HomeMy WebLinkAbout4-36 DANVERS WAY ZBA DECISION - HABITAT FOR HUMANITY u-6 4 C 4
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Town of Barnstable
Zoning Board of Appeals
Comprehensive Permit Decision and Notice
Appeal 2002-120 - Habitat for Humanity of Cape Cod, Inc.
Danvers Way of Hyannis
Summary Granted with Conditions
Applicant: Habitat for Humanity of Cape Cod,Inc
Property Address: 4, 14,26,40,54;56,66 and 70 Danvers Way,Hyannis,MA.
Assessor's Map/Parcel: Map 271 Parcels 040.001 to.008
Area: 2.9 acres(126,294 sq.ft.)
Zoning: Residential B Zoning District
Groundwater Overlay: WP-Wellhead Protection Overlay District
Activity: Construction of 16 affordable housing units in 8 two-family buildings. Each of the buildings is to
straddle a common lot line so each dwelling unit is located on its own lot. Danvers Way is an
existing 40-foot wide undeveloped way approved by the Planning Board in 1985. It is located off
Route 28 in close proximity to Pitchers Way in Hyannis.
The Applicant:
The applicant is Habitat for Humanity of Cape Cod,Inc., (here in after"Habitat' with an address of 658
Main Street,West Yarmouth,MA 02673. Habitat for Humanity of Cape Cod,Inc.,is a subordinate
organization of Habitat for Humanity International,Inc.located in Americus,Georgia. It is a 501 (c)(3) non-
profit corporation. The Cape Cod Chapter's Executive Director is Victoria Goldsmith.
Relief Requested:
The applicant has applied for a comprehensive permit pursuant to M.G.L. Chapter 40B %20-23 to build 16
affordable housing units in 8 buildings on 16 proposed lots along Danvers Way. The name of the proposed
development is Danvers Way of Hyannis'.
The development is for 2 one-bedroom units,2 two-bedroom units, 10 three-bedroom units and 2 four-
bedroom units. All are to be affordable units to be sold to qualified low and moderate-income individuals
and families. The projected sale price is from$60,000 for the one-bedrooms to $120,000 for the four-
bedroom units. The units range in size from 741-sq. ft. to 1,441 sq. ft. The total gross area of all the units is
17,929 sq. ft. The development is to be single-family ownership with a neighborhood association for the
maintenance of the way and common elements. -It is to be a two-phased development with 10 units
constructed in Phase I, and the remaining 6 units in Phase II. The development is to receive a subsidy from
the Town of Barnstable Community Development Block Grant Program.
The Locus:
The development is located on vacant land totaling 126,294 sq. ft. or 2.90 acres. The locus has been the
subject of a previously approved undeveloped subdivision of 8 lots totaling 88,831-sq. ft. or 2.04 acres and a
defined roadway of 37,463 sq. ft. or 0.86 acres. The way is located off Route 28 easterly of Pitcher's Way in
Hyannis. The lots are shown on Assessor's Map 271 as Parcels 040,001 to 040.008, commonly addressed as
4, 14,26, 40,54,56, 66 and 70 Danvers Way,Hyannis,MA. The locus is Residential B Zoned and is entirely
within a Wellhead Protection Overlay District.
Document and Information Submitted:
The following information has been submitted to the file:
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Town of Barnstable-Zoning Board of Appeals-Decision and Notice I
Comprehensive Permit-2002-120-Habitat—Danvers Way
1) A copy of a transmittal letter dated August 28,2002, to Linda Hutchenrider,Town Clerk from Kate
Mitchell,Attorney for Habitat transmitting copies of the comprehensive permit application.
2) An Application for Comprehensive Permit,Town of Barnstable Town Clerk's Office,date stamped
August 28,2002. The following attachments were included in the application:
A) Copy of an April 04,2002 letter from the Commonwealth of Massachusetts Secretary certifying
incorporation of Habitat for Humanity of Cape Cod,Inc under MGL Chapter 180 as of May 3, 1988.
Copy of a May 04,2002,Department of the Treasury,Internal Revenue Service letter from John E.
Ricketts,Director to Victoria Goldsmith,Habitat for Humanity,stating that Habitat for Humanity
International,Inc.is an exempt organization under section IRC 501(c)(3) and as such subordinate
organizations (Habitat for Humanity Cape Cod) are inclusive within that group exemption.
B) A copy of a Site Approval letter dated April 01;2602,to Victoria.Goldsmith,Executive Director
Habitat for Humanity form John C. Klimm,Town Manager addressing those requirements of
Chapter 40B and 760 CMR Sections 30-31.
C) Copy of a June 19,2001,letter to Victoria Goldsmith,Executive Director of Habitat form Town
Manager,notifying the applicant of having been selected to receive a grant award of$25,000 from
the Town of Barnstable CDBG Program..
D) Copies of two Quitclaim Deeds recorded at the Barnstable Registry of Deeds in Book 09995,pages
0108 through 0111 on December 29, 1995,conveying locus to the applicant.
E) Site Location Map with 300-foot Abutter's ring.
F) Existing Conditions Plan
G) Attachment F—Project Description/Narrative
H) Attachment G—List of drawings that constitutes the proposed plan for the development.
I) Project Financial Pm formar. The initial pro forma submitted is dated 4/12/02 and revised pro forma
is dated 10/1/02. The revised Pro forma cites that the total cost of development is $1,728,000 and
that the total income from the sale and all other funding amounts to $1,728,000.
J) Attachment I-Town Of Barnstable Agencies,Boards and Commissions.
Iq A list of"Requested Variances and Waivers" as being sought in the Comprehensive Permit
application.
L) Attachment K—Copy of a proposed Affordable Housing Restriction Deed Rider
M) Attachment L—Developer's Profile
3) A copy of a set of development plans entitled"Habitat for Humanity of Cape Cod,Inc.Danvers Way
Development Danvers Way,Village of Hyannis,Town of Barnstable MA"consisting of the following
sheets.
• S1 -Title and Cover sheet
• Al —Individual Unit Floor Plans
• A2 through A6-Building Plans including Building Elevations
• A7—Building Sections,Shed and Mail Box Plans _
• Proposed Site Plan—scaled at 1"=30'
• Proposed Site Plan—Sheet 1 of 2—scaled 1"=20'
• Proposed Site Plan Sheet 2—1"=20'
• Proposed Road details 1"=40'
• Preliminary Subdivision Plan
• Existing Conditions Plan
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Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Comprehensive Permit-2002-120-Habitat-Danvers Way
• Ll -Landscape Plan-Buildings 1-3, Scaled 1"=10'
• L2-Landscape Plan-Buildings 4-6,Scaled 1"=10'
• Ll -Landscape Plan-Buildings 7-8,Scaled 1"=10'
4) Copy of a signed Agreement to Extend Time Limits for Holding of a Public Hearing on the
Comprehensive Permit request.
5) Copy of the September 19, 2002,transmittal letters from the Zoning Board of Appeal Chairman to select
Town agencies requesting review of Habitat's Danvers Way affordable housing development. Letters
were sent to:
• Gary C.Blazis,President,Town Council, _
• John C.Khmm,Town Manager,
G Laura Shufelt,Chairman Barnstable Housing Committee,
• Ruth Weil,Town Attorney,
• Roy Fogelgren,Chairman Barnstable Planning Board,
• Thomas IC Lynch,Director,Barnstable Housing Authority,
• John J. Finnegan,Chief,Barnstable Police Department, -
• Harold Brunelle, Chief,Hyannis Fire Department,
• Thomas Mullen, Superintendent Department of Public Works,
• Maureen McPhee,Tax Collector,
• Robert Gatewood, Conservation Administrator,
• Thomas McKean,Health Agent,
• Thomas Perry,Building Commissioner,
• Dr.Angela Castoria,Barnstable School Department,
• Margo Fenn,Executive Director, Cape Cod Commission,and
• Thomas F. Geiler,Director,Health,Safety and Environmental Services. -
6) A copy of an April 2,2002,letter to Jane Gumble,Director of Housing and Community Development
from Victoria Goldsmith,Executive Director of Habitat notifying the agency of the issuance of the
project eligibility letter from the Town of Barnstable.
7) Copy of the 300-foot Abutter Notification Map and List of Abutters within 300 feet of the locus,
processed February 15,2002, and taken form Assessor's database as of January 11,2002.
8) An October 16, 2002 letter to Art Traczyk,Principal Planner from Lt.Donald H Chase,Jr.,Hyannis Fire
Department,.
9) An October 16,2002,letter to Daniel M. Creedon,Chairman Zoning Board of Appeals from A. Roy
Fogelgren,Chairman Barnstable Planning Board.
10) An October 21,2002,letter to Daniel M. Creedon,Chairman Zoning Board of Appeals from Kate
Mitchell,Attorney for Habitat,requesting that the appeal be continued from the October 23,2002,
opening to November 06,2002.
11) An October 30,2002, Planning Division Staff Report on the application.
12) A November 2002 Habitat for Humanity of Cape Cod Newsletter',,covexing.the proposed development.
13) A November 04,2002 Cape Cod Times news article entitled `Habitat outliner duplexpropotal".
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Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Comprehensive Permit-2002-120-Habitat—Danvers Way
14) Copy of a proposed Draft Comprehensive Permit dated 1/17/03 and a transmittal e-mail from Ruth
Weil,First Assistant Town Attorney.
15) A copy of a December 23,2002 letter to Ms.Janet Hutchins,Assistant Director MEPA Unit Executive
Office of Environmental Affairs from Robert A.Burgmann,Town Engineer.
16) A.January 22,2003 letter to Art Traczyk from Robert A.Burgmann,Town Engineer.
17) Copy of a January 14,2003 letter to Robert A.Burgmann,Town Engineer from James W.Hunt,
Assistant Secretary IvIEPA Unit Executive Office of Environmental.Affairs.
18) Copy of a revised utility layout plans for the project submitted at the public hearing of January 22,2003,
entitled"Habitat for Humanity of Cape Cod,Inc.Danvers Way Development Danvers Way,Village of
Hyannis,Town of Barnstable MA"and last dated 12/27/02 consisting of the following sheets.
• Proposed Site Plan—scaled at 1"=30'
• Proposed Site Plan—Sheet 1 of 2—scaled 1"=20'
0 Proposed Site Plan Sheet 2-1"=20'
40
• Proposed Road details 1"= '
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August
28,2002. An Extension of time.for hearing of the comprehensive permit was executed between the
applicants' representative and the Board. A public hearing before the Zoning Board of Appeals was duly
advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened
October 30, 2002, continued to November 06,2002,January 08,2003 and January 22,2003,at which time
the Board found to grant the comprehensive permit. At the conclusion of the hearing the applicant agreed to
go forward with a four-member board.
The Board Members hearing and deciding this appeal were Gail Nightingale,Thomas A.DeRiemer,Jeremy
Gilmore and Acting Chairman,Ron S.Jansson. Attorney Kate Mitchell represented the applicant. Also
present during the hearing were Donald S.Dickerson of Habitat,Victoria Goldsmith,Executive Director of
Habitat,Project Engineer Robin Wilcox and the Architect Steven C.Hayes. During the hearing of this
comprehensive permit extensive testimony and information was given by the applicant,abutters and town
agencies. For a detail of the proceedings, copies of the hearing minutes are available at the Town Clerk's
Office and at the Office of the Zoning Board of Appeals.
Findings of Fact as to Standing:
At the January 22,2003,hearing, the Board unanimously made the following findings of fact as related to the
applicant's standing for a comprehensive permit in accordance with MGL Chapter 40B.
1. The applicant is a subordinate organization of Habitat for Humanity International,Inc.located in
Americus,Georgia. Habitat for Humanity International,Inc.is an exempt non-profit organization under
secdon.IRC 501(c)(3) and therefore subordinate organizations are inclusive within that group exemption.
Further;an April 04,2002 letter from William Francis Galvin, Secretary of the Commonwealth of
Massachusetts certifies that Habitat for Humanity of Cape Cod,Inc was incorporation under MGL
Chapter 180 as a Charitable Corporation on May 3, 1988.
2. The applicant has been selected to receive a grant of$25,000 from the Town of Barnstable Community
Development Block Grant(CDBG)Program. Community Development Block Grant Funds are
recognized as a qualified housing subsidy program under MGL Chapter 40B. The Town of Barnstable,
the subsidizing agency,issued a site approval letter, dated April 01,2002.
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Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Comprehensive Permit-2002-120-Habitat—Danvers Way
3. Ownership of the site is vested in the applicant as evidenced by two Quitclaim Deeds recorded at the
Barnstable Registry of Deeds in Book 09995,pages 0108 through 0111 on December 29, 1995.
A motion was duly made and seconded to find that the applicant has satisfied the three prong requirements
as to standing pursuant to 760 CMR..
The Vote was as follows
Aye: Gail Nightingale,Thomas A. DeRiemer,Jeremy Gilmore and Ron S.Janssorf
Nay: None
Findings of Fact on the Comprehensive Permit:
At the January 22,2003,hearing on this comprehensive permit request, the Board made the following
findings of fact with regards to the proposed project being"consistent with local needs".
1. Habitat's purpose is to eliminate homelessness.and substandard housing. It works with-mostly .
donated materials,supplies and volunteer labor,builds housing for families in need of decent
affordable homes. Habitat finances the homes with a no-interest mortgage to income eligible
purchaser.
2. The development,named'Danvers Way of Hyannis',is to be located on vacant land totaling 2.90
acres. It is an undeveloped 1985 approved subdivision of 8 lots created along a proposed way named
Danvers Way. The way is located off Route 28 easterly of Pitcher's Way in Hyannis. Although the
subdivision has been recorded it has not been implemented. It remains as a"paper road and
subdivision"only. For the purposes of zoning today, the 8 lots would have merged into two. The
lots are those shown on Assessor's Map 271 as Parcels 040.001 to 040.008. The lots are addressed 4,
14, 26,40, 54, 56, 66 and 70,Danvers Way,Hyannis,MA. The locus is Residential B Zoned and
entirely within a Wellhead Protection Overlay District..
3. The applicant under MGL Chapter 40B seeks to build 16 affordable homes in 8 buildings on 16 lots.
Each of the proposed dwellings is to be located on its own lot yet share a common lot line and wall.
The development is proposed to have 2 one-bedroom units, 2 two-bedroom units, 10 three-bedroom
units and 2 four-bedroom units. Two of the units are to be designed as handicapped accessible units.
All homes are to be affordable units to be sold to qualified low and moderate-income individuals and
families,as further defined herein.
4. The projected sale prices of the units range from$60,000 for the one-bedrooms to$120,000 for the
four-bedroom units. The units range in size from 741-sq. ft. to 1,441 sq. ft. The total gross area of
all the units is 17,929 sq. ft. The development is to be single-family ownership with a neighborhood
association for the maintenance of the way and common elements. It is to be a two-phased
development with 10 units constructed in Phase I,and the remaining 6 units in Phase II.
5. The applicant has committed to sell all 16 units to qualified low and moderate income first-time
homebuyers whose income is 80%or less of the Bamstable-Yarmouth Metropolitan Statistical Area
(MSA)median income. Specifically, ten (10) of the units are to be sold to individuals or families
whose maximum annual income is equal to or less than 60%of the Barnstable-Yarmouth
Metropolitan Statistical Area(MSA)median income. The other six(6) units shall be sold to
individuals or families whose maximum annual income is equal to or less than 80%of the
Barnstable-Yarmouth MSA median income.
6. The applicant has contracted with McShane Construction Company, Inc.,to assist in the road
construction and development of the property. McShane Construction will build six(6) of the units,
which will be sold to first time homebuyers with a maximum annual income of not more that 80% of
the median income. Habitat will build the other ten (10)units that will be marketed to households
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Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Comprehensive Permit-2002-120-Habitat—Danvers Way
whose maximum annual income does not exceed 60% of the median income. The ten Habitat
homes will be built with.sweat equity by the selected eligible purchaser and with a significant amount
of donated materials,supplies and volunteer labor. Habitat for Humanity will finance the mortgage
on its 10 units for 20 years at zero interest. The 6 McShane units will be conventionally financed and
mortgaged through a local bank. Those homes will be marketed by Cape Home Ownership Center
of the Housing Assistance Corporation. All of the units will be affordable in perpetuity.
7. The project is to be completed in two phases. Phase one is for the construction of ten units-six
McShane units and four Habitat units. The second phase will be the completion of the last 6 units in
the development by Habitat.
8. According to the pro forma presented in the application, the total development cost is $1,728,000.
The cost per unit figured to$108,000. The "sale price of the Habitat 10 units is to range from$60,000
to $75,000 as they.are restricted to the 60% or less income level. The 6 McShane units that are
committed to the 80%or below income group will range in price form$100,000 to$120,000. The
projected sale price of the units is considered affordable for the Bamstable/Yarmouth Metropolitan
Statistical Area. The applicant Habitat will realize no profit. McShane Construction Corporation,
the applicants'subcontractor is projected to make a developers fee and overhead of 8.4% of the total
cost of the 6 units it will build.
9. According to the Department of Housing and Community Development Chapter 40B Subsidized
Housing Inventory of October 01, 2001,the Town of Barnstable has 953 affordable housing units or
4.70% of the housing stock. The goal of MGL Chapter 40B,the Local Comprehensive Plan and the
Regional Policy Plan is to provide 10%of the housing stock as affordable. The October 2001.count
does not include 8 affordable units recent initiated by the Board's approval of School House Pond
Condominiums and Lewis Landing.Project. Nor does it include an additional 45 affordable
apartment units approved under the Accessory Affordable Housing Program initiated by the Town.
10. Land use surrounding the site is dedicated to mixed use.'To the west is Sea Meadows Village a multi
family condominium development created under a comprehensive permit issued in 1986. West of
the site are single-family homes,generally on one-quarter acre lots. Across Route 28 are the
municipal wastewater treatment plant filtration ponds. The site is along a major roadway that
includes a bicycle and walking trail. Public transportation exists on the roadway and public water and
Town sewers are also available.
11. The development is to be connected to the Town of Barnstable Wastewater Treatment Facility. The
applicant is aware that the proposed connection will have to be approved by the Town of Barnstable
Engineering Division and will require DEP and MEPA permits. The Town Engineer has written to
MEPA stating that the,connection of the sixteen units will be insignificant. In addition,the applicant
is aware that location of a new sewer line on other property and use of pumping stations will require
easements and agreements that must be obtained in order for the Town to approve any connection.
In addition,a January 14,2003 letter to Robert A.Burgmann,Town Engineer from James W. Hunt,
Assistant Secretary MEPA Unit Executive Office of Environmental Affairs,with reference to
connection of the facility to the Town Wastewater Treatment Plant has stated the"the impacts of the
Habitat for Humanity project do not:appear to be significant in terms of their environmental
consequence. Therefore,in accordance to Section 11.10 of the MEPA regulations,publication of the
Notice of Project Change and a public comment period are not warranted. No further MEPA
f, review is required."
12. The Town has undertaken an aggressive role in providing needed and suitable housing for its
residents through its Housing Plan,which was designed to implement the affordable housing
component of the town's local comprehensive plan. Habitat has collaborated with the Barnstable
Housing Committee and Town officials and worked cooperatively to mold a proposal that
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Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Comprehensive Permit-2002-120-Habitat—Danvers Way
accommodates the need to create more affordable housing in the Town. Such cooperation facilitates
the granting of such projects.
13. The Board has heard testimony from the applicant, abutters and concerned citizens. Public
comment all recognized the need for affordable housing and most favor the granting of thisn
comprehensive permit The applicant had gone before the Tow 's Site Plan Review Committee to
determine and address any concerns of town agencies. Public agency response was therefore limited
-but it did point out issues and concerns that the Board must address if the permit were to be granted.
• The Planning Board expressed concerns with regards to drainage of the roadway, sidewalks,
entrance on to Route 28 and the need fora secondary emergency access.
• The Hyannis Fire Department cited the need for two fire hydrants,limiting of parking on the
travel surface of the road and venting of.clothes dryers. The Department also expressed a desire
for sprinkling of the units.
14. In light of the threatened loss of affordable housing units within the Town of Barnstable and
throughout Barnstable County due to"expiring uses",and in view of the Town's current deficit in
affordable housing units,it is consistent with local needs for the Town of Barnstable to ensure the
long-term affordability of units for persons of low and moderate income. The proposal set aside all
16 units in perpetuity as affordable. Ten of the units shall be committed to affordability at 60% or
less of the median income level and the other 6 units at 80%or less of the median income of the
Barnstable-Yarmouth Metropolitan Statistical Area (SMA). Appropriate deed restrictions shall be
prepared by the Town Attorneys'Office to insure that each of the units shall remain affordable as
outlined above in perpetuity.
15. The development is 100%affordable,provides family housing to a broad range of family sizes and
even includes four-bedroom units to accommodate larger families,whose needs are rarely addressed.
The development also provides homeownership opportunities to individuals and families at 60% of
the area median income,a group for whom homeownership opportunities have been traditionally
very limited. The proposed development is consistent with local needs.in that the proposed
development adequately promotes the objectives of providing affordable housing for the Town of
Barnstable without jeopardizing the health and safety of the occupants of the proposed project and
the residents of the Town of Barnstable,provided that the conditions of this comprehensive permit
are strictly followed.
The Vote was as follows
Aye: Gail Nightingale,Thomas A.DeRiemer,Jeremy Gilmore and Ron S.Jansson.
Nay: None
Decision:
Based upon the findings a motion was duly made and seconded to grant the comprehensive permit in
accordance with MGL Chapter 40B to Habitat for Humanity of Cape Cod,Inc., for the development of
`Danvers Way. of Hyannis', a 16 unit affordable housing development to be located in 8 buildings on 16 lots,
subject to the following conditions:
1. Development of the site shall be in conformance with the submitted plans (the"Plans") entitled,
"Habitat for Humanity Proposed Site Plan,Scale:I" = 30',originally dated 4/10/02 and a revised
submission dated of July 29,2002,and last revised December 27,2002 prepared by Steven C. Hayes,
Architect" " presented to the Board,signed by the acting Chairman and entered into the file
consisting of sheets entitled"Habitat for Humanity of Cape Cod,Inc.Danvers Way Development
Danvers Way,Village of Hyannis,Town of Barnstable MA" and numbered and titled as follows:
• .S1 Title and Cover sheet
' Al —Individual Unit Floor Plans
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Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Comprehensive Permit-2002-120-Habitat—Danvers Way
• A2 through A6 -Building Plans including Building Elevations
• A7—Building Sections,Shed and Mail Box Plans
• Proposed Site Plan—scaled•at 1"=30'
• Proposed Site Plan—Sheet 1 of 2—scaled 1"=20'
• Proposed Site Plan Sheet 2—1"=20'
• Proposed Road details 1"=40'
• Preliminary Subdivision Plan
• Existing Conditions Plan
• Ll -Landscape Plan—Buildings 1-3,Scaled 1"=10'
• L2-Landscape Plan—Buildings 4-6,Scaled V=10'
• Ll -Landscape Plan—Buildings 7-8;Scaled 1"=10'
2. Prior to the issuance of any permits for the development, this Comprehensive Permit shall be
recorded at the Barnstable Registry of Deeds. A copy of the recorded document shall be submitted
to the Office of the Zoning Board of Appeals for inclusion into the file.
3. The plans for the development are to be modified to reflect the following:
• The applicant,on land under their control, shall construct an.emergency access off Danvers way
located so as to connect with the neighboring Sea Meadow Village paved area. The location,
width and pavement shall be as approved by.the Hyannis Fire Department.
• A cape cod berm shall be constructed on the westerly side of the roadway to contain all run-off
on site.
• All roof runoff from the 8 principal buildings shall be collected in gutters and directed into dry
wells located on-site.
• All site lighting,including that located on the buildings shall not exceed a height of 12 feet and
shall be designed and located so as to not shine on the public way or onto neighboring
properties.
• The proposed sidewalk located to the east of the roadway shall be so designed to be a
continuous walk along Danvers Way and connecting to the existing bicycle path located along
Route 28.
• The landscape shall include a minimum of 18 street trees,at least 2 inch in caliper to be located
along the roadway and parking areas of the development.
• The proposed accessory structures shown on the plan may be relocated as desired by the
developer or the successor homeowner's association.
• Parking for Units 12, 13, 14, 15 and 16 may be relocated as desired by the developer or the
successor homeowner's association,as long as they are not located within the paved area of
Danvers Way.
• No.parking shall be permitted in the traveled area of the roadway Danvers Way,and signs shall
be posted to that effect.This restriction shall be included in all of the property deeds and made a
part of the Homeowner's Association's Bylaw and strictly enforced.
• The applicant shall be required to keep the bike path along Route 28 open and clear of materials
during construction and shall repair any damage made to it after construction. Appropriate curb
cuts shall be installed on the path as it crosses Danvers Way and appropriate signs or markings
shall be incorporated to alert bicyclists to the crossing. All of this shall be subject to approval
and recommendations of the Engineering Division of the Town of Barnstable and as subject to
Mass Highway approval. Stop signage shall be erected as per the Department of Public Works
4. The sixteen (16) units are to be developed within 8 buildings. There are to be two units per building
with the shared common property line located at the centerline of the common building wall. The 16
units are limited to: 2 one-bedroom units,2 two-bedroom units,10 three-bedroom units and 2 four-
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Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Comprehensive Permit-2002-120-Habitat—Danvers Way
bedroom units.The units shall range in size from 741 sq. ft. to 1,441 sq. ft. The total gross area of all
the units shall not exceed 18,000 sq.ft. not including basements. The development is to be single-
family ownership with a homeowners'association for the common maintenance of the way and
common elements.
5. All on-site utilities shall be located underground. Each unit is to be connected to public water and
town's wastewater treatment facility at the applicant's expense. Each unit is to have.its'own
individual basement and separate heating, electrical and fuel service. The units are to have energy
efficient appliances and heating, thermal windows and doors.The dwellings shall be heated by
natural gas or oil heat.
6. The structures are to be of wood frame construction with clapboard fronts, attrattively landscaped
and with a night light associated with each unit's entrance.
7. Two of the units,Unit No. 1—a one-bedroom unit-and Unit No. 7—a two-bedroom unit-are to
be fully handicapped accessible units. All walks shall conform to ADA requirements.
8. Addressing numbers and posting shall be in accordance with Town of Barnstable General Ordinance
Article 5. Any subdivision entrance signage shall conform to Section 4-3.5(7) of the Zoning
Ordinance for Signs in Residential Districts.
9. The applicant shall be required to connect to the Town's Wastewater Treatment Plant. In
connecting to the wastewater treatment plant the applicant shall be responsible for obtaining all
necessary easements and permits including those of DEP,MEPA and Mass Highway as well as the
Town.of Barnstable. All town rules,regulation and design standards shall be followed for the design
and installation of the sewer collection system. The Engineering Division of the Town of
Barnstable,at their discretion,may requires easements and/or transfer of ownership of the sewer
collection system to the Town for long-term operation and maintenance. The cost of any easements
or access rights,installation of the sewer connection and any associated upgrades to necessary
pumping facilities shall be the applicants'responsibility. No building permit shall be issued until all
permits for connecting to the Town of Barnstable Wastewater Treatment facility have been secured.
10. Any need for securities and inspections necessary to assure the completion to development standards
for the sewer system,water delivery system,underground utilities the roadways and subdivision may
be set by the Department of Public Works in accordance with the requirements set forth in the
Subdivision Rules and Regulations of the Town of Barnstable,Planning Board. In particular,the
applicant shall provide security in a form and amount acceptable to the Town Engineer and the
Town Attorney to assure that any on-site work initiated will be taken to completion and that
adequate security exists to assure that the site will be restored to a natural and safe condition in the
event that construction should halt.
11. The applicant shall be responsible for providing site drainage that meets the Town Engineers
minimum requirement to retain the difference between the pre and post development storm flow.
Also, all drainage from impervious surfaces shall be recharged on-site. Run-off shall not be
permitted to flood into the adjoining areas or streets. All drainage plans and specification shall be
reviewed and approved by the Town Engineering Division to insure that such run-off shall not
occur.
12. The Board recognizes the inherent difficulties of a proposed plan locating the shared property line
- on the centerline of a proposed common wall and the actual final location per an as-built plan.
Therefore,in this instance, the applicant shall be permitted to install the foundations consistent with
the,plans presented and then located the common property line on the centerline of the common
foundation wall once it is installed. Upon location of the common property line on the as-built
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Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Comprehensive Permit-2002-120-Habitat—Danvers Way
foundation centerline,a plan suitable for endorsement by this Board,and recording at the registry of
deeds shall be drawn and forwarded to the Zoning Board for its signature. The plan shall be signed
if the board finds it is consistent and within acceptable limits with the preliminary plan presented for
the division of the land. This plan endorsement maybe completed in phases and consist of several .
plan presented during the course of the development. Nonetheless,common wall agreements in
form satisfactory to the Town Attorney shall be entered into between adjoining unit owners and shall
be deemed to be conditions running with each unit
13. All property bounds shall be set,and"as built"plans submitted to the file upon completion of the
development. No occupancy-permits are to be issued for a particular lot until bounds have been set.
14. All of the 16 units shall be affordable units. Ten of the units shall be affordable to first time
homebuyers whose maximum annual income is not more than 60%of the median income in the
Barnstable-Yarmouth Metropolitan Statistical Area(SMA). The other 6 units shall be affordable to
first time homebuyers whose maximum annual income is not more than 80%of the median income
in the Barnstable-Yarmouth Metropolitan Statistical Area(SMA). The units shall be affordable as
defined above in perpetuity and subject to a deed restriction requiring the dwellings be owned and
occupied by low or moderate-income persons. Each unit shall be set-aside in perpetuity for the
public purpose of providing safe and decent housing to persons of low and moderate income. Each
unit shall be deemed to be impressed with a public trust. The initial selling prices for each unit shall
be based upon a formula under which monthly housing costs,including mortgage payments, taxes,
insurance and homeowners'association fees,shall not exceed 30%of either 60% or 80% of the area
median income based upon household size (as the breakdown of said units is specified herein).
Upon the resale to qualify individuals or families the overall housing costs including taxes,principal
and interest,home association dues and insurance shall not exceed on a yearly bases 30%of the then
existing income of qualified applicants.
15. A regulatory agreement and individual deed riders reflecting the restrictions contained in paragraph
14 above,in a form acceptable to the Town Attorney's Office, shall be recorded at the Registry of
Deeds by the applicant against the property and the individual units at the time the property is
transferred from Habitat or from McShane Construction Corporation. Such restrictions shall take
priority over all financing documents related to this project.
16. The qualified purchasers of the ten units of Habitat shall be selected by Habitat in accordance with
the qualifications criteria set forth by the applicant in the application on page 2 of the narrative
attached to the application,which narrative is attached hereto and incorporated by reference herein.
The 6 units of McShane Construction shall be marketed by Cape Home Ownership Center of the
Housing Assistance Corporation to qualified buyers. In both instances,the Cape Home Ownership
Center is to verify first time homebuyers,income limitation,asset limitation,affirmative marketing
and appropriate lottery procedures for buyer selection.
17. All of the units shall be committed to first time homebuyers with the stipulation that they be owner
occupied and restricted affordable units in perpetuity. To the extent permitted under the law,
preference shall be given to persons currently living and/or employed within the Town of
Barnstable.
18. All of the dwellings shall be connected and shall remain connected to the public water supply and to
the Wastewater Treatment Facility of the Town of Barnstable. No occupancy permits shall be issued
until the dwelling unit is serviced with all utilities located underground,including public water and
town sewers.. The applicant shall be responsible for all costs to connect to utilities.
19. All construction shall comply with all applicable state building codes,state fire protection
requirements and Board of Health regulations. Fire hydrants shall be installed to the requirements of
10
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Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Comprehensive Pernut-2002-120-Habitat—Danvers Way
the Hyannis Fire Department. All clothes dryers shall be properly installed and all vents constructed
of metal and vented to the outside. There shall be no sleeping quarters permitted in the basement
level of the units. Given the fact that locus is within a wellhead protection district,no activity shall
be conducted on-site which shall in anyway introduce hazardous materials as that term is defined in
M.G.L. Chapter 21E nor shall and such materials be allowed or stored on site or allowed to
contaminate the site to any degree. The deed restrictions and association bylaws shall,contain
language incorporating this concern acceptable to the Town Attorney in perpetuity.
20. This Comprehensive Permit is granted with the condition that the proposed development is to be
funded in part by the Town of Barnstable, Office of Community Development through a grant from
the Community Development Funds. If the funding source changes,the applicant shall be required
to seek modification of this permit from the Board.
21. This Comprehensive Permit is issued to the applicant Habitat for Humanity of Cape Cod Inc. It
shall not be transferable without the prior written approval of this Board.
22. It is intended that this decision and the conditions contained herein are in addition to and
independent of any requirements of any other program involved in this development. The
requirements contained herein shall have independent legal significance and effect.
23. Prior to the issuance of any Building Permits the applicant shall have recorded at the Barnstable
County Registry of Deeds;a copy of the Regulatory Agreement approved by the Town Attorney and
executed between the developer/applicant,the funding agency,the Town of Barnstable and as well
as a copy of a Monitoring Service Agreement,as approved by the Town Attorney by the applicant,
the Barnstable Housing Authority as Monitoring Agent and the Town of Barnstable. Such
restrictions shall take priority over all financing documents related to this project.
24. The Barnstable Housing Authority shall be the monitoring agent for the development and the
applicant shall pay for the services of the monitoring agent. The Board shall require a full
compilation and certification of total development costs and total revenues,on a federal income tax
basis,prepared and certified by a certified public accountant acceptable to the monitoring agent or
the town to show that the profit made is within the 20%limitation imposed.. Any profit in excess of
the 20%limitation rule shall be governed by the terms of the regulatory agreement.
25. Prior to the issuance of an occupancy permit for any individual home,the applicant shall have
recorded at the Barnstable County Registry of Deeds;a deed restriction as approved by the Town
Attorney assuring that the affordable units will remain affordable in perpetuity,that they are protect
in the event of a foreclosure from lose of its affordability status,and further restriction that they be
owner occupied at all dines. The deed restriction shall reflect that 10 of the units be affordable to
first time the homebuyers whose a maximum annual income is not more than 60%of the median
income in the Barnstable-Yarmouth Metropolitan Statistical Area(SMA) and the other 6 units shall
be affordable to first time homebuyers whose maximum annual income is not more than 80% of the
median come in the Barnstable-Yarmouth Metropolitan Statistical Area(SMA). Such restrictions
shall take priority over all financing documents related to this project. Both documents must
stipulate that affordable units will be affordable in perpetuity and include language establishing an
expanded period of time for locating a qualified buyer.
26. The applicant has requested a waiver from the Chapter III,Section III,Section 4.9,Growth
Management,which was sought to allow the applicant to develop its site in two phases,the first
phase consisting of ten houses and the second phase consisting of six houses. The Board grants the
applicant's request only to the extent that such a waiver is necessary to permit the Building
Commissioner to issue a total of ten building permits to the applicant in one month and a total of six
building permits to the applicant in a subsequent month,which waiver is conditioned upon the
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Town of Barnstable-Zoning Board of Appeals-Decision and Notice
.; `Comprehensive Permit-2002420-Habitat—Danvers Way
r•
submission of building permit applications which the Building Commissioner deems are complete..
The waiver is granted only from the time frames imposed by the Growth Management Provisions.
The 16 units shall still be included in the counting and number limitations imposed in the Growth
Management Ordinance. The permits are subject to all other requirements of the Building Division
for the issuance of building permits and the applicant shall comply with any and all requirements of
this comprehensive permit decision,which must be fulfilled and completed before any building
permits may issue.
The Vote was as follows
Aye: Gail Nightingale,Thomas A.DeRiemer,Jeremy Gilmore and Ron S.Jansson.
Nay: None
Request For Waiver of Fees:
After discussion of the applicant's request to waive certain fee,a motion was duly made and seconded to
grant a waiver of the Zoning Board of Appeals application fee only. Based upon the fact that all 16 units are
to be affordable in perpetuity the board voted to wave the application fee.
The Vote was as follows
Aye: Gail Nightingale,Jeremy Gilmore and Ron S.Jansson.
Nay: Thomas A.DeRiemer
Ordered:
Comprehensive Permit 2002-133 has been.granted with conditions.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 three
years. Appeals of this decision,if any,shall.be made to the Barnstable Superior Court pursuant to MGL
Chapter 40A,Section 17,within.twenty days after the date of the filing of this decision in the office of the
Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B,Section 22.
Ron 1.J sson, ding Chairman Date Signed
I Linda Hutc en ride Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that
twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the
decision has been filed in the 9fAce of the'Povm Clerk,
Signed and sealed this;3,? '/f 3ay of 6 �� �� under the pains and penalties'of perjury.
Linda Hutcheruder,Town Clerk
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