HomeMy WebLinkAboutSETTLERS LANDING I LANE ADDRESSING I
° May . 4. 2010 4 03PM No•7219—•_"P • 1
Town of Barnstable
,BARNSfABLE, : Engineering Division
367Zsin S.i eet, Hyan
njs MA 02001
Office, 508-862-4088 Robert A. Burgmann, P E,
Fax: 508-862-4719 Totivn Engineer
For E-911 ADDRESSING, ROAD OPEN PERMITS MAPPING:
CONTAC"P. FRANK SCHLEGEL: PHONE: 508-862-4085/FAX: 508-862-4799
NOTE: WEB SITE: http://town-.barnstable.ma.us
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273122 0 SETTLERS LANE--- LOT UN x HEARTH 'N KETTLE PROPERTIES LP HY 2287'
273032001 0 SETTLERS LANE--OPEN SPACE MORIN,�MARTHA M HY 2287
273122002 2 SETTLERS LANE LOT 11 MORIN,'JACQUES N TR HY 2287
273122003 3 SETTLERS LANE--- LOT 10'/ MORIN, JACQUES N Tk, HY 2287' ' .
273122001 6 SETTLERS LANE--LOT'12/ MORIN, JACQUES N TR HY 2287,
273122004 7 SETTLERS LANE=-- LOT 9?v� MORIN, JACQUES N TR HY 2287
273122035. 8 SETTLERS LANE—.LOT 13. MORIN, JACQUES N TR TM ,HY 2287
273122005 9 SETTLERS LANE---LOT 8'�✓ MORIN, JACQUES N TR ` ; HY 2287
273122034 16 SETTLERS LANE - LOT 14 " MORIN JACQUES N TR HY 2287.
213122006 19 SETTLERS LANE--LOT 7 / MORIN, JACQUES N TR HY 2287 . '
273122033 22 SETTLERS LANE--LOT 15, MORIN, JACQUES N TR HY 2287
273122007 25 SETTLERS LANE.-- LOT.6 MORIN, JACQUES N TR HY 2287
273122032 30 SETTLERS LANE -- LOT 16 - MORIN,-JACQUES N TR HY 2287
273122008 35 SETTLERS LANE--- LOT / MORIN,JACQUES N TR p HY . 2287
273122031 40.SETTLERS.,LANE-=-LOT 17 MORIN, JACQUES,N TR HY 2287
273122009 43 SETTLERS LANE LOT.4 - MORIN, JACQUES N TR HY 2287
273122030 46.SETTLERS LANE'. LOT-1.18 MORIN, JACQUES N TR HY 2287
273122010 57 SETTLERS LANE-==LOT 3 `� MORIN, JACQUES N TR HY 2287
273122011 59.SETTLERS,LANE--- LOT 2 MORIN, JACQUES N TR HY. .' 2287
273122029" .60 SETTLERS LANE=-LOT.19" MORIN„ JACQUES N TRI HY. 2287
_.. .
eJ
273122012 ' 67 SETTLERS LANE--- LOT 1 .� MORIN,JAC�QUES.N'.TR 'HY` 2287
273122028 68 SETTLERS LANE=-LOT 20 MORIN,'JACQUES N TR HY 2287
273122013 75 SETTLERS LANE —LOT , MORIWMARTHA M TR: Z�6'�� HY_ 2287
273122027 76 SETTLERS LANE - LOT 21 MORIN MARTHA M TR HY, 2287
May • 4- 2010 4. 04PM No •721.9 P • 3
oadEngincering Page 2 of 2
27 22014,— 85 SETTLERS LANE--- LOT 48 MORIN, MARTHA M•TR - HY 2287.
122026 86 SETTLERS LANE---LOT 22 MORIN, MARTHA M TR - HY 2287
312202.5 94 SETTLERS LANE-=-LOT 23 MORIN, MARTHA M TR HY 2287
7 122015 95 SETTLERS LANE---LOT47 MORIN, MARTHA M TR `; HY 2287
122024 102 SETTLERS LANE--LOT 24 MORIN, MARTHA M TR HY 2287
7 12 016 105 SETTLERS LANE---LOT 46 MORIN, MARTHA M TR HY 2287
3 023 110 SETTLERS LANE ---LOT 25 MORIN, MARTHA M TR HY 2287
Z7 22017 111 SETTLERS LANE.---..LOT 45 MORIN, MARTHA M TR +� HY 2287
2 3 2022 116 SETTLERS LANE--LOT 26 . MORIN, MARTHA M TR HY' 2287_
12 ,018 121 SETTLERS LANE---LOT 44 MORIN MARTHA M TR b HY 2287
3 U21 126 SETTLERS LANE ---LOT 27 MORIN, MARTHA M TR HY 2287
7 019 131 SETTLERS LANE --- LOT 43 MORIN; MARTHA M TR HY 2287
7 20 132 SETTLERS LANE =--LOT 28 . MORIN; MARTHA M TR HY 2287
7 5 138 SETTLERS LANE --- LOT 29 MORIN., MARTHA M TR HY' 2287
221 139 SETTLERS LANE.- LOT 42 MORIN, MARTHA M TR HY s 2287
2 146 SETTLERS LANE- - LOT 30 MORIN, MARTHA M TR HY 2287
272 147 SETTLERS LANE.—LOT 41 j MORIN, MARTHA M TR HY. 2287
27' 3 156 SETTLERS LANE---LOT 31`, MORK MARTHA M TR HY 2287
2722 157 SETTLERS LANE--= LOT 40, ' MORIN.MARTHA M°TR HY 2287
27 22 162 SETTLERS LANE==-LOT 32 MORIN, MARTHA M TR SHY 2287
272 163,,SETTLERS LANE=-- LOT 39. MORIN, MARTHA M TR HY 2287
272 1 167 SETTLERS LANE- = LOT 38 MORIN, MARTHA M TR HY 2287
272 1 168 SETTLERS LANE---LOT 33 MORIN, MARTHA M TR HY 2287
2722 169,SETTLERS LANE,--- LOT37, MORIN,.MARTHAMTR = HY 2287
272 170.SETTLERS LANE- LOT 34 MORIN, MARTHA M TR HY 2287
2722 8 171 SETTLERS LANE---LOT 36' MORIN; MARTHA M TR HY 2287
272219 174.SETTLERS LANE`- - LOT 35, • MORIN, MARTHA M TR HY . 2287
y a . .
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Rarcel Local. �rllat e
273 032 46 SETTLERS LANES L 1 : - HYANNIS
273 032 012 60 SETTLERS LANE L :! HYANNIS
273 032007 �. 2 SETTLERS-LANE "L!i
HYANNIS
273 032 008 �� 3 SETTLERS LANE L �.v -` HYANNIS
273 032 006 6 SETTLERS LANE L !d1
HYANNIS
273 032 009 7 SETTLERS LANE j- HYANNIS
273 032 005 8`'SETTLERS.LANE L l3 HYANNIS
273 032 010 9 SETTLERS LANE
HYANNIS
273 032 004 16"SETTLERS LANE L/'1'
HYANNIS
273 122 001 \ 19 SETTLERS LANE L 7 HYANNIS
273 032 003 \ 22 SETTLERS LANE C I HYANNIS
273 122 002 25 SETTLERS LANE L Co
HYANNIS
273 032 002 \ 30 SETTLERS LANE Lr lo, HYANNIS . "
273122003 35SETTL'ERS`LANE LS HYANNIS
273 032 001 40 SETTLERS LANE L— !`7
HYANNIS
273 122 004 43 SETTLERS LANE L c/ HYANNIS
273 122.013 \ 131 SETTLERS LANE j HYANNIS
273 122 005 \' 51 SETTLERS LANE L
HYANNIS
273 032 011 \ 59 SETTLERS LANE La'
..HYANNIS ..
273'122 006 67 SETTLERS LANE L!. HYANNIS
273 032 013 68 SETTLERS.:LANE .LaO HYANNIS
273 122 007 75 SETTLERS LANE 'L y
t HYANNIS,
273 032 014
\: .76.SETTLERS LANE L a, HYANNIS
i httn //i.ccnl/TnfianPt/Prnrirlata/R-nar�Enainaanna a'cnY y
uaum,pneerulg Pale. 2 of 2
273 122 008 85 SETTLERS LANE .1— g HYANNIS
273 032 015 86 SETTLERS LANE HYANNIS
273 032 01 6 \ 94 SETTLERS LANE
L d,3 - HYANNIS 273122009 95 SETTLERS LANE L y �I , HYANNIS
273 122 020 \ 102 SETTLERS LANE f_d`� HYANNIS
273 122 010 105 SETTLERS LANE L_i(C?.. HYANNIS
273 122 019 110 SETTLERS LANE LJ
HYANNIS
273 122 011 111 SETTLERS LANE HYANNIS
273 122 018 -116 SETTLERS LANE lL�(P HYANNIS
273 122 012 121 SETTLERS LANE j,4c.I HYANNIS
273 122 017 \ 126 SETTLERS LANE L d7 HYANNIS
273 122 016 132 SETTLERS LANE Z.2� HYANNIS
273 122 015 138 SETTLERS LANE L-9 HYANNIS
273 122 014 \ 139 SETTLERS LANE;.L, HYANNIS
272 223 146 SETTLERS LANE (: HYANNIS
272 212 147 SETTLERS LANE HYANNIS
272 222 156-SETTLERS'LANE L 3
HYANNIS
272 213 157 SETTLERS LANE L QD
• HYANNIS
272 214 161-SETTLERS LANE .L3S
HYANNIS
272221. 162 SETTLERS LANE L} .
HYANNIS
272 215 167 SETTLERS`LANE Ljg`
- HYANNIS
272 220 168:SETTLERS LANE. -34 HYANNIS
272 216 169 SETTLERS LANE L3? HYANNIS
272 219 170;SETTLERS LANE 1 3q HYANNIS
272 217 171 SETTLERS LANE L 3 _ HYANNIS
272 218 174 SETTLERS LANE L3 HYANNIS
httn•/7iccnllTntranat/PrnnrlatalRna�lFnQ;n�Pnncr a'cr,v - ,
SETTLERS LANDING {
Lot # House # I Map &'Parcel'. Acreage
1 67 j 273-122-6 0.23
2 59 ! 273-32-11 0.24 :.
3 51` ( 273-122-5 0.22'.
4 43 273-122-4 0.24 _
5 35 273-122-3 0.24
6 25 . 273-122-2 0.23
7 19 273-122-1 0.23
8 9 273-32-10 0.23
9 i 7 273-32-9 0.23
'10 '` 3 273-32-8 0.23
11 2 273-32-7 0.23
12 6 273-32-6
13 8 273-32-5 0.23
14 : - '16 273-032-4 1 023
15 22 273-032-3 . 0.22
16 + 30 273-032-2 0.21
17 . 40 . 273-032-1 0.20
18 I 46 273-032 ; 0.27
19 60 , 273-32-12 ' . 0.25 ,
20. 68 •273-32-13 0.20
21 76 273-32-14 0.24
22 - 86 273-32-15 0.23
23., 94 , : 273-32-16 ( 0.23
24 j 102 i 273-122-20 i 0.23
25 110 273-122-19' I 0.23
26 I 116 j 273-122-18 1 0.23
27 126 ' 273=122-171 0.23
28 j 132 273-122-16 0.23
29 138 273-122-15 j 0.23
30 146 272-223 0.23
31 156 272-222 0.23 -
32 162 I 272-221 0.23
33 168 272-220 0.23
34 170 272-219 0.23
35 174 272-218 0.23 y
36 , 171 ( 272-217 0.23 .
37 169: j 272-216 0.23
38 167 I 272-215 0.23
39 161 272-214 0.23
40 167 272-213 j 0.-23
41 147 j 272-212 0.23
42 139 273-122-14 0.23
43 .. 131 ; 273-122-13 '. (. 0.23
44 121 -4273=122-12 0.23
45 111 273-122-11 0.23
46 :_ 105. ' 273-122-10 0.23
47 95 273-122-9 0.23
85 ' . 273-122-8 ' O.23 r r
49 75 273-:122-7 - j 0.23
c M i
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1
+ BARNSTASMp s
9 MASS, 0
Town of Barnstable
Zoning Board of Appeals
M.G.L., Chapter 40B Comprehensive Permit Decision and Notice
Second Remand of Appeal 2000-85
` Settlers Landing,
Applicant: Jacques N.Morin,Trustee of Settlers Landing Realty Trust
Property Address: 3,5,7, 17,31,49,59,71,75,79,81,&0 Settlers Landing and 310 Castlewood Circle,Hyannis,
MA
Assessor's Map/Parcel: Map 273,Parcels 122-001 through 011,032,and 032-001
Zoning: Residential C-1 and Groundwater Protection Overlay Districts
T
Permit Granted: Authorized the division of 5.61 acre portion of a 13.36 acre lot into a 20 lot subdivision for the
development of 20 single-family dwellings. Five(5)of the dwellings are to be dedicated in
perpetuity as affordable units marketed to qualified low and moderate-income households.
Background Information:
The Applicant:
The Applicant is Jacques N. Morin, Trustee of Settlers Landing Realty Trust. The address of the Trust is
1597 Falmouth Road(Route 28), Suite 4, Centerville,MA. The Trust was created by a Declaration of
Trust signed by the applicant and dated August 3,2000.
Relief Requested: .
On December 05, 2005,materials were submitted to the Zoning Board as required by a Stipulation of
Remand issued by the Housing Appeals Committee on October 12,2005. In those materials,the
Applicant requested the issuance of a comprehensive permit pursuant to M.G.L. Chapter 40B " 20-23 to
build'20 three-bedroom single fam l-y=dwellingsron-5'61 acre portion of the 13.36 acre site located off
Castlewood Circle in Hyannis. Five-(5) of the_dwellings are to be dedicated to affordable units sold only
t.
to qualified households under the Housing Starts Program of Massachusetts Housing Finance Agency
and/or the New England Fund Program of the Federal Home Loan Bank of Boston.
The subdivision of the land proposes 20 house lots that range from 8,725 sq.ft. to 11,607 sq.ft. on the 5.61
'acre portion of the 13.36 acre site, and one 7.75 acre lot. The dwellings to be built range from 1,248 sq.ft.
to 1,980 sq.ft. in living area.
The Stipulation of Remand cites that it was issued as per the Agreement of November 18, 2004-the
Stipulation of Settlement and Stay("the Agreement"). The Agreement is applicable to this Chapter 40B
submittal and two recent Private Initiated Affordable Housing Development(PIAHD) special permit
1
J
applications submitted to the Planning Board..All of which grew out of a lengthy mediation process
involving the Applicant,this Board and numerous neighbors.
The Locus:
At the time this comprehensive permit was originally submitted,the locus consisted of two vacant parcels
totaling 582,020 sq.ft. or 13.36 acres. They were previously referenced as Assessor's Map 273,Parcels
122 and 032. However, a recent subdivision was recorded and now appears on the Assessor's Map 273 as
Parcels 122-001 through 011, 032, and 032-001. They are addressed as 3, 5, 7, 17, 31,.49, 59, 71, 75, 79,
81, and 0 Settlers Landing and 310 Castlewood Circle,Hyannis,MA.
The entire locus is now zoned Residence C— 1 and is within a GP- Groundwater Protection Overlay
District. The site is to be accessed from Castlewood Circle via the lot addressed as 310 Castlewood
Circle.
Procedural History:
In August of 2000,the developer filed a comprehensive permit application proposing 56 three-bedroom
single-family dwellings(25%affordable) on the entire 13.36-acre site to be funded under the New
England Fund of the Federal Home Loan Bank of Boston. On May 02, 2001,the Zoning Board of
Appeals granted Comprehensive Permit 2000-85 for"Settlers Landing"with conditions for the
development of 36 homes each on individual lots. The developer appealed to the Housing Appeals
Committee (HAC) and abutters appealed to the Superior Court and moved to intervene in the HAC case.
Concerted efforts were made to arrive at a compromise of the matter involving all parties. However, on
about May 1, 2002,the developer, filed a request for a Notice of Project Change with the Housing
Appeals Committee asserting a substantial change from the proposed 56 single-family detached
development to a 168-unit 55 years or older attached condominium development referred to as"Parkside
Village Condominiums". On May 15,2002,the Housing Appeals Committee issued the first Order of
Remand that was subsequently amended on July 12, 2002 with the issuance of an Amended Order of
Remand.
On August 06, 2002 Massachusetts Housing Financing Agency issued a project eligibility letter for the
"Parkside"proposal and on September 04,2002,the public hearing was opened and at its' conclusion of
April 07, 2003 the Board granted the remand comprehensive permit with conditions that limited the
development to 44 units. That remand decision was subsequently appeal to the Housing Appeals
Committee. ,
In October of 2003, the Housing Appeals Committee suspended the hearing process on Settlers Landing
in favor of proceeding with mediation between the Applicant, Town and neighborhood groups. As a
result of that mediation process; on November 18, 2004 Town Council amended the Zoning Ordinance
providing for a Private Initiated Affordable Housing Development(PIAHD) in the Residence C-1 Zoning
District by Special Permit from the Planning Board, and a Stipulation of Settlement and Stay(commonly
referred to as"the Agreement of November 18,2004)was executed and signed by the Applicant, Town
and neighborhood association. That Agreement was accepted by the Housing Appeals Committee on
December 23, 2004.
2
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J
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The Agreement of November 18, 2004, effectively segmented the Settlers Landing Development into two
developments. Settlers Landing I being a Chapter 40 B remand application for a comprehensive permit
for 20 single-family units on the northern 5.61 acre portion of the 13.36 acre site. Settlers Landing II
being a 29 single-family unit development on the reaming southern 7.75 portion of the site. The 29 units
being proposed via a Special Permit application pursuant to Section 240-17.1 -Private-Initiated
Affordable Housing Development(PIAHD) from the Planning Board. Segmenting the proposed
development via the comprehensive permit process provided the division of the 13.36-acre parcel into
two development permits,neither development triggering a Cape Cod Commission Development of
Regional Impact(DRI)review. On October 20,2004,the Commission issued a DRI Jurisdictional
Determination to that effect.
A project eligibility letter from Massachusetts Housing Financing Agency was issued for the Settlers
Landing I proposal on November 14, 2005. On December 05, 2005,materials were submitted by the
Applicant to the Town Clerk and to the Office of the Zoning Board of Appeals for the second remand.
Public notice of that remand was duly advertised in the Barnstable Patriot on December 16 and 23,2005,
and notices were sent to all abutters in accordance with MGL Chapter 40A. The Public Hearing opened
on January 04, 2006, and was continued March 01, 2006,March 22, 2006,March 29, 2006 and to April
05, 2006, at which time the Board rendered its decision and granted the comprehensive permit with
conditions. Board Members hearing the remand were Randolph Childs,James Hatfield, Ron S. Jansson,
Gail C.Nightingale, and Acting Chairman, Daniel M. Creedon III.
Attorneys Peter L. Freeman and Michael D. Ford represented the Applicant throughout the hearing.
Project engineer, Daniel A Ojala,PLS, EIT,Down Cape Engineering,Inc.,was also present as was the
Trustees and owners of the property,Jacques N. Morin and Martha M. Morin.
List and Review of Materials Submitted:
The following is a list of materials submitted to the file on the second remand of Appeal 2000-85.
1. An October 28, 2005,Revised December 29, 2005, Staff Report- General Background with Respect
to PIAHD, inclusive of-
0 The October 20, 2004, Cape Cod Commission Development of Regional Impact Jurisdictional
Determination,
• The October 12, 2005, Stipulation of Remand; and
• The November 18, 2004,Agreement—Stipulation of Settlement And Stay.
2. A copy of an information package of materials titled"Settler's Landing Comprehensive Permit
Barnstable Zoning Board of Appeals," submitted by the applicant date-stamped December 05, 2005,
and including the following items:
• No. 1 -Project Narrative Statement,
3
f�
• No. 2 - Copy of a November 14, 2005 letter to Jacques N. Morin, Settlers Landing Realty Trust I
from Thomas R. Gleason, Executive Director,MassHousing Financing Agency,and January 03,
2006,new page one correcting the site approval letter as issued to Settlers Landing Realty Trust.
• No. 3 -An August 18,2005 letter to the Zoning Board of Appeals from Daniel A Ojala,PLS,
EIT,Down Cape Engineering, Inc., listing request waiver for Settlers Landing I.
• No. 4 - Copy of the October 17,2005 Order of Remand issued to Settlers Landing Realty Trust.
• No.5 -Reduced copy of a the proposed subdivision plan for Settlers Landing I, and a copy of the
proposed Planning Board PIAHD subdivision plan for Settlers Landing 1I.
• No. 6-An overall plan showing the combination of the Settlers Landing I and II Plans, entitled
"Settlers Landing Site Development Plan", an illustrated site plan, and a plan entitled"Typical
Home Landscape Plan"illustrating landscaping to be installed on each developed lot.
• No. 7 -Architectural plans consist of eight sheets showing the proposed front elevations and floor
plans of the dwelling to be built on the property.
• No. 8 - Copy of Settlers Landing I, Specification for the Market Homes and Specifications for
Affordable Homes.
• No. 9 -Home Distribution Table-identifying the type of home to be developed on a particular
lot in the subdivision, and those to,be committed as affordable.
• No. 10—Proposed Phasing Plan including both of the PIAHD subdivisions as well as the Chapter
40B development
• No 11 —Copy of the proposed"Declaration of Protective Covenants for"Settlers Landing
• No. 12—Copy of Protective Covenants Agreement as executed between the applicant and
neighboring Trustees of Cobblestone Landing II trust and Maryellen Walker.
• No. 13 —Project Performance Conditions
• No. 14—Landscape Sketch Plan showing proposed screening within the abutting 10 foot buffer
area.
• No. 15—Sewer Easement Landscape Plan
• No. 16—Declaration of Trust Establishing Settlers Landing Realty Trust.
• No. 17—Copy of Private Initiated Affordable Housing Development(PIADH) as approved by
Town Council November 18, 2004.
• No. 18—Project Proforma.
• No. 19—Other Program Components. Copied from Local Initiative Program Guidelines
• No. 20—Proposed Deed Rider
• No. 21 - Proposed Monitoring Services Agreement
• No. 22—Proposed Regulatory Agreement.
3. A copy of a 7-sheet set of plans entitled"Settlers landing 1, Comprehensive Permit Plan in Barnstable
(Hyannis),MA prepared for Settlers Landing Realty Trust"dated August 18, 2005, scaled 1"=40', as
drawn by Down Cape Engineering,Inc., showing the proposed 20 lot division of the northern 5.61
4
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acres and inclusive of a plan sheet illustrated both Settlers Landing I and II subdivision of the entire
site and proposed landscaping and utilities.
4. Copies of the December 05,2005,transmittal letters from the Zoning Board of Appeals Chairman to
select Town agencies requesting review of Settlers Landing I remanded comprehensive permit
application. Letters were sent to: Henry C. Farnham,President, Town Council,John C. Klimm,
Town Manager, Laura Shufelt, Chairman Barnstable Housing Committee,Robert D. Smith,Town
Attorney, David Munsell, Chairman Barnstable Planning Board,Thomas K. Lynch,Director,
Barnstable Housing Authority, John J. Finnegan, Chief,Barnstable Police Department,Harold
Brunelle, Chief,Hyannis Fire Department,Mark S. Ells,Director, Department of Public Works,
Maureen McPhee, Tax Collector, Robert Gatewood, Conservation Administrator,Thomas McKean,
Health Agent, Thomas Perry,Building Commissioner, Thomas F. McDonald, Interim Superintendent,
Barnstable School Department,Margo Fenn, Executive Director, Cape Cod Commission, Thomas F.
Geiler,Director, Health, Safety and Environmental Services,
5. Copy of a December 14, 2005 letter to Michael Jacobs,MBJ Associates, from Arthur P. Traczyk
Principal Planner, Growth Management Department requesting a peer review of the proforma.
6. A December 19, 2005 letter to Chairman Gail Nightingale from Wayne Miller,MD Chairman of the
Board of Health.
7. A December 20,2005 letter from Michael Jacobs,MBJ Associates.
8. Copy of a December 21,*2005 e-mail correspondence from Art Traczyk to Michael Jacobs.
9. Copy of a December 21, 2005 e-mail correspondence from Rob Gatewood, Conservation Agent.
10. Copy of a December 22, 2005 letter to Garreth Markwell,Assistant Treasurer, in regard to consulting
fee and escrow account for the peer review of proforma.
11. December 27, 2005 letter from Sergeant Andrew P. McKenna to Chairman, Gail Nightingale.
12. Copy of e-mail correspondence from Thomas Broadrick on behalf of the Planning Board.
13. Copy of a December 29, 2005 e-mail correspondence for Ruth Weil
14. December 22, 2005 memorandum to Gail Nightingale from Robert A. Burgmann,Town Engineer
with attachments of Water Division Standards of the Water Supply Division, Department of Public
Works. Subsequently revised and resubmitted to the file on January 05, 2006.
15. Copy of an Extension and Amendment to Agreement between Jacques N. Morin and Martha M.
Morin,that extends the May 7, 2002 Purchase and Sales Agreement to January 30, 2005.
16. January 17,2006 email correspondence between Arthur P. Traczyk,Principal Planner and Jacques
Morin. }
17. January 19, 2006, copy of a letter from Arthur P. Traczyk,Principal Planner to Jacques Morin.
18. January 25, 2006 email correspondence including two attached spreadsheets from'Jacques Morin to
Michael H. Jacobs, MHJ Associates.
19. February 10, 2006 email correspondence between Jacques Morin,Arthur P. Traczyk, and Michael H.
Jacobs.
20. February 16, 2006 email correspondence from Jacques Morin to Arthur P. Traczyk.
21. February 22, 2006 copy of the Settler's Landing Financial Analysis as performed by Michael Jacobs,
MHJ Associates.
5
22. February 27, 2006 letter from Stephen Seymour,P.E., Growth Management and including an attached
March 01, 2006 e-mail from Mr. Seymour on the issue of drywells.
23. March 01, 2006 an Extension and Amendment to Agreement was submitted by Jacques N. Morin.
24. A March 13, 2006 draft decision for Settles Landing I as generated by Attorney Peter Freeman
inclusive of the e-mail transmittal.
25. A March 14, 2006 Memorandum to the Board from Leandra Nicolo Administrative Secretary
transmitting a copy of draft decision submitted by the applicant.
26. Copy of a March 13,2006 letter to the Board from Lynn C. Fay, Chair of Cobblestone Landing II
Trust requesting that"Project Performance Conditions"be included in the decision of the Board.
27. Copy of a March 15, 2006 letter to Garreth Markwell,Assistant Treasure from Arthur P. Traczyk on
the Proforma Review by MHJ Associates including the March 10, 2006 Invoice of MHJ Associates.
28. A March 22, 2006 draft of Findings and Conditions for the Comprehensive Permit submitted by staff.
29. Copy of a November 9, 2005 letter to Robert A. Burgmann, Town Engineer from Deerin Babb-Brott,
Acting Assistant Secretary Massachusetts Executive Office of Environment Affairs,notifying the
Town that the proposal to connect Settler Landing I and II and Schooner Village to the Town
Wastewater Treatment facility do not require a Notice of Project Change (NPC) filing. The letter
includes a copy of the Department of Environment Protection Sewer Extension Permit, issued
September 27, 2005. This information was submitted to the Board on March 29, 2006.
30. Copy of Page 9 Schooner Village PIAHD special permit as issued by the Planning Board submitted
March 29, 2006. Submitted with regards to Applicant desire for a 290 sq.ft., expansion of the
footprint of the proposed dwellings.
31. A copy of a March 29, 2006 revised draft Findings and Conditions for the Comprehensive Permit as
submitted by staff.
Findings with Respect to Standing-Review of Jurisdictional Requirements:
Motion:
At the hearing on April 05,2006, a motion was duly made and seconded to find the following findings of
fact on standing,the Jurisdictional Requirements of the Applicant to apply for a Comprehensive Permit
under MGL Chapter 40B as identified in CMR 760 Sections 30-31:
1. The Applicant, Jacques N. Morin, Trustee, Settlers Landing Realty Trust, qualifies as a limited
dividend organization, as defined in the Code of Massachusetts Regulations at Chapter 760, Section
30.02, and under MGL Chapter 40B, Section 20-23, and as that term is used by the Commonwealth
of Massachusetts Housing Appeals Committee,to sponsor low or moderate income housing
developments as defined in said Chapter 40B, Sections 20-23, and the regulations promulgated
pursuant thereto.
As evidenced of this requirement the Applicant has submitted a copy of a Declaration of Trust
establishing Settlers Landing Realty Trust and naming Jacques N. Morin as Trustee. That document
identifies the Trust as a limited dividend organization as defined in CMR Chapter 760, Section
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30.02(f) and 37.02(8). The Declaration was signed on August 3, 2000. The Trust was created"to
sponsor low and moderate income housing development". A copy of the declaration was submitted
on December 05, 2005 as Attachment 16.
2. The proposed Settlers Landing I project has been reviewed by the Mass Housing, and found to be
fundable under the Housing Starts Program of the Massachusetts Housing Finance Agency and/or the
New England Fund Program of the Federal Home Loan Bank of Boston. Both of which are low and
moderate-income housing subsidy programs.
Proof of this is evidenced by a copy of an Amended Site Approval letter dated November 14, 2005
issued to Jacques N. Morin, Settlers Landing Realty Trust from Thomas R. Gleason,Executive
Director, MassHousing Financing Agency submitted on December 05, 2005 as Attachment 2 and a
revised page 1 submitted January 03, 2006. The letter constitutes project eligibility for the 20 single-
family affordable housing development on the reduced site of 5.5 acres.
3. The Applicant has established control/interest in the site as evidenced by:
• A copy of a Deed to Jacques N. Morin,recorded at the Barnstable Registry of Deeds in Book
12257,Pages 241 for the `access' parcel (Assessors Map 237,Parcel 032), addressed as 310
Castlewood Circle,Hyannis,MA was submitted as proof of ownership.
• In regard to the larger 13.14 acres owned by Martha M. Morin, a copy of a signed Purchase and
Sales Agreement dated May 07,2002,between Martha M. Morin and Jacques N. Morin,Trustee
of Settlers Landing Realty Trust was submitted. Extensions and Amendment to the Agreement
were also entered into this file. The last submitted March 01, 2006 and extended the time for
performance to April 18, 2006.
Decision on Standing:
Based upon the three findings cited above and the evidenced submitted,the Applicant has satisfied all of
the requirements for standing pursuant to MGL Chapter 40B and CMR Chapter 760, Section 30-31,
subject to the following condition:
The `access lot' (Assessor's Map 237,parcel 032) shall be transferred into the ownership of the
Settler's Landing Realty Trust, at or prior to this permit being recorded. A copy of that recorded
deed showing the transfer of the lot into the Trust shall be submitted to the file at the time when
proof of this decision being recorded is submitted to the file.
The Vote with respect to standing was as follows:
Aye: Randolph Childs, James Hatfield,Ron S. Jansson,Gail C. Nightingale,Daniel M. Creedon
Nay:None
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Findings of Fact Regarding Consistency with Local Needs:
Motion:
The Board,having found that the Applicant has satisfied the requirements as to standing,proceeded to
make the following findings with respect to the proposed development insofar as it relates to being
consistent with local needs: t
1. The"Settlers Landing I"proposal is before the Zoning Board of Appeals for a comprehensive permit
as a result of an Order of Remand from the Housing Appeals Committee issued on October 17,2005.
This is the second remand of the original August 04,2000,comprehensive permit application
"Settlers Landing". The first remand"Parkside Village Condominiums"was ordered by the Housing
Appeals Committee on May 15,2002,based upon the developer filing of a Notice of Project Change
with the Committee. After the Board issued a decision on that first remand,the applicant appealed
that remand decision to the Housing Appeals Committee.
In October of 2003,the Housing Appeals Committee suspended the hearing process on the appeals in
favor of mediation between the applicant, Town and neighborhood groups. As a result, on November
18, 2004:
• Town Council amended the Zoning Ordinance providing for a Private Initiated Affordable
Housing Development(PIAHD) in the Residence C-1 Zoning District by Special Permit from the
Planning Board, and
• A Stipulation of Settlement and Stay dated November 18, 2004 (hereafter the"Agreement")was
executed by the applicant,Town and neighborhood groups and accepted by the Housing Appeals
Committee on December 23, 2004.
2. The Second Remand Order was the result of the Agreement. The Agreement is applicable to two
recent Private Initiated Affordable Housing Development(PIAHD) Special Permit applications
submitted to the Planning Board and to this Chapter 40B remand to the Zoning Board.
3. In the second remand,the Applicant seeks a comprehensive permit pursuant to M.G.L. Chapter 40B
§§ 20-23 to build twenty (20)three-bedroom, single-family dwellings on a 5.61 acre portion of the
13.36 acre site located off Castlewood Circle in Hyannis. Five (5) of the dwellings are to be
dedicated in perpetuity as affordable units and marketed and sold to families whose income does not
exceed 80%of the annual median income of the Barnstable MSA. The development is to be funded
through the Housing Starts Program of Massachusetts Housing Finance Agency and/or the New
England Fund Program of the Federal Home Loan Bank of Boston.
4. The 13.36-acre locus is presently vacant and undeveloped. It is flat in its topography and there are no
wetlands or buffer areas to the wetlands on the locus. The locus is zoned Residential C- 1, and is
entirely within the Groundwater Protection Overlay District
5. The subdivision of the land proposes 20 house lots that range from 8,725 sq.ft. to 11.607 sq.ft. on the
5.61-acre portion of the 13.36-acre site, and one 7.75-acre lot. The 7.75-acre lot is intended to be
developed as a `sister' subdivision of 29 single-family dwellings"Settlers Landing II". That `sister`
subdivision was submitted to the,Town of Barnstable Planning Board for a special permit pursuant to
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Section 240-17.1 -Private-Initiated Affordable Housing Development(PIAHD)of the Zoning
Ordinance. Neither development is being proposed as age restricted.
6. The Applicant has submitted the following plans and documentation for the proposed development.
• A proposed subdivision plan for the comprehensive permit entitled"Settlers Landing I ,
Comprehensive Permit Plan in Barnstable (Hyannis),MA was prepared for Settlers Landing
Realty Trust"dated August 18,2005 drawn by down Cape Engineering, Inc.,
• A copy of a proposed Planning Board PIAHD subdivision plan entitled Settlers Landing II,which
plan shows the division of the southern 7.75 acres into 29 single-family lots.
• An overall plan showing the combination of the Settlers Landing I and II, entitled"Settlers
Landing Site Development Plan", showing the proposed division of the entire 13.36-acre site into
a total of 49 lots and proposed location of the dwellings.
• A plan entitled"Typical Home Landscape Plan"illustrating typical landscaping to be installed on
each developed lot.
• Proposed plan for utility services entitled"Settlers Landing I , Comprehensive Permit Plan in
Barnstable(Hyannis),MA prepared for Settlers Landing Realty Trust, Sheet C"and a second
sheet titled"Profile Plan for Settlers Landing I"dated August 18, 2005 drawn by down Cape
Engineering, Inc. According to the proposed plans,the dwellings are going to be connected to
the municipal sewer system and the municipal water supply system.
• The architectural plans consist of eight sheets. These plans show the proposed front elevations
and floor plans for the dwellings to be built. The proposed detached single family dwellings
range from 1,248 to 1,980 sq.ft. in living area and include a variety of attractive styles, including
traditional Capes and ranches.
• A Home Distribution Table(Attachment No. 9 submitted December 05, 2005) identifies the type
of home to be developed on a particular lot in the subdivision. Affordable homes are also located
on this table.
• A copy of the Commonwealth of Massachusetts Department of Environmental Protection
approval for connection of the development to the municipal wastewater treatment system dated
September 7, 2005 and MEPA letter of November 9, 2005.
7. The November 14, 2005 Site Approval Letter from MassHousing cites that all of the affordable units
shall only be sold to those households making 80%or below the current median family income for
the Municipality and requires"the developer must establish initial sales prices [of the dwelling] under
the assumption that the buyers have a maximum household income of 70%of the HUD area median
income."
8. The Hyannis Fire Department is satisfied with the road layout,design, and has no public safety
concerns. The Town of Barnstable Police Department has stated that"the comprehensive plan allows
for the proper sight line requirements, and turning radii for entering and exiting the development."
9. The Town of Barnstable Growth Management staff(through Steve Seymour)has reviewed the site
plans and drainage plans for the project and made certain suggestions as to revisions which the
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applicant has agreed to, and based on such agreement, expressed satisfaction with the site plans and
drainage plans.
10. The applicant has also entered into an agreement concerning buffer areas and other land use matters
with the neighbors in the area(as a result of mediation)which are intended to protect the neighbors'
interests and concerns.
11. The applicant has requested that the Zoning Board of Appeals grant certain waivers and variances to
certain sections of the Code of the Town of Barnstable,more specific to the section of the Zoning
Ordinance, Subdivision Control and Affordable Housing. Attachment No. 3 was submitted on
December 05, 2005. This attachment contains a detailed listing of the relief requested. In addition,
the applicant has requested waivers from specific permits and fees from the Town of Barnstable.
12. The Town will allow the applicant to connect to the municipal sewer system and the municipal water
system. However,the applicant is subject to the submission of all appropriate and necessary
application materials as well as any necessary easements. The connection to the municipal wastewater
treatment is through the neighboring development of Cobblestone Landing through Daybreak Lane.
The applicant has secured those rights as a part of the Agreement.
13. Based upon the findings,the application for a 20 unit single family for-sale development on twenty
(20) individual lots on the 5.61 acre portion of the 13.36 acre site, with 25%, or 5, of the units to be
affordable under either the Housing Starts Program of MassHousing or the New England Fund
Program of the Federal Home Loan Bank of Boston and one 7.75 acre lot as described above, and as
conditioned below, is deemed to be consistent with local needs.
The Vote on the finding on Consistency:
The Vote with respect to findings on consistency with local needs was as follows:
Aye: Randolph Childs,James Hatfield, Ron S. Jansson, Gail C. Nightingale,Daniel M. Creedon
Nay:None
Decision and Conditions:
Motion:
At the public hearing of April 05,2006, a motion was duly made and seconded to grant a Comprehensive
Permit to Jacques N. Morin,Trustee of Settlers Landing Realty Trust in accordance with MGL Chapter
40B for the development of Settlers Landing I subject to conformance to all of the following terms,
conditions and restrictions:
1. The development of`Settlers Landing I' is limited to twent3y(20)single-family_detached homes on
'.-..�.. ._ , to--cated on the northern 5.61-acre portion of the locus. The development shall not be
age restricted.s�tricted. Five(5) of the dwellings shall be dedicated.in.perpetuity to affordable h_ ,a ing7. The
affordable units shall be affordable to first time homebuyers whose maximum annual household
income is not more than 80%of the median income in the Barnstable Metropolitan Statistical Area
(SMA) and priced by calculating monthly housing costs, including mortgage payments,taxes,
10
insurance, and association fees. These costs shall not exceed 30% of 70%of the Area Median
Income(AMI) of the Barnstable MSA. Each affordable unit shall be set-aside in perpetuity for the
public purpose of providing affordable housing to persons of low and moderate income. Each unit
shall be deemed to be impressed with a public trust.
2. Either the Housing Starts Program of Massachusetts Housing Finance Agency(MassHousing)or the
New England Funs (NEF) Program shall be the subsidy program under 760 CMR Section 31.01,with
MassHousing acting as Project Administrator in either case. If the funding source changes,the
applicant shall be required to seek modification of this permit from the Board.
3. Development of the site shall be in substantial conformance with the plans presented to the Board
consisting of 7-sheet entitled; "Settlers landing 1, Comprehensive Permit Plan in Barnstable
(Hyannis),MA prepared for Settlers Landing Realty Trust"dated August 18, 2005, scaled I"=40', as
drawn by Down Cape Engineering, Inc. (It is noted that the applicant has submitted for illustrating
purposes a plan sheets showing both Settlers Landing I and II subdivisions in combination.) Settler's
Landing I plans are approved with the stipulation that the plans shall be adjusted to assure that every
lot within-the de_v_elopment-canTaccommodate the proposed dwelling and an attached-one-car garage
�.�_• —--e —- _ _ f ------ ,-
fully m.con-formity with the required setback of thi"s decision he setbacks_authori_zed`in this
decisionshall"be 15=_feetyfron"t yard except.for garages that require 20-foot.front yar_d_setba`ck;10=foot
sides ndUl5=foot rear.y_ard setback
4. All utilities are to be located underground and individually metered to each house. Any easements
necessary for utility service shall be specified on the plan to be endorsed. No habitable building shall
be located on or above any easement, except to facilitate the functional use or protection of the utility
itself.
5. The roadway right-of-way shall be a minimum width of forty-feet(40'). A sidewalk, as shown on
plans and connecting to Castlewood Circle, shall be constructed. Construction of the way, inclusive
of the roadway,berms, sidewalks,utilities,monuments, signs and grass plots shall be in accordance
with applicable Subdivision Rules and Regulations, except as may be waived hereunder. At
minimum lighting shall be provided at the entrances to the subdivision and at the cul-de-sac and each
dwelling shall have a lamp post placed in the front yard.
6. Fire hydrant(s) shall be installed to the requirements of the Hyannis Fire Department. Final layout
and development standards are to be reviewed and approved by the Hyannis Fire Department,
consistent with the terms of this decision.
7. The affordable units shall be distributed uniformly and unobtrusively throughout the development and
in accordance with Attachment No. 9 -Home Distribution Table submitted to the Board on December
05, 2005. For market units Attachment No. 9 is for illustrative purposes only. Market units shall be
constructed as per architectural plans submitted. The quantity of the designs shall substantially
conform to those submitted. Minor initial plan revisions shall be submitted to the Board's Office for
administrative review by staff for distinguishability.
8. All drainage from impervious surfaces shall be recharged on-site. Run-off shall not be permitted to
flood into the adjoining lots or streets. The applicant shall be responsible for providing site drainage
that meets Public Works requirements to retain or reduce the difference between the pre and post
development stormwater flow. All plans and specifications shall be reviewed and shall be in
11
I
compliance with the requirements of the Department of Public Works. Provisions shall be made that
the catch basins, and leaching structures shall be regularly maintained.
9. The applicant shall have prepared a subdivision plan in accordance with the Planning Board
Subdivision Rules and Regulations except as waived herein, suitable for endorsement by said Board,
and recording at the Registry of Deeds. The Zoning Board of Appeals, within 30 days of receipt of
the plan shall make a determination on compliance with the terms of this decision and upon
determination that it is in conformity shall endorse such plan. The plan shall reference this decision
and shall document the imposed setbacks in this decision. Said plan and this Comprehensive Permit
Decision shall be recorded within sixty-days(60) of endorsement of the plan.
10. Security and inspections necessary to ensure the completion to development standards for the sewer
system,water delivery system,underground utilities,roadways and landscaping of the subdivision
shall be established 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 form and amount acceptable to the Zoning Board of Appeals
pursuant to the advice and guidance of the Town Engineer and Town Attorney to ensure that any on-
site work initiated will be finished including landscaping, and be in conformity with the terms and
conditions of this decision and consistent with applicable Subdivision Rules and Regulations.
Approval will be handled administratively. An appropriate portion of the above described security
shall be maintained to ensure completion of individual home site landscape. In the alternative to
security, individual certificate of occupancy shall be issued only upon completion of the landscaping
for each home site.
11. The dwelling to be constructed shall be substantially in conformity to Architectural plans presented
consisting of eight sheets and constructed to minimum specification as per Attachments No. 7 and 8
submitted on December 5, 2005. The structures will be of wood frame construction with clapboard
fronts, shingled rear and side elevations or better, insulation as per Mass. energy code. To the extent
required under and in conformity with the Massachusetts Building Code, each unit shall have low
flow toilets and showers, energy efficient appliances and thermal windows and doors. Consistent
with applicable codes,they are to be energy efficient units and encourage the conservation of energy
and water resources.
12. All homes within Settlers Landing 1, shall provide visitability. Both market rate and affordable homes
shall have wider door frames on one exterior entranceway and on all first floor interior door frames,
except closets, and wider I"floor bathroom door frames. In addition, all affordable homes shall
provide an exterior exit wood platform with stairs. The top of the platform shall be placed directly
under and abutting the bottom of that exterior door threshold.
13. In regards to garages,eight of the market rate units may have garages. Upon-theconstruction_of_a
ninthF g g'o_ n a market.rate united each subsequent garage constructed-on-a=market rate-rate its
Ithereafter_shall createa_requirement'for`the`applica`nt to construct a garage fora-an -unit. If
(all.aff ble units have garages,aher all.market�ra-te-units_may have garages. Each lofupon which
an,affordable=dwelling-is-is -located-shall`haretlie dwelling footprint placed upon the-lot-to�
accommodate e pansion of"the it ellingaPri'~ or..to the ss-uance of the first occupancy permit for the
E - ----r -
ast-market.rate unit-in-thedeveellopment;ttheBn lding.Commissioner shall determine whether thhe
ratio of market rate units with_garages;andt'affordal?le units with garages complies with fhe firsftwo
sentences of this paragraph. If the Building Commissioner finds non-compliance,prior to the
12
issuance of the last occupancy permit for the last market rate unit, the applicant must 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.
14. Accessory Structures, including garages,whether attached or detached shall be required to conform to
all applicable setback requirements.
15. A minimum of two (2) on-site parking spaces per dwelling unit shall be provided. A one car garage
shall be counted as one parking space. A two car garage shall be counted as two parking spaces.
Outdoor paved parking spaces shall not be less than 17 feet by 10 feet.
16. The landscaping of the homes shall be substantially in conformance with the plan-submitted entitled
"Typical Home Landscape Plan". Front yard areas shall be appropriately loamed and seeded or
sodded, and with the appropriate shrubs and evergreen foundation plantings. All plants and planting
beds are to be mulched. -
17. The applicant shall exercise best efforts to retain existing deciduous and evergreen trees in
accordance with the notes contained on the"Typical Home Landscape Plan" sheet.
18. All dwellings are to be served by public water and connected to the municipal Wastewater Treatment
system of the Town of Barnstable. The Applicant shall be responsible for securing all necessary,
permits from the Commonwealth of Massachusetts Department of Environmental Protection,MEPA
Secretary of Environmental Affairs, and the Town of Barnstable for the connection to the Wastewater
Treatment Facility prior to the issuance of any building permit. The Town shall issue a sewer
connection permit following the submission and approval of all appropriate and necessary application
materials, fees and the receipt of any necessary easements. The Applicant shall be responsible for all
costs to connect to the Town's wastewater treatment system and to the public water supply. The
Applicant shall be responsible for installation of all utilities, including the sewer connection system,
and connecting of all dwellings to water and sewers. All applicable rules,regulation and design
standards shall be followed for the design and installation of the water service system and the sewer
collection system. The Department of Public Works of the Town of Barnstable, shall review the
system to assure compliance with applicable rules and regulations.
19. All roof runoffs shall be collected in gutters and directed into dry wells, grass areas or planting areas
as approved and agreed upon as per Finding No. 9.
20. The properties shall be addressed and each dwelling's roadway number must be posted in accordance
with the Code of the Town of Barnstable Chapter 51,Building Numbering. All signage on-site shall
conform to the Town of Barnstable Zoning Ordinance.
21. The'S affordable dwellirigahall=be=located as=pr-opo"sed in-plans submitted.on Lot.Numbered,_1,_7_,-13,
45 18 �Two,are to`be theT`Virieyard'_styl7,,twoNntuktI"stylea d ne Nanu� , n ck`et"I
Reverse'style.rAll oftheaaffordable_uni"ts-steal-l-beA ree-bedroom.unitswith full basements"�----.
13
22. Exterior finishing, landscaping and facilities including irrigation systems (if installed) shall be
provided to each of the dwellings equally regardless of the unit being market rate or affordable rate.
The two affordable styles shall also be available as market rate units. The affordable units shall be
distributed uniform) and unobtrusive) throughout the development. The"affordable"unit shall not
Y Y g p
be perceptibly distinguishable from the market rate units.
23. The applicant shall utilize the Housing Assistance Corporation's Cape Home Ownership Center
(CHOC)or another agent mutually acceptable to the Town and Applicant in selecting eligible buyers
for all the affordable units. The Cape Home Ownership Center is to verify income and asset
limitations, affirmative marketing, first time homebuyers, and appropriate lottery procedures for
buyer selection, consistent with the terms of this decision. To the maximum extent permitted under
the law,there shall be a local preference for the sale of the affordable units to the maximum extent
provided by the applicable federal and state laws and regulations or the subsidy program. This local
preference refers to persons or families who are either(a)Barnstable residents, (b)the children and
parents of Barnstable residents, (c) employees of facilities within the Town of Barnstable.
24. The Barnstable Housing Authority or another qualified monitoring agent acceptable to the Town shall
be the monitoring agent for this development. All costs associated with monitoring for consistency
with the regulator agreement shall be borne by the Applicant. A copy of the Monitoring Services -
Agreement executed between the developer and the Barnstable Housing Authority, or another non-
profit monitoring agent mutually agreed to by the Board and the applicant, shall provide that the town
has the authority to enforce the agreement and assures that profits do not exceed 20%of total
development costs,which costs must be appropriately allocated between Settlers Landing I and II by
the monitoring agent.
25. The applicant shall prepare a Regulatory Agreement and Monitoring Service Agreement for review
and approved by the Town Attorney's Office and consistent with the terms on this comprehensive
permit. The Regulatory Agreement shall state the affordable units shall remain affordable in
perpetuity to first time homebuyers whose maximum annual income is not more than 80%of the
median income in the Barnstable Metropolitan Statistical Area(SMA)under a formula which
establishes maximum resale price based on income of the eligible buyer and provides sufficient time
to locate an eligible purchaser.
26. The applicant shall have recorded at the Barnstable County Registry of Deeds a deed restriction as
reviewed and approved by the Town Attorney, assuring that the unit remains affordable in perpetuity
and is protected in the event of foreclosure from loss of its affordability status and include language
establishing an expanded notification procedure for re-sale and expanded notification to the Town and
monitoring organization.
27. The Board shall require an audit 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 and the Town to show that the profit made is within the 20%limitation imposed.
The Board shall require that the gross proceeds from the sale of the last market rate dwelling(or an
amount equal to the average sales price of the twelfth,thirteenth and fourteenth market rate units sold
in the event that the Applicant purchases the last market rate unit) or a letter of credit acceptable to
the Town shall be held by the monitoring agent in escrow until this accounting is certified and no
cuancyermlTur _ eocppslsse foth rateakt nitluntil the gross proceeds from the sale are
----.
14
received by the Monitoring Agent. Any profit in excess of the 20%limitation rule shall be governed
by the terms of the regulatory agreement.
28. (No-appl-ication for--a-building-perrnit ssteal=l±be-accepted-by-the_Building.Division until the.follo_w ng
has been filed with the-Build"ing Division-and the Office of_the_Zon g Board of_Appeals:
'• A co of all ermits necessa for installation and connection of the development to public
pY P rY p p
water and to the Town of Barnstable Wastewater Treatment Plant, and verification from the
Engineering Division of the Town of Barnstable of all plans and specification for water
supply have been approved.
• Evidence of final approval from MassHousing submitted to the file.
• A copy of the recorded sewer easement that links the proposed sewer system into Daybreak
Lane.
• A copy of this Clerk certified Comprehensive Permit Decision as recorded at the Barnstable
County Registry of Deeds,
• Documentation of the recording of the Subdivision Plan as signed by this Board
• The fully executed and recorded Regulatory Agreement and Monitoring Service Agreement
as recorded and
• A copy of the approved association documents,rules, and regulations as recorded at the
Barnstable County Registry of Deeds.
29rOnly co"plee guild ng-appl-ications_shall-be-reviewed-by-th-e`Burldirig Division and W Building
Permit for any mdividual'home shall"be issued until`the roadway and utrhties are_mstalled'to thel
satisfa on'of the_Department of Public Works and the Hyannis.Eire..Department as verifed'by the
Building Commissioner for access and-fire protection to the_lot.to.be_devetoped�'
30. All construction shall comply with all applicable state building codes, state fire protection
requirements, and Board of Health regulations.
31. The Applicant must use all reasonable means to minimize inconvenience to the residents in the
general area. Audible construction shall not commence on any day before 7:00 A.M. and shall not
continue beyond 7:00 P.M. There shall be no audible construction on Sunday.
32. The applicant shall be permitted to develop the twenty(20) single-family detached homes on
individual lots, such that the ownership shall be that of fee simple interest in individual detached
single-family homes and lots with a homeowners association for maintenance of the common
roadways and facilities, including the sewer system should that system not be accepted by the Town.
All 20 residential dwelling owners of Settlers Landing I and, if approved by the Planning Board,the
29 units in Settlers Landing II shall be members of the Association. The Applicant shall create the
Association prior to the transfer of the first dwelling.
33. The Homeowners Association Documents (herein- after"the Documents"), shall be reviewed and
approved by the Town Attorney for consistency with this Decision and shall be duly recorded in the
Barnstable Registry of Deeds prior to the issuance of any building permit. Should a conflict arise
between any provision of this decision and any of the Association documents, this decision shall
15
control. The association shall be entrusted with the responsibility to preserve the ten(10') foot
natural buffer as requested by the neighbors and agreed to by the Applicant.
34. With respect to the applicant's request for a waiver from Section 240-110 to 122 Growth Management
of the Zoning Ordinance, the Board grantsathe pplicant-request for an assured phasing plan for the 15J
market rate permits na d 5-affordable permits over a threeyearperiod. That.Phasing,P,lan_for_the
permits'shalhbe 4 permits;rn`20-06;and_8'permits for each of.tbe,years.2Q4.7-zand:20:08_ Every permit
all d to`the a`p_plicant'shall'be included.as_part of the yearly building permit;allocations.under�
- - - -
T- _
§�240.114A and B. Wifli regards to the S affordable permits they shall_be_phased with the market
�..�.
permits-in t�f� or_every four building permits issued,,one shall�be for.an affordalile.and_three shall bed
for.market rate units. Additionally;for every four_(4)occupancy perm its-issued,-one.(1)shall.be.fo'r�
an-affordable unit and three(3)shallTbe for the market rate units. The last affordable unitmust be
�completed-and-issued anan occupancyTpermit prior to the-ssuance of occupancy_permits for the last
thee (•3)-m� aarket_rate units:The permits are subject to all other requirements of the Building,DivisiR
for-the-issuance of buildin -permits and the applicant`shall c p with-any-and-all-requirements of
th� omprehensive permit=decision;which must be-fulfilled,and-completed- e ore any building
{permits may i— ssue.,w
35.Fronrtheidat suanceoofthe first-building-permit'for the site;the applicant shallThave up to four
t 4-T ears to com lete,the-develo mint of the ssite and obtain oecu anc ermits for alhthe,units.
However,the applicant upon good faith showing may request a modification of this condition.
36. This comprehensive permit is granted to Jacques N. Morin,Trustee of Settlers Landing Realty Trust
and shall not be transferable to any other corporation,person or entity without the prior written
approval of the Zoning Board of Appeals. For the purposes of this decision a prohibited transfer shall
include the transfer, assignment, and/or assignment of the beneficial interest in the Trust. Intra-family
transfers between Jacques Morin and/or Martha Morin, or transfers to entities wholly owned by or
controlled by Jacques Morin and/or Martha Morin shall not require the Board's approval and shall be
allowed under this paragraph.
37. All financing for this project shall be subject to the terms and conditions of this permit. No
modification of this permit shall occur without the express written approval of the Town of
Barnstable Zoning Board of Appeals.
38. This decision and the conditions contained herein are in addition to and independent of any
requirements otherwise imposed by any other regulatory agency, other than those boards or agencies
for which this Board sits comprehensively. The requirements contained herein shall have
independent legal significance and effect.
The Vote on Conditions:
The Vote on the conditions was as follows:
Aye: Randolph Childs,James Hatfield, Ron S. Jansson, Gail C.Nightingale, Daniel M. Creedon
Nay:None
16
Relief/Waivers Granted:
Motion:
In Attachments submitted to the Board, a number of requests for waivers and variances from the Zoning
Ordinance and from other applicable regulations were cited. In review of the relief requested,the Board
has found that certain waivers/variances may be granted. In issuing of this permit the Board has waived
compliance with the following section of the Code of the Town of Barnstable:
• §240-7 (A)Conformance to Use Regulations only to the extent that it is an exception to requiring
conformity of the building to be erected. Use of all lots shall be that of single-family and its
accessory uses.
• §240-7 (B) Conformance to Bulk and Yard Regulations is granted only to the extent that the
setbacks shall be 15-feet front yard setback, 10-foot side yard setback and 15-foot rear yard
setback, and 20-foot front yard setback for garages.
• §240-7 C Lot Size Requirements to permit the Minimum lot area of 8,725 sq.ft. to 11.607 sq.ft.,
and a minimum lot frontage of 20 for a lot on the radius of a cul-de-sac, and 50-feet for all other
lots.
• §240-7 (D)Lot Shape Factor Requirement in Residential Districts is waived.
• § 240-114A and B and § 240-115B(1)through(3) Growth Management has been varied only to
the extent cited within this decision that has allocated a certain number of permits to be reserved
for the applicant over a period of 4 years.
• § Sections 9-1 through 9-11 (Article I)Inclusionary Affordable Housing Requirements-
Compliance has been waived.
From the Subdivision Rules and Regulations, only the following waivers are granted.
• Section 801 Appendix A 801 Attachment 1:3-Design Standards only to permit a width of Right
of Way to be reduced from 50' wide to 40' wide.
• Section 801-27C (4)to allow deep sump hooded catch basins in lieu of grass-lined swales,
• Section 801-27C (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 only to the extent that curbing shall not be required however, Cape Cod
berms shall be installed on all roadways.
• Section 801-63 C)4 to allow for the calculation of the securities to be based upon a linear footage
rather that based upon the number of lots.
Decision on Waivers:
A motion was duly made and seconded to grant only those waivers cited above. No other variances,
waivers or relief is granted or implied except those specified.
17
The Vote on the waivers was as follows:
Aye: Randolph Childs,James Hatfield, Ron S. Jansson, Gail C.Nightingale,Daniel M. Creedon
Nay:None
Relief on Fees Permits and'Se rarities:,
Motion:
a
With respect to relief from applicable fees,permits and securities:
• No waiver is granted to any permit that may be needed for the construction of the subdivision and
utility connections.
• No waiver is granted to any permit that may be needed for development of the lots and dwellings.
• And,no waiver of any applicable fee or securities is granted.
Decision on Fees,Permits and Securities:
The Vote on granting relief from applicable fees,permits and securities was as follows:
Aye: Randolph Childs, James Hatfield, Ron S. Jansson, Gail C.Nightingale, Daniel M. Creedon
Cy� N- o
Ordered:
The second remand of Comprehensive Permit 2000-085 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 M.G.L. 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 M.G.L. Chapter 40B, Section 22.
Daniel M. Creedon,Acting Chairman Date Signed
I Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify
that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no
appeal of the decision has been filed in the office of the Town Clerk. .
Signed and sealed this day of under the pains and penalties of perjury.
Linda Hutchenrider, Town Clerk
18
0
OF BA
CAPE COD COMMISSION
O .3. t
V -® m 3225 MAIN STREET
P.O.BOX 226
r '
BARNSTABLE, MA 02630
(508).362-3828
9�SACHUS�� FAX(508)362-3136
E-mail:frontdesk®capecodcommission.org
TO: Town of Barnstable Town Clerk;Building Inspector, Town Planner,
Planning Board, Board of Appeals, Town Counsel, and DRI Liaison:
FROM: Gail P. Hanley, Clerk of the Commission
RE: Settlers Landing Jurisdictional Determination Decision
DATE: November 2, 2004
Enclosed please find the Cape Cod Commission Jurisdictional Determination Decision
for Settlers Landing in Barnstable, MA that was decided by the Cape Cod Commission
on October 20, 2004. Should you have any questions, please do not hesitate to contact
our office.
_ I
t�
�OFIME r Barnstable
� o
ti �CVil 0I ;°,`4„ l ei All-ImericaCft
* BARNSUBLE,
9 MASS.1639.
2
�ArED MA't A10 n f E' i t
'
The Town of Barnstable
_ Planning Board 2007
Cri �? �r��;www.town.barnstable.ma.usl�rowtbmana�ement
Jo Anne Miller Buntich,Director
Jacqueline.Etsten,AICP,Principal Planner
Elizabeth Jenkins,Principal Planner
Ellen Swiniarski,Regulatory Review Coordinator
DATE: December 22, 2010
TO: Jacques N. Morin
Trustee of Settler Landing Realty Trust
FROM: Planning Board Office
RE: Release of Lots Under Covenant Settlers Landing I (40B)
and Settler's Landing II.(PIAHAD)
Enclosed are full y executed e te d Release of Lots Under Covenant for Settler's
Landing I (Comprehensive Permit#2000-85) and Settler's Landing II
(Subdivision #812).
Based upon report from Steven Seymour, P.E. the Planning Board voted
unanimously (5/5) on September 27, 2010 to release al(lots under
covenant in both Settler's Landing I & II. An Irrevocable Standby Letter of
Credit No. 7007011920'to the Town of,Barnstable Planning Board from
Cape Cod Cooperative Bank in the amount of$121,800.00 and the
requisite recorded Temporary:Construction Easement for Settler's
Landing I & II have been deposited with the Town Treasurer as surety for
the completion of all of the outstanding road work for Settler's Lane as
described in Steven Seymour, P.E. attached report to the Planning Board
dated September 22, 2010.
Enclosures: Original Form G-Comp Permit 2000-85(Settler's Landing 1)
Original Form G-Subdivision#812(Settler's Landing 11)
September 22,2010 report regarding outstanding roadwork,'Steven Seymour,:P.E.
CC:. Subdivision 8,12 File
Comp. Permit 2000-85 File
JoAnne Miller Buntich, Director, Growth Management Dept.
Ruth J.Weil,Town_Attorney
1-Tom Perry, Building Commissioner
200 Main Street,Hyannis,MA 02601 (p)(508 862 4679)(fl 508-862-4784
367.MainiStreet,Hyannis,MA 02601 (p)508-862-4678(f)508-862-4782
f
®� Barnstable
m
BMMSI'ABLE, * ABAmerEcaCd�
MASS.
059. ��® Town of Barnstable Q
tED NIA
Growth Management Department
�vww.town.barnstable.ma,us/gro�wthmana Bement 2007
` Jo Artne Miller Buntich
Director
Date: September 22, 2010 <f
To: Planning Board Chair <w
From: Stephen Seymour, Senior Engineer, GnnD
p Y
Subject: Subdivision# 812 - Settlers Lane 1 and 2 — Lot Releases UPDATE
In response to a request from the'-,developer to establish security in order to
release all lots from covenant I have inspected Settlers Lane and I have no
objection to the release all of the.lots from covenant providing $121,800 in
securities is placed with the Town of Barnstable.
Road and Utility Construction Status:
1. The base course of pavement is in place. The drainage, water and sewer
pipes have been installed:
2. The electrical system is*complete and power is*available to the
subdivision.
3. The pump station is complete and-the pump test was successfully
completed this morning.
4. Work remaining in the subdivision includes: anticipated minor work on the
base pavement, installation of the top course of pavement, establishment
of an acceptable stand of grass, raising the sewer manholes in the two
cul-de-sacs to grade, as-built plans, and the installation of the concrete
road bounds).`
As background I would note the.approval of this subdivision work was granted
during two different processes. Settlers Landing 1 was approved as a 40 B
project that created 20 lots. Settlers Landing 2 was created as a Private Initiated
Affordable Housing Project (PIAHD) that created 29 lots. These two projects
367 Main Street,Hyannis,MA 02601(o)508-8624678(fl 508-8624782
200 Main Street,Hyannis,MA 02601(o)508-8624786(fl 508-8624784
have been to this date constructed for all intensive purposes as one construction
project. In fact these two projects are interdependent for vehicle access as well
as access to utilities. Because of the interdependence of the two projects and
the request by the developer to release all lots from covenant I have calculated
the security as one lump sum covering the two projects. The developer is in
agreement with this approach:
This report only pertains to the establishment of security for the purpose
ensuring the construction of the road and installing utilities in the roadway.
Additional requirements are contained in the recorded permit documents
recorded at the registry of deeds in book 21233 pages 107 through 138.
Additional Items required prior to obtaining a building permit include but are not
limited to the following: establishing ownership to the site, MassHousing final
approval, security for landscaping of building lots (if required), copies of all
easements provided to town, approved and executed regulatory and monitoring
agreement recorded and submitted to town.
367 Main Street,Hyannis,MA 02601(o)508-8624678(f)508-8624782
200 Main Street,Hyannis,MA 02601(o)508-8624786(f)508-862-4784.
Ct�
SUBDIVISION ROAD AND UTILITY COSH' ESTIMATE
WITH ELECTRIC AND SEWER COMPLETE
SUBDIVISION NO.: 812 SUBDIVISION NAIVE: Settlers Landing 1 & 2
DATE: 9/22/2010 ESTIMATOR: SGS
ROAD NAME ROAD LENGTH
.Settlers Lane 2240
TOTAL LENGTH 2240 . .
ITEM DESCRIPTION COST
CLEAR COMPLETE
GRUB COMPLETE
ROUGH GRADE COMPLETE
DRAINAGE COMPLETE
WATER _ COMPLETE
GRAVEL BASE COMPLETE
FINE GRADING COMPLETE
ELECTRIC/PHONE COMPLETE
PUMP STATION COMPLETE
HOT MIX ASPHALT BASE REPAIR $3,00000
HOT MIX ASPHALT TOP COURSE $55,000.00
SIDEWALK TOP COURSE $9,000.00
LOAM& SEED & ROAD LANDSCAF . $3,000.00 s
BOUNDS 5 6 00.00
AS BUILT PLANS $5,600.00`°
s TOTAL COSY $81,200.00
'ISO% of total cost $121,800.00
TOWN OF BARNSTABLE PLANNING BOARD
FORM E
RELEASE OF LOTS,UNDER COVENANT
Barnstable,Massachusetts;date. May 18,2010 _
The undersigned,being an authorized agent of the Planning Board of Barnstable,Massachusetts,hereby certifies that
the following lots owned by Martha M'Morin Trustee of Settlers Landing II Realty Trust ,,securing the
covenant dated Judy 13 20 Qq and recorded in Barnstable District Deeds,Book 23898 Page 192—,
(or registered on Certificate of Title No. ;Document# );and shown on a plan entitled"
Settlers Landing II(Subdivision 812) Definitive Plan Subdivision of Land in Barnstable(Hyannis).MA;prepared for Settlers
Landing II Realty Trust being shown as Lots 21 through 49 inclusive
and recorded with said Deeds,
Plan Book- R1 n l Page4—,(or registered in said Land Registry District,L.C.# .11 are hereby released
from the restrictions as to sale and building specified in said Covenant.Said lots are designated on said plan as follows:
Lots 21 through 49 inclusive.
SUBDIVISION# 812 uya Authorized Agent,Planning Board of the
Town.of Barnstable
COMMONWEALTH OF MASSACHUSETTS
Barnstable,Massachusetts,ss
Then personally appeared o_q Mon '6+ L OLA C an authorized agent of the
Planning Board of the Town of Barnstable;Massachusetts and acknowledged the foregoing instrument to be the free
act a deed of said Planning Boar ,befo me. ✓ + /
G, 1.1 C G 5 i66e� tc' �7
6 Cj -S715
NOTARY PUBLIC My commission expires: �� 2-2)a
After recording, return to:
Town of Barnstable Planning Board $ Ch�stine Ado
200 Main-Street NOTARY PUBLIC
Hyannis,MA 02601 allh ofMassachuseft
My Camnidsion Expires May 26,2097
r
TOWN OF BARNSTABLE ZONING BOARD OF APPEALS
FORM G
RELEASE OF LOTS UNDER COVENANT
Barnstable,Massachusetts;date May 18,2010
The undersigned,being an authorized agent of the Planning Board of Barnstable,Massachusetts,hereby certifies that
the following lots owned by Jacques N. Morin.Trustee of Settlers Landing Realty Trost - securing the
covenant dated July 8 2019—Land recorded in Barnstable District Deeds,Book 222B ,Page 88—,
(or registered on Certificate of Title No. -,Document# ' ),and shown on a plan entitled"
Settlers Landinq I,Comprehensive Permit Plan,in Barnstable(Hyannis).MA,prepared for Settlers Landing Realty Trust,
Dated:Aug. 18,2005,Revised July 18,2006,Ref.ZBA Decision,being shown as Lots 1 through 20 inclusive,
ZBA Decision recorded in Book 21233,Page 107 ',and recorded with said Deeds,
Plan Book 610 Page 94 _,(or registered in said Land Registry District,L.C.# ), are hereby released
from the restrictions as to sale and building specified in said Covenant.Said lots are designated on said plan as follows:
Lots 1 through 20 inclusive.
COMPREHENSIVE PERMIT#2000-8.5` �Q.a t 4 d ,r,.Lk22=-- Authorized Agent,
Zoning Board of Appeals of
Town of Barnstable
COMMONWEALTH OF MASSACHUSETTS /
Barnstable,Massachusetts,ss 920 L 0
Then personally appeared 61 atJ U �� an authorized agent of the
Planning Board of the Town of 8arnstable, Massachusetts and acknowledged the foregoing instrument to be.the free
act and deed of sai tanning B before me.
NOTARY PUBLIC My commission expires: �Y Crn / 3..jai
After recording, return to:
Town of Barnstable Planning Board
200 Main-Street
Hyannis,MA 02601
Lam.
IS TA,131 E
if BAR`
�p 1NE ip� Town of.Barnstable`.
h
MSTAaLF Growth Management Department 22. Rl 1: t
,6 ,.m� 367 Main.Street, Hyannis,.MA 02601 -Jo Anne.Buntich, Director
rE0 MA{
,, —R'egulatory Review Services
`fit 200Main.Street, Hyannis, MA 02601
Phone(508)862-4785 Fax(508) 862-4784
December 21, 2010
Jacques N. Morin, Trustee`of Settlers Landing Realty Trust
1597 Falmouth Road (Route 28), Suite 4
Centerville, MA.
Reference: Comprehensive.Permit No. 2000-085 Settlers Landing 1 — Requirements still _
necessary for building permit applications: ;3
Dear Mr. Morin,
Regarding Settlers Landing I and.the recent release of"the 20 lots from the subdivision covenant,
you should note that there remains outstanding permit requirements that must be satisfied.:prior to
submitting any building permit.applications for;those lots. The two items that still need to be
submitted to the file are:
• A copy.•of Mass.Housing's final approval of the development as'a 40B project-under the
Housing Sta'rts_Program or,the New England Fund (NEF) Program, and.
A copy of the fully executed and recorded Regulatory Agreement and'Monitoring
Service Agreement as approved by MassHousing and the Town Attorney's Office.
Concerning building permit applications, you shouid.note-that in addition.to the lot release,
Condition No. 29 requires that the°Building Commissioner verify that satisfactory access and fire
protection is provided to the lot to be developed before issuing the building permit for the lot.
have attached a copy'of a "Chart on-Permit Requirements &Completion" last dated.September ,
29, 2010 that.references those items completed and those still outstanding. The numbers located
at the bottom of each box references the,specific Conditions of the permit..
Re pectfully,.
t
Arth r P. Tr czyk ":.Regulatory Review/Design Planner
File—ZBA—Correspondence—2010-L-122110 to Morin on zba 2000-085 Settlerss.doc
Copy: Laura F.Shufelt,Chair,Zoning Board of Appeals
Ruth J.Weil,Town Attorney
Tom Perry;Buildin^ g o missioner '
Jo Xh-r e`Mil1Fr Bunfi'ch, Director,Growth Management Department"
ZBA Files 2000-085-Settler's Landing F
Settlers Landing I - Chart on Permit Requirements & Completion
Shaded boxes appear to be completed The bottom number references the Condition number
Draft-Revised 09-29-10 traczyk-_files Q—Boards&Commissions-Zoning Board of Appeals—Chapter 40 B—"Settlers Landing I—Chart on Permit Requirements&Completion"
, RevIsedvPlan to 4Subdivislon CompyPermlt
,g�� �`si�`���+-� ���}a;�'e°` fir'. �a ��
Pre- c reflect BoaGrd ' P.lans signed Subdlvlslp, !
Development condltionss 0by�BoardZ 06HIRRecorded
�,,,&*submit to°file
3others � r9. -. ` r , g28: �
Before any * pplicant MassHousing Security f/ D1.E�MEPA a �Se a TA approved & RTAapprovedg
building :establish Final completion Sec' Enu` easements executed assoclatlon
ermit ownership. oall a royal utilities, roadway& ;'Affalrsxf&TOB secured & ` Regulatory & B'� ocsk& /r
g ry k
p4 pp e d
of sit submitted landscaping per �rapprovalF&�tti copytofiles" Monitoring recorded&tom fled
� � DPW,'a TA ermits to"� 10"natural
pp: �p. Agreement
' _`�` Housing Starts a�..3 -maca..�awa_ a,`x n3�'. a_'.�,`. G
(as-penStandmg) per Sub. R&Rconnection to�r 3 recorded &to file , buffer)f�
Program or New tr 5
g UW1ffF&watery IM,f K ,
a4f 3 x+ En
gla'nd Fund z #3'x � , a
28 2 10 . 18 28 ,8,&,28 28, 24, 25 23
Unit Permits All homes Dwelling '5 affordable Roadway & Wal�versfo for every .
Settlers I, shall positioned so as on Lot No: 1, utilities installed GroW 1 4 permits
t d to accommodate
provide 7, 13 15, 18. to satisfaction `Ma4nagemen8 —
future garage 2-'vineyard' DPW & HFD �'ex rred 2008 laffordable 3
visitabiiity p.
2-'Nantucket 1" �. t
verified by market
1 'Nan.Reverse s�
.Build.Comm.
12 13 zba 21 29 4
Prior to any installation of for every 4
occupancy all utilities, to occupancy
Permit dwelling permits
l affordable
3 market
18 _ 34
ZBA requires dwelling footprints to be adjusted to accommodate future garages- note also Fire Dept.(6).& Engineering (8). Assumed completed prior to final subdivision plan.
? Subdivision Plan endorsed by ZBA on 07-06-06
3 Subdivision Plan recorded 07-31-06.- Plan Book 610 page 93—Comprehensive Permit recorded.07-31-06—Book 21233 page 107
' Completed as per Trustee Certificate filed book 23898 page 171 (copy in file sub 05-18-10)
5 Submitted in May 21010 disk copy
G Submitted in May 21010 disk copy -
Submitted in May 21010 disk copy
8 The waiver granted to Growth Management Provisions for Settlers I expired 2008. All permits are now fully subject to G.M. Provisions.
Upon transfer Home
of first unit Association
created prior to
transfer of first
dwelling
32
BUIMarket Unit See garage
with Garage Condition No.
13 zba
4 years From affordable 4 years to
First Building completed & complete
Permit occupancy development&
permit issued obtain all
prior occupancy
occupancy permits
permits for last
3 markets
•34 35 zba
Last Market Cost
Rate unit certification
(prior to required &
transfer) deposit
27 zba
4A
To : Whom it may concern
From : Deputy Chief Melanson
Date : 16-JAN-06 n
Subj.: Settler's Landing I �J
Settler's Landing II b
Schooner Village
I reviewed the latest plans for the above three proposed
developments with Mr. Jacques Morin on Friday, 13-JAN-06.
I found the firefighting and rescue access to be compliant to 780
CMR State Building Code and 527 CMR section 25 of the Fire Prevention
Code. The turning radius for the entrance ways as drawn provide proper
access for our larger firefighting vehicles.
Available fire protection water supplies in the area have been
determined to be of sufficient volume for these projects
During discussion with Mr. Morin some of the hydrant locations
were adjusted to take into account other utilities in the street while
maintaining required spacing. Mr. Morin has a marked plan for each
development.
Below I have listed the location for each hydrant at each project.
In all cases they are located at the edge of the street layout on the lot
lines of the lots noted below,
Settler's Landing I East side of street between lots 15 & 16.
Settler's Landing II East side of street between lots 19 8v 20.
Settler's Landing II East side of street between lots 25 8v 26.
Settler's Landing II East side of street between lots 31 8s 32.
Schooner Village East side of street between lots 17 8s 18.
Schooner Village East side of street between lots 23 8y 24.
Schooner Village East side of street between lots 28 8s 29.
If this Department can be of further assistance, please feel free to
contact me.
Dean L. Melanson, Deputy Chief
Hyannis Fire Department
M
IKE Town of Barnstable
BAMSTABLZ Zoning Board of Appeals Gail Nightingale,Chairman
i6jA 200 Main Street�Hyannis,Massachusetts 02601 Phone(508)862-4785 Fax(508)862-4725
FD IMi�
Growth Management Department
367 Main Street,Hyannis,MA 02601
Ruth J.Weil,Director
Date: December 05, 2005
Q _
To: Tom Perry, Building Commissioner o. rn c
.n
Town of Barnstable,Building Division J
200 Main Street, Hyannis, MA 02601
1 co
/
From: t a
V V`
o r-
Gail C.Nightingale, dhairman tv
Zoning Board of Appeal
Reference: Request for Review of Chapter 40B, Comprehensive Permit Application- Settlers
Landing I T Remand of Settlers Landing/Parkside
Enclosed is a Chapter 40B Comprehensive Permit application submitted by Settlers Landing Realty Trust,
Jacques N. Morin Trustee, for the development of 20 single-family dwellings to be located on 5.61 acres
located off-Castlewood-Circle_in_Hyaoni's? Five(5) of the dwellings are to be affordable units marketed
to qualified low and moderate-income households.
This application is being submitted in accordance with an Order of Remand issued by the Massachusetts
Housing Appeals Committee.
The Comprehensive Permit process designates the Zoning Board of Appeals as the local permitting
agency. The Board is requesting your agency's review of the application and would appreciate knowing
any of your concerns with respect to the proposed plans and development prior to issuing a decision on
this application.
This Comprehensive Permit is being scheduled for a public hearing on January 04, 2006. If you could
provide your comments to the Board's Office by December 29, 2005 it would be greatly appreciated.
Should you need any additional information,please contact Art Traczyk, Principal Planner or Ellen
Swiniarski, Administrative Assistant at 862-4785. Thank you for your participation and assistance.
Attachment: Comprehensive Permit Application Settlers Landing
Jacques PIAHD & Chapter 40B-Buildint Permits Commitments- Updated as of'January 25, 2007
Market g2g 2007 2008 2009
Affordable Permits Market Market Market
Permits, Permits Permits Permits
se . 43 reserve reserve reserve
Schooner Village 23 �' 8 ' 8 V 7 For every 5 permits issued to the
PIAHD - development l must be an affordable permit
y» ;
(i ` 3 2
Settlers Landing II 23 ,: 4fi 8 V 8 3 For every 5 permits issued to the
PIAHD development 1 must be an affordable permit
li 2 4 '
Settlers Landing I 15 NMI 6 6 For every 4 permits issued to the
Ch 40B development 1 must be an affordable permit
5 2 2
Totals Market Rate - 61 y p 22 21 3
ss rve reserve reserve reserve
A,torvlublcr I'esrrlrts .17 � t-: 7 8
.- x .+.-.d .;:w �,,. ,.,:,..,,N ,�'..,.2« �, ,.. „ ate.. .. .....�. ..,«f: e ... .., "�� ,.. .e., ., ,.�.. :. '� ;•,,:.u.
5. .,., Y ..574::-:., .E.� 1 c....q�...5'�, ..•. ,.'..u.. .-,. .��5� -.,.,».,. ....-fi: s,,vro ;''� .. f^ .,a; ... , f.�".i.,, .,q...... s .. � i 6'�:'r 'M pY
b � t re .or,�tt nus�. rket e, -ei• �ts.:vu d -o-thew dY,a 1 �c en>!�1 Qr 2007��=faraa,,.
•
,,F L•�:. e<� SAS ;: ',-,'� �rl ,ZS°p" , .r�..,,�. �. -M",�„ , ,.E ,tF:A';, ''Y/
January 1, 2007—From the Total 103 Marke Rate Permits, 22 permits are placed in reserve for the phasing program allowing 81 Market Rate Permits for the
calendar year. 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 r vserve 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 acques PIAHD Building Pennits.doc