Cape Cod berms on the roadways; • Section 801-63 to waive fees for the affordable lots and to reduce fees for all other lots; and • Waiver of securities including bond, cash, and covenants Town of Barnstable—Planning Board Schooner Village-PIAHD Special Permit Decision and Notice And, as provided for in Section 240-17.1 —PIAHD, the applicant also sought waivers from; • Section 240-110 to 122 Growth Management; and • Section 240-17.1 Special permit fees The application cited an additional request for waiver from Section 9-1 through 9-16 of the Code of the Town of Barnstable. That section is the Inclusionary Affordable Housing provisions of the General Ordinances of the Town. The Planning Board is not authorized to waive any of those Inclusionary Affordable Housing provisions. LOCUS: The development is located on two parcels totaling 373,770 sq. ft. or 8.58 acres. The larger lot is shown as an 8.35-acre lot on a plan entitled"Plan of Land in Barnstable, Hyannis, Mass. for Elise M. Otis," recorded in the Barnstable County Registry of Deeds in Plan Book 306, Page 91. The smaller lot of 0.227 acres is shown as Lot 6 on a plan entitled"Plan of Land in Hyannis, Barnstable, Massachusetts for Ernest Marino,"recorded in the Barnstable County Registry of Deeds in Plan Book 379, Page 66. The lots are shown on Assessor's Map 273 as parcel 204, and on Assessor's Map 272 as parcel 056- 006. Title to the land was transferred to Jacques N. Morin as recorded on March 9, 2004 in the Barnstable Registry of Deeds in Book 18300,page 82 (copy of the recorded deed is attached). The locus is zoned Residential C-1. DOCUMENTS AND OTHER INFORMATION SUBMITTED: The following information has been submitted to the file: 1. A copy of an application package of materials entitled"Schooner Village Application— Subdivision Approval & Special Permit", submitted by the applicant as an alternative development plan, date- stamped October 13, 2005 at the Town of Barnstable Town Clerk's Office and including the following numbered items: • No. 1 -Project Narrative Statement entitled"Schooner Village"; • No. 2—Form C— Subdivision Rules & Regulations—Application for Approval of a Definitive Plan; • No. 3 —PI-AHD Special Permit Application; • No. 4—List of Requested Waivers -An August 18, 2005 letter to the Planning Board from Daniel A Ojala, PLS, EIT, Down Cape Engineering, Inc., listing waiver request Schooner Lane; • No. 4 - Copy of the October 17, 2005 Order of Remand issued to Settlers Landing Realty Trust. The remand issued cites that it is based upon the Stipulation of Settlement and Stay dated November 18, 2005 —also commonly referred to as the "Agreement"; • No.5 - Copy of Private Initiated Affordable Housing Development(PIADH) as approved by Town Council November 18, 2004; 2 i Town of Barnstable—Planning Board Schooner Village-PIAHD Special Permit Decision and Notice • No. 6—Definitive Subdivision—a Reduced copy of a the proposed subdivision plan entitled "Schooner Village, (Subdivision# 813)Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA prepared for Schooner Village Realty Trust", dated August 18, 2005, as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; • No. 7—Site Development Plan—Typical Home Landscaping Plan- An overall plan showing the proposed division of the entire site into a total of 29 lots and proposed location of the dwellings. An illustrated site plan is included as well as a plan entitled"Typical Home Landscape Plan" illustrating typical landscaping to be installed on each developed lot; • No. 8 - Architectural plans consisting of eight(8) sheets showing the proposed front elevations and floor plans of the dwellings to be built on the property. The Plans are identified as follows: • Lexington I, a two-story,1625 sq.ft., three-bedroom, single-family dwelling • Lexington 11, a 1.5-story, 1966 sq.ft., three-bedroom, single-family dwelling • Nantucket I, a two-story, 1,665 sq.ft., three-bedroom, single-family dwelling • Nantucket 11, a two-story, 1,606 sq.ft. three-bedroom, single-family dwelling • Vineyard(aka Chelmsford), a one-story, 1,248 sq.ft., three-bedroom, single-family dwelling • Cranbrook, a one-story, 1,500 sq.ft. three-bedroom, single-family dwelling • Concord I a two-story, 1777 sq.ft. three-bedroom, single-family dwelling, and • Concord 11 a two-story, 1980 sq.ft. three-bedroom, single-family dwelling • No. 9 - Copy of Schooner Village, Specification for the Market Homes and Specifications for Affordable Homes; • No. 10 - Home Distribution Plan—a table identifying the type of home to be developed on which lot in the subdivision, and those to be committed as affordable; • No. 11 —Proposed Phasing Plan; • No. 12—Copy of the proposed"Declaration of Protective Covenants for"Schooner Village"; • No. 13 —Copy of Declaration of Trust Establishing Schooner Village Realty Trust; • No. 14—Environmental Analysis Form; and • No. 15 —Proposed Regulatory Agreement&Deed Rider for Ownership Project. 2. A copy of a seven(7) sheet set of plans entitled"Schooner Village, (Subdivision# 813) Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA prepared for Schooner Village Realty Trust", dated August 18, 2005, as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; t 3. A copy of an October 28, 2005, Staff Report- General Background with Respect to PIAHD, inclusive of attachments; 4. A copy of an October 28, 2005, Staff Report, Subdivision# 813 — Schooner Village; 5. A November 18, 2005 Draft Comments as submitted by Stephen Seymour P.E., Growth Management Department on Schooner Village Subdivision# 813; 3 r Town of Barnstable—Planning Board Schooner Village-PIAHD Special Permit Decision and Notice 6. A November 14, 2005 letter from Laura Shufelt, Chairman Barnstable Housing Committee to Planning Board Chairman David Munsell,providing a preliminary review and including an attachment calculating that the sales price of the affordable units should be $142,644 based upon being priced to be affordable at 70% income level of the Bamstable/Yarmouth MSA; 7. A November 23, 2005 Memorandum to the Panning Board from Stephan Seymour P.E., Growth Management Department providing definitive Plan Comments; 8. A letter dated November 15, 2005 from Hans Keijser, Interim Supervisor, Water Supply Division, Town of Barnstable Department of Public Works providing basic standards for water supply; 9. A copy of a January 06, 2006 letter to Daniel A. Ojala Down Cape Engineering from Robert Burgmann, Town Engineer with regard to the sewer easement; PROCEDURAL SUMMARY: This application was filed at the Town Clerk's Office and at the Office of the Planning Board on October 13, 2005. A public hearing before the Planning Board was duly advertised in the Cape Cod Times on October 31, 2005 and again on November 7, 2005 and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened November 14, 2005 and continued to November 28, 2005; December 12, 2005; January 6, 2006; January 23, 2006; February 6, 2006; February 27, 2006; and to March 13, 2006 at which time the Planning Board found to grant the Special Permit subject to conditions. Board Members hearing and deciding this appeal were: Chairman David Munsell; Vice-Chairman Felicia Penn; A. Roy Fogelgren, Clerk, Raymond Lang, Marlene Weir, Steve Shuman and Patrick Princi. Attorney Michael D. Ford represented the applicant through-out the public hearing process. Trustee Jacques N. Morin was present as was the project engineer, Daniel Ojala of Down Cape Engineering, Inc., Yarmouthport, MA. FINDINGS OF FACT: At the March 13, 2006 conclusion of the public hearing, the Planning Board voted to find the following findings of fact with regard to the Schooner Village PIAHD special permit request: 1. On November 18, 2004, Barnstable Town Council amended Section 240-14 of the Zoning Ordinance providing for a Private Initiated Affordable Housing Development(PIAHD)pursuant to Section 240-17.1 and subject to a Special Permit from the Planning Board; 2. On October 13, 2005, Jacques N. Morin, as Trustee of Schooner Village Realty Trust submitted an application to the Planning Board Office for a PIAHD Special Permit for the proposed development"Schooner Village". The application proposes the development of 29 single- family dwellings on a 29 lot subdivision located on 8.58 acres to be accessed from Pitcher's 4 I Town of Barnstable—Planning Board -Schooner Village-PIAHD Special Permit Decision and Notice Way and from Buckwood Drive. Six (6) of the dwellings are to be dedicated in perpetuity to affordable units, sold to qualified households earning less than 80% of the area median income; 3. A definitive Subdivision Plan#813 was also submitted with the application. That definitive plan was submitted without the benefit of a preliminary subdivision plan presentation and review; 4. The locus is composed of two parcels totaling 8.58 acres. The lots are shown on Assessor's Map 273 as parcel 204, and on Assessor's Map 272 as parcel 056-006. The larger 8.35-acre lot is shown on a plan entitled"Plan of Land in Barnstable, Hyannis, Mass. for Elise M. Otis," recorded in the Barnstable County Registry of Deeds in Plan Book 306, Page 91. The smaller 0.227-acre lot is shown as Lot 6 on a plan entitled"Plan of Land in Hyannis, Barnstable, Massachusetts for Ernest Marino,"recorded in the Barnstable County Registry of Deeds in Plan Book 379, Page 66. Title to the land was transferred to Jacques N. Morin as recorded on March 9, 2004 in the Barnstable Registry of Deeds in Book 18300,page 82; 5. Section 240-17.1 D of the PIAHD cites standards that must be met in order to be eligible for consideration for the special permit. The locus is entirely zoned Residential C-1 and contains the minimum seven acres of contiguous upland. Plans for the development have been submitted that: • proposes connecting all the dwellings to public water and to the municipal wastewater treatment facility; • shows the creation of 29 lots conforming to the minimum bulk regulation for the PIAHD; • illustrates that the proposed dwellings can be located on the lots in conformity to the required setbacks; and • provides a minimum of two on-site parking spaces for each lot. Plans for the development comply with applicable standards of the Planning Board's Subdivision Rules and Regulations, except as requested to be waived by the applicant. The applicant meets those minimum standards to be eligible for the grant of a special permit; 6. The applicant has designated six(6) of the proposed twenty nine (29) dwelling to be committed to affordability in perpetuity in compliance with the PIAHD minimum requirement that 20%of the dwelling units be affordable units. The affordable units are not segregated within the subdivision and satisfy the design and construction standards and guidelines of the Local Initiative Program, 760 CMR 45.00, with regard to distinguishability from market rate units; 7. A proposed deed rider and a proposed monitoring agreement for the affordable units have been drafted in compliance with 760 CMR 45.00 Local Initiative Program(LIP) and guidelines promulgated thereunder, and submitted with the application. Those documents: • assure the affordable restriction will survive any and all foreclosures; • provide for continuing enforcement of the deed rider in subsequent resale of the affordable units; 5 I Town of Barnstable—Planning Board Schooner Village-PIAHD Special Permit Decision and Notice • conform to the standards of the Department of Housing and Community Development A (DHCD) for inclusion in the DHCD Subsidized Housing Inventory; • provide a right of first refusal upon the transfer of any affordable unit to the Town or its designee for a period of not less than 120 days; 8. A Local Initiative Program(LIP) application for the development was submitted to the Department of Housing and Community Development(DHCD). On January 23, 2006 a letter from Marilyn Contreas, Senior Program and Policy Analyst at DHCD was received and entered into the file. That letter, issued as a site approval/project eligibility letter, qualifies the six (6) affordable units as being eligible for the inclusion in the Affordable Housing Inventory under 760 CMR 45.00; 9. The applicant has submitted a phasing plan in the application as provided for in Section 240- 17.1D7. That plan has lumped together this proposed development along with a second 29-unit proposed PIAHD "Settlers Landing 11" and a third 20-unit proposed comprehensive permit application"Settlers Landing I". The applicant's phasing plan requests an annual of 25 building permits during years 2006, 2007 and 2008 and 3 building permits in year 2009. The Planning Board's role with regard to the 20-unit"Settlers Landing 1" comprehensive permit application is advisory only to the Zoning Board of Appeals. Staff has recommended that for monitoring purposes each of the PIAHD developments be issued their own phasing plans and not lumped together. Buildout of Schooner Village requires the issuance of twenty three (23) market rate and six(6) affordable rate building permits. Section 240-17.1E7 of the PIAHD requires the building and occupancy permit be issued at the rate of one affordable unit for every four market rate units. Growth Management provisions Section 240-110 through 122 now limits the number of Market Rate building permits to an annual total of 96 permits. In the case of Affordable rate permits 139 unused permits have accumulated and if necessary affordable rate permits can be advanced from future years. Only the market rate permits need be committed in the Phasing Plan; 10. The Barnstable Housing Committee has reviewed the materials submitted and comments were received from them on November 14, 2005 expresses concern for the pricing of the affordable units, garages and visitabilty standards for some of the units. At the public hearing the Barnstable Housing Committee and the applicant recommended to the Planning Board that three (3) of the affordable units be sale priced at 76% of the area median income and that three(3)be priced at 70% of the area median income. MassHousing and the Town have always maintained that the sales prices of the affordable units be based upon the assumption that the buyers have a maximum household income of 70%of the HUD area median income. The Local Initiative Program Project eligibility letter cites that less than 80%would be required; 11. In summary, the proposed Pl-AHD with conditions to be imposed herein will: • Comply with all applicable Subdivision Rules and Regulations, the Zoning Ordinance and the requirements of PIAHD Section 240-17.1 except as they are to be waived by the Board; 6 Town of Barnstable—Planning Board Schooner Village-PIAHD Special Permit Decision and Notice • Provide six(6) affordable units in perpetuity and consistent with the requirements of the PIAHD; • And, will not cause substantial detriment to the neighborhood as the proposed development shall be that of single-family dwellings on individual lots at a density of development similar to that of the existing neighborhood. In addition, all units shall be connected to municipal wastewater treatment. DECISION: Based upon the findings a motion was duly made and seconded to grant the special permit subject to the following conditions and restrictions: 1. This special permit is issued for 29 lots in Subdivision# 813 - "Schooner Village" and for the development of 29 smgle-fa`milyldwelli=n=gs within theysuWivisio �Sx`(6)of the 29 dwellings shall Abe dedicated in perpetuity as affordable dweliingyunits.reseryed_or ownership in accordance with paragraph 5 below. This permit is issued in accordance with and subject to all requirements of Section 240-17.1, Private-Initiated Affordable Housing Development(PIAHD) of the Code of the Town of Barnstable(a copy of which is attached and made a part of this decision). Subdivision Plan # 813 shall only be implemented as authorized herein and all rights in that subdivision are subject to full compliance with the terms and restrictions of this decision; 2. The development shall be constructed in accordance to plans submitted consisting of I I-sheets cited hereafter with the exception they shall be modified as conditioned herein: The plans submitted are: I • A Subdivision Plan consisting of 2 sheets entitled"Schooner Village, (Subdivision# 813) Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA prepared for Schooner Village Realty Trust" dated August 18, 2005, as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; • A plan consisting of a single sheet illustrating the proposed location of the dwellings on the subdivision lots entitled"Schooner Village, Site Development Plan in Barnstable (Hyannis), MA prepared for/Applicant Schooner Village Realty Trust", dated August 18, 2005 as drawn by Down Cape Engineering, Inc.,with changes, if any, in the location of affordable/market units to be noted on a subsequent plan; • A prototypical landscaping plan consisting of 1 Sheet entitled"Schooner Village Site Development Plan—Supplement Typical Home Landscape Plan in Barnstable (Hyannis), MA," dated August 18, 2005, as drawn by Down Cape Engineering, Inc.; • A Geographic Coordinates Plan of the Subdivision consisting of 2 sheets and denoted as Sheets B and entitled"Schooner Village, (Subdivision# 813) Definitive Plan Subdivision of Land in 7 Town of Barnstable—Planning Board Schooner Village-PIAHD Special Permit Decision and Notice Barnstable (Hyannis), MA prepared for/Applicant Schooner Village Realty Trust", dated August 18, 2005, as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; • A Utility Plan consisting of 2 sheets entitled"Schooner Village, (Subdivision# 813) Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA prepared for/Applicant Schooner Village Realty Trust", dated August 18, 2005, to be revised to depict the entrance islands as shown on two detailed sketch plans and the relocation of drainage structures as shown on four detailed sketched plans, all details as submitted on March 13, 2006 and as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; • A set of 3 sheets entitled Plan and Profile for Schooner Village a Residential Community on Land in(Hyannis)Barnstable, MA prepared for Schooner Village Realty Trust" dated August 18, 2005, to be revised to depict the entrance islands as shown on two detailed sketch plans and the relocation of drainage structures as shown on four detailed sketched plans, all details as submitted on March 13, 2006 and as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; 3. Garages shall be installed in full conformity with Item 12d of the November 18, 2004 Stipulation of Settlement and Stay that states "upon the construction j a sixteenth garage-on a� mar-ket-rate-unit-..._:_and each subsequent garageTcoristructed'on a markerate nit theereafter_shall� createya--requirement for the pa phcant,to cons_tructTa garage for an affordable unity rlt",,Prio issuance of the.first,occupancy permit for the Taut market rate'unit-in-theAevelopment;they fBuildiT g Co missioner shall determine whether the ratio of a ket rate_umts with garages'and: a'ffordahle-units-wi--hv.garages complies-with-the-first-sentence_of this-paragraph!C-If he Building Conunissioner finds thatthere is non-compliance;prior to the issuance of the occupancy permit cfo`r�the_last market rate unit;the applicant shall be required to c_on_strucf gel ages"ori the,applicable affordable units lacking garages at-his'sole'expen8e. In the sale of each affordable unit,the applicant shall make it clearly noted that should the requirement for a garage be triggered the applicant shall have that right to enter upon the property and construct at the applicant's expense the attached garage after the sale of the unit. Tu d t_,-he B'u`g Department-iri_ tracking the number, �of garage-units-constructed-or expaasiomof the Tdwellrng unit;the Planning Board'Offic �_ _ cm_o`nitor_compliance_with this condition; 4. Revised plans shall be submitted to the Planning Board Office for review prior to endorsement. No site clearing or grading shall occur until the Planning Board has endorsed the plans; 5. In conformance with the PIAHD regulations, as defined in Section 240-17.1 B, the applicant shall reserve in perpetuity 6 of the 29 dwellings (20% of the development) for ownership by a household earning less than 80% of area median income as follows: The affordable units shall be priced to conform with the standards of the Massachusetts Department of Housing and Community Development(DHCD) for ownership units set forth in 760 CMR 45.03(4). Three(3) of the affordable units be sale price not to exceed 76% of the median area income, and the other 3 affordable units priced so as not to exceed 70% of the median area income; 8 Town of Barnstable—Planning Board Schooner Village-PIAHD Special Permit Decision and Notice 6. All affordable units shall be restricted by a recorded deed rider and a monitoring agreement in compliance with 760 CMR 45.00 Local Initiative Program(LIP) and guidelines promulgated there under. The documents shall provide for all of the following: • That the affordable restriction will survive any and all foreclosures; • The continuing enforcement of the deed rider in subsequent resale of the affordable units; • Full conformity to the standards of the Department of Housing and Community Development ` (DHCD) for inclusion in the DHCD Subsidized Housing Inventory; • And, provide a right of first refusal upon the transfer of any affordable unit to the Town or its designee for a period of not less than 120 days; and • Item 0) of the draft deed rider submitted to the file shall be modified to reflect the required minimum of 120-day right of first refusal cited above. 7. The final deed rider shall be consistent with paragraph 6 above and shall be submitted for review and approval of the Town Attorney's Office prior to the issuance of a certificate of occupancy for any dwelling unit. The approved deed rider shall be filed at the Registry of Deeds at the time of the first closing on the unit; 8. The final monitoring agreement shall be submitted for review and approval of the Town Attorney's Office. The approved monitoring agreement shall be filed at the Registry of Deeds prior to the issuance of any building permit; 9. The dwellings to be developed within the subdivision shall be substantially in conformance to plans submitted to the Board and contained within the application, identified as: • Lexington 1, a two-story,1625 sq.ft., three-bedroom, single-family dwelling; • Lexington 11, a 1.5-story, 1966 sq.ft., three-bedroom, single-family dwelling; • Nantucket 1, a two-story, 1,665 sq.ft., three-bedroom, single-family dwelling; • Nantucket 11, a two-story, 1,606 sq.ft. three-bedroom, single-family dwelling; • Vineyard(aka Chelmsford), a one-story, 1,248 sq.ft., three-bedroom, single-family dwelling; • Cranbrook, a one-story, 1,500 sq.ft. three-bedroom, single-family dwelling; • Concord I a two-story, 1777 sq.ft. three-bedroom, single-family dwelling; and ' • Concord II a two-story, 1980 sq.ft. three-bedroom, single-family dwelling. The footprint of any dwelling unit may be expanded by up to 290 square feet but said 290 square feet shall be limited to a single story. 10. All dwellings shall have at minimum 1.5 bathrooms and developed to the specification or better submitted as Attachment 9 of the application entitled Specification for the Market Homes and "Specifications for Affordable Homes". All construction shall conform to all applicable Building codes and all applicable fire and health requirements, including the following: 9 Town of Barnstable—Planning Board Schooner Village-PIAHD Special Permit Decision and Notice • All 6 of the affordable rate units shall be in compliance with visitability as that term is defined below: Homes shall have 2 foot 8 inch door frames on all first floor interior door frames except closets, including I"floor bathroom door frames. In addition, all homes shall provide an exterior exit door of 36 inches leading to a wood platform with stairs. The top of the platform shall be placed directly under and abutting the bottom of that exterior door threshold. • 23 market rate units shall conform to the requirements above with the exception of the platform door way. 11. ®f the six_(6)-affordable units, three (3)hall-be of-the Nantucket I plan=2=story, 1;6657c ft tthree- bedroom single=family dwelling and thr e(3)of the V"meyard:(a`ka.Chelmsford)plan- one-story;' 1;248 sq:ft.;three-bedr-oom,_single7family dwelling. The-affordable,units-shall-be.located-on, - t _. Numbers_2;5;14;17;20,_and_29-as.labeled on theaubdivis`ion plans.reference—.,_�d;J 12. Section 240-17.1 of the PIAHD allows the applicant as part of the application for subdivision approval, to propose a phasing plan identifying the number of building permits requested to be issued in each year of the phasing plan. Th` e-PIAH1E regulations also_require the affordable units"1, shall'be_constru`cted-and-occupancy permits'issued=at-the-rate of one affordable unit for every four m�ar`ket rate units S'choo- -ne ULLi11ag ee r q iu res.23:market rate-permits=and=six_(6)=affordablerate� per-ants for bu ldout?As noted in the findings, only themar_ket rate-permits-need-to-beTreserved.:fo, -t�a ldout`of the_develo`pmerit-as-it is anticipated-thaf the-required-affordable-permits will-be a�allable. In any_subsequent year the applicaat'shall-be permittedgo apply fot and7be-issued.i available those permits reserved-but-not used:in,tle previous year For Schooner Village PIAHD, L_ __ _....___ the Board grants a phasing plan for the years 2006 to 2009 as follows: • In6 tthe a mumnumber,of market rate.p its issued shall not exceed 8-This commitment of 8Amarket rate.permlts.is made,-subject.to_.the PIAHD regulations`that 8'market rate permits-are°availab e to be issued at the time of the granting of the special permit, that date being the date of recording of this written decision at the Clerk's Office; • In 2007, the maximum number of market rate permits issued shall not exceed 8; and • In 2008, the maximum number of market rate permits issued shall not exceed 7. • After 2009 there shall be no commitment to phasing and any permits issued thereafter shall be in full conformance with Section 240-110 through 122 Growth Management Provision of the Code. Every permit allocated in the phasing plan shall be included as part of the yearly building permit allocations under § 240-114A and B. There shall be no extension of a building permit granted under a phasing plan, and any unused and/or expired permits shall be credited back as part of the adjustments under § 240-114D for the next calendar year; 10 Town of Barnstable—Planning Board Schooner Village-PIAHD Special Permit Decision and Notice 13. Application for Building Permits shall comply with all requirements of the Building Division; 14. No building permit shall be issued until all applicable permits and approvals for connection to the municipal wastewater treatment facility and for connection to the public water supply have been issued; 15. No building permit shall be issued until the roadway and utilities are installed to the satisfaction of the Building Commissioner for access and fire protection to the lot to be developed; 16. No occupancy permits shall be issued until the dwelling unit is connected to all utilities located underground, including electric, gas,public water and town sewers; 17. This Decision and the references Subdivision Plan# 813 shall be recorded at the Barnstable County Registry of Deeds. Prior to the commencement of construction, the Applicant shall provide the Planning Board and the Building Commissioner's Offices with documentation attesting to the recording of the Plan and Decision with all recording information thereon; 18. The following waivers from the Subdivision Rules and Regulations are granted: • Section 801, Design Standards, to reduce the right-of-way from 50-feet to 40-feey wide, and to reduce the roadway centerline radius near at the intersections from 150 feet to 70-feet, • Section 801-27C(4)to allow deep sump hooded catch basins in lieu of grass-lined swales, • Section 801-27 C(9)to allow for additional leaching pits in lieu of excavated storm water storage areas for the 100 year storm event, and • with respect to road inspections fees, to allow an initial deposit in the amount of$5000.00 with the Town of Barnstable to cover the costs of Subdivision Road Inspections. The balance to be returned to the applicant upon final inspection and said balance to be refreshed when depleted in an amount to cover expected further inspections. • No other waivers are granted or implied. The Vote was as follows Aye: David Munsell, Felicia Penn, A. Roy Fogelgren, Marlene Weir, Ray Lang, Steve Shuman, Patrick Princi Nay: None ORDERED A PIAHD Special Permit has been granted with conditions for the development of Schooner Village. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision in the 11 Town of Barnstable—Planning Board Schooner Village-PIAHD Special Permit Decision and Notice office of the Town Clerk. The applicant has that same right to appeal this decision as per Item 10 of the November 18, 2004, Stipulation of Settlement and Stay. A. Roy Fogelgren, Clerk Date Signed r. 1, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts,hereby certify that twenty(20) days have elapsed since the Planning Board 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 12 �.s IMME Tp Town of Barnstable Growth Management Department snsxseABM MAM �, Thomas A. Broadrick, AICP AT i639. aim 200 Main Street,Hyannis,Massachusetts 02601 Director of Regulatory Review Ep Mp2l Tel: (508) 862-4703 Fax: (508) 862-4983 www.town.bamstable.ma.us December 28, 2006 Tom Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 RE: Building Lots within Schooner Village (Subdivision # 813) - Special Permit 240-17.1 Private Initiated Affordable Housing Development (PIAHD) Dear Tom: The Special Permit granted to Jacques N. Morin, Trustee of Schooner Village Realty Trust notes that"waiver to securities including bond, cash, and covenants" was requested (page 1 of special permit) and that Condition 18 granted waivers (page 11), specifically for Subdivision Road Inspections, although there is no mention of a waiver for securities. The Planning Board, at its meeting of December 11, 2006 voted unanimously to allow 10 of the 29 lots within this Subdivision to be built upon: Lots 2, 3, 7, 8, 13, 17, 22, 23, 26 & 27 only. The Board allowed this action based upon satisfactory review of work to be completed before the end of the current year to allow for the applicant to take advantage of the "2006 Phase" of the building permits reserved for this development, specifically due to the affordable housing requirement that for every 5 houses built one needs to be affordable, i.e. 10 lot releases with 8 market and 2 affordable. The review of"work completed before the end of the current year" is satisfactory. The balance of the lots will be allowed to be built upon once the roadway is completed or a performance bond is posted in at least the amount of$173,000 which is the cost estimate of work yet to be done plus contingency.. have attached the Registry of Deeds recording information for the special permits and subdivision plans for Schooner Village and Settler's Landing, both of which are subject to the approved building permit "Phasing Plan". In addition, please note that while subdivision plans require a covenant to be recorded along with the plan, the recording of the Special Permit satisfied this requirement. The Planning Board's endorsed Lot Release form is also attached. Should you have any questions, please do not hesitate to contact me. Sincerely, Thomas A. Broadrick, AICP Director of Regulatory Revie Growth Management at 200 Main Settler's Landing — Schooner Village Recording Information DATE RECORDED: July 31, 2008 Barnstable County Registry of Deeds htt-P://www.berd.co.bamstable.ma.us/ Property. Document Book Page(s) Settlers Landing I Zoning Board Decision 21233 107 - 124 Settlers Landing I Endorsed Subdivision 610 93 Settlers Landing lI Planning Board Decision 21233 128 - 138 Settlers Landing II Endorsed Subdivision 610 94 Schooner Village Planning Board Decision 21233 139 - 150 Schooner Village Endorsed Subdivision 610 95 - 96 TOWN OF BARNSTABLE PLANNING BOARD FORM G RELEASE OF LOTS UNDER COVENANT Barnstable,Massachusetts: date I a « CS The undersigned,being an authorized agent of the Planning Board of Barnstable,Massachusetts,hereby certifies that the following lots owned by J r cc t•s w rv, \j ,�� i' ,securing the � p�rz�. �nvs-}ec) Z1�-33 i��(1So -bovop ated 3/z�_20 n 6 and recorded in Barnstable District Deeds,Book Page , sF and shown on a plan entitled" SC�aoNtc Y •���SP CS\A.A- S�csi �l3��i���• •�•'�'t• ��C.1 �•a� [1�iJ' s.r• z L Ct-1T�.:5 i�y� c�G�-� �e 5; "and recorded with said Deeds, Plan Book �1 u ,Pages"�L—�j4r-���ndfljttfy `,' `` r are hereby released sPe, .ro (Pa a—A from the restrictions as to sale and building specified in said,6ever�t Said lots are designated on said plan as follows: ! 3 f ` 2'L. 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