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Home My WebLink AboutCOMPREHENSIVE PERMIT SETTLERS LANE z�� .a�� o�� ;; �� BARN9'MBM MAAA 1679. Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Settlers Landing -Jacques N. Morin,Trustee Appeal 2000-85 -Comprehensive Permit-MGL, Chapter 40B Summary Granted With Conditions Applicant: Jacques N. Morin,Trustee of Settlers Landing Realty Trust Assessor's Map/Parcel: Map 273, Parcels 122&032 Area: 13.36 acres Zoning: RC-1 Residential C-1 & B- Business Zoning Districts Groundwater Overlay: GP- Groundwater Protection District Applicant Request Comprehensive Permit Activity Permitted: Construction of 36 detached single-family homes on 13.36 acres located off Castlewood Circle in Hyannis. Nine(9)units are to be affordable dwellings, marketed to households with an income that does not exceed 80%of the annual median. Procedural: MGL Chapter 40 B APPLICANT: The applicant is Jacques N. Morin, Trustee of Settlers Landing Realty Trust, with an address of 300 Bearse's Way, Hyannis, MA, under a Declaration of Trust signed by the applicant and dated August 3, 2000. RELIEF REQUESTED: The applicant applied for the issuance of a comprehensive permit pursuant to M.G.L. Chapter 40B §§20-23 to build 56 detached three-bedroom single-family homes to be developed on 13.36 acres located off Castlewood Circle in Hyannis. The proposed homes range in size from 1,170 to 1,642 sq.ft. The proposed lot areas ranged from 6,600 to 12,000 sq.ft. (0.15 to 0.28 acre). Of the 56 units, 25% or 14 units were to be affordable dwellings, marketed to households with an income not to exceed 80% of the annual median. The Federal Home Loan Bank of Boston - New England Fund Program (NEF),will finance the development. LOCUS: The development is located on two vacant parcels totaling 582,020 sq.ft. or 13.36 acres. Most of the locus is zoned Residential C- 1, and a small portion is within the Business Zoning District. The entire site is within the GP Groundwater Protection Overlay District. The site is proposed to be accessed from Castlewood Circle. DOCUMENTS AND OTHER INFORMATION SUBMITTED: The following information has been submitted to the file: 1. Application for Comprehensive Permit, Town of Barnstable Town Clerk's Office date stamped August 04, 2000, including a Memorandum and Request for Waivers and the following attachments: • Select section of CMR 760- Department of Housing and Community Development Chapter 40B Regulations. • Letter from Compass Bank, dated August 02, 2000, to Jacques Morin, Bayberry Building Co., Inc., expressing the banks interest in financing construction through the Federal Home Loan Bank of Boston New England Fund. • Section entitled "About Bayberry Building Company, Inc.", provides general Information about the developer. • Copies of a Confirmation Deed dated April 26, 1996 identifying Martha M. Morin as owner in fee simple of an estimated 13.14 acre site - Recorded Book 12119, Pages 311 to 313 on March 11, rl: Town of Barnstable-Zoning Board of Appeals-Decision and Notice Jacques N.Morin,Trustee of Settlers Landing Realty Trust Comprehensive Permit-MGL,Chapter 40B 1999 and a Quitclaim Deed granting to Jacques Morin a 9,578 sq.ft. lot- Lot No. 122 in Castlewood Recorded Book 12257, Page 241 &242 dated May 7, 1999. Together these parcels make up the 13,36 acre site. • Copy of a Purchase and Sales agreement between Martha M. Morin and Jacques Morin to sell the larger parcel for$780,000. The agreement is good until November 15, 2000, however, a 60- day extension is also built into the contract- Provision 30. Copy of a Declaration of Trust establishing Settlers Landing Realty Trust-Jacques Morin Trustee-as a limited dividend organization (profit capped at maximum of 20%)for the purposes of development of low and moderate income housing. • Copy of a June 12, 2000, letter to Jacques Morin from John C. Klimm, Town Manager regarding town sewering. • Copy of proposed housing types-style-and corresponding Lot Numbers identifying those to be marked as affordable. • Site Location Map • Pro forma Estimates-Total development cost is estimated at$8,822,885 plus $97,800 of related expenses to the access parcel. Development revenue is $9,326,800. The estimated profit is $406.114 (4.60%). • Copy of a Regulatory Agreement proposed by the developer(but not approved by an entity of the town, as evidenced by the reference in the document to"Board of Selectmen")to be executed between the developer, funding bank and the Federal Home Loan Bank of Boston, and a copy of a proposed Monitoring Service Agreement to be executed between the developer and an unidentified Monitoring Agent. • Copy of a Deed Rider proposed by the applicant(but not approved by an entity of the town)to be placed on all of the affordable units. 2. Copy of plans entitled"Preliminary Site Development Plan of Settlers Landing prepared for Bayberry Building Co. scaled 1"=40' dated 8-4-00 and consisting of two sheets. 3. Copies of proposed floor plans and elevation of the dwellings to be constructed consisting of 8 sheets. 4. Traffic Impact Assessment,prepared by Rizzo Associates, Inc., May 2000 5. Agreement to Extend time limits for holding a public hearing on the Comprehensive Permit 6. Copy of Zoning Board of Appeals letter, dated August 16, 2000 to various agencies requesting review and comments on the development. 7. A September 15, 2000 letter to Ron S. Jansson, Chairman Zoning Board of Appeals from the Barnstable Housing Committee, citing that the development, from the affordable housing perspective, meets the Housing guidelines, with exceptions, for a Comprehensive Permit. 8. A September 17, 2000 memorandum to Town of Barnstable Police Chief, John Finnergan from Sergeant Stephen J. McGuire on recommendations for the development. They include, sidewalks &curbing for safe foot traffic, frontage sufficient for two car parking, street lighting and posting the roadway as no parking. 9. A September 18, 2000 letter to Ron S. Jansson, Chairman Zoning Board of. Appeals from the Cape Cod Commission providing its review and concerns of the development. 10. A September 18, 2000 note to the file citing that the Health Agent and Board of Health had no concerns provided the units are all connected to the Town's Wastewater Treatment Facility, 11. Copy of a September 6, 2000"Appraisal of an Eleven Lot Open Space Subdivision on 13.36 Acres Off Castlewood Circle ... by Thomas C. Garrahan. That appraisal was submitted by the applicant to document the land value of the site as being $730,000. Submitted at the hearing of September 27, 2000. 12. Copy of a September 29, 2000 Memorandum to Kathy Hinckley, Barnstable Police Department, from Arthur Traczyk, Planning Division, requesting information on accidents in the area of the proposed development. 13. An October 05, 2000, letter to Ron S. Jansson, Chairman Zoning Board of Appeals from Charles M. Sabatt, stating that total cost involved in acquiring Parcel 122, the larger parcel was $44,700.00. Attachment included copies of a deed of John H. Crocker et ux to Martha M. Morin for$5,000 consideration and a Certificate of Redemption identifying that Martha Morin paid $39,700 to redeem the property out of tax title. 14. An October 11, 2000 letter to Sheila Geiler from Peter L. Freeman transmitting a copy of an October 10, 2000 letter to Town Attorney Robert D. Smith. The letter to Mr. Smith addressed some of the Board's concerns expressed at the opening of the hearing, specifically; control of the locus with reference to 24,000 sq.ft. transferred to Thomas J. Flatley(copy of an October 02, 2000 Quitclaim Deed Attached), 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Jacques N.Morin,Trustee of Settlers Landing Realty Trust Comprehensive Permit-MGL,Chapter 40B information regarding the contract between Jacques N. Morin, Trustee and Martha Morin, husband &wife stating that MGL Chapter 209, Sections 2 &3 recognizes that such contract are between individuals, citing that the applicant has status as a limited dividend organization as stated in the trust documents, notations concerning the Compass Bank letter as the development's"site approval"-eligibility letter, and discussions related to the pro forma figures, especially land costs. Satisfying 15. An October 20, 2000 letter to Ron S. Jansson, Chairman Zoning Board of Appeals from Thomas K. Lynch, Executive Director, Barnstable Housing Authority citing the Board of Commissioners review of the development and requesting that the time line for sale of the affordable units be extended from 120 days to 240 days, that the market rate homes be reserved for family living year round in Barnstable, 4 of the units be affordably priced at$90,000 for Barnstable Housing Authority to purchase and rent to families below the 65% median income, and consideration be given to reduction in the density while maintaining the number of affordable units at 14. 16. Copy of a November 07, 2000 Memorandum to Ron S. Jansson, Chairman Zoning Board of Appeals from Thomas J. Mullen, Director DPW and Robert A Burgmann, Town Engineer stating that no waivers should be granted to the Town rules, regulation and design standards for installation of the sewer collection system and that the system should be turned over to the Town for long term operation and maintenance. The letter also suggests that the Board consider requiring the developer to retain the difference between the pre and post development 100-year storm flow. A recommendation that sewer related fees not be waived given that this account is an enterprise account and is funded only by a small portion of the Town. 17. A November 08, 2000 letter to Ron S. Jansson, Chairman Zoning Board of Appeals from Attorney Charles M. Sabatt, providing supplemental comments. The letter includes an argument that the proposed Sewer Connection cannot be accomplished without agreement and consent of the Trustees of Cobblestone Landing II Trust, discussion of the Local Comprehensive Plan policies that are not being followed by the proposed development. Attached is a copy of a"Sewer Agreement" between Cobblestone Landing Inc. and the Town of B, as recorded Book 11090, Page 172) 18. A Transmittal letter dated November 09, 2000, to Sheila Geiler, Administrative Assistant from Patrick M. Butler transmitting two optional proforms. The first contains a price for the land set at the actual purchase price of$65,000 and $85,000. The percent profit is estimated at 16.47%. The second is based upon the Appraised value of the land at$730,000. In that one, the profit was estimated at 7.24%. 19. Copy of"Sketch Plan showing prototype Driveway for Two Cars", dated November 01, 2000 submitted to the Board office and date stamped November 09, 2000. 20. Copy of a November 09, 2000 Follow-up Planning Division Staff Report summarizing accident data submitted to the file from the police department, including Barnstable Police Department Summary Information sheets, Geographic Analysis Forms, and a copy of Accidents By Streets. 21. A November 15, 2000 letter to Ron S. Jansson, Chairman Zoning Board of Appeals from Patrick M. Butler, responding to Cape Cod Commission correspondence, discussing the Local Comprehensive Plan policies as they pertain to the development and responding to Mr. Sabatt's November 08, 2000 letter as related to the proposed sewer connection. The letter contained two attachments, one being a copy of the overall Cobblestone Landing Subdivision Plan, entitled"Definitive Subdivision Plan of Land in Barnstable, Mass (Hyannis) prepared for Capricorn Realty Trust, dated May 5, 1986, Plan Book 425, Page 29, and the second, a copy of the subdivision plan for the area of the proposed sewer connection,with the note" Reserved for Future Roadway 50'Wide". 22. Copy of"Building Layout Comparison Sketch Plan for Settlers Landing"submitted November 15, 2000 showing a comparison of the lot sizes and buildings between the existing Cobblestone Landing and the proposed Settlers Landing. 23. Copy of a November 01, 2000 letter to Ron Jansson, Chairman, Zoning Board of Appeals from Harold S. Brunelle, Fire Chief, Hyannis Fire Department stating concerns for the proximity to the dwellings to each other, the single entrance, turning radius of the cul-de-sacs and possibility of equipment getting trapped within the development. 24. Copy of"Affordability Tables"comparing cost factors of the homes for 73.5%, 75% and 80% of Area Mean Income for Barnstable-Yarmouth SMA. 25. A letter dated January 19, 2001 from Peter Freeman to Chairman Ron Jansson asserting that the applicant retains the rights to a constructive grant of the Comprehensive Permit based upon the continuance of the public hearing. 26. A copy of a letter dated January 24, 2001 to Peter Freeman from Ron Jansson responding to Mr. Freeman's letter of January 19. The letter cited that the need for the continuance was to secure 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Jacques N. Morin,Trustee of Settlers Landing Realty Trust Comprehensive Permit-MGL,Chapter 40B professional consulting services to review the pro forma. The letter notes that earlier dates for the continuance were offered but not accepted by the applicant. 27. Copy of a January 31, 2001 Memorandum to Robert D. Smith, Town Attorney from Peter Freeman on the status of the reserve roadway area in Cobblestone Landing. This document and attachments formulate the opinion of Mr. Freeman that the reserved roadway can be utilized as a"street and way''and therefore can be utilized for a sewer connection. 28. Copy of a real estate appraisal by Lorraine L. Wilson received in the Boards office on February 01, 2001. The appraisal was requested by John Klimm, Town Manager and concludes that the site of this proposed Chapter 40B has a value $325,000. 29. Copy of Financial Analyses of a 36, 32 and 40 home development presented to the Board at the hearing of February 07, 2001 by Edward Marchant, Real Estate Advisor comparing the differing cost and development fees for each. 30. Copy of an Affidavit signed by Edward Morgan dated February 07, 2001, stating that in his opinion that the cost estimates for the homes would average $86.11 per sq.ft. Included was an attachment citing the construction costs for each type of dwelling being proposed. 31. Copy of reduced subdivision plans showing the area labeled"Reserved for Future Roadway- 50'Wide" proposed to be utilized for the sewer connection between the proposed development and Daybreak Lane, including copies of recorded Open Space Restriction - Easement(Book 6592 Pages 030 and 031). 32. Copy of a revised Pro forma Assumptions Page submitted March 21, 2001 inclusive of attachments reviewing the development of 32, 26 and 40 homes presented by the applicant as rebuttal to the figures presented at the February 7 hearing by Edward Marchant. 33. Copy of a Pro forma Submitted May 02, 2001 for a 48-unit development. 34. 'Setbacks", a 2 page document submitted May 02, 2001 proposing a flexible backyard "No Cut Zone"for individual lots. It also proposed a front yard setback of 25 or 30 feet, side of 8 feet. 35. Copy of'Marchant Proposal'summarizing objectives & issues and proposing how to deal with the issues including reduction in units, increase setbacks, reducing right of way, neighborhood support, deed restrictions, land values and others. PROCEDURAL SUMMARY: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 04, 2000. 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 September 27, 2000 and continued to November 15, 2000, February 07, 2001, March 21, 2001, April 25, 2001 and to May 02, 2001 at which time the Board found to grant the Comprehensive Permit for 36 units with conditions. Board Members hearing and deciding this appeal were; Gail Nightingale, Dan Creedon, Tom DeRiemer, Jerry Gilmore and Chairman Ron Jansson. Attorneys Peter Freeman and Patrick Butler represented the applicant. Also present during the hearing were Jacques Morin, Dan Ojala of Down Cape Engineering, Inc., Rob Woodland, traffic engineer with Rizzo and Associates. During the hearing of this comprehensive permit extensive testimony and information was given by the applicant, abutters, town agencies and Mr. Edward H. Marchant, a private consultant retained by the Town. 4 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Jacques N.Morin,Trustee of Settlers Landing Realty Trust Comprehensive Permit-MGL,Chapter 40B FINDINGS OF FACT ON THE COMPREHENSIVE PERMIT: At the May 02, 2001, hearing on this comprehensive permit request, the Board made the following findings of fact. 1. The applicant for this comprehensive permit is Jacques N. Morin, Trustee of Settlers Landing Realty Trust, an organization created "to sponsor low and moderate income housing development". The trust address is 300 Bearse's Way, Hyannis MA 02601. It is signed August 3, 2000. 2. The development is located on two vacant parcels totaling 13.36 acres and is to be accessed from Castlewood Circle. Most of the locus is zoned Residential C- 1,with a small portion located in the Business Zone The entire site is within the GP Groundwater Protection Overlay District. 3. The applicant has requested a comprehensive permit, in accordance with MGL Chapter 40B,for 56 detached single-family homes. The proposed homes range in size from 1,170 to 1,642 sq.ft. Each of the proposed homes is to be three bedrooms. The proposed lots range in size from 6,600 to 12,000 sq.ft. (0.15 to 0.28 acre). 4. Both the Town's Police Department and Fire Department have expressed concerns over the impact this proposed project would have on public safety due to its intensity. 5. The applicant is the owner of Bayberry Building Company, as well as Morin Realty&Associates, a real estate sales office. 6. The applicant proposes that the statutory minimum (25%)of the proposed dwelling units will be affordable. The units are to be dedicated as affordable in perpetuity. According to the application, the affordable units will have a sales price of approximately$114,200. The applicant claims that the market units will sell for$184,000., 7. During the course of the proceedings the Town of Barnstable was nominated as a District of Critical Planning Concern to the Cape Cod Commission. As a result of this action the value of the market rate units will in all probability increase considerably. 8. The applicant's appraisal assuming sewer access and permits in place is $730,000. as opposed to the towns professional appraisal of$325,000. 9. The applicant's wife acquired the majority of the locus for a total cost of approximately$45,000. In addition, the applicant acquired a lot as access to this property for$86,000. 10. The median family income for the Barnstable-Yarmouth SMA was $47,700 as of March 2000. The 80% group accordingly would be those average households making less than $38,160. To meet the requirements of affordability for the affordable units, the cost of housing (including, taxes and insurance) should not exceed 30% of the 80% or$11,448 per year, or$954 per month. 11. Most of the site is surrounded by single family residences with the exception that to the south is a 16 unit multi-family 40B development previously granted by this Board. To the north is a motel use. Residential lots to the east of the development(the Castlewood Circle subdivision), average 1/4 of an acre (10,640+/- sq.ft.). The lots to the west are an open space subdivision, (Cobblestone Landing). Lots in an open space development are based on overall density,which in this instance is slightly over 1/3 of an acre per dwelling unit. However, the average actual lot size is 9,062 sq.ft. Or about 1/5 of an acre. These smaller lots however have the added benefit of open space. 12. Given the intensity of this project, the applicant has agreed that all homes will have to be connected to the Town sewer. 13. The developer proposes to connect to the sewer system on Daybreak Lane via a 50-foot wide area marked "Reserved for Future Roadway'. The 'reserved area' is shown on the Town's Assessor's Map 272 as part of Parcel 201, and is dedicated Open Space, owned by Cobblestone.Landing II Trust. 14. The applicant claims he has the legal right to connect through the 'reserve area'to Daybreak Lane and to the Town's Wastewater Treatment Plant. However, the representatives of the owners of the land deny this. 15. Given the environmental constrains posed by the intensity this development presents, this project must be adequately sewered. 5 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Jacques N.Morin,Trustee of Settlers Landing Realty Trust Comprehensive Permit-MGL,Chapter 40B 16. It is not the role of the Zoning Board of Appeals to adjudicate property disputes between private parties. Nothing in these findings is to be construed as granting the applicant any rights in the"reserve area"that the applicant cannot demonstrate independent from this decision. 17. The Town of Barnstable Local Comprehensive Plan supports affordable housing and the goal to secure 10% of the housing stock as affordable units in perpetuity. The Town of Barnstable has more affordable housing units than any other town in Barnstable County with an estimated 807 affordable housing units as of 1997. However, the town still falls short of its need for affordable housing having only approximately 4.35% of its housing stock dedicated as affordable. However, the town has launched an ambitious campaign through its amnesty program and through its building moratorium to provide for more affordable housing. . 18. The project has been reviewed by several town agencies. Numerous public hearings were held and extensive public testimony was given regarding concerns pertaining to the proposed project. 19. The Police Department and Hyannis Fire Department expressed safety issues as follows: a) On road parking of vehicles b) Limited access (one entrance) c) Inadequate turning radius at the cul-de-sacs d) Equipment being trapped within the development\ The Cape Cod Commission expressed its'concerns regarding environmental issues as follows a) Ability of the Wastewater Treatment Plant to dispose of the additional sewage estimated at 18,480 gallons per day. b) The location of the development in a groundwater protection overlay district. c) Significant nitrate loading due to residential activities d) The lack of open space as well as the extent of coverage by impervious surfaces. Engineering concerns were communicated by the town's Department of Public Works and Engineering Department as follows: that off-site drainage is not increased beyond that which exists today. All drainage from impervious surfaces is recharged on-site and run-off should not be permitted to flood into the adjoining roadways or lots. 20. The 'Stuborn'decision rendered by the Housing Appeals Committee recognizes that under the New England Fund program, a community has an interest and an obligation to review the pro forma including the profit limitations imposed by law. To this end, the town obtained a grant from Mass. Housing Partnership for consulting services. The Board heard testimony at the February 7th, March 21 st and May 2"d hearings on the economic feasibility and developer's fee estimates from its consultant Edward Marchant. The economic review shows that the density can be reduced to address environmental and safety concerns without jeopardizing the economic viability of the development and would still provide for a reasonable profit. 21. Although not to be considered a factor as to whether the applicant's project will exceed the 20% profit limitation, the developer, through various closely held organizations will realize significant profit in addition to the proposed development fees as follows: a) Realized gain on the sale of the subject real estate above the actual cost. b) Real estate commission fees generated to the applicants real estate company; c) Profits generated by the applicant's construction company in constructing the units in this project. Exclusive of any development fees for the applicant, these three sources of additional income to the developer's closely held entities are significant and should not be overlooked. 22. On February 23, 2001, The Town Manager, nominated the entire town as a District of Critical Planning Concern (DCPC)as to residential development. On March 15, 2001, the Cape Cod Commission accepted the nomination and subsequently voted to proceed with the nomination on April 27th, 2001. The objective of this action is to slow the rate of growth of residential units to allow time for an aggressive affordable housing program to take hold. That Affordable Housing Plan was presented to the Town Council on January 31, 2001. The goal is to provide 10%of the housing stock set aside as affordable. The applicant has requested to be exempt from any moratoria imposed 23. In granting comprehensive permits in the past, the Board has relied upon representations that the subsidizing agency involved would be responsible for monitoring the development's continued compliance with the requirements and that the number of units specified in the comprehensive permit as affordable would, in fact, be dedicated to eligible low and moderate income individuals and families. The 6 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Jacques N.Morin,Trustee of Settlers Landing Realty Trust Comprehensive Permit-MGL,Chapter 40B Board has discovered that contrary to the representations made, that in several instances there has been no monitoring performed by the subsidizing agency and that several of the subsidy programs are no longer in existence. As a result, members of the Board are gravely concerned that the purposes of Chapter 40B will be seriously thwarted unless there is an effective, long-term monitoring component contained within each comprehensive permit it grants. The Board's goal in establishing such a monitoring mechanism is so that regardless of the fate of the subsidy program or agency, the citizens of the Town of Barnstable will be assured that the units dedicated to income eligible individuals are so utilized in perpetuity. 24. In light of the threatened loss of affordable housing units within the Town of Barnstable 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. Proposals such as this which set aside the required statutory minimum (25%)of the units as affordable, especially if said units are to remain as such in perpetuity is a step in addressing that need. 25. The applicant has standing to apply for a Comprehensive Permit under Massachusetts General Laws Chapter 40B in that; • It has an interest in the locus involved as evidenced by the Purchase & Sales agreement dated • August 3, 2000. • It is a limited dividend organization as is set forth in its trust instrument signed August 3, 2000. • A qualified funding source has provided a letter of intent in financing the project. 26. The development is deemed to be consistent with local needs and to adequately promote the objectives of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants of the proposed development and the residents of the Town of Barnstable only if the conditions of this comprehensive permit are strictly followed. The Vote was as follows Aye: Gail Nightingale, Dan Creedon, Tom DeRiemer, Jerry Gilmore and Chairman Ron Jansson Nay: None DECISIONS: Based upon the findings a motion was duly made and seconded to grant the comprehensive permit in accordance with MGL Chapter 40B with the following conditions: 1. The development shall be constructed pursuant to plans to be submitted consistent with findings and conditions of this decision. The homes to be built shall be as submitted by the applicant in proposed floor plans and elevation of the dwellings to be constructed. Those plans consist of 8 sheets and copies are in the file. 2. The plan for the development is to be modified to reflect the following changes: • The maximum number of dwelling units shall not exceed 36 single-family detached dwelling units. Each dwelling shall not exceed 3 bedrooms. • No residential lot shall be less than 10,000 sq.ft. in area. • The dwelling must conform to a front yard setback of not less than 20 feet, a side yard setback_of; 'not less than 10 feet and'a rear yard setback of not less than 15 feet • The two cul-de-sacs shall be designed to efficiently and safely accommodate turning movement for school buses and fire trucks, as well as emergency vehicles. Final layout and development standards are to be reviewed and approved by the Hyannis Fire Department and the Town's Engineering Division, consistent with the terms of this decision. • The roadway layout shall be 40 feet in width overall. • A natural buffer of 15 feet is to remain around the perimeter of the site in which no tree cutting or clearing shall be permitted except for the entrance roadway and emergency lane and utilities. Existing trees and underbrush are to remain as it currently exists within the buffer. Within all property deeds, all conveyances of lots within the locus shall contain a conservation easement of a 15 foot buffer running in favor of the Town of Barnstable in perpetuity, articulated in language prepared by the Town Attorney, consistent with the terms of this decision. 3. rPrincipal permitted uselof the lots created by this Comprehensive Permit shall be limited to a single- family dwelling only and attached or detached accessory uses to that single-family dwelling.',-Every' structure shall comply-with the setback requirements of zoning as set forth in the RC=1 Zoning.District' 7 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Jacques N.Morin,Trustee of Settlers Landing Realty Trust Comprehensive Permit-MGL,Chapter 40B 4. The dwellings are to range in size from approximately 1,170 to 1,642 sq.ft. asset forth in the plans presented. The homes will be of wood frame construction with clapboard fronts, attractively landscaped and with night lighting as represented to the Board. There shall not be more than three bedrooms in the aggregate on any lot. The structures location on the plan will be for illustrative purposes only and the Gapplicant shall have the ability to locate the structures with in'the,developable envelope of each lot.as? defined by the required setbacks imposed by this decision 5. The applicant shall set-up a homeowner's association for the units created. This association shall be entrusted with preserving those long term covenants necessary to retain the 15 foot natural buffer, < limiting all structures, including storage sheds, from being placed outside of the building envelope as- defined in this decision. The association shall, among other things maintain street trees, and the vegetation/landscape of the cul-de-sacs. 6. No affordable unit shall be rented. They must remain owner-occupied and appropriate deed restrictions shall be prepared and reviewed by the Town Attorney's Office to ensure compliance with this decision. Such restrictions shall be recorded at the time of sale at the Barnstable Registry of Deeds. The market units shall not be leased for a term of less than six months. 7. Of the 36 dwelling units, 25% or 9 units shall be affordable units and 27 are to be market rate units. The location and selection of the 9 affordable units shall be proportionally constant with that represented to the Board in Attachment 8 of the application package submitted on August 04, 2000. All of the affordable housing units shall have three bedrooms and two bathrooms and shall not be priced to exceed the income guidelines set forth herein and in no event shall exceed $114,200. 8. The applicant shall be permitted to receive all 36 building permits solely for this project regardless of the interim building cap. For every 4 permits issued, 1 shall be for an affordable unit and 3 shall be for the market rate units. Additionally, for every 4 occupancy permits issued, 1 shall be for an affordable unit and 3 shall be for the market rate units. A system shall be implemented to assure that prior to the issuance of any 3 occupancy permits for the market rate units an occupancy permit shall have issued for an affordable unit. The last affordable unit must be completed and issued an occupancy permit prior to the issuance of occupancy permits for the last 3 market rate units. 9. The 9 affordable units, shall be priced to be affordable to family's whose income is 80% or less of the median income of Barnstable-Yarmouth Metropolitan Statistical Area (SMA). The 9 affordable dwellings shall be subject in perpetuity to a deed restriction requiring the dwellings be owned and occupied by low or moderate income persons who are first time home buyers, with priority, to the fullest extent possible, given to year round residents of the Town of Barnstable,who have established their residence here for at lease one year prior to the date of this decision. The mortgage payments inclusive of insurance and taxes for the units shall be based upon 30% of the family unit's income. This restriction shall run in perpetuity with the affordable units, but in no event shall the initial sale price of such units exceed $114,200. 10. The applicant shall utilize the Housing Assistance Corporation's Cape Home Ownership Center(CHOC) in selecting of eligible buyers for the 9 affordable dwellings. The Cape Home Ownership Center is to verify first time homebuyers, income limitation, asset limitation, affirmative marketing and appropriate lottery procedures for buyer selection. Consistent with the terms of this decision 11. The applicant shall attempt to.market the market rate homes to year-round residents of Barnstable by concentrating advertising to local media. 12. 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. It is the applicant's responsibility to obtain all necessary easements and/or rights-of-ways to so do. Nothing in this decision shall be construed as granting the applicant any rights that the applicant cannot demonstrate independent of this decision. No occupancy permits shall be issued until the dwelling unit is connected to all utilities located underground, including electric, gas, public water and town sewers. The applicant shall be responsible for securing all rights to and costs associated in connecting to all such utilities. 13. All Town rules, regulation and design standards shall be followed for installation of the sewer collection system. The Applicant, at his own cost, shall design to Town of Barnstable specifications, and seek State and Department of Public Works (DPW)approval for, and construct, a connection to the municipal sewer 8 I Town of Barnstable-Zoning Board of Appeals-Decision and Notice Jacques N.Morin,Trustee of Settlers Landing Realty Trust Comprehensive Permit-MGL,Chapter 40B system. Those components and all required easements shall be conveyed to the town for long-term operation and maintenance upon completion and acceptance by the Department of Public Works. 14. The development shall be planned so that each lot can accommodate two parked cars. A sidewalk is to be included on one side of the roadway as well as one connecting to Castlewood Circle. Construction of the way, inclusive of the roadway, sidewalk, curbing/berms, utilities, street trees, monuments, signs and grass plots shall be in accordance with applicable Subdivision Rules and Regulations. At rninimum, streetlights shall be provided for at the dead end cul-de-sacs and at the entrance road from Castlewood Circle. Lighting shall be directed in such a manner so as to not intrude into abutting properties Plans and specification conforming with the requirements of this decision shall be reviewed and approved by the Town Engineering Division. The roadways shall be designated as public ways. . 15. Security and inspections necessary to assure the completion to development standards for the sewer system, water delivery system, underground utilities, the roadways and subdivision shall be established in accordance with the requirements of Subdivision Rules and Regulations of the Town of Barnstable, Planning Board. The applicant shall incorporate in the plans for road, sewer, water, and drainage improvements measures to control erosion, sedimentation, and dust during construction. 16. Site drainage shall be required to meet the recommendations of the Town Engineer as set forth in a November 07, 2000 Memorandum. The applicant shall be responsible for providing drainage that meets the Town Engineers minimum requirement to retain the difference between the pre and post development 100-year storm flow. All drainage from impervious surfaces shall be kept and recharged on-site. Run-off shall not be permitted to flood into the adjoining areas or streets. The engineering plan is to be developed to comply with these conditions. Drainage plans and specification shall be reviewed and approved by the Town Engineering Division. 17. A plan, including the modifications required herein shall be prepared by the applicant. That plan shall be suitable for endorsement by this Board, and recording at the registry of deeds. Such plan upon compliance with these terms and conditions shall be endorsed by this Board. The plan shall reference this decision and shall document the imposed setback in this decision. Said plan shall be recorded within sixty(60)days of endorsement. 18. All utilities shall be located underground. Any easements necessary for utility service shall be specified on the plan to be endorsed. No structures shall be located on or above any easement. 19. 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. 20. Each dwelling shall have full basements, low flow toilets and showers, and thermal windows and doors. They are to be energy efficient homes with heating systems, and a water supply that is cost effective to operate for the owner/occupant of the dwelling, and encourage the conservation of water resources. 21. Each home shall have appropriate landscaping installed inclusive of at least a minimum one shade tree (2 inch caliper), front yard area appropriately loamed and seeded or sod, and appropriate shrubs and evergreen foundation and/or entrance plantings. Street trees, 2-inch caliper in size shall be installed on each side of the roadway, a distance of not more than 30 feet apart. In addition, given that this is in a Groundwater Overlay Protection District and that the site is relatively level, a minimum of 15% of the existing vegetation shall be retained in its natural state. To the extent reasonable possible the developer shall use his best efforts to retain any trees 4 inches or more in diameter. 22. 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, which has been reviewed and approved by the Town Attorney consistent with the terms of this comprehensive permit and the Housing Guidelines for the NEF development, executed between the developer/applicant, funding bank, the Federal Home Loan Bank of Boston, and the Town of Barnstable, as well as a copy of a proposed Monitoring Service Agreement to be executed between the developer and the Barnstable Housing Authority, the Monitoring Agent. The applicant shall use the Regulatory Agreement and Deed Restriction model developed by the Town's Legal Department. Both documents must stipulate that affordable units will be affordable in perpetuity and include language establishing an expanded notification procedure for re-sale. 23. Prior to the issuance of any Occupancy Permits for the affordable dwellings, the applicant shall have recorded at the Barnstable County Registry of Deeds a deed restriction as approved by the Town Attorney, assuring that the unit will remain affordable in perpetuity and is protected in the event of a 9 r Town of Barnstable-Zoning Board of Appeals-Decision and Notice Jacques N.Morin,Trustee of Settlers Landing Realty Trust Comprehensive Permit-MGL,Chapter 40B foreclosure from loss of its affordability status. In addition, the affordable units shall have the further restriction that they shall be owner occupied at all times. 24. The Board shall require a full compilation and certification of total development costs (net of related-party expenses)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. 25. This Decision shall be recorded at the Barnstable County Registry of Deeds. Prior to the commencement of construction, the Applicant shall provide the Zoning Board of Appeal's and the Building Commissioner's Office with an attested copy of the decision with all recording information thereon. 26. Addressing and Number posting shall be in accordance with Town of Barnstable General Ordinance Article 5, as to location of house number and posting. 27. The Applicant shall be subject to the requirement that plans be submitted to the Building Department in connection with the approval of building permits for any and all structures that are a part of this development. All construction shall comply with all applicable state building codes, state fire protection requirements and Board of Health regulations. 28. 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 this Board. The beneficial interests of said trust shall likewise be non-transferable. 29. The applicant is seeking funding through the HOME program during the current round of applications to the Massachusetts Department of Housing and Community Development("DHCD"), and shall use its best efforts to secure this funding. If the applicant succeeds in securing funding, the applicant shall return to the Board for the purpose of reviewing what impact it may have on the number of affordable units and the number of total dwelling units in the development. 30. Except to the extent modified by the above conditions, the applicant shall be bound by the submissions contained in the application (as revised)for approval and shall be bound by the representations made by it, or on its behalf, at the public hearings. In addition, the trust documentation shall not allow for any modification of the limited dividend language of the entity. 31. 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 approval of the Town of Barnstable, Zoning Board of Appeals. 32. It is intended that this decision and the conditions contained herein are in addition to and independent of any requirements otherwise imposed by any other regulatory agency. The requirements contained herein shall have independent legal significance and effect. The only waivers and variances granted are those specifically identified within this decision. No other waivers or variance are granted. The Vote was as follows Aye: Gail Nightingale, Dan Creedon, Tom DeRiemer, Jerry Gilmore and Chairman Ron Jansson Nay: None REQUEST FOR WAIVER OF FEES: After discussion of the applicant's request to waive certain requirements and/or reduce fee, a motion was duly made and seconded to waive Building Permit fees for only the 9 affordable housing units. No other fee is waived and it shall be the responsibility of the applicant to pay all other appropriate fees. The Vote was as follows Aye: Gail Nightingale, Dan Creedon, Tom DeRiemer, Jerry Gilmore and Chairman Ron Jansson Nay: None ORDERED Comprehensive Permit 2000-85 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. 10 r - Town of Barnstable-Zoning Board of Appeals-Decision and Notice Jacques N.Morin,Trustee of Settlers Landing Realty Trust Comprehensive Permit-MGL,Chapter 40B Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. Ron S. Jansson, 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. 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MA Lot 3-74°'�$" SETTLERS.LANDING iI REALTY'TRUST ► Y o,a•a"°"V� Arx,anns sy r2 a A� x a>F.u>eeac sa3iAu OAiE- AlCNSi TB;ZWS Yt o:sc'AR, Lot:36: Lot.34 o »� A e D.Ti$-R Lot 35 - mq-la.at 4 UAK a. �Ril'TN.T T>6 RAW RTS: .4 a pXq Qa -aM, 6 0 AOWRCAaLE wm IaID519Y A—lkm"$n.¢a aSSt Iam IiE0.MT Eri 'S JNO—i. arsi - - •ru u Aea+osn,unv.wr'r. down.ca a bI_- - P?.ng eertng,Inc. CIVIL ENGINEERS LAND SURVEYORS GOOglSAaY GS'1 fMgT .• 83 mah:4...pmmwpwk. mi. mm �. ®f "DAIE P1L-PE m �. Sk 21233 P s 107 048,605 a 77-- 1--2C iD a a 03_59V TO NS TA$ � CLERK Town of Barmtable Zoning Board of Appeals M:G.L.,Chapter 40B Comprehensive Permit Decision and Notice Second Remand of Appeal 2000-85 "Settlers Landing P' Applicant: Jacques N.Morin,Trustee of Settlers Landing Realty Trust Property Address: 3,5,7,17,.31,49,59,71,75;19,U,&0 Settlers Landing and 310 Castlewood Circle,Hyannis, MA 4 Assessor's Map/Pamel: Map 273,.Parcels 122-001 through 011,032,and 032-001 r . Zoning: Residential C-1 and Groundwater Protection.Overlay Districts Pennit'Granted: Authoriaed'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 markated.to qualified low and moderate-income households. qBackground Information: The Applicant: Q The Applicant is Jacques N.Morin,Trustee.of Settlers Landing Realty Trust. The address of the Trust is t Cam W jont.Road,RrJutn.hR)�Si—liM dy M,4? ThP Trttcfi wac created by a 17pcharatitm of Trost signed by the applicant.and dated August 3,2000. - _ - �Q ReRef Requested: OnDecember 05,2005,materials were submitted to the Zoning Board as required by pa 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-family,dwellings on 5.61.acre portion of the 0.36 acre site kca:tecl off` Castlewood Circle in Hyannis: Five.(5)of the.dwellings are to be.dedicated to affordable:units,sold only - 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 ZO 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-thee" Stipulation of Settlement and Stay("the Agreement'1. The Agreement is applicable to this Chapter 40B submittal and two recent Private Initiated Affordable Housing Development(PIAHD)special permit Bk 21233 Pg 108 #l148605 applications submitted to the Planning Board. All of which grew out of a lengthy.mediation,process involving the Applicant,this Board and numerous neighbors. F The Locus- At the time this comprehensive permit was origmi ally submitted;the locus consisted.of two vacant parcels totaling 582,020 sq.&or 13.36 aches. 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"Casdewood 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 fimded 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 Dousing 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 refeaed.to as`Parkside Village Condominiums On May 15,2062,the Housing Appeals Committee issued the first Ord&of Remand that was subsequently amended on July 12,2002 with the,issuance of an Amended Order of Remand. On August 06,2002?11assachusetts 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 Housi igAppeals 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,.2G04. 2 Bk 21233 Pg 109 #48605 a. 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 li 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-lnitiated 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 hn isdictional' Determination to that effect.. A project eligibility letter frornMassachusetts Housing Financing;Agency was issued.for the.Settlers Landing I proposal,on November 14,2005. On December 05,2005,.materials were submittedby 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 MCI,Chapter 40A.. The Public Hearing opened on January 04,2006,and was continued March 01,2006,March 22,2006,.March 20,Z06 and to.April 05,2006,at which time the Board rendered its decisioni 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 M. 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.follo%ring is a list of materials submitted to the file on the second remand of Appeal 20.00-85.. An October 28,2005,Revised December 29,2005,,Staff Report-General Background.with Respect to PIAHD,inclusive of:' • The Oi ubci 20,2004, Cape Lod 4ou,niissloll Dave] opment of Regional;impact Jurisdictional Determination, The October 12,2005,Stipulation of Remand;and The November 18,,2004,.Agreement—Stipulation ofSettlement 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, a 3 Bk 21233 Rg 110 #48605 • 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 Oj ala,PLS, EIT,Down Cape Engineering,Inc.,listing request waiver for Settlers Landing I. • No.4-Copy of the.October 17,1005 Order ofRemind issued to Settlers Landing Realty Trust. • No.5-Reduced copy of it the proposed subdivision plan for Settlers Landing I;.and.a copy of the - proposed Planning Board PIAHD subdivision.plan for Settlers Landing I1. •- 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.l,Specification for the Market Homes and Specifications for Affordable Homes. i .• No.9-Home Distribution Table-identifying the type of home to bedeveloped.on:a particular lot;in the subdivision;and those to be committed as affordable. • -No. 1.0-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 R trust and Maryellen.Waller. No. 13--Project.Performance Conditions 5 • 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 Profoima: • No. 19-Other Program Components, Copied from LocatInitiative 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 I,Comprehensive Permit Plari'in.Ban stable (Hyannis),MA prepared for SeWers Landing_Realty Trust"dated August 18,2005,scaled l"=4.0%as drawn by Down Cape Engineering,Inc.,showing the proposed 20 lot division of the northern 5.61 C • Bk '21233 Pg 111 #48605 acres and inclusive of a plan sheet illustrated both Settlers Landing Land R 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.Kli izn, 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 o f 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 theproforma. 6. A December 19,2005 letter.to Chairman W.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 a-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. 1,1. December 27,2,005letter 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 a-mail correspondence for Ruth Weil. 14. December 22,2005 memorandum to Gail Nightingale from Robert A.Burg ann,Town Engineer with.attachments of Water`Div lion 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 exteails the May 7,2002 Purc"-e and Sales Agreement to January 30,2005. 16. January 17,2006 email.correspondence between.Arthur P.Traczyk,Principal Planner.and Jacques Morin: 1.7. January 19,2006,copy of a letter f torn Arthur P.Traczyk,Principal Planner to Jacques Morin. 18. Januar},25,2006 email correspondence including tutu 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?.Traczyk: 21 jebruary22,2006 copy of the,Settler's Landing Financial.Analysis as performed by Michael Jacobs, MHJ Associates: 5 Bk 21233 Pg 112 #48605 r 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 Fre6man inclusive of the e-mail transmittal. 25. A March 14,2006 Memorandum to the Board_f om.Le.andra Nicoto 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. V. Copy of a March 15,2006 letter to Garreth Mar kwell,Assistant Treasure from Arthur P.Traczyk on the Proforma Review by MHS Associates including the March 10,2006 Invoice of M1IJ Associates. 28. A March 22,2006 draft of Findings and Conditions for the Comprehensive Permit submitted bystaff. 29. Copy of 'November 9,2005 letter to Robert A.Borgmann,Town Engineer from Deerin Babb-Brott, Acting Assistant Secretary Massachusetts Executive Office of Environment Affairs,notifyi ng:the Town that the proposal to connect Settler Landing I and'11 and Schooner Village to the Town Wastewater Treatment facility do not require a Notice of Project Change(NPQ 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.- F 30. Copy of Page 9 Schooner Village PIA11D 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: ' ,'fit the hearing on April 05,2006,a;motion was duly made and seconded 0 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 3.0-31: , 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,Secrion 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 houiing 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 rcopy of a Declaration of Trait establishing Settlers Landing Realty Trust.and naming Jacques N.Morin as Trustee. Thatt document identifies the Trust as a limited dividend organization as defined.in.CMR Chapter 760,Section .a Bk 21233 . °Pg 113 #48605 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'6f which are low and 4 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:3.10 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 I' 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 Tot 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.Janson,Gail C.Nightingale,Daniel M.Creedon Nay:None i • 7 , e F Bk 21233 Pg 114 #48605 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 M make the following findings with respect to the proposed development insofar as it relates to being. . consistent with local needs: ' 1. The"Settlers:Landing I"proposal is before the ZoningBoard 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 15,2t}02,based upon the developer firing of a Notice of Project Change with the.Committee. After the Board:issued a decision on that firstremand,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,mi favor of mediation between the applicant,Town.and neighborhood groups.. As a result,on November 1 S,2004s • Town Council an=ded.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 remandto the Zoning Board. 3: In the second remand,the Applicant seeks a comprehensive permit pursuant to XG.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 mafketed and sold to families whose income does not , exceed 80%of the annual median income of the;Barnstable MSA. The development is to.be:fi mded 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 fiat 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 ofthe land proposes 20 house lots that range from 8,725 sq:$.to 11.607 sq.ft on the t .. 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-faintly dwellings"Settlers Landing II": That`sister` subdivision was submitted to the Town of Barnstable Planning Board for a special permit pursuant to , 8 ` >Blc 21233 Pg 115 #48605 Section 240-17.1 -Private4nitiated.Affordable Housing Development(P1AHD) 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:.lI,which plan shows the division of the southern 7.7.5 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 1'3.36-acre:site into a total of 49 lots and proposed location of the dwellings. • A plan entitled"Typical Home Landscape PlanNIlustrating iypical.landscaping to be installed on each developed lot, • Proposed plan for utility services entitled`"Settlers banding 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 1"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.I.248 to 1;980.sq.ft.in living area and include a varieiyof attractive styles,including traditional Capes and ranches. • ' A Home Distribution Table(Attaclunent 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 14,20.05 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 tuning 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 whieb the 9 Bk 21233 Pg -116 #48605 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 concems. 11. The applicant has requested that the Zoning.Board ofA.ppeals'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 speck 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 fora 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,ofMassHousing 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:, t 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 M. GL 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 twenty(20)single-family detached homes:on individual lots located on the northern 5.61-acre portion of the locus. The development shall not be age restricted. ;Five(5).of the dwellings shall be dedicated in perpetuity to affordable housing. The affordable.units shall be affordable to first time homebuyers whose maximum annual household incOTne is not more than 80%of the median income in#lie Barnstable Metropolitan Statistical Area (SMA)and:priced by calculating monthly housing costs; including mortgage payments,taxes,. 10 i -Bk 21233 Pg 117 #48605 insurance, and association fees. These costs shall not-exceed 301/a of 70%of the Area Median Income(AMD of the Barnstable MSA. Bach 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. 1 Either the Housing Starts Program of Massachusetts-Housing Finance Agency(MassHousing)or the New England Funs(NEF)Program shallbe 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 insubstantial conformance with the plans presented to the Board consisting of 7-sheet entitled,"Settlers landing I,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.(It is noted that the applicant has submitted for illustrating purposes a plan sheets showing,both Settlers Landing I and11 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 development can accommodate.the proposed dwelling and an attached one-car garage fully in conformity with the required setback of this decision. The setbacks authorized in this decision shall be 15-feet front yard except for garages that require 20-foot front yard setback, 10-foot side,and 15-footrear yard setbacks. 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 ofthe utility itself. 5. The roadway fight-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 maybe 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 frontyard. 6. Fire hydrant(s)shall be installed to the requirements of the Hyannis Fire Department. Final layout and development standards are to be reirinved and approved by he H}=annis Fire Department, consistent with the terms of this decision. 7. The affordable units shall be distrititited 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 - LL ti , Bk- 21231 Pg 118 #48605 x 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 plait 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 server. 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 applieant.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 conformty 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 6rarme 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. 5 12. All homes within Settlers:Landing L shall provide visitability.Both market rate and affordable homes shall have wider door frames on one iterior entrance-way and an 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 ofthat exterior door threshold: 13.In regards to garages,eight of the market rate units may have garages. Upon the construction of a ninth garage on a market rate unit;and each subsequent garage constructed"on a market rate unit thereafter shall create a requirement for theapplicant to construct a garage for an affordable unit. If . all affordable.units have garages,then all market rate units may have garages. Each lot upon which an affordable dwelling is to be located shall have the dwelling footprint placed-upon the lot to accommodate expansion of the dwelling.Prior to the:issuance of the first occupancy permit for the last market.rate unit in the development,the Building Commissioner shalt determine whether the ratio of market rate units with.garages and affordable units with garages complies with the first two sentences of this.paragraph. If the Building Commissioner finds non-compliance,promo the L f Bk 21233 Pg 119 #48605 issuance of the last occupancy permit for the last marketrate.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, s 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 loathed and seeded or sodded,and with the appropriate shrubs and evergreen:foundation plantings. A.II plants and planting beds are to be mulched. 17• The applicant shall exercise best efforts to retain existing deciduous and evergreen trees:m 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. w1lection systetu The Department of Public Forks.of the Toun df Barnstable,shall.rei i-,the L 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 ofBamstable.Zoning Ordinance. ; 21. The 5 affordable dwelling shall be located as proposed in plans:submitted on Lot Numbered,,.1,.7,13, 15,and 18. Two are to.be the`Vineyard'style,two the`Nantucket 1"style;and one`Nantucket I- Reverse'.style. All of the affordable units shall be three bedroom units with full basements Bk 21233 Pg 120 #48605 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 uniformly and unobtrusively throughout the development. The"affordable"unit shall.not 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 he'bome by tbe.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%0 of total development:costs,which costs must be appropriately allocated:between Settlers Landing I and 11 by the monitoring.agent. 25. The applicant shall prepare:a Regulatory Agreement and Monitoring Service Agreement for review and appmvksd-hy the Town Attorney':a Officewid consistent with theterms'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 su$icient time to locate an eligible purchaser. 26. The applicant shall have recorded at.the.Barnstable County Registry of Deeds:a deed restiiction:as review.cd 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 procedurefor 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 ofthe twelfth.,thirteenth and fourteenth market rate units sold in the event thatthe 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 certifed and no occupancy permit shall issue for'the last market.rate unit until the gross proceeds from the sale are 14 Y Bk 2.1233 Pg 121 #48605 A received by the Monitoring.Agent. Anyprofii in.excess.of the 20%limitation rule shall be governed by the terms of the regulatory agreement. 28. No application for a building permit shall be accepted by the Building Division until the following has been filed with the Building Division and the Office of.the Zoning Board of Appeals: • ° A copy of all permits necessary for installation and connection of the development to public 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 Massl_lousing.submitted to the file. Imo• 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. 29. only complete building applications shall be reviewed by the Building Division and:no Building Permit for any individual home shall be issued until the roadway and utilities are installed to the satisfac!ior.'ef the TleP2_+_?_ent of F ihEle Work--ands the t-Tvann{s Fire DT- ar"_ent aC ve4f eld shy the Building Commissioner for access and fire protection;to the lot to be developed.. 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:at!reasonable means to nvnimize 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-MI. 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 thatsystein 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 fist dwelling 33. The Homeowners Association Documents(herein-after"theDocuments");shalI 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 ' t5 Bk 21233 Pg 122 #48605 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 Crrowth Management of the Zoning Ordinance,the Board grants the applicant request for an assured phasing plan for the 15 market rate permits and 5 affordable permits over a.three year period. ThatPhasing.Plan for the permits shall be 4 permits in 2006,and 8 permits for-each of the years 2007 and 2008. Every permit allocated to the applicant shall be included`as part of the yearly building permit allocations under §240-114A and B. With'regards to the 5 affordable permit:they.ey shall be phased with the market permits in that for every four building permits issued,one shall be for an affordable and three shall be " for market rate units.Additionally,for every four(4)occupancy permits issued,one(1)shall be for an affordable unit and three(3)shall be for the,market rate units. The last affordable unit must be completed and issued an occupancy permit prior to the issuance of occupancy permits for the last three(3)market rate units. The permits are subject to all other•requirements of the Building Division. for the issuance of building permits and the applicant shalf comply with any and all requirements of this comprehensive permit decision,which must be fulfilled and completed before any building permits may issue. 35.From the date of issuance.of the first building permit for the site,the applicant shall have up to four (4)years to complete the development of the site.and.obtain occupancy permits.for all the 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 ZoningBoard of Appeals. For.the purposes:of his decision a prohibited transfer shall include the transfer,assignment;and/or assignment of the beneficial interest in the Trust. htra-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 hereir..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,Jaimes Hatfield,Ron.S.Jansson,Gail C.Nightingale,Daniel M.Creedon. Nay:None I r, Bk 21233 ' Pg 123 #48605 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 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. e §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. " . e §240-7 C Lot Size Requirements to permit the Minimum lot area.of 8725 sq.R to-11.607 sq.ft., and a minimum lot frontage-of 20 for a lot on the radius of a.cnl-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-94 1 (Article n IneNsionary Affordable Housing Requirements- Compliance has been waived. From the Subdivision Rules'and.Regulations,only the following waivers are granted. e Section 801 Appendix.A 801 Attacbmnnt 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 901-27C(0)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 80.1-63 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 I Bk 21233 -Rg' 124 #48605 The Vote on the waivers was as follows: Aye:Randolph Childs,James Hatfield,Ron S.Jausson,Gail C.Nightingale,Daniel M.Creedon Nay:None Relief on Fees,Permits and Securities: ' Motion: 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 Rees,Permits and Securities: The Vote on granting relief from applicable fees,permits and securities was as follows: Aye:'Randolph Childs,lances Hatfield,RonS.Janson,Gail C.Nightingale,Daniel M.Creedon Nay:None Ordered: The second remand of Comprekensive.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 Barn Superior Court pursuant to M.G.L.Chapter 40A,Section 17,within twen days after tlxi ldf Iti1 filing of this d in ice of the Town Clerk. The applicant h the right tg, as outline q.^ Chapte ,Sermon 22. *t Daniel M.Creedon,Acting Chairman. Date Signed I Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,4lassachus that twenty(20)days have-elapsed since the Zoning Board of Appeals feed.this decision:aid tha+..=rio appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day.of13391)n under the pains and penalties of p :erjwy „ M�/ �'�f"- Linda Hutchenrider, own Clerk BARH$TABLE REGISTRY OF DEEDS 18 Bk 21233 'P9125, 048606 t i c Town of Barnstable—Planning Board =� T 'Settlers Landing 11-PIAHD Special Permit Decision SON STABLE ,�'• TOWN 4F-RK HAM Planning Board Town of Barnstatile Decision and Notice Settlers Landing.0 (Subdivision 812) Special Permit Section 240-17.1 Private-Initiated Affordable Housing Development(PiAHD) Summary: Granted With C ditions Applicant: Settlers Landin eal ".Trust Martha M. Morin Trustee APP ty Property Address: Accessed through 310 Castlewood Circle, Hyannis, MA Assessor's Map/Parcel:_ Map 273, Parcels`122&032 Zoning, Residential CA.Groundwater Protection Overlay District Applicants Request: Construction of 29 single-family dwellings on 7.75 acre portion of the 13.36 acre site located off Castlewood Circle in Hyannis, MA, Six (6) +� of the units-are to be dedicated as affordable units. , Summary of Grant/Development.'Permitted: Creation and development of a 29 lot single-family subdivision pursuant to Section 240.17.1 -Private-Mitiated Affordable Housing Development. (PIAHD)on a 7.75-acre portion of the 13.36 acre site located off Castlewood Circle in Hyannis; tq MA. Access to the subdivision is from Castlewood Circle via a proposed roadway,Settlers Lane, through an.approved Chapter 40B development site referred to as Settlers Landing 1. All lots front and access on the proposed.roadway, Settlers Lane. Six(6)of the.proposed dwellings are to bed 0 dedicated in perpetuity as affordable units, sold to qualified households earning less than 80%of the area median income and three (3)shall be priced not to exceed'76%of the area median income and three (3)shall be priced not to-exceed 70%or the area median income which shall then conform with standards of iMassachusetts Department of Housing and Community. a Development. APPLICANT: The applicant is Martha M. Morin, Trustee of Settlers Landing Realty Trust II, The address off. the Trust is 1597 Falmouth Rood Centerville, MA. 02632. The trust was created under a Declaration. . of Trust signed by the applicant and dated September 14, 2005. RELIEF REQUESTED: The applicant applied for issuance of'a special permit pursuant'to Section240-1.7.1 Private- ~ .Initiated Affordable Housing Development(PI AHD)of the Code of the Town 1 of Barnstable. Section 240-14 D(2)of the Code specifically authorizes the Planning Board to issue a PIAHD special permit in the Residential C-12oning District, in submitting that application for the Private-Initiated Affordable Housing Development special permit,'the applicant has cited additional waivers requested fronn.the Subdivision'Rules and Regulations, specifically: + • Section 801, Design Standards,to reduce the right-of-way from the required 50-feet to 40- ' 4 feet wide,and to reduce the roadway centerline radius near the intersections from the required 1:50 feet to 70-feet; Bk 212.33 Pg 126 #48606 Town of Barnstable—Planning Board Q Settlers Landing ll-PIAHD Special Permit Decision • Section 801-27C(4)to allow deep sump hooded catch.basins in lieu of grass-lined swales; • Section 801-27 C(9)to allow for additional leaching pits in lieu of excavated storm water storage areas for the 100 year storm event; • Section 801-30&47 to eliminate Cape Cod berms on the roadways; • Section 801-63 to waive fees for the affordable lots and to reduce fees for all other lots; and • Waiver of securities including bond, cash, and covenants. And, as provided for in Section 240-17.1 PIAHD.;'the applicant also sought waivers from: • Section 240--110 to 122 Growth Management • Section 240-17.1 Special permit fees, and • As amended on April 10, 2006,Section 240-17.1 D5 Bulk Regulations Minimum Lot Width for Lots numbers 34,35, 36,and 3.7 as shown on.the plan. The application cited an additional request for waiver from Section 9-1 through 9-16 of the Code of the Town of Barnstable. That section is the Inclusionary Affordable Housing provisions of the General Ordinances of the Town. The Private-Initiated Affordable Housing Development(PIAHD) satisfies those requirements, relief from that section is not necessary. LOCUS: The development is located on the southern 7;75 acres of a vacant site. That site is that of a recently recorded open space subdivision of the 13.36-a0re site located off Castlewood Circle in Hyannis, MA. The property now appears on the Assessor's Map 273 as Parcels 122-001 through 011, and 032-001,and is addressed as 3, 5, 7, 171 31 49,59, 71,75,79i 81,and 0 Settlers Landing,,Hyannis, MA. The subdivision of the property was recorded June 12,2000 at the Registry of Deeds in Plan Book 554,pages 31 and.32. The entire locus is zoned Residence C—1 and is within a GR-Groundwater Protection Overlay District. The northern 5.61acres of the site was the subject area of a recently approved Comprehensive Permit No.2000-85 issued by the Town of Barnstable Zoning Board of Appeals to Settlers Landing Realty Trust, Jacques N. Morin,Trustee. That permit was issued upon a second remand of Appeal .2000-85 from the Housing Appeals Committee. DOCUMENTS AND OTHER INFORMATION SUBMITTED: The following information.has been submitted to the file: 1.* A;copy of an application package of materials entitled"Settlers Landing ll Application— Subdivision Approval&Special Permit,submitted by the applicant date-stamped October 13, 2005, at the Town of Barnstable Town Clerk's Office and including the following numbered items: • No. 1 Project Narrative Statement entitled"Settlers_Landing 11" e No.2--Form C—Subdivision Rules&Regulations—Application.for Approval of a Definitive Plan; • No. 3—Pl-AHD Special Permit Application; 2 , Bk 21233 . Pg 127 #48606 j t Town of Barnstable—Planning Boar) ✓ , t 'Settlers Landing 11-PiAHD Special Permit Decision • No. 4—List of Requested Waivers-An August 18,2005 letter to the.Planning Board from Daniel A Ojala, PLS, EIT, Down Cape Engineering, Inc,, listing waiver request Settlers Lane; No.5-Copy of Private Initiated Affordable Housing Development(PIADH;)as approved by Town Council November 18,2004; • No. 6—Definitive Subdivision.—a Reduced.copy of a.the proposed subdivision plan entitled "Schooner Village, (Subdivision#813) Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA prepared for Schooner Village Realty Trust",dated August 18,2005,as drawn by Down Cape Engineering,Inc., Civil Engineers/Land Surveyors; • No.1—Site Development.Plan—Typical.Home Landscaping Plan-An overall plan showing the proposed division of the entire site into a.total of 29 lots and proposed location of the' dwellings. An illustrated site plan is included as well as a plan entitled "Typical Home Landscape Plan" illustrating typical landscaping to be installed on each developed lot; • No. 8-Architectural plans consisting of eight(8)sheets showing the proposed front elevations and floor plans of the dwellings to be built on the property. The Plans are identified as follows: ' • Lexington I, a two-story,1625 sq.ft., three-bedroom,single-family dwelling • Lexington II,a 1.5-story,1966 sq.ft, three-bedroom, single-family dwelling • Nantucket t„a,two-story, 1,665 sq.ft,,three-bedroom, single-family dwelling • Nantucket II, a two-story, 1,606 sq.ft.three-bedroom,single-family dwelling • Vineyard (aka Chelmsford), a one-story, 1,248 sq.ft., three-bedroom,single-family dwelling • Cranbrook, a one-story, 1,500 sq.fC.:three-bedroom, single-family dwelling • Concord'I a two-story, 1777'sq.ft. three-bedroom; single-family dwelling; and Concord.Il a two-story, 1980 sq.ft,three-bedroom,single-family dwelling • No. 9-Copy of Settlers Landing ll,Specification for the Market Homes and Specifications for Affordable Homes; • No.10- Home Distribution Plan a table identifying the type of home to be developed on which lot in the subdivision, and those to be committed as affordable; • No. 11 —Proposed.Phasing Plan; :• No. 12-Copy of the-:proposed Association Declaration of:Protective Covenants; • No. 13—Copy of Neighborhood Protective Covenant Agreement; • No. 14—.Copy of Neighborhood Project Performance Standards; , • No. 15—Copy of Neighborhood Landscape Screening Plan; •: No. 16- Copy of Neighborhood Sewer Easement Landscape Plan; • No. 17- Copy of Declaration of trust Establishing Settlers Landing II Realty Trust; • No. 18— 'Copy of the Environmental Analysis Form; • No. 19 Copy of the.LIP Alternative Development Plans; No:20- Copy of the Regulatory Agreement;and No. 21 = Copy of the Deed Rider for Ownership Project. g 3 Bk 21233 Pg 128 #48606 } Town of Barnstable—Planning Board Settlers Landing 11-PIAHD`Special Permit Decision 2. A copy of a seven(7)sheet set of plans entitled"Settlers'Landing, (Subdivision#812) Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA prepared for Settlers Landing II Realty Trust", dated August 18, 2005,as drawn.by Down Cape Engineering,.Inc.,.Civil Engineers/Land Surveyors; 3. A copy of an October 28, 2005,Staff Report:-General Background with Respect to PIAHD, inclusive of attachments; 4. A November 14, 2005 letter from.Laura Schufe It,Chairman Barnstable Housing Committee to Planning Board Chairman David Munsell, providing a preliminary review and including an attachment calculating that the sales price of the affordable.units should be$142,644 based upon being priced to be affordable at 70% income level of the'Barnstable/Yarmouth MSA 5, 'A.November 23,2005 Memorandum toahe Panning Board from Stephan Seymour P.E;, Growth Management Department providing definitive Plan Comments; 6. A letter dated November 15, 2005 from Hans Keijser, Interim Supervisor,Water Supply Division, Town of Barnstable Department of Public Works providing basic standards for water supply; 7. A copy of a January 06,2006 letter to Daniel A. Ojala'Down Cape Engineering from Robert Burgmann, Town Engineer with regard'to the sewer easement; PROCEDURAL SUMMARY: This application was filed at the Town Clerk's Offce and at the Office of the Planning Board on October 13, 2005. A public.hearing before the Planning Board was duly advertised in the'Cape Cod Times on October 31, 2005 and again on November 7,2005 and notices sent to all abutters in accordance with MGL Chapter40A. The hearing was opened November 14,2005 and continued- to November 28, 2005;December 12,2005;January 6,2006;January 23,2006; February 6,2006; February 27, 2006; March 13,.2006;April 10,,2006;April 24,2006;and May 8, 2006 at which time the Planning Board found to grant the Special Permit subject to conditions. Board Members hearing and deciding this application were: Chairman David Munsell;Vice- Chairman Feleda Penn;A.'Roy Fogeigren,Clerk,Raymond Lang, Marlene Weir,Steve Shuman and Patrick Princh Attorney Michael D.Ford represented the applicant through-out the public hearing process. Trustee Martha M. Morin was represented by Jacques N. Morin who was present through-out as was the project engineer, Daniel Ojala of Down Cape Engineering, Inc.,. Yarmouthport, MA. FINDINGS OF FACT: At the May 8,2006 conclusion.of the public hearing,the.Planning Board voted to find the following findings of fact with regard to the Settlers Landing 11 PIAHD special permit request: 4 . '.� Bk 21233; Pg 129 #4.8606 + Town of Barnstable-Planning Board Settlers Landing it-PIAHD Special Permit Decision 1, On November 18, 2004, Bamstable Town Council amended Section 240-14 of the Zoning. Ordinance providing for a Private Initiated Affordable Housing Development(PIAHD) pursuant to Section 240-17.1 and subject to a Special Permit from the:Planning Board; 2. On October 13, 2005, Martha M. Morin,as Trustee of Settlers Landing Realty Trust.11, Trustee submitted an application to the Planning Board Office fora PIAHD Special Permit for the proposed development"Settlers Landing 11". ,The application proposes the development of 29 single-family dwellings on a 29 lot subdivision located on a 7.75-acre portion of the 13.36 acre site located off Castlewood.Circle in Hyannis. Access to the subdivision is from Castlewood Circle via a.proposed roadway Settlers Lane through,an approved Chapter 40B development site,referred to as.Settlers Landing I. Six(6}of the dwellings are to be dedicated in perpetuity to affordable units, sold to qualified households earning less than 80% of the area median income; 3. A definitive Subdivision Plan#812 was also-submitted with the application. That definitive plan was submitted without the benefit of a preliminary subdivision plan having been presentation and review. 4. The locus as noted is the souther 7.75 acres of a 13.36 acre.vacant site. The site is that of a recently recorded open space subdivision of the 13.36-acre site located off Castlewood . Circle in Hyannis, MA.-The property now appears on the Assessor's Map 273 as Parcels 122-001 through 011,and 032-001, and is addressed as 3, 5, 7, 17,31,,49, 59, 71, 75, 79, 81,and 0 Settlers Landing, Hyannis, MA. The subdivision of the property was recorded June 12,2000 at the Bamstable Registry of Deeds in Plan Book 554,pages 31 and 32. As recorded in the Barnstable Registry:of Deeds in Book 10160, page 229,title to the larger 13.1.4-acres,of the site is held by Martha M. Morin. 5.. Section 240-17.1 D of the PIAHD cites standards that.musf be met in order to be eligible for consideration.for the special permit. The locus is entirely zoned.Residential C-1 and contains the minimum seven acres-of contiguous upland. Plans for the development have been submitted that • proposes connecting all the dwellings to public water and to the municipal wastewater, treatment facility; shows the creation of 29 lots conforming to the minimum bulk regulation for the PIAHD; illustrates that the proposed dwellings can be located on the lots in conformity to the required setbacks;and •- provides a.-minimum of two on-site parking,spaces for each:lot. Plans for the development comply uvith applicable standards of the Planning:Board's Subdivision Rules and Regulations, except as requested to be waived by the applicant: The applicant meets those minimum standards to be eligible for the grant of a special permit; ^3 Bk 21233 Pg 130 #48606 Y+ Town of Barnstable—Planning Board Settlers Landing R-PTAHD Special Pcrmit Decision • s 6. The applicant has designated six(6)of the proposed twenty nine(29)dwellings to be committed to affordability in perpetuity in compliance with the PIAHD minimum requirement that 20%n of the dwelling units be affordable units. The affordable units are not segregated within the subdivision and satisfy the design and construction standards and guidelines of the Local Initiative Program, 760 CMR 45.00,with regard to distinguishability from market rate units; 71. A proposed deed rider and a proposed monitoring agreement for the affordable units have been drafted in compliance with 760 CMR 45.00 Local initiative Program(LIP)and guidelines promulgated there under,and submitted with the application. Those documents: • assure the affordable restriction will survive any and all foreclosures; • provide for continuing enforcement of the deed rider in subsequent resale of the affordable units; • conforms to the standards of the.Department:of Housing and Community Development. (DHCD)for inclusion in the DHCD Subsidized Housing Inventory;and o provide a right of first refusal upon the transfer of any affordable unit to the Town or its designee for a period of not less than 120 days; 8, A Local Initiative Program (LIP)application for the development was submitted-to the Department of Housing and Community Development(DHCD), On January 23, 2006 a letter from Marilyn.Contreras, Senior Program and Policy Analyst at DHCD, was received and entered into the file. That letter,issued as a site approval/project eligibility letter, qualifies the six(6)affordable units as being eligible for inclusion in the Affordable'Housing. Inventory under 760 CMR 45.00,only upon clarification by the Town that the deed rider would also be applicable to Settlers Landing il;. 9. The applicant has submitted a phasing plan in the application as provided for in Section 240-17.1 D7. That plan had Jumped together this proposed development along with a second 29-unit proposed PIAHD "Schooner Village"and a third 2G-unit proposed i comprehensive;permitapplication "Settlers Landing 1". The applicant's phasing plan requests an annual of 25 building.permits during years 2006, 2007 and 2008 and 3 building permits inyear2009.. The Planning Board's role with regard to the 20-unit"Settlers Landing I"comprehensive permit.application is advisory only to the Zoning Board of Appeals. Staff has recommended that for monitoring purposes each of the PIAHD developments be issued their own phasing plans'and not lumped together. Buildout of Schooner Village requires the issuance of twenty three (23) market rate and six(6).affordable rate building permits. Section 240-17.1E7 of,the PIAHD requires the building and occupancy permit be issued at the rate of one affordable unit for every four market rate units. Growth Management provisions Section.240-110 through 122 now limits the number of Market Rate building permits to an annual total of.96 permits. In.the case of Affordable rate permits 139 unused permits have accumulated and if necessary affordable rate permits can i Bk 21233" . Pg 131 #48606 Town of Ramsiahle—Planning Board +Settlers Landing H-PIAHD Special Permit Decision r be advanced from future years. Only the market rate permits need be committed in the Phasing Plan; 10. The Barnstable Housing Committee has reviewed the materials submitted and comments were received from them on November 14;2005 expressing concern for the pricing of the , affordable units, garages and visitability standards for some of the units. The Barnstable Housing Committee and the applicant recommended,to the Planning Board'that three (3)of the affordable units be sale priced at 76%of the area median income and that three(3) be priced at 70%of the area median income. Mass Housing and the Town have always maintained that the sales prices of the affordable units:be based upon the assumption that the buyers have a maximum household income if 70%of the HUD area median income. The Local Initiative Program'Project eligibility letter cites that less than 80%would be required; 11. in summary, the proposed PI-AHD with conditions to be imposed herein will; • Comply with all applicable Subdivision Rules and Regulations,the Zoning Ordinance. and the requirements of PIAHD.:Se.ction 240-17.1 except as they are to be waived by the Board; A Provide six(6)affordable units in perpetuity and consistent with the requirements of the PIAHD; e And,will not cause substantial detriment to the neighborhood as the proposed development shall be that of single-family dwellings on.individual lots at a density of development similar to that of.the existing neighborhood. In addition,all units shall be connected to inunieipai.wastewater treatment., DECISION: Based upon the findings a motion was duly made and seconded to grant the special permit subject to the following conditions and restrictions: r 1. This special permit is issued for 29 lots in Subdivision#812-"Settlers Landing'117and for the development of 29 single-family dwellings V'Viithin the subdivision. Six(6)of the 29 dwellings shall be dedicated in perpetuity as affordable dwelling:units reserved fo.rownership in accordance with paragraph-6 below. This permit is issued in accordance with and subject to all requirements of Section 240-17.1., Private-Initiated Affordable Housing Development (PIAHD) of the Code of the Town of Barnstable(a copy, of which is attached and made a part of this :decision). Subdivision Plan#812 shall priiy be implemented as authorized herein and all rights in that subdivision are subject to full compliance with the terms and_restrictions of this decision; 7 Bk 212.33 Pg 132 #48606 Town of Barnstable—Planning Board ' +Settlers Unding II-PIAHD Special Permit Decision 2. The development shall be constructed in accordance to plans submitted' consisting of 11 _ sheets cited hereafter with the exception they shall be modified as conditioned herein' The plans submitted are: o A Subdivision Plan entitled"Settlers Landing.11(Subdivision#812) Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA prepared for Settlers Landing it Realty Trust"dated August 18,2005,as drawn by Down Cape Engineering, Inc, Civil Engineers/Land Surveyors; • A plan consisting of a single sheet illustrating the proposed location of the dwellings on the subdivision lots entitled"Settlers Landing, Site Development Plan in Barnstable (Hyannis),. MA prepared for Settlers Landing K Realty Trust",dated August 18, 2005 as drawn by Down Cape Engineering, Inc.,with changes, if any,in the location of affordable/market- , units to be noted on the site plan required to be submitted with the building permit application,a copy of such plan.shall besubmtted to the Planning Board Office; • A prototypical landscaping plan consisting of 1 Sheet entitled"Settler Landing I & 11 Site Development Plan—Supplement Typical Home Landscape Plan in Barnstable(Hyannis), MA,"dated August 18, 2005,as drawn by Down Cape Engineering, Inc:; A Geographic Coordinates Plan of.the Subdivision denoted as Sheets Band entitled "Settlers Landing II(Subdivision#8,12)Definitive Plan Subdivision of Land.in Barnstable (Hyannis), MA prepared for Settlers Landing 11 Realty Trust-, dated August 18,2005 as drawn by Down Cape Engineering, Inc.,.Civil Engineers/Land Surveyors_; • A Utility Plan entitled°Settlers,Landing 11 (Subdivision#812) Definitive Plan Subdivision of Land in Barnstable(Hyannis), MA prepared for.Settlers Landing II Realty Trusts, dated August 18, 2005;to be revised to depict;the relocation of drainage structures as shown on = detailed sketched plans,all details as submitted on May 8, 2006'and as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors*,and • A set-of 3 sheets Entitled"Profile Plan for Settlers Landing 11 a Residential Community on Land in (Hyannis) Barnstable, MA prepared for-Schooner Village Realty Trust"dated August 18, 2005,to;be revised to depict the relocation of drainage structures as shown on detailed sketched plans,all details as submitted on May 8, 2006 and as drawn by Down Cape Engineering, Inc:, Civil Engineers/Land Surveyors; The Zoning Board requires streetlights be provided at the entrance;to the subdivision and at'the two dead end cul-de-sacs. g Bk 21233 Pg 1.33 #48606 ' Town of Barnstable—Planning Board ` Settlers Landing R-PIAHD Special Permit Recision F 3. With respect to garages, fifteen (15)of the market rate units may have garages.. Upon the construction of a sixteenth (16)garage on a, market rate unit;and each subsequent garage constructed on a market rate unit thereafter shall create a requirement for the applicant to w construct a.garage for an affordable unit; if all market rate units have garages,'then all affordable rate units shall have garages.. Each lot upon which an affordable dwelling is to be located shall have the dwelling footprint placed upon the lot:to,accommodate expansion of the ' dwelling. Prior to the issuance of the first occupancy permit for.the last market rate unit in the development, the Building Commissioner shall determine whether the .:ratio of market rate units" with garages and affordable units with garages complies with the first two sentences of this paragraph. If the Building Commissioner finds non-compliance, prior to the 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. The obligation of the Applicant under this paragraph shall cease to exist upon the issuance of the last market rate unit, unless the number of garages does not comply with the conditions contained herein. 4. Revised plans shall be submitted to the Planning Board Officer for review prior to endorsement. No site clearing or grading shall occur until the Planning Board has endorsed the plans; 5. In accordance with the site approval/project eligibility letter issued'January 23, 2006.for Settlers Landing 1, the Town and Applicant shall provide the clarification requested concerning the deed rider applicable to Settlers Landing II. This requirement shall be competed prior to the Planning Board's endorsement of the plans'. 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; 6. In conformance with the PIAHD regulations, as.defined in Section 240-17.1 B,the applicant shall:reserve in perpetuity 6 of the 29 dwellings (20%of the development)for ownership`by a household earning less than 8011%of area median income as follows: The affordable Units shall be priced to conform with the standards of the Massachusetts:Department of Housing and Community Development(bHCD)for ownership units set forth in 760 CMR 45.03(4.). Three(3) of he affordable units.be sale priced at 76%.of the median area.income,and the other 3 affordable units priced at 70%of the median area income; 9 e Bk 21233 Pg 134 #48606 . Town of Barnstable—Planning Board ' Settlers Landing❑-PIAHD Speciat Permit Decision 7. All affordable units shall be restricted by a recorded deed rider and a monitoring agreement in compliance with 760 CMR 45.00 Local Initiative Program(.LIP)and guidelines promulgated' there under. The documents shall provide for all of the following: • That the affordable restriction will survive any and all`forecosures; . The continuing enforcement of the deed rider in subsequent resale of the affordable units; • Full conformity to the standards of the Departmentof Housing and Community Development(DHCD)for.inclusion in the DHCD Subsidized Housing lnventory; • And, provide a right of first refusal upon the transfer of:any affordable unit to the Town or its designee for period of not less than 120,days; and • Item 0)of the draft deed rider submitted to the file shall be modified to reflect the required minimum of 120-day right of first refusal cited above. 8. The final deed rider shall be consistent with yparagraph 7 above"and shall be submitted for . review and approval of the Town Attorney's Office prior to the issuance of a certificate-of occupancy for any dwelling unit. The approved deed rider shall be filed at the Registry of Deeds at the time of the first closing on the unit; 9. The applicant shall utilize the Housing Assistance Corporation's Cape Home Ownership Center (CHOC)or other agency as acceptable to the Town Attorney's Office in selecting eligible 4 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,preference shall be given to persons currently living andfor employed within the Town of Barnstable. The final monitoring agreement shall be submitted for review and approval of the Town Attorney's Office. The°approved monitoring agreement shall be filed at the Registry of Deeds prior to the issuance of any building permit. All costs associated with monitoring for consistency with the regulator agreement shall be bomer by the Applicant; 10.The dwellings to be developed within the subdivision shall be substantially in conformance to plans submitted to the Board and contained within the application, identified as • Lexington I, a two-atory;1625 sq.fL.three-bedroom, single-family dwelling; • Lexington II, a-1..5-story, 1966:sq.ft., three-bedroom,single-family dwelling; • Nantucket 1, a two-story, 1;665 sq.ft.,three-bedroom; single-family dwelling; Nantucket I , a two-story, 1,606 sq.ft. three-bedroom,single-family dwelling; • Vineyard (aka Chelmsford),a one-story;1,248 sq.ft.,three-bedroom, single-family dwelling; p • Cranbrook, a.one=story, 1,500 sq.ft,three=bedroom, single-family dwelling; • Concord I atwo-story, 1777 sq.ft. three-bedroom, single-family dwelling;and • Concord 11 a two-story, 1980 sq.ft.three-bedroom, single-family dwelling. 1:0 Bk 2,1233 Pq 135 #48606 Town of Barnstable--Planning Board ' Settlers Landing II-PIAHD Special Permit Decision The footprint of any dwelling unit may be expanded by up to 290 square feet but said 290 square feet shall be limited to a single story.2 11.All dwellings shall have at minimum 1.5 bathrooms and developed to the specification or better submitted as Attachment 9 of the application entitled"Specification for the Market Homes"and "Specifications for Affordable Homes". All construction shall conform to all applicable Building codes and all applicable fire and health requirements,including the following: • All 6 of the affordable rate units shall be in compliance with visitability as that term is defined below: Homes shall have 2 foot 8 inch door frames on all first floor interior door frames except closets,including 1"tfloor bathroom doorframes. to addition,all homes shall provide an exterior exit door of 36 inches leading to:a wood platform with stairs. The top of the platform shall be placed directly under and abutting the bottom of that exterior door threshold; e 23 market rate units shall conform to the requirements'above with the exception of the platform doorway; 12. Of the six(6)affordable.units,three(3)shall be of the,Nantucket t plan—2-story, 1,665 sq.ft. three-bedroom single-family dwelling and three(3)of the Vineyard (aka.Chelmsford)plan- one-story, 1,248 sq.fL,three-bedroom, single-family dwelling. The affordable units shall be located on Lot Numbers 22, 27, 33, 37,42, and 46 as labeled on the subdivision plans referenced. 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 consistent with documents submitted as part of this application; 13_Section 240-17.1 of the PIAHD allows the applicant as part of the application for subdivision approval,to propose a phasing plan identifying the number of building permits requested to be issued in each year of the phasing plan. The PIAHD regulations also require the affordable units shall be constructed and occupancy permits issued at the rate of one affordable unit for every four market rate units. Settlers Landing ii requires 23 market rate permits and six(6) affordable rate permits for buildout. As noted in the findings, only the market rate permits need to be reserved for the buildout of the development as it is anticipated that the required affordable permits will be available.in any subsequent year the applicant shall be permitted to apply for and be issued, if available.,those,permits reserved but not used in the previous year..3 z The Planning Board should note that the Zoning Board of Appeals in issuing the Comprehensive Permit for Settles Landing I did not grant this 290 sq:ft.as-of-right option for an addition to every building. Instead the Zoning Board delegated to staff that any alterations;expansion or changes from the approved architectural plans would have to be approved by staff individually. Copies of such change in the plan would then be transmitted to the Board Members. If staff should refuse such approval,the applicant would have available the option of presenting the change'to the Board through the modification process prescribed in 760 CMR. " 3 This right was not granted in the Comprehensive Permit issued for Settles Landing I.. Bk 21233 Pg 136 #48606 \ Town of Barnstable—Planning Board f , Scttlers Landing U--PiAHD Special Pernrit Decision For Settlers Landing II PIAHD, the Board grants a phasing plan for the years 2006 to 2009 a5, follows: d • In 2006, the maximum number of market rate permits issued shall not exceed 5. This commitment of 5 market rate permits is made,subject to the PIAHD regulations that 5 market rate permits are available to be issued at the time of the granting of the special permit, that date being the date of recording of this written decision at the Clerk's Office; • In 2007,the maximum number of market rate permits issued shall not exceed 10; and • In 2008, the maximum number of market rate permits issued shall not exceed 10, • In 2009,the maximum number of market rate permits issued shall not exceed 4; • After 2010 there shall be no commitment to phasing and any permits issued thereafter shall be in full conformance with:Section 240-110.through 122 Growth Management Provision of the Code; Every permit allocated in the phasing plan shall be included as part of the yearly building permit allocations under§240-114A:and B. There shall be no extension of a building permit granted under phasing plan,and any unused and/or expired permits shall be credited back as part of the adjustments under§240-1.14D for the next calendar year; 14.Application for Building Permits shall comply with all requirements of the Building Division; 15. No building permit shall be issued until copies of all of the following have been submitted to the Building Division: x all applicable permits and approvals for connection to the municipal wastewater treatment facility and for connection to the public water supply have been issued, including submission of a copy of the recorded sewer easement that links the proposed sewer system into Day Brake Lane, and; - A copy of the fully executed Regulatory Agreement and Monitoring Service Agreement as approved by the Town Attorney's Office and consistent with the terms on this permit as recorded, and; 16. No building permit shall be issued until the roadway and utilities are installed to the satisfaction of the Building:Commissioner4 for access and fire protection to the lot to be developed;1 17. The Applicant shall use all reasonable means to minimize inconvenience to the_residents in the. 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 any Sunday; ' 4 The Zoning Board added"upon consultation with the Department of Public Works and the Hyannis Fire Department". f - Bk. 21233 Pg 137 #48606. ' Town of Barnstable—Planning Board ' Settlers Landing II-P44HD special Permit Decision 18.No occupancy permits shall be issued until the dwelling unit is connected to all utilities located underground, including electric,;gas, public water and town sewers; 19.This Decision and the references Subdivision Plan#812 shall be recorded at the.Barnstable County Registry of Deeds. Prior to the commencement of construction,the Applicant shall provide the Planning Board and the Building Commissioner's Offices with documentation attesting to the recording of the Plan and'Decsion with all recording information thereon; 20. From the date of issuance of the first building permit for the site,the applicant shall have up to four(4)years to complete the development of the site and obtain occupancy permits for all six affordable units. However,the applicant=upon good faith showing may request a modification' of this condition. This permit is granted to Martha M. Morin, Trustee of Settlers Landing II Realty Trust and shall not be transferable to any other corporation, person or entity; nor the beneficiary of the trust changed without the prior written approval of the Board, except that it may be transferred,conveyed and orchanged only to or between Jacques N. Morin and Martha M. Morin without permission from the Board; 21.The following waivers from the Subdivision Rules and:Regulations are granted; • Section 801, Design Standards,to reduce;the right-of-way from 50-feet to 40-fee4 wide; • Section 801-27C(4)to allow deep sump hooded catch basins in lieu of grass-lined swales; • Section 801-27 C(9)to allow for additional leaching pits in lieu of excavated storm water storage areas for the 100 year storm event;and with respect to road inspections fees for Settlers t and II,allow an initial deposit in the amount of$5000.00 with the Town of Barnstable to cover the costs of Subdivision Road inspections. The balance to be returned to the applicant upon final inspection and said:balance to be refreshed when depleted in an amount to cover expected further inspections5 • No other waivers are granted,or implied; • Section 801-30&47 only to the extent that curbing shall not be required, however Cape Cod berms shall be installed on:all roadways along with sidewalks as shown on referenced plans; Section 801-63 C)4—to allow for the calculation of the securities to be based upon a linear footage rather than based upon the number of lots. t With respect to the security,fees,the Zoning Board of Appeals did allow for the calculation of the securities to be based upon a linear footage rather that based upon the number of lots,and further cited that no waiver is granted to applicable securities. 13 Bk 21233 Pg 188 #48606 Town of Barnstable—Planning Board < Settlers Landing U-PIAHD Special Permit Decision The Vote was as follows: Aye: David Munsell, Felicia Penn,A. Roy Fogelgren,Raymond Lang, Steve Shuman Nay: None ORDERED: A PIAHD Special Permit has been granted with conditions for the development of Settlers Landing 11. This decision must be recorded at the Registry of Deeds for it to be.in effect. The relief authorized by this decision must be exercised".in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A,Section 17, within twenty,(20)days after the date of the filing of this decision in the office of the Town Clerk. The applicant has that same right to appeal this decision as per Item 10 of the November,18,2004, Stipulation of Settlement and Stay: CLQ David'Munsell,,Chairman Date Signed 1, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts,hereby certify that twenty(20)days have elapsed since the Planning Board filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day o D® under the pains and penal ' 7 �.. . � perjury, y .:. s W r Linda Hutchenrider,Town Clerk tom- i BARNSTABI.E REGIUN OF DEEDS 14 o; /W p/t//4/1. fG lee"'t Bk 25319 Ps3S �13660 03--15—i011 of 01441-1, NEROwnersNp Regulatory Agceemeut €2.2.2008 REGULATORY AGREEMENT For Comprehensive Permit Projects in Which Funding is Provided Through Other than a State Entity This Regulatory Agreement(this"Areement")is made this fourth day of February 2011,by and among the Massachusetts Housing Finance Agency(the'T.J9ject Ad€ninistrator"),as project administrator acting on behalf of the Department of Housing and Conunnu pity Development(`DHCD"),and Jacques N. Morin,Trustee of Settlers Landing Realty Trust under Declaration of Trust dated August 3,2000,see trustee's certificate recorded at the Barnstable County Registry of Deeds("Re gistn ')iu Book 23898,Page 171,having an address at 1597 Falmouth Road,Suite 4, Centerville,MA 02632,and its successors and assigns("Developer"),and the Town of Barnstable {"Municipality"). . , RECITALS WHEREAS,the Developer intends to construct a housing development known as Settlers Landing-I-consisting of 20 single-family residences at a 5.61-acre site located at 3, 5, 7; 17, 3.1,49,59, 71,75, 79, 81 and 0 Settlers Landing and at 310 Castlewood Circle, in the Municipality, more particularly described in Exhibit A attached hereto and made a part hereof(the"Project„);and WHEREAS,the Project is being financed with a$980,000 construction loan by Cape Cod Cooperative Bank(the`VEF Lender'),a iron-goveauniental entity for which the Massachusetts Housing Finance Agency serves as project administrator pursuant to the Comprehensive Permit Guidelines(the"Guidelines") issued by DHCD;and WHEREAS,,tlre.Developer has.received a comprehensive permit(the "Comrehensive Perimit")from the Zoning Board of Appeals of the Municipality hi accordance with Chapter 40B,Sections 20-23,of the Massachusetts General Laws (the "Act"),which permit is recorded at the Registry in Book 21233,Page 107- 124,as amended by the terms of this Agreement;and WHEREAS,pursuant to the requirements of the Guidelines,twenty-five percent (25%)of the units in the Project(five(5)units)(the"Affordable Units")will be sold at prices specified in this Agreement to Eligible Purchasers(as defined herein)and will be subject to resale restrictions as set forth herein;and WHEREAS,the Project Administrator may delegate to a imonitwing'agenf(the "Monitoring A entI certain administration,monitoring and enforcement services r regarding compliance of the Project with the Guidelines during the period of affordability of the Affordable Units;and , WHEREAS,the parties recognize that Affirmative Fair Marketing(as defined herein)is ari important precondition for initial sales and resales of Affordable Units and that local preference cannot be granted in a manner which results in a violation of applicable fair ltonsing laws and regulations. NOW,THEREFORE,in consideration of the agreements hereinafter set forth, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the Project Administrator,the Developer,and tine Mturicipality hereby agree as follows: 1. Definitions. Capitalized terms used and not defined herein shall have the same meaning as set forth in the Affordable Housing Restriction attached hereto as Exhibit B and incorporated herein by reference(the"Affordable Housing Restriction").In addition to the defined terns in the Affordable Housing Restriction and the capitalized terns defined in the Recitals above,the following term shall have the meanings set forth below: Affordability Requirement shall_mean the obligations of the Developer described in Section 3 hereof. Allowable Profit shall have the meaning set forth in Section 4(a)hereof. Cost and Income Certification shall have the meaning set forth in Section 4(b)hereof. Eligible Purebaser.shall have the meaning set forth in the Affordable Housing Restriction attached hereto as Exhibit B,and,in addition,roust also(i)be a First-Time Homebuyer, and(ii)own assets not in excess of the limit set forth iti the Guidelines.. Excess Profit shall have tine meaning set forth in Section 4(d)hereof. Event of Default shall have the meaning set forth in Section 10(a)hereof Limited Dividend Requirement shall mean the obligations of the Developer described in Section 4 hereof. Marketing Documentation shall have the meaning set forth in Section 3(c)hereof. Marketing Plan shall have the meaning set forth in Section 3(c)hereof. Maximum Initial Sale Price means the purchase price for which a credit-worthy Eligible Purchaser earning seventy percent(70%)of the Area Median Income for an Appropriate Size Household could obtain mortgage financing as determined by the Project Administrator using the same methodology then used by DHCD for its Local.Initiative Program or similar comprehensive permit program. i Monitoring Services Agrccrrient shall have the meaning set forth in Section S hereof. Plans and Specifications shall have the meaning set forth in Section 2 hereof, Resale Price Certificate means the certificate in recordable form issued by the Project Administrator and recorded with the first deed of each Affordable Unit from the Developer to the initial Eligible Purchaser,which certificate sets forth the Resale Price Multiplier to be applied on the resale of such Affordable Unit,according to the terms of the Affordable Housing Restriction for such unit,for so long as the restrictions set forth in the Affordable Housing Restriction continue,and any subsequent certificate issued by the Monitoring Agent in accordance with the terms of the Affordable Housing Rcstriction.� Substantial Com len tion shall have occdrred for purposes of this Agreement when the construction of the Project is sufficiently complete so that all of the units may be occupied and amenities may be used for their intended purpose,except for designated punch list items and seasonal work which does not interfere_ with the residential use of the Project. Term shall have the meaning set forth in-Section 14(a)hereof' Total Development Costs means the total budget for the acquisition and construction of the Project(including both hard and soft costs and such other sums as the Project Administrator may determine constitute the Developer's contribution to the Project,but not including any fee paid to the Developer),as approved by the Monitoring Agent on behalf of the Project Administrator pursuant to the Monitoring Services Agreement,using the standards of the Project Administrator applicable to comprehensive permit projects, and as finally determined by the Project Administrator in accordance with the Guidelines. 2. Construction Obligations. (a)The Developer agrees to construct the Project in accordance with plans and specifications approved by the Project Administrator and the Municipality(the"Plans and Specifications")and in accordance with all on-site and off-site construction,design and land use conditions of the Comprehensive Permit. All Affordable Units to be constructed as part of the Project must be similar in exterior appearance to other units in the Project and shall be evenly dispersed throughout the Project.In addition, all Affordable Units must contain complete living facilities including but not limited to,A stove,kitchen cabinets,plumbing fixtures, and washer/dryer hookup,-all as more fully shown in the Plans and Specifications. Materials used for the interiors of the Affordable Units must be of good quality.The Project must fully comply with the State Building Code and with all applicable state and federal building,environmental,health,safety and other laws,rules,and regulations, including without limitation all applicable federal and state laws,rules and regulations . relating to the operation of adaptable and accessible housing for the handicapped. Except to the extent that the Project is exempted from such compliance by the Comprehensive Permit,the Project must also comply with all applicable local codes,ordinances and by- laws,The Affordable Units shall be constructed on a schedule that provides substantially 3 t 4 1 j for the construction of one(1)Affordable Unit for every three(3)market rate units t constructed.In no event shall any five_ (5)market rate units be constructed without completion of one Affordable Unit. (b) The Project Administrator shall monitor compliance with the construction obligations set forth in this section in such manner as the Project Administrator may deem reasonably necessary.In furtherance thereof,the Developer shall provide to the Project Administrator(i)evidence that the final plans and specifications for the Development comply with the requirements of the Comprehensive Permit and that the Development was built substantially in accordance with such plans and specifications; and(ii)such information as the Project Administrator may reasonably require concerning the expertise,qualifications and scope of work of any construction monitor proposed by the NEF Lender,and if such information is acceptable to the Project Administrator,the Developer shall provide to the Project Administrator prior to commencement of construction a certification from the NEF Lender concerning construction monitoring in a .. form acceptable to the Project Administrator.Such certification shall also include a represe►rtation that the NEF Lender will maintain certain minimum funding levels to meet the subsidy requirements of the Act. 3. Affordability Requirement. (a)The Developer shall sell the Affordable Units only to Eligible Purchasers at no greater than the Maximum Initial Sale Price. There shall be Affirmative Fair Marketing and the Developer shall comply with-the lottery procedures set forth in the Guidelines prior to the selection of an Eligible Purchaser.At the time of sale of each Affordable Unit by the Developer,the Developer shall execute and shall as"a condition of the sale cause the purchaser of the Affordable, Unit to execute a Affordable Housing Restriction in the form of Exhibit B attached hereto and'incorporated herein by reference. Such Affordable Housing Restriction shall be attached to and made a part of the deed from the Developer to the initial purchaser of the . Affordable Unit and each subsequent deed of such unit so that the affordability of the Affordable Unit will be preserved each time a resale of the Affordable Unit occurs. (b) Prior to the publication of any Marketing Documentation for the Affordable Units,the Developer shall request the Project Administrator to calculate the Maximum Initial Sale Price for each Affordable Unit and shall advertise the price so calculated in marketing the Affordable Units.Prior to the delivery of the first deed for each Affordable Unit,the Developer shall notify the Project Administrator of the actual purchase price for each Affordable Unit(which shall in no event be greater than the Maximum Initial Sale Price calculated by the Project Administrator),and the Project Administrator shall issue a Resale Price Certificate to the Developer calculating the Resale Price Multiplier.The Developer shall as a condition of the sale cause the purchaser to record the Resale Price Certificate immediately after the first deed of each Affordable Unit. (c) Prior to marketing or otherwise making available for sale any of the Units, the.Developer must obtain the Project Administrator's approval of a marketing plan(the "Marketing Plan")for the Affordable Units to be administered.under the supervision of 4 the Monitoring Agent. After such approval,the Marketing Plan may not be amended without the Project Administrator's consent.The Marketing Plan must describe the buyer selection process for the Affordable Units,including any lottery or similar procedure for choosing among Eligible Purchasers,and must provide for Affirmative Fair Marketing of Affordable Units. If required under the Comprehensive Permit,the Marketing Plan may also include a preference for local residents for up to seventy percent(70%)of the Affordable Units;provided that,in the event a local resident preference is established, use of the preference shall not violate applicable fair housing laws and regulations. All costs of carrying out the Marketing Plan with respect to outreach,location and selection of the initial Eligible Purchasers shall be paid by the Developer;thereafter,such costs shall be paid from the Resale Fee(as defined in the Affordable Housing Restriction). The Developer agrees to maintain for at least five(5)years following the sale of the last Affordable Unit,a record of all newspaper ads;outreach letters,translations,leaflets,and all Affirmative Fair Marketing efforts(collectively"Marketing Documentation")as described in the Marketing Plan. The Marketing Documentation may be inspected at any time by the Monitoring Agent,the Project Administrator and the Municipality. If at any time prior to or during the initial process of marketing the Affordable Units,the Project. Administrator determines that the Developer or the Monitoring Agent has not adequately complied with the approved Marketing Plan,the Developer or Monitoring Agent,as the ` case may be,shall take such additional corrective measures as shall be specified by the Project Administrator. 4, Limited Dividend Requirement. (a)The Developer agrees that the aggregate profit from the Project which shall be payable to the Developer or to the partners,shareholders I or other owners of Developer or the Project shall not exceed twenty percent(20%)of Total Development Costs(the"Allowable Profit"),which development costs have been approved by the Monitoring Agent on behalf of the Project Administrator pursuant to the Monitoring Set-vices Agreement. Notwithstanding the foregoing,the Project Administrator shall have the sole right to approve the Cost Examination and to determine-the Allowable Profit.For so long as the Developer complies with the requirements of this section,the Developer shall be deemed to be a limited dividend organization within the meaning of.the Act. (b) Within one hundred-eighty(180)days after Substantial Completion of the Project,or,if later,within ninety(90)days of the date on which all units in the Project are sold,the Developer shall deliver to the Monitoring Agent an itemized statement of Total Development Costs together with a statement of gross income from the Project received by the Developer to date in the format provided in the Project Administrator's Cost Examination Program applicable to the Project along with all other documents required by the Cost Examination Program (the"Cost Examination").The Cost Examination must be prepared and certified by a certified public accountant(satisfactory to the Monitoring Agent)in accordance with the attestation standards established by the American Institute of Certified Public Accountants. If all units in the Project have not been sold as of the date the-Cost Examination is delivered to the Monitoring Agent,the Developer shall at least once every ninety(90)days thereafter until such time as all of the Units are sold,deliver to the Monitoring Agent an updated Cost Examination. If all units r 5 I are not sold within twenty-four(24)months of Substantial Completion,a sale price for the remaining unsold units shall be imputed in an amount equal to the average of the last three(3)arm's-length sales of comparable units,and a final Cost Examination shall be required within ninety(90)days thereafter. (c) All related party transactions resulting in Project costs or income must be disclosed in the Cost Examination,and documentation must be provided identifying, where applicable,what portion of costs weie paid to non-related third parties (e.g., subcontractors)and what portion were retained by related parties. In the event that any unit sales are made to related parties,the amount of income to be included in the Cost Examination for such sales shall be the greater of(i)the actual sales price of the unit,and (ii)the average sales price of the highest three(3)arm's-•length sales of comparable units. (d) If any unit is sold prior to the date the final Cost Examination is approved . by the Monitoring Agent,the Developer shall upon the request of the Project Administrator provide evidence reasonably satisfactory to the Project Administrator that any profit distributed to the Developer or to the partners,shareholders or other owners of Developer or the Project on such sale,combined with reasonably projected total profits from the Project,will not exceed the AIlowable Profit. } (e) All profits from the Project in excess of the Allowable Profit,as finally determined by the Project Administrator(the"Excess Profit"),shall be paid by the Developer to the Municipality promptly after such determination. 5.. Monitoring Agent..At the request of the Project Administrator,the Developer shall retain one or more Monitoring Agents for purposes of administration, -monitoring and enforcement under this Agreement pursuant to an agreement substantially in the form of the Monitoring Services Agreement attached hereto as Exhibit C and. incorporated herein by reference(the"Monitoring Services A eement"). All notices and reports required to be submitted'under this Agreement shall be submitted simultaneously to the specified entity and to the Monitoring Agent. The Monitoring Services Agreement may be terminated by the Project Administrator or the Monitoring Agent as provided in the Monitoring ServicesAgreement.In the event of.such termination,a successor monitoring agent shall be selected in-accordance with the provisions of the Monitoring Services Agreement,and thereafter such successor shall be the Monitoring Agent for the Project.. 6. -'Developer's Representations, Covenants and Warranties. The Developer hereby represents, covenants and warrants as follows: (a) The Developer(i)is a nominee realty trust duly organized under the laws of the Commonwealth of Massachusetts,and is qualified to transact business under the laws of this State, (ii)has the power and authority to own its properties and assets and to carry on its business as now being conducted,and(iii)has the full legal right,power and ' authority to execute and deliver this Agreement. 6 f v (b) The execution and performance of this Agreement by the Developer(i) will not violate or, as applicable,has not violated any provision of law,rule or regulation, or any order of any court or other agency or governmental body, and(ii)will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Developer is a party or by which it or the Project is bound,and(iii)will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Developer will,at the time of execution and delivery of this Agreement,have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance(subject to encumbrances created pursuant to this Agreement,and any other documents executed in connection with the loan from the NEF - Lender, or other encumbrances permitted by the Project Administrator). (d) There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of -the Developer,threatened against or affecting it,or any of its properties or rights,which, if adversely.determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement)or'would materially adversely affect its financial condition. (e) (i)That the undersigned Trustee(s)are the sole Trustee(s)of said Trust, duly appointed in accordance with the terms of the Trust; (ii)that said Trust has not been altered,amended,revoked,or terminated,and is presently in full force and effect as recorded; (iii)that pursuant to the powers granted under said Trust,the Trustee(s)have the power and authority.to execute this Agreement,transfer real estate,and to execute and deliver deeds and related closing documents of any or all trust property;(iv)that if under said Trust the consent of beneficiaries is required to authorize the Trustee(s)to execute this Agreement,that written consent of all beneficiaries has been obtained;and (v)that no beneficiary is a minor,a corporation selling all or substantially all of its assets or a personal representative of an estate subject to estate tax liens or is now deceased or under any legal disability. 7. No Discrimination. The Developer shall not discriminate on the basis of race,creed,color,sex,age,handicap,marital status,national origin,or any other basis prohibited by law in the selection of buyers for the units in the Project;and the Developer ----shall.not so_.discr:iminateLin connection-with-the employment or application for_..__. ' _ .-- employment of persons for the construction, operation or management of the Project S. Restrictions on Transfers and Junior Encumbrances. Except for sales of units to homebuyers as permitted by the terms of this Agreement,Developer shall not sell,transfer,lease,'exchange or mortgage the Project without the prior written consent of the Monitoring Agent and the Project Administrator. . 9. Casual . Until such time as decisions regarding repair of damage due to fire or other casualty,or restoration after taking by eminent domain,.shall be made by,a condominium association or trust not controlled bg itie Developer(or if the Project consists of detached dwellings,by homebuyers),Developer agrees that if the Project,or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use,the Developer shall use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction,or to relieve the condemnation,and thereafter to operate the Project in accordance with the terms of this Agreement,subject to the approval of the Project Administrator. 10. Defaults,Remedies. (a)Any default,violation, or breach of obligations of the Developer hereunder shall constitute an Event of Default hereunder(an"Event of Default") if such default;violation,or breach is not cured to the satisfaction of the Project Administrator within thirty(30)days after the Project Administrator or the Monitoring Agent gives notice to the Developer.At any time after the occurrence of an Event of Default,at the Project Administrator's option,and without further notice,the Project ' Administrator may apply to any state or federal court for specific performance of this Agreement,or the Project Administrator may exercise any other remedy at law or in equity or.take any other action as may be necessary or desirable to correct non- compliance with this Agreement, including without limitation drawing upon the additional security described in Section It below.The Monitoring Agent shall have the same rights as the ProjectAdministrator to exercise remedies hereunder. (b). The Developer shall pay all fees and expenses(including legal fees)of the Project Administrator and the Monitoring Agent incurred in connection with enforcement of the Developer's obligations hereunder. The Developer hereby grants to the Project Administrator and the Monitoring Agent a lien on the Project,junior to the lien securing the loan from the NEF Lender,to secure payment of such fees and expenses. The Project Administrator and the Monitoring Agent may perfect a lien on the Project by recording/filing one or more certificates setting forth the amount of the costs and, expenses due and owing in the Registry.A purchaser of the Project or any portion of the Project shall be liable for the payment of any unpaid costs and expenses which were the subject of a recorded/filed certificate prior to the purchaser's acquisition of the Project or any portion thereof. y (c) The Project Administrator and the Monitoring Agent shall have access during normal business hours to all books and records of the Developer and the Project in- .._.__.__.order.to.monitor the_D_eve.lopers_complia ce 't the_terrr�s oftft Agreement. (d) The Developer agrees,to submit any information,documents or certifications requested by the Project Administrator or the Monitoring Agent that either shall deem necessary or appropriate to evidence the continuing_compliance of the Developer with the terms of this Agreement. 11. Additional Security. As required by 760 CMR 56.04(7)(c),the Developer shall secure to the Project Administrator adequate financial surety to ensure completion, of the Cost Examination and to ensure distribution of any Excess Profit. In furtherance of 8y _ R f _ the Developer's obligations hereunder to construct the Project in accordance with the Plans and Specifications,to comply with the Affordability Requirement and otherwise to comply with its obligations under this Agreement,the Developer shall deliver to the Project Administrator such additional security as the Project Administrator may deem reasonable in form and amount("Additional Security").The Project Administrator may waive the requirement for such Additional Security in its sole discretion. 12. Governing Law..This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part,or provision of this Agreement shall not affect the validity of the retraining portions hereof. 13, Notices. (a)All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the panties hereto at the addresses set forth below,or to such other place as a party(or its successor)may from time to time designate by written notice: The Project Administrator: Massachusetts Housing Finance Agency One Beacon Street Boston;MA 02108 Attention: Director of Comprehensive Permit Program Developer: Jacques N.Morin,Trustee " Settlers Landing Realty Trust 1507 Falmouth Road, Suite 4 Centerville,MA 02632. Monitoring Agent: Barnstable Housing Authority 146 South Street Hyannis,MA,02601 (by The Developer shall notify the Project Administrator,and the.Monitoring —_ .____....__.__.__Agent.promptly.upon the-occurrence-ofthe-following.events:(i)_the.date.-of.satisfaction.. ....... .. of all conditions to funding the loan from the NEF Lender;(ii)issuance of the building permit for the Project or any portion thereof;(iii)Substantial Completion; (iv)sale of the first unit in the Project,(v)sale of the first Affordable Unit;(vi)sale of the last Affordable Unit;and(vii)sale of the last unit in the.Project. 14. Terra. (a)The term of this Agreement(the"Term")shall continue until the date the Monitoring Agent and the Project Administrator have determined that the Developer has complied with the Affordability Requirement and the Limited Dividend Requirement,including all substantive and reporting requirements hereunder.The 9 i • recording of a discharge of this Agreement executed by the Project Administrator shall evidence the end of the Term. (b) The Developer intends,declares and covenants on behalf of itself and its successors and assigns that this Agreement and the covenants,agreements and restrictions contained herein(i)shall be and are covenants running with the land, encumbering the Project for the Term,and are binding upon the Developer's successors in title,(1i)are not merely personal covenants of the Developer,and(iii)shall bind the Developer, its successors and assigns and enure to the benefit of the Project Administrator and its successors and assigns for the Term. Developer hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in fitll. (c) The use and resale restrictions contained in each of the Affordable Housing Restrictions which are to encumber each of the Affordable Units at the Project pursuant to the requirements of this Agreement shall constitute an affordable housing restriction as that term is defined in Section 31 of Chapter 184 of the Massachusetts General Laws. Such restrictions shall be for the benefit of the Municipality_and the Monitoring Agent,and the Municipality and the Monitoring Agent shall be deemed to be the holders of the affordable housing restriction created by the restrictions in each of the Affordable Housing Restrictions. ` 15. Subsidized Housing Inventor. the Affordable Units shall be included in the Subsidized Housing Inventory as that tern is described in 760 CMR 56.03(2) in accordance with rules and regulations issued by DHCD,as amended from time to time. 16. Recording. Upon execution,the Developer shall immediately cause this Agreement and any amendments hereto to be recorded or filed with the Registry,and the Developer shall pay all;fees and charges incurred in connection therewith. Upon recording or filing,as applicable,`the Developer shall immediately transmit to the Project Administrator and the Monitoring Agent evidence of such recording or filing including the date and instrument,book.and page our registration number of the Agreement. 17. Intent and Effect. The terms and conditions of this Agreement have been frecly accepted bzy_the:parties.she.provisions and-restrictions contained.herein,existto_..____._ further the mutual purposes and goals of DHCD,the Project Administrator,the Municipality and the Developer set forth herein to create and preserve access to land and to decent and affordable homeownership opportunities for eligible families who are often denied such opportunities for lack of financial resources. 18. Miscellaneous. (a)The rights and obligations of the Project Administrator , under this Agreement shall continue for the Term,regardless of whether the loan from the NEF Lender is still outstanding. 10 k • (b) Neither the Project Administratoinor the Monitoring Agent shall be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. (c) The Developer,for itself and its successors and assigns,agrees to; indemnify and hold harmless the Project Administrator and Monitoring Agent against all damages, costs and liabilities,including reasonable attorney's fees, asserted against the Project Administrator or the Monitoring,Agent by reason of its relationship to the Project under this Agreement and not involving the Project Administrator or the Monitoring Agent acting in bad faith and with gross negligence. (d) This Agreement shall not be amended without written consent of the Developer and the Project Administrator. (e) If at any time during the Term there is no Monitoring Agent,the Project Administrator shall have all the rights and obligations set-forth herein as rights and obligations of the Monitoring Agent. 19. Conflict. In the event of any conflict or inconsistency(including without limitation more restrictive terms) between the terms of the Comprehensive Permit, any other document relating to the Project and the terms of this Agreement,the terms of this Agreement shall control.Nothing in this Agreement,however,shall relieve the Developer of its obligations to (i) distribute the affordable units as required by condition 7 of the Comprehensive Permit and(ii)obtain written approval of the Zoning Board of Appeals of the Municipality prior to.any transfer of the Comprehensive , Permit,as required by condition 36 of the Comprehensive Permit The parties have agreed that certain conditions of the Comprehensive Permit impinge upon the Project Administrator's obligations to administer the Project pursuant to the Guidelines and the Act. Accordingly,the parties have agreed that the following conditions of the Comprehensive Permit shall be interpreted as follows: O n. Condition 24 and Condition 27 of the Comprehensive Permit shall be - -_— - interpreted to read as follows: "During the term of the Regulatory Agreement executed by MassHousing,as Project Administrator,and the Developer,the Project Administrator shall monitor the development in accordance with the requirements set 'forth in such Regulatory Agreement and in the Guidelines,and the Developer shall pay for the monitoring services provided.At the Project Administrator's option,the Project I1 I _ 1 y 1 Administrator may delegate all or part of the monitoring obligations to an entity acceptable to the Municipality.Monitoring services shall include a determination of compliance with(i)the limits on distributions set forth in section 12 of the Guidelines,and(ii)the use restriction requirements set forth in section 13 of the Guidelines." O Condition 38 of the Comprehensive Permit shall be interpreted to read as follows; "The conditions contained herein are in addition to and independent of any requirements of any funding source for the development,provided that,in the event of a dispute,the final determination of compliance with conditions 24,25,and 26 will be made by the Project Administrator in accordance with the Guidelines.Subject to the foregoing,all of the conditions of this decision as set forth herein shall have independent legal significance and effect." 20, Changes to Guidelines.Any reference herein to the Guidelines shall mean the Guidelines-as they exist on the date hereof(so that any future change in such Guidelines or the applicable housing subsidy program requirements will not apply to this Project),except as specifically required by any amendments or additions to,or substitutions for,the Act,the Guidelines,or any regulations promulgated by DHCD pursuant to the Act. [signatures on following page] 12 i i Executed as a seated instrument as of the date first above written. SETTLERS LANDING REALTY TRUST w R � By. Dques N.Morin, rustee as aforesaid MASSACHUSETTS HOUSING FINANCE AGENCY,as Project Administrator as aforesaid By: �, %��✓� Gm a B.Dailey,Director of Comprehensive Permit Programs TOWN OF BARNSTABLE By: Name: d h C• !t i Its: - u1n /�la��ger Exhibit A--Legal Description Exhibit B—Form of Affordable Housing Restriction Exhibit C—Form of Monitoring Services Agreement 13 f COMMONWEALTH OF MASSACHUSETTS • / - County,'SS. On this day of e `�` 200 Y before me,the undersigned notary ublic,personally pea ed . e Mat�P� of ovect to Me through satisfactoiy evidence of identification, which was [a cu nnt driver's license] [a current U.S.passport] [my personal knowledge. , to be the person whose name is signed on the preceding instrument and acknowledged the f regoing instru ent to their free act and d ed as /,� _7Q _P_ of • Notary u lie, "'" • My commission expire & OFFICIAL SEAL EINDA E. HUTCHENRIDE;R COMMONWEALTH OF MASSACHUSETT NOTAE24 S' AW 'CAMI,IONJ+�FAIiHOF1NASSAC1A14EtiS rr E my Comm.Explros Dec.3,2010 County,ss. , On this 4jKday of 09,before me,the undersigned notary public, personally appeared Gina B.Dailey,Director of Comprehensive Permit Programs of the Massachusetts Housing Finance Agency, as Project Administrator as aforesaid,proved to me through satisfactory.evidence of identification,which was my perso aWowiedge,to be the person whose name is signed on the preceding instrument and ac owl dged the foregoing instrument to be her free act an4,dked and the a act an deed f Massac,�k tu1ir„1,, Housing Finance Agency: ��-Y LIFO�o", E�fP•• (� �p Wota�- bji�Mycozm�in expires: � COMMONWEALTH OF MASSA.CHUSETTS '•��yjFq{�04.t;?y�v.•$m County,".ss. On this day of ;200_.,before me,the undersigned notary - _ - public,-personally appeared _-..-- _ _-.... ,the Chairman.of the ; Zoning Board of Appeals,proved to me through satisfactory evidence of identification,which was [a current driver's Iicense] [a current U.S.passport] . [my personal knowledge],to be the person whose name is signed on the preceding instrument and acknowledged the foregoing instniment to be his or her free act and deed. f Notary Public My commission expires: ` S COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this c�ay of G� r�t 2049,before me,the undersigned notary public,personally appeared.John C. Kjimrn,proved to me through satisfactory evidence of identification,which was ,to be the person whose name is signed on the preceding or attar ed d cument, as Town Manager for the Town of Barnstable, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public n My Commission Expires U3 V - �5 SHIRLEE MAY OAKLEY, Nolacy Public COMMONWEAL7N Of MASSACHUSE7M My Commission En*es Maich18:2otS r f 7 EXHIBIT A Legal Description The land and buildings thereon,if any,situated in Barnstable(Hyannis),Barnstable County, Massachusetts,with a property address of 0 Settlers Lane,Hyannis, Massachusetts, being further described as follows: being shown as Lots 1 through 20,inclusive, and the fee in so much as Settlers Lane is shown on a plan of land entitled":Settlers Landing 1,Comprehensive Permit Plan,in Barnstable(Hyannis),MA,prepared for Settlers Landing Realty Trust,Date:August 18, 2005,Revised: July 18,2006,Ref.ZBA Decision,Scale I"=40',"which plan is duly recorded with the Barnstable County Registry of Deeds in Plan Book 610,Page 93. Being that land described in Quitclaim Deed recorded with said Registry of Deeds in . Book 23898 Page 173. I EXHIBIT B Affordable Housing Restriction _ F (see attached) s� d i ' A MASS'HOUSING 01 I:1AMAR-Massachusem(Universal) 7.10.06 AFFORDABLE HOUSING RESTRICTION For Projects In Which Affordability Restrictions Survive Foreclosure THIS AFFORDABLE HOUSING RESTRICTION(this"Restriction")is; [ ] incorporated in and made part of that certain deed (the "Deed") of certain property (the «Pro e ") k from ("Grantor") to ("Owner") dated 20^;or [ ] being granted in connection with a financing or refinancing secured by a mortgage on the Property dated 20 . The Property ' is located in the City/Town of (the"Municipality") RECITALS WHEREAS, the. Owner is purchasing the Property, or is obtaining a loan secured by a mortgage on the Property that was originally purchased, at a consideration which is less than the fair market value of the Property,and WHEREAS,the Property is pant of a project which was: [check all that are applicable] (i) ❑` granted a Comprehensive Permit„under Massachusetts General- Laws Chapter 40B, Sections 20-23,�from the Board of Appeals of the Municipality or the Housing .Appeals Committee and recorded/filed with the County Registry of Deeds/Registiy District of Land Court (the "Re 's ") in Book _ , Page /Document No. (the"Comprehensive Perin it");and/or ❑ subject to a Regulatory Agreement among. (the "Developer"), [ ] Massachusetts Housing Finance Agency C MassHousing"), [ ] the Massachusetts Department of Housing and Community Development] ("DHCD") [ ] the Municipality; .and [ ] dated and recorded/filed with the Registry in Book Page /as Document No. (the "Regulatory_Agreernent");and/or (iii) ❑ subsidized by the federal or state government under MASSHOUSI111G UYIF0101 TIVSMMIENT=FAlYN E i11AE APPROVED FORM 8-114 0 7.10.06(Pagel of 15) 4 f - a program to assist construction of low or moderate income housing the"Program ); and WHEREAS, pursuant to the Program, eligible purchasers such as the Owner are given the opportunity to purchase residential property at less than its fair market value if the purchaser agrees to certain use and transfer restrictions,including an agreement to occupy the property as a principal residence and to convey the property for an amount not greater than a maximum resale price, all as more fully provided herein;and WHEREAS, (singly, or if more than one entity is listed, collectively, the "Monitoring Agent") is obligated by the Program or has been retained to monitor compliance with and to enforce the terms of this Restriction, and eligible purchasers such as the Owner may be required to pay to the Monitoring Agent, or its successor, a small percentage of the resale price upon the Owner's conveyance of the Property,as set out in the Regulatory Agreement and as more fully provided herein; and WHEREAS, the rights and restrictions granted herein to the Monitoring Agent and the Municipality serve the public's interest in the creation and retention of affordable housing for persons and households of low and moderate income and in the restricting of the resale price of property in order to assure its affordability by future low and moderate income purchasers. . NOW, THEREFORE, as further consideration for, the conveyance of the Property at less than fair market value (if this Restriction is attached to the Deed), or as farther consideration for the ability to enter into the financing of refinancing transaction, the Owner (and the Grantor if this Restriction is attached to'the Deed), including his/her/their heirs, successors and assigns, hereby agree that the Property shall be subject to the following rights and restrictions which are 'imposed for the benefit of, and shall be enforceable by, the Municipality and the Monitoring Agent,and,if DHCD is a party to the Regulatory Agreement and is not the Monitoring.Agent,by , DHCD. 1. Definitions. In this Restriction, in addition to the terms defined above, the following words and phrases shall have the following meanings: Affordable Housing Fund means a fund established by the Municipality for the purpose of reducing the cost of housing for Eligible Purchasers or for the purpose of encouraging, creating, or subsidizing the construction or rehabilitation of housing for Eligible Purchasers or, if no such fund exists, a fund established by the Municipality pursuant to Massachusetts General Laws Chapter 44 Section 53A,et seq. Applicable Foreclosure Price shall have the meaning set forth in Section 7(b)hereof Appropriate Size Household means a household containing'a number of members equal to the number of bedrooms in the Property plus one. Approved Capital Improvements- means the-documented commercially reasonable cost of extraordinary capital improvements made to the Property by the Owner; provided that the Monitoring Agent shall have given written authorization for incurring such cost prior to the cost being incurred and that the original cost of such improvements shall be discounted'over the course of their useful life. Area means the Primary Metropolitan Statistical Area or non-metropolitan area that includes the Municipality,as deter-pined by HUD,which in this case is AUSSROUN IG UWOMI WS rR[J1l WNT-FANIVE MAE APPROVED FORAI•B-114 0 7.10.06(Page 2 of 15) I Area Median Income means.the most recently published median income for the Area adjusted for household size as determined by HUD. If HUD discontinues publication'of Area Mediate Income, the income statistics used by MassHousing for its low and moderate income housing programs shall apply. Base Income Number means the Area Median Income for a four(4)-person household. Chief Executive Officer shall meat! the Mayor in a city or the Board of Selectmen in a town unless some other municipal office is designated to be the chief executive officer under the provisions of a local charter. ClosinLy shall have the meaning set forth in Section 5(b)hereof. ' Compliance Certificate shall have the meaning set forth in Section b(a)hereof. Convevance Notice shall have the meaning set forth in Section 4(a)hereof. Eligible Purchaser means an individual or household eat-Wng no more than eighty percent (80%) of Area Median Income(or, if checked [] percent (__-%) of Area Median Income, as required by the Program) and owning assets not in excess of the limit set forth in the Program Guidelines. To be considered an Eligible Purchaser, the individual or household must intend to occupy and thereafter must occupy the Property as his, her or their principal residence and must provide to the Monitoring Agent such certifications as to income, assets and residency as the Monitoring Agent may require to determine eligibility as an Eligible Purchaser, An Eligible Purchaser shall be a'First-Time Homebuyer if required by the Program and as specified in the Regulatory Agreement. • First-Time Hommbuyer means an individual or household, of which no household member has had an ownership interest in a principal residence at any time during the three (3)-year period prior to the date of qualification as an Eligible Purchaser, except that(i) any individual who is a displaced homemaker (as may be defined by DHCD) (ii) and any individual age 55 or over (applying for age 55 or over housing) shall not be excluded from consideration as a First-Time Homebuyer under this definition on the basis that the individual, owned a home or had an ownership interest in a principal residence at any time during the three(3)-year period, Foreclosure Notice shall have the meaning set forth in Section 7(a)hereof HUD'means the United States Department of Housing and Urban Development. Ineligible Purchaser means an individual or household not meeting the requirements to be - eligible as an Eligible Purchaser. Maximum Resale Price means`the sum of(i) the Base Income Number (at the time of resale) multiplied by the Resale Price Multiplier, plus (ii) the-Resale.Fee and any necessaty marketing expenses (including broker's fees)as may have been approved'by the Monitoring Agent,.plus (iii) Approved Capital Improvements, if any (the original cost of which shall have been discounted over time, as calculated by the Monitoring Agent);provided that in no event shall the Maximum Resale Price be greater than the purchase price for which a credit-worthy Eligible Purchaser earning seventy percent (70%), of the Area Median Income (or, if checked [ ] percent { %o) of Area Median Income, as required by the Program)for an Appropriate Size Household could obtain mortgage financing(as such purchase " price is determined by the Monitoring Agent using the same methodology then used by DHCD afar its Local Initiative.Program or similar comprehensive permit.program); and further provided that the Maximum Resale Price shall not be less than the purchase price paid for the Property by the Owner unless the Owner agrees to accept a lesser price. \fASSHOIJSING I7NLFORh1 I�i IST72LAiiENr-FANNIE,l7AE APPROVED FORWI B-rr9 07.10.06(Paae 3 of 15) Monitoring Services Agreement means any Monitoring Services Agreement for monitoring and enforcement of this Restriction among some or ail'of_ the Developer,the Monitoring Agent, the Municipality,MassHousing and DHCD. Mortgage Satisfaction Amount shall have the meaning set forth in Section 7(b)hereof Mortgagee shall have the meaning set forth in Section 7(a)hereof. Program Guidelines means the regulations and/or guidelines issued for the applicable Program and controlling its operations,as amended from time to time. Resale tee means a fee of . % [no more than two and one-half percent (2.5%)] of the Base Income Number(at the time of resale)multiplied by the Resale Price Multiplier, to be paid to the Monitoring Agent as compensation for' monitoring and enforcing compliance with the terms of this Restriction,including the supervision of the resale process. Resale Price Certificate means the certificate issued as may be specified in the Regulatory Agreement and recorded with the first'deed of the Property from the Developer, or the subsequent certificate (if any) issued as may be specified in the,Regulatory Agreement, which sets forth the Resale Price Multiplier to be applied on the Owner's sale of the Property,.as provided herein, for so long as the restrictions set forth herein continue. In the absence. of contrary specification in the Regulatory Agreement the Monitoring Agent shall issue the certificate. Resale Price Multiplier means the number calculated by dividing the Property's .initial sale price by the Base Income Numb&r'at the time of the initial sale fi"om the Developer to the first Eligible Purchaser.The Resale Price Multiplier will be multiplied by the Base Income Number at the time of the Owner's resale of the Property to determine the Maximum Resale Price on such conveyance subject to adjustment for the Resale Fee,marketing expenses and Approved Capital Improvements. In the event that the purchase price paid for the Property by the Owner includes such an adjustment a new Resale Price Multiplier will be recalculated by the Monitoring Agent by dividing the purchase price so paid by the Base Income Number at the time of such purchase, and a new Resale Price Certificate will be issued and recorded reflecting the new Resale Price Multiplier, A Resale Price Multiplier of is hereby assigned to the Property. T Terra means in perpetuity, unless earlier terminated by (i) the termination -of the term of affordability set forth in the Regulatory Agreement or Comprehensive-Permit, -whichever is longer; or (ii)the recording of a Compliance Certificate and a new Restriction executed by the purchaser in form and substance`substantially identical to this Restriction establishing a new term. ` 2. _Owner•-Occupancy/Principal Residence. The Propertyshall be occupied and used by the Owner's household exclusively as his, her or their principal residence. Any use of the Property or activity,thereon which is inconsistent with such exclusive residential use is expressly prohibited. 3. Restrictions Against Leasing, Refinancing and Junior Encumbrances. The Property shall not be leased, rented, refinanced, encumbered (voluntarily or otherwise) or. mortgaged without the prior,written consent of the Monitoring Agent; provided that this provision shall not apply to a first mortgage granted on the date of the delivery of the Deed in connection with the conveyance of the Property from Grantor to Owner securing indebtedness not greater than one hundred percent (100%) of the purchase price. Any rents, profits, or proceeds from any transaction described in the preceding sentence which transaction has not , 14IASSf10USING UISTFORAI INSTRUMENT—FANNIE AM APPROVED FOILM B-114 0 7.10.06(Page 4 of 15) received the requisite written consent of the Monitoring Agent shall be paid upon demand by Owner to the Municipality for deposit to its Affordable Housing Fund. TheMonitoring Agent.or Municipality may institute proceedings to recover such rents, profits or proceeds, and costs of collection, including attorneys' fees. Upon recovery, after payment of costs, the balance shall be . paid to the Municipality for deposit to its Affordable Housing Fund. In the event that the Monitoring Agent consents for good cause to any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents, profits or proceeds from such - transaction, which exceed the actual carrying costs of the Property as determined by the Monitoring Agent, shall be paid to the Municipality for deposit to its Affordable Housing Pund. 4. Options to Purchase. (a)When the Owner or any successor in title to the Owner shall desire to sell, dispose of or otherwise convey the Property, or any portion thereof, the Owner shall notify the Monitoring Agent and the Municipality in writing of the Owner's intention to so convey the Property(the "Conveyance Notice"). Upon receipt of the Conveyance Notice, the Monitoring Agent shall (i) calculate the Maximum Resale Price which the Owner' may receive on the sale of the Property based upon the Base Income Number,in effect as of the date of the Conveyance Notice and the Resale Price Multiplier set forth in the most recently recorded Resale. Price Certificate together with permissible adjustments for the Resale Fee, marketing expenses and Approved Capital Improvements (as discounted), and (ii) promptly begin marketing efforts. The Owner shall fully cooperate with the Monitoring Agent's efforts to locate an Eligible Purchaser and, if so requested by the Monitoring Agent, 'shall hire a broker selected by the Monitoring Agent to assist in locating an Eligible Purchaser ready,willing and able to purchase the Property at the Maximum Resale Price after entering a purchase and sale agreement. Pursuant to such agreement, sale to the Eligible Purchaser at the Maximum Resale Price shall occur within ninety (90) days after the Monitoring Agent receives the Conveyance Notice or such further time as reasonably requested to arrange for details of closing. If the Owner fails to cooperate in such resale efforts,including a failure to agree to reasonable terms in the purchase and sale agreement, the Monitoring Agent may extend the 90-day period for a period coinmensurate with the time the lack of cooperation continues, as determined by they Monitoring Agent in its reasonable discretion. In such event, the Monitoring Agent.shall give Owner written notice of the lack of.cooperation and the length of the extension added to the 90- day period. (b) The Monitoring Agent shall ensure that diligent marketing efforts are made to locate an Eligible Purchaser ready, willing and able to purchase the Property at the Maximum Resale Price within the time period provided in subsection(a) above and to enter the requisite purchase and sale agreement. If more than one Eligible Purchaser is located, the Monitoring Agent shall conduct a lottery or other like procedure to determine which.Eligible Purchaser shall be entitled to enter a purchase and sale agreement with Owner and to purchase the Property. Preference shall be given to Appropriate Size Households. The procedure for marketing and selecting,an Eligible Purchaser shalt be approved as provided in the Regulatory Agreement and any applicable-Program Guidelines. If an Eligible Purchaser is located within ninety (90) days after receipt of the Conveyance Notice,but such Eligible Purchaser proves unable to secure mortgage financing so as to be able to complete the purchase of the Property pursuant to the purchase and sale agreement, following written notice to Owner within the 90-day period the Monitoring Agent shall have an additional sixty(60)days to locate another Eligible Purchaser who will enter TITASSHOUSUNIGUNIFORN1WMITMENT—FANNIEMAEAPPROVED F01M B-114. 07.10.06(Page 5 of 15) 3 i a purchase and sale agreement and purchase the Property•by the end of such sixty (60)-day period or such further time as reasonably requested to carry out the purchase and sale agreement. (c) In lieu of sale to an Eligible Purchaser, the Monitoring Agent or the Municipality or designee shall also have the right to purchase the Property at the Maximum Resale Price, in which event the purchase and sale agreement shall be entered, and the purchase shall occur within ninety (90) days after receipt of the Conveyance Notice or, within the additional sixty (60)-day period specified in subsection(b)above,or such further time as reasonably requested to carry out the purchase and sale agreement. Any'lack of cooperation by Owner in measures reasonably necessary to effect the sale shall extend the 90-day period by the length of the delay caused by such lack of cooperation. The Monitoring Agent shall promptly give Owner.written notice of the lack of cooperation and the length of the extension added to the 90-day period. In the event of such a sale to the Monitoring Agent or Municipality or designee, the Property shall remain subject to this Restriction and shall thereafter be sold or rented to an Eligible Purchaser as may be more particularly set forth in the Regulatory Agreement. (d) If an Eligible Purchaser fails to purchase-the Property within the 90-day period (or such further time determined as provided herein)after receipt of the Convcyance Notice, and the Monitoring Agent or Municipality or designee does not purchase the Property during said period, then the Owner may convey the Property to an Ineligible Purchaser no earlier than thirty (30) days after the end of said period at the Maximum Resale Price, but subject to all rights and restrictions contained herein; provided that the Property shall be conveyed- subject to a Restriction identical in form and substance to this Restriction which the Owner agrees to execute,to secure.execution by the Ineligible Purchaser and to record with the Deed; and further provided that,'if more than one Ineligible Purchaser is ready, willing and able to purchase the Property the Owner will give preference and enter a purchase and sale agreement with any ' individuals or households identified by the Monitoring Agent as an Appropriate Size Household earning more than eighty percent'(80%) but,less than one hundred,twenty percent(120%) of the Area Median Income. (e)The priority for exercising the options to purchase contained in this Section 4,shall be as follows: (i) an Eligible Purchaser located and selected by the Monitoring Agent, as provided ill subsection(b)above, (ii)the Municipality or its designee,as provided in subsection(c) above,. and(iii)an Ineligible Purchaser, as provided in subsection(d)above. (f) Nothing in this Restriction or the Regulatory Agreement constitutes a promise, commitment or guarantee by DHCD; MassHousing, the Municipality or the Monitoring Agent. that upon resale the Owner shall actually receive the Maximum Resale Price for the Property or any other price for the Property. (g) The holder of a mortgage on the Property is not obligated to forbear from exercising the rights and remedies under its mortgage,at law or in equity,after delivery of the Conveyance. Notice. . 5. Delivery of Deed. (a)In connection with any conveyance pursuant to an option to purchase as set forth in Section 4 above, the Property shall be conveyed by the Owner to the selected purchaser by a good and sufficient quitclaim deed conveying agood and clear record and marketable title to the property free from all encumbrances except(i) such taxes for the then current year as are not due and payable onl the date of delivery of the deed, (ii) any lien for municipal betterments assessed after the date of the Conveyance Notice, (iii)provisions of local MASSHOUSING UNUOMI INSTRUI%MT—FAiNNIE A E APPROVER FORIM B-114' ,0 7.10.06(Page 6 of 15) f 1 t 4 •. i i building and zoning laws, (iv) all easements, restrictions, covenants and agreements of record specified in the deed from the Owner to the selected purchaser, (v) such additional easements, restrictions, covenants and agreements of record-as the selected purchaser consents to, such consent not to be unreasonably withheld or delayed, (vi) the Regulatory Agreement, and (vii), . except as otherwise provided in the Compliance Certificate, a Restriction identical in form and substance to this-Restriction which the Owner hereby agrees to execute,to secure execution by the selected purchaser, and to record with the deed. Said deed shall clearly state that it is made subject to the Restriction which is made hurt of the deed. Failure to comply with the preceding sentence shall not affect the validity of the conveyance from-the Owner to the selected purchaser or the enforceability of the restrictions herein, (b) Said deed, including the approved-Restriction, shall be delivered and the purchase price paid(the "Closing') at the Registry, or at the option of the selected purchaser,exercised by written notice to the Owner at least five (5) days prior to the delivery of the deed, at such other place as the selected purchaser may designate.in said notice. The Closing shall occur at such time and on such date as shall be specified in a written notice from the selected purchaser to the Owner,which date shall be-at least five(5)days after the date on which such notice is given, and no later than the end of the time period specified in Section 4(a)above. (c) To enable Owner,to make conveyance as herein provided, Owner may, if Owner so desires at the time of delivery of the deed,use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, all instruments with respect thereto to, be recorded simultaneously with the delivery of said deed. Nothing contained herein as to the Owner's obligation to remove defects in title or to make conveyance or to deliver possession of the Property in accordance with the terms Hereof, as to use of proceeds to clear title or as to the election of the selected purchaser to take title, nor anything else in this Restrictiori shall be, deemed to waive, impair or otherwise affect the priority of the rights herein over matters appearing of record, or occurring, at any time after the recording of this Restriction, all such matters so appearing or occurring being subject and subordinate in all events to the rights herein. (d) Water .and sewer charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of Closing and the net amount thereof shall be added to or deducted from; as the case may be, the purchase price payable by the selected purchaser. (e) Full possession of the Property free from all occupants is to be delivered at the.time of the Closing, the Property to be then in the same condition as it is in on the date-of the execution of the purchase and sale agreement,reasonable wear and tear only excepted. (f) If Owner shall be unable to give title or to make conveyance as above required,or if any change of condition in the Property.not included in the above exception shall occur, then. Owner shall be given a reasonable time not to exceed thirty(30) days after the date on which the Closing was to have occurred+in which to remove any defect in title or to restore the Property to the condition herein required. The Owner shall use best efforts to remove any such defects in the title, whether voluntary or involuntary, and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The Closing shall occur fifteen (15) days after, notice by Owner that such defect has been cured or that the Property has been so restored. The selected purchaser shall have the election, at either the original or any extended `tame for performance,to accept such title as the Owner can deliver to the.Property in its then condition W MASSHOUSNG UtWORII IN1;STRUMEI\'T-FANNIE hIAE APPROVED FORM B414 0 7.10.06(Page I of 15) and to pay therefor the purchase price without deduction,in which ease the Owner shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause,if the Property shall have been damaged by fire or casualty insured against or if a portion . of the Property shall have been taken by a public authority, then the Owner shall, unless the Owner has previously restored the Property to its former condition,either: (A) pay over or assign to the selected purchaser, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts reasonably expended by the Owner for any partial restoration, or (B) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the . Property to its former condition or to be so paid over or assigned, give to the selected purchaser a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Owner for any partial restoration. G. Resale and Transfer Restrictions. (a)Except as otherwise provided herein, the Property or any interest therein shall not at any time be sold by the Owner, or the Owner's successors and assigns, and no attempted sale shall be valid, unless the aggregate value of all consideration and payments of every kind given or paid by the selected purchaser of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Propeity, and unless a certificate (the "Compliance Certificate") is obtained- and recorded, signed and acknowledged by the Monitoring Agent which Compliance Certificate refers to the Property, the Owner,the selected purchaser thereof, and the Maximum Resale Price therefor, and states that the proposed conveyance, sale or transfer of the Property to the selected purchaser is in compliance with the rights, restrictions, covenants and agreements contained in. this Restriction, and unless there is also recorded a new Restriction executed by the.selected. purchaser,which new Restriction is identical in form and substance to this Restriction. (b)The Owner,any good faith purchaser of the Property,any lender or other party taking .a security interest in such Property and any other third party may rely upon a Compliance Certificate as conclusive evidence that the proposed conveyance, sale or transfer of the Property to the selected purchaser is in compliance with the rights,restrictions,covenants and agreements contained in this Restriction, and may record such Compliance Certificate in connection with the conveyance of the Property. (c) Within ten (10) days of the closing of the conveyance of the Property from the Owner to the selected purchaser,the Owner shall deliver to the Monitoring Agent a copy of the Deed of the Property, including the Restriction, together with recording information. Failure of the Owner, or Owner's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance or the enforceability of'the restrictions herein. 7. Survival of Restrictions Upon Exercise of Remedies by Mortgagees .(a) The holder of record of any mortgage on the Property {each, a "Mortgagee") shall notify the Monitoring Agent,the Municipality and any senior Mortgagee(s)in the event of any default for which the Mortgagee intends to commence foreclosure proceedings or similar remedial action pursuant to its mortgage(the"Foreclosure Notice"),which notice shall be sent to the Monitoring Agent and the Municipality as set forth in this Restriction, and to the senior Mortgagee(s) as set. MASS}i0USI 1G UN1F0M1I INSTRUMENT-FADN UE ti1AE APPROVED FOPUM $114 07.10A(page 8 of i s) forth in such senior Mortgagee's mortgage,not less than one hundred'twenty(120)days prior to the foreclosure sale or the acceptance of a deed in lieu of foreclosure. The Owner expressly agrees to the delivery of the Foreclosure Notice and any other communications and disclosures made by the Mortgagee pursuant to this Restriction. (b).The Owner grants to the Municipality or its designee the right and option to purchase the Property upon receipt by the Municipality of the Foreclosure Notice. hi the event that the Municipality intends to exercise its option, the Municipality or its designee shall purchase the Property within one hundred twenty (120) days'of receipt of such notice, at a price equal to the greater of Q)the sum of the outstanding principal balance of the note secured by such foreclosing Mortgagee's mortgage, together with the outstanding principal balance(s)of any note(s) secured by mortgage(s) senior in priority to such mortgage (but in no event shall the aggregate amount thereof be greater than one hundred percent (100%) of the Maximum Resale Price.calculated at the time of the granting of the mortgage) plus all future advances, accrued-interest and all reasonable costs and expenses which the foreclosing Mortgagee and any senior Mortgagee(s) are entitled to recover pursuant 'to the terms of such mortgages (the "Mortgage Satisfaction Amount"), and (ii) the Maximum Resale Price (which for this purpose may be less than the purchase price paid for the Property by the Owner)(the- greater of (i) and (ii) above herein referred to as the"A' plicable Foreclosure Price").The Property shall be sold and conveyed in its then-current"as is,where is"condition,without representation or warranty of any kind,direct or indirect, express or implied, and with the benefit of and subject to all rights, rights of way, restrictions, easements, covenants, liens, improvements," housing code violations, public assessments, any and all unpaid federal or state taxes (subject to any rights of redemption for unpaid federal taxes), municipal liens and any other encumbrances of record then in force and applicable to the Property having priority-over such foreclosing Mortgagee's mortgage, and further subject to a Restriction identical in form and substance to this Restriction which the Owner hereby agrees to execute, to secure execution by the Municipality or its designee, and to record with the. deed, except that (i) during.the term of ownership of the Property by the Municipality or its designee the owner-occupancy requirements of Section 2 hereof shall not apply (unless the designee is an Eligible Purchaser), and(ii)the Maximum Resale Price shall be recalculated based on the price paid for the Property by the Municipality or its designee,but not greater than the Applicable Foreclosure Price. Said deed shall cleanly state that it is made subject to the Restriction which is madePart of the deed. Failure to comply with the preceding sentence shall not affect the validity of the conveyance from the Owner to the Municipality or its designee or the enforceability of the restrictions herein. (c) Not earlier than one hundred twenty (120) days following the delivery of the ' Foreclosure Notice to the Monitoring_Agent, the Municipality and any senior Mortgagee(s) pursuant to subsection(a)above,the foreclosing Mortgagee may conduct the foreclosure sale or accept a deed in lieu of foreclosure. The Property shall be sold and conveyed in its then-current "as is, where is" condition, without.representation or warranty of any kind, direct or indirect, express or implied, and with the benefit of and subject to all rights, rights of way, restrictions, easements, covenants,liens,improvements,housing code violations,public assessments, any and all unpaid.federal or state taxes (subject to any rights of redemption for unpaid federal taxes), municipal liens and any other encumbrances of record then in force and applicable, to the 4 hlASStIOUSIi iG UNIF0RINTMIST TAI IEW FANNIE'),,YM APPROVED YOW1 &414 0 7.10,06(Page 9 of 15) 1 Property having priority over the foreclosing Mortgagee's mortgage, and further subject to a Restriction,as set forth below. (d) In the event that the foreclosing Mortgagee conducts a •foreclosure sale or other proceeding enforcing its rights under its mortgage and the Property is sold fora price in excess of the greater of the Maximum Resale Price and the Mortgage Satisfaction Amount, such excess shall be paid to the Municipality for its. Affordable Housing Fund after (i) a final judicial determination, or (ii) a written agreement of all parties who, as of such date hold (or have been duly authorized to act for other parties who hold) a record interest in the Property, that the Municipality is entitled to such excess. The legal. costs of obtaining any such judicial determination or agreement shall be deducted from the excess prior- to payment to the Municipality. To the extent that the Owner possesses any interest in any amount which would - otherwise be payable to the Municipality under this paragraph, to.the fullest extent permissible by law,`the Owner hereby assigns its interest in such amount to the Mortgagee for payment to the Municipality. (e) If any Mortgagee shall,acquire the Property by reason of foreclosure or upon conveyance of the Property in lieu of foreclosure,,then the rights and restrictions contained herein shall apply to such Mortgagee upon such acquisition of the Property and to any purchaser of the Property from such Mortgagee,and the Property shall be conveyed subject to a Restriction identical in form and substance to this Restriction,which the Mortgagee that has so acquired the Property agrees to annex to the deed and to record with the deed, except that(i) during the term of ownership of the Property by such Mortgagee the owner-occupancy requirements of Section 2 hereof shall not apply, and (ii) the Maximum Resale Price shall be.recalculated based on the price paid for the Property by such Mortgagee at the foreclosure sale, but not greater than the Applicable Foreclosure Price. .Said deed_shalt clearly state that it is made subject to the Restriction which is made part of the'deed, Failure to comply,with the preceding sentence shall not affect the validity of the conveyance to the Mortgagee or the enforceability of the restrictions herein. (f) If any party other than a Mortgagee shall acquire the Property by reason of foreclosure or upon conveyance of the Property in lieu of foreclosure,the Property shall be conveyed subject to a Restriction identical in form and substance to this- Restriction, which the foreclosing Mortgagee agrees to annex to the deed and to record with the deed, except that (i) if the purchaser at such foreclosure sale"or assignee.of a deed in lieu of foreclosure is an Ineligible Purchaser, then during the term of ownership of the Property by such Ineligible Purchaser, the owner-occupancy requirements of Section 2 hereof shall not apply, and(ii)the Maximum Resale Price shall be recalculated based on the price paid for the Property by such third party purchaser at the foreclosure sale, but not greater than the Applicable Foreclosure Price. Said deed shall clearly state that it is made sullject`to the Restriction which is made part of the deed. Failure to comply with the preceding sentence shall not affect the validity of the conveyance to such third party purchaser or the enforceability of the restrictions herein. (g) Upon satisfaction of the requirements contained in this Section 7, the'Monitoring Agent shall issue a Compliance Certificate to the foreclosing Mortgagee which,upon recording in the Registry, may be relied upon as provided in Section b(b) hereof as conclusive evidence that the conveyance of the Property pursuant to.this Section.7 is in compliance with the rights,, restrictions,covenants and agreements contained in this Restriction. j W1ASSHOUMIG WUORNI WSMUINIENr—FAMUE NUE APPROVED FORA1 13-114 0 7.10.06(Page 10 of 15) i (h) The Owner understands and agrees that nothing in this Restriction or the Regulatory Agreement (i) in any way constitutes a promise or guarantee by MassHousing, DHCD, the Municipality or the Monitoring Agent that the Mortgagee shall actually receive the Mortgage Satisfaction Amount, the Maximum Resale Price for the Property or any other price for the Property, or(ii)impairs the rights and remedies of the Mortgagee in the event of a deficiency. (i) If a Foreclosure Notice is delivered afterr the delivery of a Conveyance Notice as provided in Section 4(a) hereof, the procedures set forth in this Section 7 shall 'supersede the. provisions of Section 4 hereof. 8. Covenants to Run With the Property. (a) This Restriction, including all rest fictions, rights and covenants contained herein, is an affordable housing restriction as that term is defined in Section 31 of Chapter 184 of the Massachusetts General Laws, having the benefit of Section 32 of such Chapter 184,and is enforceable as such. This Restriction has been" approved by the Director of DHCD. (b) In confirmation thereof the Owner (and the Grantor if this Restriction is attached to the Deed)intend, declare and covenant (i) that this Restriction, including all restrictions, rights and covenants contained herein, shall be and are covenants running with the.land, enctunbering the Property for the Term, and are binding upon the Owner and the Owner's successors in title and assigns, Qi) are not merely personal covenants of the Owner, and (iii) shall enure to the benefit of and be enforceable by the Municipality, the Monitoring Agent and DHCD,and their successors and assigns, for the Term. Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts have been satisfied in order for the provisions of this Restriction to constitute restrictions and covenants running with the land and that any requirements of privity of estate have been satisfied in full. 9. Notice. Any notices, demands or requests 'that may be given under this Restriction shall be sufficiently served if given in writing and delivered by Band or mailed by certified or registered mail, postage prepaid, return receipt requested, to the following entities and parties in interest at the addresses set forth below, or such other addresses as maybe " specified by any party(or its successor)by such notice. Municipality: Grantor: (applicable only if this Restriction is attached to the Deed) Owner: WIASSI-IOUSL IG UNIFORM INSTRUMENT—FA.II'I E 1IAE APPROVED FORI1 13414 0 7.10.06(Page I I of 15) ' Monitoring_A eg ntfsl (2) Others: Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed, IV Further Assurances. The Owner agrees from time to time,as may be reasonably required by the Monitoring Agent, to furnish the Monitoring Agent upon its request with a written statement, signed and, if requested, acknowledged, setting forth the condition and occupancy of the Property, information concerning the resale of the Property and other material information pertaining to the Properly and the Owner`s conformance with the requirements of the . Comprehensive Permit,Program and.Program Guidelines,as applicable. 1.1.. Enforcement. (a) The rights hereby granted shall include the right of the Municipality and the Monitoring Agent to enforce this Restriction independently by appropriate legal proceedings and to obtain injunctive and other appropriate relief on account of, any violations including without limitation relief requiring restoration of the Properly to the condition, affordability or occupancy which, existed, prior to the violation impacting such condition, affordability or occupancy (it being agreed that there shall be no adequate remedy at law for such violation), and shall be in addition to, and not.in limitation of, any other rights and remedies available to the Municipality and the Monitoring Agent. NMSHOUSING UNUFORRI LISTRUIIENf—F�IPIW K&E.APPROVED FOR�li 8-114 07.10.06(Page 12 of 1 5) E f f i (b) Without limitation of any other rights or remedies of the Municipality and the Monitoring Agent, or their successors and assigns, in the event of any sale,conveyance or other transfer or,occupancy of the Property in violation of the' provisions of this Restriction, the Municipality and Monitoring Agent shall be entitled to the following remedies,which shall be cumulative and not mutually exclusive: (i) specific performance of the provisions of this Restriction; (H) money damages for charges in excess of the Maximum Resale Price, if applicable; (iii) if the violation is a sale of the Property to an Ineligible Purchaser except as permitted herein, the Monitoring Agent and the Municipality shall have the option to locate an Eligible Purchaser to purchase or itself purchase the Property from the Ineligible Purchaser on the terms and conditions provided herein; the purchase price shall be a price which complies with the provisions of this Restriction; specific performance of the requirement that an Ineligible Purchaser shall sell,as herein provided,may be judicially ordered. (iv) the right to void any contract for.sale or any sale, conveyance or other transfer of the Property, in violation of the provisions of this Restriction in the absence of a Compliance Certificate,.by an action in equity to enforce this Restriction; and (v) money damages for the cost of creating or obtaining a comparable dwelling unit for an Eligible Purchaser., (c) in addition to the foregoing, the Owner,hereby agrees and shall be obligated to pay all fees and expenses (including legal fees) of the Monitoring Agent and/or the Municipality in the event successful enforcement action is taken against the Owner or Owner's successors or assigns. The Owner hereby grants to the Monitoring Agent and the Municipality a lien on the Property, junior to the lien of any institutional holder of a first mortgage on the Property, to secure payment of such fees and expenses in any successful enforcement action. The Monitoring Agent and the Municipality shall be entitled to seek recovery of fees and expenses incurred in a successful enforcement action of this Restriction against the Owner and to assert such a lien on the Property to secure payment by the:Owner of such fees and expenses. Notwithstanding anything herein to the contrary, in the event that the Monitoring Agent and/or Municipality fails to enforce this Restriction as provided in this Section, DHCD, if it is not named as Monitoring Agent, shall have the same rights and standing to enforce this Restriction as the Municipality and Monitoring Agent. (d) The Owner for himself, herself or themselves and his, her or their successors and assigns,hereby grants to the Monitoring Agent,and the Municipality the right to take all actions with respect to the Property which the Monitoring Agent or Municipality may determine to be necessary or appropriate pursuant to applicable law, court order, or the consent of the Owner to prevent,remedy of abate any violation of this Restriction. 12. Monitoring Agent Services; Fees. The Monitoring Agent shall monitor compliance of the Project and enforce the requirements of this Restriction. As partial compensation for providing these services,a Resale Fee [ ] shall[ ] shall not be payable to the Monitoring Agent on the sale of the Property to an Eligible Purchaser or any other purchaser in accordance with the terms of this Restriction. This fee, if imposed, shall be paid by the Owner r MASSHOUSM UNIFORM hNISTRU EM—FANNJ E AM"PROVFA FORIM R-114 0 7.10.06(Page 13 of 15) herein as a closing cast at the time of Closing, and payment of the fee to the Monitoring Agent shall be a condition to delivery and recording of its certificate,_failing which the Monitoring Agent shall have a claim against the new purchaser, his, her or their successors or assigns, for which the Monitoring Agent.may bring an action and may seek an attachment against the Property. 13. Actions by Municipality. Any action required or allowed to be taken by the Municipality hereunder shall be taken by the Municipality's Chief Executive Officer or designee. 14. Severabili . If any provisions hereof or the application thereof to any person or circumstance are judicially determined, to. any extent, to be invalid or unenforceable, the remainder hereof,or the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected thereby. 15. Independent Counsel. THE OWNER ACKNOWLEDGES THAT HE, SHE, OR THEY HAVE READ THIS DOCUMENT 7N ITS ENTIRETY AND HAS HAD THE OPPORTUNITY TO CONSULT LEGAL AND FINANCIAL ADVISORS OF HIS, FIER OR THEIR CHOOSING REGARDING THE EXECUTION, DELIVERY AND PERFORMANCE OF THE OBLIGATIONS HEREUNDER. -16. Binding Agreement. This Restriction shall bind and inure to the benefit of the persons, entities and parties named herein and their successors or assigns as are permitted by this Restriction. 17. ,. Amendment. This Restriction may not be rescinded, modified or amended, in whole or in part, without the written consent of the Monitoring Agent, the Municipality and the holder of any mortgage or other security instrument encumbering all or any portion of the Property,which written consent shall be recorded with the Registry. Executed as a sealed instrument this day of ,200 Grantor: (applicable only if this Owner: Restriction is attached to the Deed) By: By; [Space Below This Line for Aelmowledgementj AUSSROUS1NG UNUORKI WSMINIENT--FA NIE MAE APPROVED FO RIAI B-114 0 7.10.06(Page 14 of 15) I s COMt ONWEALTH OF MASSACHUSETTS a County,ss: On this. day of , 200, before me, the undersigned notary public, personally appeared , the of in its capacity as the of proved to me through satisfactory evidence of identification; which was [a current driver's license] [a current U.S. passport] [my personal knowledge], to be the person whose name is signed on the preceding instrument and acknowledged the foregoing instrument to be his or.her free act and deed and the free act and deed of as of Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS County,ss. On this day of , 200__,, before tne, the.undersigned notary public, personally appeared ; the of in its capacity as the of proved to me thuough satisfactory evidence of identification, which was [a current driver's license] [a current U.S. passport] [my personal knowledge], to be the person whose name is signed on the preceding instrument and acknowledged the foregoing instrument to,be his or her free act and deed and the free act and deed of - as of Notary Public My commission expires: "SHOUSINNG UW'ORM WSTRUIMENT—FANNIE MA E APPROVED FORM B-114 0 7.10.06 Pge 15 of 15) i . T EXHIBIT C ' Monitoring Services Agreement, (see attached) 4 i f , � 1 1 NMON-eaWpAfroidab&IyM-dtmingAgrec -d 10.17.2008 ` AFI'ORDABILTTY MONITORING SERVICES AGREEMENT For Comprehensive Permit Projects In Which Funding Is Provided Through Other than a-State Entity This Monitoring Services Agreement(this"Agreement')is made as of October 22,2010, by and among the Massachusetts Housing Finance Agency(the"PFo�ect A(hministratox"),as project administrator acting on behalf of the Department of Housing and Community Development("DHCD"),Barnstable Housing Authority,having an address at 146 South-Street, Hyannis,MA 02601 (the",Monitoring Agent"),and Jacques N.Morin,Trustee-of Settlers' Landing Y Realt Trust under Declaration of Trust dated August 3,2000,see trustee's certificate recorded with die Barnstable County Registry of Deeds(the"Registry')in Book 23898,Page 171,leaving an address-at 1597 Falmouth Road,Suite 4,Centerville,MA,02632,and its successors and assigns("Developer"). r RECITALS WHEREAS;the Developer intends to construct a'lousing development known as Settlers Landing 1(the"Project")consisting of 20 single-family residences at a 5.61=acre site located at 3,5,7, 17,31,749,59,71,75,79,81 and 0 Settlers Landing and at 310 Castlewood Circle in the Town of Hyannis(the`Minicimality");and WHEREAS,die Project is being financed with a$ 000. Constriction loan(the "Load)by a non-governmental entity for which the Massachusetts Housing Finance Agency serves as project administrator pursuant to the Comprehensive Permit Guidelines(the "Guidelines")issued by DHCD,and is subject to a Regulatory Agreement between the Projecty' Administrator and the Developer(the"Re ulatM eement");and WHEREAS,the Developer has received a comprehensive pennit(the"Comprehensive Permit")from the Zoniug Board of Appeals of the'Municipalityin accordance with Chapter 40B, Sections 20-23,of the Massachusetts General Laws(the"Act"),which permit is recorded with the Registry in Book 21233,Page 107- 124,as amended;and - WHEREAS,pursuant to the requirements of the Guidelines and the Reguatory Agreement,twenty-five percent(2511/6)of the units in the Project(five(5)units)(the"Affordable Units")shall be sold to Eligible Purchasers(as.defined in the Regulatory Agreement)at prices specified therein and shall be subject to resale restrictions as set forth in the Affordable Housing Restriction attached to the RegulatoryAgreement(the"Affordability Regairen and WHEREAS,at the reclnest of the Project Administrator,the Developer has agreed to ' retain the Monitoring Agent to perform certain administration,monitoring and enforceuueut services regarding compliance of the Project with the Guidelines during the term of affordability. of the Affordable Units. NOW,THEREFORE,for good and valuable consideration, the receipt acid sufficiency of which are hereby acknowledged,the parties hereto,intending to be legally bound,hereby agree as follows: 1. Monitoring Services. Monitoring Agent shall monitor the compliance of the Project with.the Affordability Requirement,as more fully described herein. (a) Affordability Requirement. (s)Initial Sales.The Developer agrees to deliver to the Monitoring Agent the income,asset and age.ceriifications,deeds and Affordable Housing Restrictions with respect to initial sales of Aj(f)i-dable Units as required under the Regulatory Agreement(the"Initial Sales Data").Ile Monitoring Agent agrees to review the bitial Sales. Data and determine the substantive coinpliance of the Project with the Affordability.Requirement in accordance with the ndes of the Project Administrator.The Monitoring Agent shall also. ensure substantive compliance with the approved Marketing Plan and lottery process.Upon completion of its review of Initial Sales Data,the Monitoring Agent shah deliver to the Project Administrator and the Municipality a copy of such data together with the Monitoring Agent's . determination of whether the Affordability Requirement has been met. The Project Administrator shall make the final determination of whether the Affordability Requirement has. - been suet and shall notify the Municipality of its determination. (irk Resales.The Monitoring Agent also agrees to monitor resales of Affordable Units (including review of income and asset certifications,deeds and Affordable Housing Restrictions) for compliance with the terms of the Affordable Housing Restriction,and issuance of certifications,as appropriate,in connection with approval of resales.The Monitoring Agent shall also locate and select,or provide assistance to the Municipality in locating and selecting,Eligible Purchasers,inelud'urg-vvithout limitation,ensuring compliance with the approved Marketing Plan and lottery process. On resale of an Affordable Unit,at the request of the purchaser,the MoniWinng Agent shall,if necessary under the teinis of the Affordable housing Restriction,issue a new Resale Price Certificate recalculating the Resale Price Multiplier in accordance with the teams of the Affordable Housing Restriction,and the purchaser may record the new Resale Price.Certificate. immediately after the recording of the deed to such Affordable Unit. The Resale Price Multiplier set forth in-the most recently recorded Resale Price Certficate shall apply to each subsequent . resale of the Affordable Unit (b)Annual Revorts.'Until the Affordability Requirement has been met,the Monitoring Agent agrees to prepare and deliver annually a,report(the",�.nnual Compliance Report")to the Project Adnninistrator and to the Zoning Enforcement Officer of the Municipality on compliance of the Project with the Affordability Requirement. The Annual Compliance Report shall-indicate the extent of noncompliance with the relevant reporting and/or substantive requirements, describe efforts being made by the Developer to remedy such noncompliance and,if appropriate, recommend possible enforcement action by the Monitoring Agent and/or Municipality against, the Developer. The Monitoring Agent shall deliver the Annual Connpliance Report within one hundred twenty(120)days of tine end of each calendar year during the tenu of-this Agreement- `. (c)Supplemental Monitoring Services. The Monitoring Agent shall provide reasonable supplemental monitoring on its own initiative in order to ensure to the extent practicable(i)the compliance by the Developer with the Affordability Requirement,and(ii)the compliance by the owners of the Affordable Units with the requirements o£the Affordable Housing Restriction, including without limitation the owner--occupancy requirement and the Resale Restrictions (including recalculating the Resale Price Multiplier,if necessary). The services heretunder shall also include considerations of requests for refinancing,approval of capital improvements,fitrther encumbrances and leasing an Affordable Unit.The services liereituder shall not include any ; construction monitoring..The services hereunder shall include follow-up discussions with the Developer and/or owners of tlie-Affordable Units,if appropriate,after an event of nonconipliance.The Monitoring Agent shall be entitled to a reasonable fee for supplemental monitoring services as set forth in the Homebuyer Disclosure Statement executed by the buyer of the Affordable Unit. . 2. Monitoring Services Fee. The Monitoring Agent shall receive a fee of Seventy. . . .Five Hundred($7;500.00)Dollars from the Developer. The Monitoring Agent has agreed to defer payment of this fee until such time as Developer applies for a building permit for the first° affordable house to be constructed. Stich-fee shall constitute payment for the services of the Monitoring Agent with respect to compliance by the Developer with the Affordability Requirement in conneetion with initial sales of the Affordable Units. As provided in the Affordable Housing Restriction for each Affordable Unit,the Monitoring Agent shall receive a Resale Fee of up to two and one-half percent,(2.50/o)of the product of the Base Income Nunnber (at the.time of resale)multiplied by the Resale Price Multiplier,to be paid by,the seller of the Affordable Unit at each closing as a condition precedent to closing,for the services with respect to monitoring each subsequent sales transaction for compliance with the Resale Restrictions and the other terms of the Affordable Housing Restriction. Such fee shall be payable for-all transfers of Affordable Units,including those to an Eligible Purchaser or any other purchaser. If the Monitorinj Agent's fee is not paid at the time of closing, the Monitoring Agent shall be entitled to payment from the ptucliaser of the Affordable Unit and to bring an action and seek an. attacluinent of the interest of the purchaser in the'Affordable Unit. Neither the Project Adnriiristrator nor the Municipality shall have any responsibility for payment of any fee to Monitoring Agent hereunder. 3. Enforcement Services. In the event of serious or repeated violations of the substantive or reporting requirements of the,Regulatory Agreement(with respect to the. Affordability Requirement)or a failure by the Developer to take appropriate actions to cure a default under the Regulatory Agreement(with twpect to the Affordability Requirement),the Monitoring Agent shall have the right,with the prior consent of the Project Administrator,to take appropriate enforcement action against the Developer,including,without limitation,legal action to compel the Developer to-comply with°the Affordability Requirement. The Regulatory AWement provides for payment by the Developer of fees aid expenses(including legal fees)of the Monitoring Agent in the event enforcement action is taken against the Developer thereunder and grants to the Monitoring Agent a lien on the Project,junior to the lien securing the Loan,to secure payment of such fees and expenses. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses-incurred-in enforcing the Regulatory Agreement against the f 4 Developer and to assert a lien on the Project to secure payment by the Developer of such fees and expenses. In the event of a violation of the provisions of a Affordable`Housing Restriction;the Monitoring Agent shall have the rigbt,with the prior consent of the Project Administrator,to tape appropriate enforcement action against the unit owner or the unit owner's successors in title, including,without hi nitation,legal action to compel.the unit owner to comply with.the requirements of flee relevant Affordable Housing Restriction. The form of Affordable.Housing Restriction shall-provide for payment by the unit owner of fees and expenses(including legal fees)of the Monitoring Agent in the event enforcement action is taken against the unit owner thereunder and shall grant to the Monitoring Agent o lien on the unit,junior to the lien of army institutional holder of a first mortgage on the unit to secure payment of such fees,and-expenses. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incuni-ed in enforcing a Affordable Housing Restriction against the unit owner and to assert alien on the relevant unit to secure payment by the unit owner of such fees and expenses.- The Monitoring Agent shall not be entitled to seek any compensation or reimbursement from the Project Administrator or the Munnicipality inn connection-with the enforcement services under this Section,it being understood that the Monitoring Agent.shall look solely-to the reimbursement rights described above for payanient of the Monitoring Agent's costs and expenses. 4.. T. enu. The.monitoring services are to be provided for so long as there is any Affordable Unit subject to an Affordable Housing Restriction. The term of this Agreement shall end on the date six(6)months after the later to occur of the latest expiration date of the term of the Affordable Housing Restriction attached to any of the Affordable Units. S. Responsibility of Monutorinng.A ntnt. The Monitoring Agent shall not be held liable for any action taken or oinnitted under this Agreement so long as it shall have acted in good faith-and witliout gross negligence. 6. : Successor Monitoring AgentTurther DelegationlConflict of interest. (a)This Agreement is terminable at-vill by the Monitoring Agent or the Project Administrator with sixty,. (60)days notice to the other parties.In addition,this Agreement is terminable immediately by the Project Administrator should the Monitoring Agent be dissolved or become incapable of". fulfilling its obligations during the term of this Agreement.In the event of termination of this Agreement,the Project Administrator shall promptly appoint a successor monitoring agent to serve-as Monitoring Agent for the remaining term of this Agreement. (b)The Monitoring Agent shall not delegate all or any portion of its obligations hereunder without the prior approval of the Project Administrator.If the Monitoring Agent performs any fimetions for the Developer,such as numing the lottery;that would be subject to oversight by the Monitoring Agent,the Monitoring Agent must delegate oversight of such } fillictionns to a MassHousing-approved entity. f 7. Jndemni The Developer agrees to indemnify and hold hatniless the Monitoring Agent,the Project Administrator and the Municipality against all damages,costs and liabilities, . including reasonable attorney's fees,asserted against the Monitoring Agent,the Project, Administrator or the Municipality by reason of its relationship with flee Project tender thus , Agreentent and not involving the Monitoring Agent,the Project Administrator or the Muuticipalityacting in bad faith and with gross negligence. S. Applicable Law. This Agreement,and the application or interpretation hereof shall be governed by the laws of The Commonwealth of Massachusetts. 9. - Bin�Agreement.. This Agreement shall be binnding'on the parties hereto,their heirs,executors,personal representatives,successors and assigns.' 10. Headings. All paragraph headings in this Agreement are,for the convenience of reference only and are not intended to qualify the meaning of the paragraph. 11. Third-Party Beneficitu es. The Project Administrator,the bolder of the mortgage securing the Loan(for.so long as the Loan is outstanding)and the Municipality shall be entitled . to enforce this Agreement acid may rely on the benefits of this Agreement. , 12. Entire A •eeg�memt.This Agreement supersedes all prior agreements between the parties with respect to the Project,whether oral or written,including without limitation,all correspondence between the parties and between-counsel for their respective parties.This Agreement constitutes the sole and entire agreement between the parties hereto with respect to ' the subject transaction,and the rights,duties,and obligations of the parties with respect-thereto. In executing this Agreement,the Monitoring Agent acknowledges that the Monitoring Agent is not relying on any statement,representation,warranty,covenant or agreement of any kind made by the Developer,the Project Adwinistrator or the Municipality or any employee or agent of any of the foregoing,except for the agreements set forth herein. 13. Definitions. Any ca�itatized terinused and not defined herein shall have tine same meaning as set;£orth in the Regulatory Agreemern#. IN VATNESS-VVMREOF,the parties hereto have caused this Agreement to be duly executed as of the date fast written above: S LANDING REALTY TRUST, By; ac ues .Morin,Tru ee as a oresaid 5.... „ - S I ' r k , { l j • i BARNSTABLE HOUSING AuTHORTTY By: Title: CXe ccr.Pz .2>A-eC"{�r- MASSACHUSETTS HOUSING FINANCE AGENCY-,'as ProjectAdiniflistrator as aforesaid By: tia B.Dailey,Div for of Comprehensive Penult Programs . r t t - I NEROwnership Limited Dividend Monitoring Agreement 10-20,2008 LIMITED DIVIDEND MONITORING SERVICES AGREEMENT For Comprehensive Permit Projects in Which Funding is Provided Through Other than a State Entity This Monitoring Services Agreement(this"A eement")is made as of November , 2009,by and between the Massachusetts Housing Finance Agency(the"Project Administrator), as project administrator acting on behalf of the Department of Housing and Community Development("DHCD"),and Jacques N.' Morin,Trustee of Settlers Landing Realty Trust, a Massachusetts Realty Trust,having an address of 1597 Falmouth Road, Suite 4,Centerville,MA 02632,and its successors and assigns("Developer RECITALS WHEREAS,the Developer intends to construct a housing development known as Settler's Landing I(the"Project')consisting of 20 for-sale condominium units/single-family residences at a 5.61-acre site located at 3, 5,7, 17, 31,49, 59,71,75,79, 81''and 0 Settlers_ Landing and 310 Castlewood Circle in the City/Town of Hyannis(the"Municipality"); and WHEREAS,the Project is being financed with a$ Y Qv,_000 construction loan(the "Loan")by a non-governmental entity for which the Massachusetts Housing Finance Agency serves as project admuustrator pursuant to the Comprehensive Permit Guidelines(the "Guidelines:")issued by.DHCD,and is subject to a Regulatory Agreement between the Project Administrator and the Developer(the"Regulatory Agreement"); and WHEREAS, the Developer has received a comprehensive permit(the"Comprehensive Permit')from the Zoning Board of Appeals of the Municipality in accordance with Chapter 40B, c, Sections 20-23,of the Massachusetts General Laws(the"Act!),which permit is recorded/filed at the Barnstable County Registry of Deeds/Registry District of Land Court("Regis ')in Book 21233,Page 107/Document No. ,as amended; and WHEREAS,pursuant to the requirements of the Guidelines and the Regulatory Agreement,the Developer may not receive profit in excess of twenty percent(20%)of Total. Development Costs(as defined in the Regulatory Agreement)or must distribute the excess as required by the Regulatory Agreement(the"Limited Dividend Requirement");and WHEREAS,the Developer has agreed that the Project Administrator will perform certain administration,monitoring and enforcement services regarding compliance of the Project with the Guidelines. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto,intending to be legally bound,hereby agree . as follows: . t 1 e I 1. Monitoring_Services. Project Administrator shall monitor the compliance of the Developer with the Limited Dividend Requirement, as more fully described herein., (a)Limited Dividend Requirement. In accordance with Section 4 of the Regulatory Agreement,the Developer agrees to deliver to the Project Administrator the..Cost Examination, as defined in the Regulatory Agreement,at the times required thereunder. The Project Administrator agrees to review the adequacy and completeness of the Cost Examination and determine the Developer's substantive compliance with the Limited Dividend Requirementin ' accordance with the toles of the Project Administrator.If all of the units in the Project have not been sold at the time the Developer is required to deliver the initial Cost Examination to the Project Administrator,the Project Administrator shall continue to review the subsequent Cost Examinations delivered pursuant to the Regulatory Agreement until all of the units are sold and compliance with the Limited Dividend Requirement can be determined. If units are sold prior to approval of the initial Cost Examination,the,provisions of Section 4(d)of the Regulatory Agreement shall apply.The Project Administrator shall make the final determination as to whether the Limited Dividend Requirement has been met and shall notify the Municipality of its determination. 2. -Monitoring_Services Fee. The Project Administrator shall receive a fee,of$5,006 from the Developer at the time of execution of this Agreement. Such fee shall constitute pYin Administrator payment for the services of the Project Admanstrator with respect ect to determination of compliance by the Developer with the Limited Dividend Requirement. 3. Enforcement Set vices. In the event of serious or repeated violations of the substantive or reporting requirements of the Regulatory"Agreement or a"failure by the Developer to take appropriate actions to cure a default under the Regulatory Agreement,the Project Administrator shall have the right to take appropriate enforcement action against the Developer, including,without limitation,legal action to compel the Developer to comply with the requirements of the Regulatory Agreement, The Regulatory"Agreement provides for payment by the Developer of fees and expenses,(including legal fees)of the Project Administrator in the event enforcement action is taken against the Developer thereunder and grants to the Project Administrator a lien on the Project,junior to the lien securing the Loan,to secure payment of such fees and expenses. The Project Administrator shall be entitled to seek recovery of its fees and expenses incurred in enforcing the Regulatory Agreement against the Developer and to assert a lien on the Project to secure payment by the Developer of such fees and expenses. 4. Term. The monitoring services are to be provided until the Project Administrator has made a determination as to whether the Limited Dividend Requirement has been met. -5. . Responsibility of Project Administrator. The Project Administrator shall not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. s 2 6. Successor Project Administrator, The Project Administrator shall have the right to appoint a successor to monitor compliance with the Limited Dividend Requirement for the remaining term of this Agreement. 7. Indemni . The Developer agrees to indemnify and hold harmless the Project Administrator and the Municipality against all damages,costs and liabilities,including reasonable attorney's fees, asserted against the Project Administrator or the Municipality by reason of its relationship.with the Project under this Agreement and not involving.the Project Administrator or the Municipality acting in bad faith and with gross negligence. S. Applicable Law. This Agreement,and the application or interpretation hereof, shall be governed by the laws of The Commonwealth of Massachusetts. 9. Binding A geeement. This Agreement shall be binding on the parties hereto,their heirs,executors,personal representatives,successors and assigns. 10. Headings. All paragraph headings in this Agreement are for the convenience of- reference only and are not intended to qualify the meaning of the paragraph. 11, _ Third-Party Beneficiaries. The Project Administrator,the holder of the mortgage securing the Loan(for so long as the Loan is outstanding)and the Municipality shall be entitled to enforce this Agreement and may rely on the benefits of this Agreement. 12. Entire A •e ement. This Agreement supersedes all prior agreements between the parties with respect to the limited dividend monitoring of the Project,whether oral or written, including without limitation, all correspondence between the parties and between counsel for their respective parties.This Agreement constitutes the sole and entire agreement between the parties hereto with respect to the subject transaction,and the rights,duties,and obligations of the parties with respect thereto. 13. Definitions. Any capitalized term used and not defined herein shall have the same meaning as set forth in the Regulatory Agreement. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be duly executed as of the date first written above. Settler's ding Realty Trust By: - ? OY.t v 2� N e, acques N.Morin itle: Trustee ' 3 MASSACITUSETTS HOUSING FINANCE AGENCY, as Project Administrator aforesaid . ina B.Dailey,Direc or of Comprehensive Permit Programs y . 4 AL I3661 � ek 25319 P"s81 i 03--15--2011 01 o 44 p i . 4 Prior Recorded Lienholder Consent 4nd Subordination With reference to those two certain mortgages one dated July 17,2009,from Jacques N, Morin,Trustee of Settlers Landing Realty Trust,et al(the"Owner")to CAPE COD COOPERATIVE BANK(the"Lender")recorded with the Barnstable County Registry of Deeds (the"Registry")in Book 23898,Page 195 and the other dated November 10,2010,from Jacques N. Morin,Trustee of Settlers Landing Realty Trust et al(the"Owner")to the Lender recorded with said Deeds in Book 24989,Page 199(collectively, the"Mortgage"),the Lender hereby consents to the recording with said Deeds that certain Regulatory Agreement for Comprehensive Permit Projects in Which Funding is Provided Through Other than a State Entity,dated as of February 4,2011 by and between the Owner and the Massachusetts Housing Finance Agency,a body politic and corporate organized under Chapter 708 of the Acts of 1966,as amended(the "Regulatory Agreement"). Lender agrees that the Mortgage Is hereby subordinated and subject to the Regulatory Agreement as if the Regulatory Agreement had been recorded first,and consents to the Regulatory Agreement and its terms and conditions. Executed under seal as of the 15'h day of March,2011. w , LENDER: CASE COD COOPERATIVE BANK f By: PETEK Q. SMITH,VICE PRESIDENT COMMONWEALTH OF MASSACHUSETTS Barnstable,ss,` On this 15"' day of March,2011 before me,the undersigned notary public,personally appeared PETER Q. SMITH,Vice President as aforesaid,who proved to me through satisfactory evidence of identification,which was my personal knowledge,to be the person whose name is signed on the preceding instrument and acknowledged the foregoing instrument io be his free act and deed, Bernard T, Kilroy Notary Public My commission expires:August 20, 015 Seal:' CONSTRUCTION MONITORING CERTIFICATION This CONSTRUCTION MONITORING CERTIFICATION (the "Certification" is made as of this day of October,;2010 by the Cape Cod Cooperative Bank (the "Construction Lender") with an. address of 25 Benjamin Franklin Way, Hyannis, MA 02601 'to the Massachusetts Housing Finance Agency (the "Subsidizing Agency")aacting as Subsidizing Agency as defined under the provisions of. 760 CMR 56.02 pursuant to Massachusetts General Laws Chapter 40B, Sections 20-23';(the "Act") and the regulations at 760 CMR 56.00 and the Comprehensive Permit Guidelines issued pursuant thereto (collectively, ' the "Comprehensive Permit Rules") with an address at . One Beacon Street, Boston, Massachusetts 02108. F RECITALS WHEREAS, Jacques N. Morin, Trustee of Settlers Landing Realty Trust, (the "Developer"} intends to construct a 20 unit housing development known as Settlers Landing I at a 5.61 acre site located off of Castlewood Circle, Hyannis, MA (the "Development");'and WHEREAS, the Development is being constructed in accordance with-the terms of a comprehensive permit (the "Comprehensive Permit") May 1, 2006 and issued by the Barnstable Zoning Board of. Appeals in ' accordance with the Act and is, therefore; subject to the requirements of . the Comprehensive'Permit Rules; and . WHEREAS, the Development includes five (5) units of housing affordable to low and moderate income tenants (the "Affordable Units"} and fifteen (15) units of housing to be sold at' the free market rate (the "Market Units"); and WHEREAS, the Development is being-financed with a loan from the. Construction' Lender (the "Loan") through the New England Fund Program of the-Federal Home Loan .Bank of Boston, which program provides the subsidy required to build under a Comprehensive Permit, as evidenced by a commitment letter to the Developer and Martha'M. Morin, Trustee of Settlers "Landing II Realty. Trust dated August 11, 2010, Revised August, 26,. 2010 - from the Construction Lender - (the "Commitment Letter"); and WHEREAS, the,. comprehensive, •Permit Rules' impose minimum construction` standards for the Development and the Affordable Units; and in order' to-,comply with the foregoing requirements of the Comprehensive Permit Rules, at the Developer's' request, ' 'the Construction Lender has agreed to the undertakings provided herein. t t NOW,THEREFORE, in consideration of the foregoing,and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Constuction Lender hereby agrees with(lie.Subsidizing Agency as follows;' 1. The Construction Lender aclatowledges flint the Comprehensive Permit Rules require that (i)flue final plans and specifications for the construction of the Development are consistent with the requirements of the Comprehensive Permit,(ii)the Affordable Units are not readily identifiable as such.(iii)the Affordable Units are reasonably interspersed throughout the Development,and blended into the Development so flint theyare an integral part of file overall design,(iv)in a phased development,a proportionate number of Affordable Units and Market Units be built in each phase, (v)the exteninl nppearance of the Affordable Units and Markin Units have a uunifonit quality,and(vi)the materials proposed to be used for the interiors of the Affordable Units are of good quality.Prior to commencement of construction, during, construction and upon Substantial Completion(as defined below),the Construction Lender shall , wake reasonable efforts to ensure compliance Avith(lie foregoing requirements and,upon request, shall provide to lire Subsidizing Agency evidence of snclu coruupliance which tray include a „ certification from the Construction Lender's construction monitor, the architect for the Development or the local zoning enforcement officer. "Substantial Completion"shall have occurred for purposes of this certification rvlreu the constnuction of fire Development is sufficiently complete so that all of the units may be occupied and ameiihies may be used for their intended purpose,except for designated punch list items And' seasonal work which does not interfere with the residential use of the Development. Substantial Completion of(lie Development is expected to occur_416 _months after commencement of construction. 2. Attached as Exhibit A is a description of the construction monitoring procedures used by file Construction Lender in connection with tuakhug advances under its residential construction loans.The Construction Lender agrees to use these procedures in monitoring construction of the Development.Upon request of the Subsidizing Agency,the Coinstruetion4Lender shall provide copies of inspection records for the Development. 3. The Construction Lender certifies that the Loan tins been or Will be made our terms substantially similar to those referenced in the Conunitment Letter. 4. The Construction Lender certifies flint at least 25%of the financing for Isle Development's construction costs will be provided through the New England Fund Program, Furthermore, the Construction Lender certifies that it shall not transfer its interest in the Loan (including participations or sale of servicing rights)or consent to a refinance of its interest in file . Loan during the entire tern of the Loan without dire prior written approval of the Subsidizing Agency if that transfer or consent would cause the Lender to be providing less titan 25%of the finaneing for the Developnment's.consituelioti costs through the New England Fund Program -(such written approval by the Subsidizing agency to be conditioned primarily oil the ter7us of the new financing and the maintenance of the 25%New England Fund ProRrom financing,and not to be unreasonably withlrekl). Regardless of any such transfer,the Constmetiou Lender shall { L retain sole responsibility for the Cotsteuetion Lender's undertakings to the Subsidizing Agcucy stated herein. This Certification is limited to the matters stated herein and no certification is implied or may be inferred beyond the matters expressly stated.This Certification is provided at the request of the Subsidizing Agency and may be relied upon only by the Subsidizing Agency in issuing its final Approval for the Development.No other person or entity may rely or claim reliance upon this Certification. I y EXECUTED under seal as of the date first written above, CAPE COD COOPERATIVE BANK, k By: An rew F. Eldridge, S nior Vice President Accepted: MASSACHUSETTS HOUSING FINANCE AGENCY, As Subsidizing Agency as aforesaid, G na B, Dailey, Director of Comprehensive Permit Programs f Y ' EXHIBIT A Description of Construction Lender's Construction Monitoring Procedures r - I Disbursement and Monitoring Procedures of Cape, Cod. Cooperative Bank (the ' 'Bank") Pro-Review-- The Bank, prior to a loan closing, will require a review of all Plans, Permits, Specifications and Approvals by an Independent engineer/consultant chosen by the Bank. Title Review , Prior to making advances under a construction loan, the Bank shall obtain a title rundown to ensure that no liens have been placed on the property since the origination of the Ban es mortgage. Borrower 1Requests -- it is the general policy of the Bank to advance moneys under construction loan agreements after work has been performed, Once a phase or a portion of a phase of construction activity has been,completed, the developer will submit a written request for funds to the Bank. This request will describe the work performed, detail costs incurred, and will be supported by. invoices when available. The request will be signed by the borrower before submission, Construction Site Inspection A physical inspection of the project and particularly the inspection" work associated with the draw request will be performed before any funds are authorized for disbursement, The Bank or its agent will inspect construction progress, compare it to the requested advance, and insure that the work as it relates to the requisition has been completed, Inspections will be performed by the Construction Inspection Officer of the Bank and/or designated officers with the Commercial Mortgage Review Department, or by an independent engineer/consultant, when required by the approving lending authority due, to the complexity of the project in accordance with all Plans, Permits, Specifications and Approvals issued for the subject project by any and all governing authorities. Construction Inspection Officers or' independent engineer/consultant must sign off on all requisitions and will prepare a written report on the status of the project with each requisition. The Construction Inspection Officers ' or independent engineer/consultant will document any concerns as part of the inspection report, A copy of all inspection reports will be filed in the construction file, subsequently loan file. i Bk .22482 Pg 183 #66386 DECLARATION OF PROTECTIVE COVENANTS FOR a "w 1,ERS LANDING•, VVFIEREAS, it is the intention of Jacques N. Morin, Trustee of SETTLERS LANDING REALTY TRUST I and Martha, M. Maui, Trustee of ,SETTLERS LANDING REALTY TRUrST III to create a.desirable residential neighbo hood in a natural wooded setting for the house lots in the subdivision;and to encourage the erection of attractive homes, properly designed; and to secure proper and pleasing site development and to-ensure a high quality of co miunity appearaace.. AND WBEREAS, the.plans-referred to herein below comprise -market rate homes"as well as a smaller percentage(20%&25%respectively)of"affordable homes" as required by both state law and by local ordinance, it is the intent to apply these covenants equally as written to both market rate and affordable homes except as odamwise herein.provided. ` THEREFORE,to protect and preserve natural beauty and scenic views and create a desirable residential community and to increase the value of said lots I through 20 on plan referred to below as Settlers Landing.I and of said lots 1 through 29 on plan rd4 reed to below, as Settlers Landing Realty Trust IL, hereinafter collectively refeerred to as "Settlers Landing', for the mutual enjoyment and privacy of all those presently owned and to be conveyed to the future(49)building lot owners, KNOW ALL MEN BY T.MM PRESENTS: That Jacques N. Morin,'Trustee of-SETTLERS LANDING REALTY TRUST I, and Martha K Morin,Trustee:of SET uks LANDING REALTY TRUST II,being the owners of certain real estate ia. Bamstable, Barnstable County, Massachusetts, beft known and designated as, "SETI LERS HANDING" do hereby make and declare said premises to be subject to the followingg covenants,restrictions and conditions hereinafter set forth, which are imposed for the benefit of theGrantorsi and their successors in title and which shall apply to all.of the (49) lots in said "SETTLERS LANDING REALTY TRUST I and SET'IL:ERS LANDING REALTY TRUST II", and shown on a plan entitled "SET IT.ERS LANDING I" .subdivision plan of land in (Hyannis) $amstable, Mass., prepared for SJETCms LANDwG Realty Trust; Jacques N. Morin, Trustee; Scale. 1" = IW 2004; by Down Cape Engineering, Inc; 939 Main:Street; Alt Route 6A,Yarmouth Porgy.Mass.,and rwwded in Plan Book _:Pages-&-and on a plan entitled "SETTLERS.LANDING W; subdivision,plan of land in (Hyannis) Barnstable, Mass., prepared for.SETTLBRS LANDING Realty Trust 11; Martha M. Morro, Trustee; Scale: I° I.W; 20044;by Down Gape Engineering,•Inc.; 939 Main Street, Rout>v 6A,Yarmouth.Port, Mass., and recorded in.Plan Book . Pages ,. 1.) No trade or business activity shall be catrW out:upon the granted premises. 2.) No commercial vehicie_shall be parked in the open ovemight. Bk .22482., Pg.184 #66386 3.) No animals of any kind shall be kept except household pets, but in any case limited to no more than two domestic dogs and/or cats. Nine shall constitute anuisance or be troublesome or objectionable to the occupants of'adjoining nearby properties. 4.) No building or shvcture shall be erected on any lot except one single family dwelling contidning no less than 1,1.00 square feet of habitable living space for a"ranch" style or_no less than 1,400 square feet of habitable living space for a "1 1/2 or 2" story house as specified in Iteaa #S. The Grantor reserves flee right to waive up to twelve pwxmt of said floor requirement if in the opinion of the Grantor said reduction results a mane functional and/or,aesthetically pleasing design for the intended lot 5.) No structure shall be constructed; built; erected or maintained within 20 feet of 4 rear lot line. Notwithstanding this_restriction, a tool or sun-age shed may be constructed within the rear yard 20 foot setback area so long as the same is set back 10 fact from the rear lot line, is of wood frame construction. only, is no Larger than 120 sgUAM feet, and is built is compliance with-all of the other, protective covenants; including but not limited.to Covenant 420_ For purposes of these restrictions a structure Slwll Include, but not be limited to a budding, dwelling, garage, automobile`port,. shed (other than a tool or storage shed,in compliance with this restric#iaoa) gazebo, pergola, arbor, swimming pool, fence, ammr«al shed or shelter, deck, platform, tennis court, platform tennis court,basketball court, concrete pad,wooden.pad, decorative at objects piaoed outside, solar parcel, satellite dish, exterior antenna and/or aerial of all types,. windnaill,outside heat pump,air conditioning unit;.or any other combination of materials assembled to form a structure. Notwithsmnding this provision,a fence may be placed tea foot from a rear lot line so long as the same has be=approved pursuant to Covenant#120 and so long as the interior and excitor of the fence are placed properly so that exterior surface faces the.rear lox line and flee interior surface faces file interior of the lot 6.) The exterior of all dwellings must be of a traditional or modified Cape Cod, Salt Box,Rauch,or Colonial design. 7.) All main roofs. shall have a minimum.9-inch per foot slope for Ranch and Colonial style homes and, except for dormers, an 11-inch per foot slope for Capes or Saltboxes. Materials shall be an architectural grade shin ter Siding shall consist of red cedar stained or painted_clapboa aunt,on the front elevation and white cedar shingles on the side and rear elevations. 8.back a minimum o constructed from the front.�t ��the dwelt i�ag,shall beset 1 yb g y lot shall twenty shall be constructed of. - materials similar to that of the dwelling 9.) All dwellings shall have an outside post light to the front of the properly within 15'of the front lot line and shall be-:an a stained or painted.white decorative post;type as specified by Gzantor. An alternate lighting or lighting location may be granted or required far lots abutting cut-de-sacs where, -in the opinion of the Trustee, such modification avoids a clustered appearance of light n& Except those mailboxes which are attached directly to tide residential dwelling, any mailbox installed on any dwelling site shall have the color white as the primary and predominant background color and shall Bk 22482 Pg 185• #66386 be placed upon a white sta ed or painted wooden post, type as specified by Grantor. a Plastic type newspaper boxes are prohibited on:any lot within"SET HERS LANDf NG". 10.) No live trees exceeding 6" in diameter at a point 2 feet above ground level shall be disturbed from their natural growth except as-may be nwAmsary for construction of the dwelling, site development, or proper grading to assure the desired degree of visual aesthetics There shall be a no clear zone for a dicta m of ten(10) feet fi-om the rear lot line of each lot in Seulms Landing. 1n the no clear zme them shall be no cutting of live trees. Only underbmsh may be cut.for mainteaaagw.pueposes. 11.) No residential dwelling ccnnst€ aed on any lot is to be occupied until the.exterior of the building is complete. Exterior of any building erected and landscaping and grading in cmitection therewith shall be completed within six-months after commencement of construction. A•ls.o, no house trailers may be brought onto nor maintained on any lot at any time; For the purpose of ma dwting and purity, the e Grantor may utilize an area within the development for the temporary use as an on-site sales trailer whit shall be removed after all lots are conveyed and which will be set back no further than 30 feet from a front lot line. All dwelling lots.within"SET11E S LANDII NG"shall be required to contain an uud%ground spriulder system and at mini azam shall cover grassed: areas from the fiont luxe of the home to die hoot property line and for the appearauce of continuity, shall be further placed, maintained and utilized by each respective property owner to irrigate those. grassed areas that extend from the front property line to the roadway. 12.) No signs.shall be permitted,on any lot except fora one sigp not over 1 and 112 square feet in area indicating the owners name and/or identifying his property: Property owners shall first check with local sign odes to ensure compliance. I3.) No rubbish or waste cans shall be,placed outdoors at any time. No boats of any kind shall be kept or stored outside upon the-premISM. No outdoor clotheslines or.drying yards shall be emoted, constructed, installed:or maintained upon or on the .premises_, While play of children is encouraged, any toys,bx'kes or similar play items shall not be } stored over night in tte open:as viewed,fromi the street: 14.) No metal buildings, trailers, or.temporary structures shall be erected. parlmd or maintained on the premise&for the purpose.of marketing and security, the Grantor may utilize an area within the development for the temporary use as an on site sales trailer which shall be removed after all lots are conveyed. 15. No noxious of offensive actin shall be carried out Upon any property.nor" anything be done thereon which may be or become an annoyance or nuisance to:the neighborhood 16.) The structures and grounds on any property shall be maintained in a neat and attractive mannear, lawns shaff not exceed three and a'half inches in height and the.entire property shall be kept flee of rubbish, debris or material of any kind which render the same unsanitary, unsightly, offensive,or detrimental to any property within SETTLERS. LANDING. Bk -22482 Pg 186 #66386 In the event of a default in the perfornazance of these provisions and if such.default Shall not have been cured within fourteen (14) days after written. notice thereof,' the Grantors, their successors and assigns, shall have the right to enter upon said grass and j vegetation; to remove dead trees, Awabs and plants; and to do all things necessary to place the propmty in a neat and orderly condition. The cost of any work so required shall' become due and payable by the property owner or owners to the Cxrantrors, their successors or assigns,immediately upon the completion.thereof. I 17.) The Grantors may delegate or assign any or all of their f*fs, powers and obligations under them restrictions to any person, corporation, association or agent, said assig nt to be in writing and duly recorded in the Barnstable County Registry of Deeds 18.) All electric wWng and telephone cables and other utilities within.the.subdivision shall be undmVuund- Any exterior.floodlighting must be non-glaring and subdued and must not be unreasonably objectionable to the occupants of adjacent properties. Alarm sysbms and any detached.electrical or mecbataical devices on the lot must not emit any noise to the exterior unless otherwise approved by the Grantor. r : { 19.) No living unit-may be leased for.periods of less than.six months each, anal no living unit may be leased for more than twice within a twelve(12) month period. The lessee and his family members and guests shall comply with and abide by.all the °a } PRO'ITCl1VE COVENANTS as they may apply,and in the event of failure to do so,the SET t tt fi LANDING RESIDENTS ASSOCIATION,INC. or its desigELated successor or asap shall have all legal rights#o enforce the same by injunction:or otherwise. �J 20) No shuctur e,whdhex deuce,:accessory building;os otiu im}uoveaonents shall be erects placed or maintained or used on the granted premises and no alfera'tim, demolition,addition,or remodeling or chwges to the:exxuxim of any building or stricture [i on such premises, shall be undertaken or made until complete plans and spec fic ations, drawn:in detail and to suitable scale by a pimfessional architect, engineer or landscape. designer, as may be required, showing the nature, kind, color..shape, extent, location, materials and other aspects"of.the project,shall have been submitted to,as the case may be, and approved by.Jacques N:..Mori% 'Trustee of SETTLERS LANDING REALTY TRUST I or Martha M.Morin,T'rusme of.SETI'UMS LANDING REALTY TRUST II` or their designated successor or assign. Such prior approval shall be required for any excavation, grading or cutting of live trees, and shall, further, be required for, bat not limited to, all improvements and features such as outside recreational equipment and/or .facilities, fences, walls, decks, platfionms, animal shelters, decmntive art objects placed outside,solar panels,satellite dishes,exterior-ant mnm and aerials of all types, windmills, outside beat.pump, and/or air conditicming wait; also, landscaping, planting lawn and J garden areas,driveways,parking areas,patios,,and play areas and outside clothes drying areas so long as such clothes .drying areas shall.be-screened from view. The above r Trustee(s) or their designated successor or assign,:shall have the sole right to refuse to approve all or any portion of such submitted plans and specifications which, in the Trustees opinion, call for things gs not suitable, appropriate or desirable for aesthet c or other reasons, tatting into consideration,. among other factors, the harmony to be 1 maintained within the imm[edift neighborhood and within the subdivision as a whole. y -Bk 22482 Pg 187 #66386 21_) Construction of improvements and'all landscaping on any lot shall be diligently prosecuted•and completed within.a tane.frame that has been and done in mP� � such a manner so as not to adversely affect.any other lot owner. The owner shall insure that dust and.noise during construction are limited by reasonable daylight hours and in no event prior to 7 A.M, A suitable rubbish contairiff and a portable tozlet shall.be provided during constructira periods and the work site is to be maaaudued in a clean and neat condition. 22.) A breach of any of the foregoing restrictions shall give to the Grantor,his successors or assigns,the usual legal and equibRe remedies to recnvea damages and to i enjoin violations and the right to enter upon any lot and abate and remove,at the expense of the party at faun;any erection of work that may be&ereia coutrery to the interest of these restrictions without being deemed guilty of any manner of trespass therefore. These protective covenants are intended to benefit not only the propmV owners within the subdivision known as"Settlers Landing I and Settlers Landing Ir but to benefit the abutters and smrrounding neighborhoods Accordingly,to the extent permitted.by law the Trustees of the Cobblestone.Landing Il Trust tinder a declaration of Trust dated.January 11., 1989 and recorded in the Barnstable County Registry of Deeds in Book 6592,Page 42 having a marking address of 50 Centerboard Lane,Hyannis,Mass.02601 dual in addition to the Grantors,their successors or assigns;be entitled to enf'orc:e the Covenant #5 and 10 by any legal'or equ#aMe_:means,including the:obtaining of injunctive relief or damages.. 23.) •By the acceptance of a deed to any property within SETTIMS LANDING,the Grantee iherem named, for himself; his heirs, executors, successors and. assigns, agrees to .become a member of 'SETTI BR3 LANDING RESII3BNTS ASSOCIATION, INC., and to pay ail annual assessment to o said Association, said assessment to be a proportion-of the actual amaual cost of the maintenance, operating expense, repair, m4 rovemeents, assessments,or other expenses incurred on any of the ways and common areas or other imiroveiments of SETTLERS LANDING, all as set - forth in the Bylaws of SETTLERS LANDING RBSIDENTS ASSOCIATION,INC. IN wrrmSS vm E€tEQF,We have hereunto set our hand and seal this tray of 2004. Jacques N.Morin,Trusties SETTLERS LANDING REALTY TRUST I • Martha K Moria,.Trustee - , Y, Bk 22482� Pg 188 #66386 SETTLERS LANDING REALTY-MUST II COMMON FA.LTH OF MASSACFIUSETTS Barnstable,ss. , - On this day of . 2004, before me, tine tmd' notary public,personally appeared Jacques N:Moan,Trustee of Settlers Landing ng Realty Trust I and Martha K Morin,Trustee of Settlers Landing.Realty Trust II, proved to me_ through satisfactory evidence of identification, which 'was a Massachusetts drivers license, to be those persons whose names are signed on the ping or attached document,and acknowledged tome that they signed it voluntarily as Trustees of Settlers . Landing Realty Trust n and Settlers Lauding Realty Trust IL for its stared purpose. Notary Public My commission expires: l Bk 2123y,3y{� V Ps r125, ' 4r£�ifi64 07-31-20106 O3 z s9p t Town of Bamstable—Planning Board _ 1+ 'Settlers Landing 11-PIAHD Special Permit Decision .RNS7AQLE WE TOWN 1: •�1 L-. Planning Board Town of Barnstable Decision and Notice Settlers Landing II (Subdivision 812) Special Permit Section 240-17.1 Private-Initiated Affordable Housing Development(PIAHD) Summary: Granted With C ditions Applicant: Settlers LandQ.Realty Trust Martha M. Morin, Trustee Property Address: Accessed through 310 Castlewood Circle, Hyannis, MA Assessor's Map/Parcel: Map 273, Parcels 122& 032 Zoning: Residential C-1, Groundwater Protection Overlay District Applicant's Request: Construction of 29 single-family dwellings on 7.75 acre portion of the .13.36 acre site`located off Castlewood Circle in Hyannis,,MA. Six(6) , of the units are to be dedicated as affordable units. Summary of GrantlDe'velopment Permitted: Creation and development of a 29 lot single-family subdivision pursuant to Section 240-17.1 -Private-Initiated Affordable Housing Development t� (PIAHD)on a 7.75-acre portion of the 13.36 acre site located off Castlewood Circle in Hyannis, t!Q MA. Access to the subdivision is from Castlewood Circle via a proposed roadway, Settlers Lane, through an approved Chapter 40B development site referred to as Settlers Landing I. All lots front and access on the proposed roadway, Settlers Lane. Six(6) of the proposed dwellings are to be + p dedicated in perpetuity as affordable units, sold to qualified households eaming less than 80% of the area median income and three (3)shall be priced not to exceed 76% of the area median income and three (3) shall be priced not to exceed 70% or the area median income which shall then conform with standards of Massachusetts Department of Housing and Community - Development. APPLICANT: The applicant is Martha M. Morin, Trustee of Settlers Landing Realty Trust ll. The address of the Trust is 1597 Falmouth Rood, Centerville, MA. 02632. The trust was created under a Declaration of Trust signed by the applicant and dated September 14, 2005. RELIEF REQUESTED: The applicant applied for issuance of a special permit pursuant to Section 240-17.1 -.Private- Initiated Affordable Housing Development(PIAHD)of the Code of the Town of Barnstable. Section 240-14 D(2)of the Code specifically authorizes the Planning Board to issue a.PIAHD special permit in the Residential C-1 Zoning District. In submitting that application for the Private-Initiated Affordable Housing Development special permit, the applicant has cited-.additional waivers requested from the Subdivision Rules and Regulations, specifically: • Section.801, Design Stands"r"ds, to reduce the right-of-way,from the required 50-feet to 40 feet wide, and to reduce the roadway centerline radius near,the intersections from the required 150 feet to 70-feet; � J FvI , v Bk 21233 Pg 126 #48606 Town of Barnstable—Planning Board 'Settlers Landing ll-PIAHD Special Permit Decision • Section 801-27C(4)to allow deep sump hooded catch basins in lieu of grass-lined swales; • Section 801-27 C(9)to allow for additional leaching pits in lieu of excavated storm water storage areas foi the 100 year storm event;' • Section 801-30 &47 to eliminate Cape Cod berms on the roadways; • Section 801-63 to waive fees for the affordable lots and to reduce fees for all other lots; and • Waiver of securities including bond, cash, and covenants. And, as provided for in Section 240-17.1 -PIAHD, the applicant also sought waivers from: Section 240-110 to 122 Growth Management • Section 240-17.1 Special permit fees, and • As amended on April 10, 2006, Section 240-17.1 D5 Bulk Regulations Minimum Lot Width for Lots numbers 34, 35, 36, and 37 as shown on the plan. The application cited an additional request for waiver from Section 9-1 through 9-16 of the Code of the Town of Barnstable. That section is the lnclusionary Affordable Housing provisions of the General Ordinances of the Town. The Private-Initiated Affordable Housing Development(PIAHD) satisfies those requirements, relief from that section is not necessary. LOCUS: The development is located on,the southern 7.75 acres of a vacant site. That site is that of a recently recorded open space subdivision of the 13.36-acre site located off Castlewood Circle in Hyannis, MA. The property now appears on the Assessor's Map 273 as Parcels 122-001 through 011, and 032-001, and is addressed as 3, 5,7, 17, 31, 49, 59, 71, 75, 79, 81, and 0 Settlers Landing, Hyannis, MA. The subdivision of the property was recorded June 12, 2000 at the Registry of Deeds in Plan Book 554, pages 31 and 32. The entire locus is zoned Residence C-1 and is within a GP-Groundwater Protection Overlay District. The norther 5.61acres of the site was the subject area of a recently approved Comprehensive Permit No.2000-85 issued by the Town of Barnstable Zoning Board of Appeals to Settlers Landing Realty Trust, Jacques N_ Morin,Trustee. That permit was issued upon a second remand of Appeal 2000-85 from the Housing Appeals Committee. DOCUMENTS AND OTHER INFORMATION SUBMITTED: The following information has been submitted to the file: 1. A copy of an application package of materials entitled "Settlers Landing 11 Application— S' Subdivision Approval &Special Permit.submitted by the applicant date-stamped October 13, 2005, at the Town of Barnstable Town Clerk's Office and including the following numbered items: • No. 1 -Project Narrative Statement entitled"Settlers Landing 11"; • No. 2--Form C—Subdivision Rules& Regulations—Application for Approval of a Definitive Plan; • No. 3—PI-AHD Special Permit Application; u 2 M1 ,F Sk 21233 Pg 127 #48606 f Town of Barnstable—Planning Board Settlers Landing II-PIAHD Special Permit Decision • No. 4—List of Requested Waivers-An-August 18, 2005 letter to the Planning Board from Daniel A Ojala, PLS, EIT, Down Cape Engineering, Inc., listing waiver request Settlers Lane; • No.5-Copy of Private Initiated Affordable Housing Development(PIADH)as approved by Town Council November 18,2004; • No. 6—Definitive Subdivision—a Reduced copy of a the proposed subdivision plan entitled "Schooner Village, (Subdivision#813) Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA prepared for Schooner Village Realty Trust",dated August 18, 2005, as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; • No. 7—Site Development Plan—Typical Home Landscaping Plan-An overall plan showing the proposed division of the entire site into a total of 29 dots and proposed location of the dwellings. An illustrated site plan is included as well as a plan entitled `°Typical Home Landscape Plan" illustrating typical landscaping to be installed on each developed lot; • No. 8-Architectural plans consisting of eight(8)sheets showing the proposed front elevations and floor plans of the dwellings to be built on the property. The Plans are identified as follows, Lexington 1, a.two-story,1625 sq.ft.,, three=bedroom, single-family dwelling • Lexington 11,a 1.5-story, 1966 sq.ft.,three-bedroom, single-family dwelling • Nantucket 1, a two-story, 1,665 sq.ft.,three-bedroom, single-family dwelling • Nantucket 11,a two-story, 1,606 sq.ft.three-bedroom, single-family dwelling • Vineyard (aka Chelmsford),a one-story, 1,248 sq.ft.,three-bedroom, single-family dwelling • Cranbrook, a one-story, 1,500 sq.ft. three-bedroom,single-family dwelling • Concord I a two-story, 1777 sq.ft. three-bedroom, single-family dwelling, and Concord 11 a two-story, 1980 sq.ft.three-bedroom,single-family dwelling No. 9-Copy of Settlers Landing 11, Specification for the Market Homes and Specifications for Affordable Homes; • No. 10- Home Distribution Plan—a table identifying the type of home to be developed on which lot in the subdivision', and those to be committed as affordable; • No. 11 —Proposed Phasing Plan; • No. 12—Copy of the-proposed Association Declaration of Protective Covenants; No. 13—Copy of Neighborhood Protective Covenant Agreement; No. 14—Copy of Neighborhood Project Performance Standards; No. 15—Copy of Neighborhood Landscape Screening Plan; • No. 16- Copy of Neighborhood Sewer Easement Landscape Plan; • No. 17- Copy of Declaration of trust Establishing Settlers Landing 11 Realty Trust; • No. 18- Copy of the Environmental Analysis Form; • No. 19- Copy of the LIP Alternative Development Plans; • No. 20- Copy of the Regulatory Agreement; and • No. 21 - Copy of the Deed Rider for Ownership Project. 3 Bk :21233 Pg 128 #48606 Town of Barnstable—Planning Board 'Settlers Landing 11-PIAHD Special Permit Decision 1 2. A copy of a seven (7)sheet set of plans entitled "Settlers Landing, (Subdivision#812) Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA prepared for Settlers Landing 11 Realty Trust", dated August 18, 2005, as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; - 3. A copy of an October 28, 2005, Staff Report' General Background with Respect to'PIAHD, inclusive of attachments; 4. A November 14, 2005 letter from Laura Schufelt, Chairman Barnstable Housing Committee to Planning Board Chairman David Munsell;providing a preliminary review and including an attachment calculating that the sales price of the affordable units should be$142,644 based upon being priced to be affordable at 70% income level of the Barnstable/Yarmouth MSA; 5. A November 23; 2005 Memorandum to the Panning Board from Stephan Seymour P.E., Growth Management Department providing.definitive Plan Comments; 6. A letter dated November 15, 2005 from Hans Keijser, Interim Supervisor,Water Supply Division, Town of Barnstable Department of Public Works providing basic standards for water supply; 7. A copy of a January 06,2006 letter to Daniel A: Ojala Down Cape Engineering from Robert Burgmann, Town Engineer with regard to the sewer easement; h PROCEDURAL SUMMARY: This application was filed at the Town Clerk's Office and at the Office of the Planning Board,on October 13. 2005. A public hearing before the Planning Board was duly advertised in the Cape Cod Times on October 31, 2005 and again on-November 7, 2005 and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened November 14, 2005 and continued to November 28,2005; December 12, 2005;`January 6, 2006; January 23, 2006; February 6, 2006; February 27, 2006; March 13,2006;April 10,2006; April 24, 2006; and May 8, 2006 at which time the Planning Board found to grant the Special Permit subject to conditions. Board Members hearing and deciding this application were: Chairman David Munsell;Vice- Chairman Felecia Penn; A. Roy Fogelgren, Clerk, Raymond Lang, Marlene Weir, Steve`Shuman , and Patrick Princi. Attorney Michael D. Ford represented the applicant through-out the public hearing process. Trustee Martha M. Morin was represented by Jacques N. Morin who was present through-out as was the project engineer,�Daniel'Ojala of Down Cape Engineering, Inc., Yarmouthport, MA. FINDINGS OF FACT: At the May 8, 2006 conclusion of the public hearing,the Planning Board voted to find the following findings of fact with regard to the Settlers Landing 11 P1AHD special permit request: 4 Bk 21233 Pg 129 #48606 Town of Barnstable—Planning Board =} , Settlers Landing 11-PIAHD Special Permit Decision , 1. On November 18, 2004, Barnstable Town Council amended Section 240-14 of the Zoning Ordinance providing for a Private Initiated Affordable Housing Development(PIAHD) pursuant to Section 240-17.1 and subject to a Special Permit from the Planning Board; 2. On October 13, 2005, Martha M. Morin, as Trustee of Settlers Landing Realty Trust 11, Trustee submitted an application to the Planning Board Office for a PIAHD Special Permit for the proposed development"Settlers Landing Il". The application proposes the development of 29 single-family dwellings on a 29 lot subdivision located on a 7.75-acre portion of the 13.36 acre site located off Castlewood Circle in Hyannis. Access to the,- subdivision is from Castlewood Circle via a proposed roadway Settlers Lane through an approved Chapter 40B development site referred to as Settlers Landing I. Six(6)of the dwellings are to be dedicated in perpetuity to affordable units, sold to qualified households . earning less than 80% of the area median income;. _ s 3. A definitive Subdivision Plan#812 was also submitted with the application. That definitive plan was submitted without the benefit of a preliminary subdivision plan having been presentation and review. ' 4. The locus as noted is the southern 7.75 acres of a 13.36 acre vacant site. The site is that of a recently recorded open space subdivision of the 13.36-acre site located off Castlewood Circle in Hyannis, MA. The property now appears on the Assessor's Map 273 as Parcels 122-001 through 011, and 032-001, and is addressed as 3, 5, 7; 17, 31, 49, 59, 71, 75, 79, 81, and 0 Settlers Landing, Hyannis, MA. The subdivision of the property was recorded June 12, 2000 at the Barnstable Registry of Deeds in Plan Book 554, pages 31 and 32. As recorded in the Barnstable Registry of Deeds in Book 10160, page 229, title to the larger 13.14 acres of the site is held by.Martha M. Morin. 5. Section 240-17.1 D of the PIAHD cites standards that must be met in order to be eligible for consideration for the special permit. The locus is entirely zoned Residential C-1 and + contains the minimum seven acres of contiguous upland. Plans for the development have been submitted that • proposes connecting all the dwellings to public water and to the municipal wastewater treatment facility; • shows the creation of 29 dots conforming to the minimum bulk regulation for the PIAHD; • illustrates that the proposed dwellings can be located on the lots in conformity to the required setbacks; and , • provides a minimum of two on-site parking spaces for each lot. Plans for the development comply with applicable standards of the Planning Board's Subdivision Rules and Regulations, except.as requested to be waivedby the applicant. The applicant meets those minimum standards to be eligible for the grant of a special permit; 5 I Bk 21233 Pg 130 #48606 Town of Barnstable—Planning Board ' + 'Sealers Landing tl-PIAHD Special Permit Decision 6. The applicant has designated six (6)of the proposed twenty nine (29)dwellings to be committed to affordability in perpetuity in compliance with the PIAHD minimum requirement that 20%of the dwelling units be affordable units. The affordable units are not segregated within the subdivision and satisfy the design and construction standards and guidelines of the Local Initiative Program, 760 CMR 45.00,with regard to distinguishability from market rate units; 7. A proposed deed rider and a proposed monitoring agreement for the affordable units have been drafted in compliance with 760 CMR 45.00 Local Initiative Program (LIP)and guidelines promulgated there under,and submitted with the application. Those documents: • assure the affordable restriction will survive any and all foreclosures; • provide for continuing enforcement of the deed rider in subsequent resale of the affordable units; • conform to the standards of the Department of Housing and Community Development (DHCD)for inclusion in the DHCD Subsidized Housing Inventory; and • provide a right of first refusal upon the transfer of any affordable unit to the Town or its designee for a period of not less than 120 days; 8.- A Local Initiative Program (LIP)application for the development was submitted to the Department of Housing and Community Development(DHCD). On January 23, 2006 a - letter from Marilyn Contreras, Senior Program and Policy Analyst at DHCD, was received and entered into the file. That letter, issued as a site approval/project eligibility letter,, qualifies the six(6)affordable units as being eligible for inclusion in the Affordable Housing Inventory under 760 CMR 45.00, only upon clarification by the Town that the deed rider would also be applicable to Settlers Landing I1: 9. The applicant has submitted a phasing plan in the application as provided for in Section 240-17.1D7. That plan had lumped together this proposed development along with a second 29-unit proposed PIAHD "Schooner Village"and a third 20-unit proposed comprehensive permit applicafion"Settlers Landing 1". The applicant's phasing plan requests an annual of 25 building permits during years 2006, 2007 and 2008 and 3 building permits in year 2009. The Planning Board's role with regard to the 20-unit"Settlers Landing I°comprehensive permit application is advisory only to the Zoning Board of Appeals. Staff has recommended that for monitoring purposes each of the PIAHD developments be issued their own phasing plans and not lumped together. Buildout of Schooner Village requires the issuance of twenty three (23) market rate and six(6) affordable rate building permits. Section 240-17.1 E7 of the PIAHD requires the building and occupancy permit be issued at the rate of one affordable unit for every four market rate units. Growth Management provisions Section 240-110 through 122 now limits the number of Market Rate building permits to an annual total of 96 permits. In the case of Affordable rate { permits'139 unused permits have accumulated and if necessary affordable rate permits can 6 Bk 21233 Pg 131 #48606 Town of Barnstable—Planning Board ., 'Settlers Landing H-PIAHD Special Permit Decision be advanced from future years. Only the markettrate permits need be committed in the Phasing Plan; 10. The Barnstable Housing Committee has reviewed the materials submitted and comments were received from them on November.14, 2005 expressing concern for the pricing of the affordable units, garages and visitability standards for some of the units. The Barnstable Housing Committee and the applicant recommended to the'Planning Board that three(3)of the affordable units be sale priced at 766)o of the area median income and that three(3) be priced at 70%of the area median income. Mass Housing and the Town have always maintained that the sales prices of the affordable units be based upon the assumption that the buyers have a maximum household income of 70%of the HUD area median income. The Local Initiative Program Project eligibility letter cites that less than 80% would be required; 11. In summary,the proposed PI-AHD with conditions to be imposed herein will: • Comply with all applicable Subdivision Rules and Regulations,the Zoning Ordinance and the requirements of PIAHD.Section240-17.1 except as they are to be waived by the Board; • Provide six(6)affordable units in perpetuity and consistent with the requirements of the PIAHD; • And,will not cause substantial detriment to'the neighborhood as the proposed development shall be that of single-family dwellings on individual lots at a density of development similar to that of the existing neighborhood. In addition, all units shall be connected to municipal wastewater treatment. DECISION: ` Based upon the findings a motion was duly made and seconded to grant the special permit subject to the following conditions and restrictions: 1. This special permit is issued for 29 dots in Subdivision#812-"Settlers Landing Il"and for the development of 29 single-family dwellings within the subdivision. Six(6)of the 29 dwellings shall be dedicated in perpetuity as affordable dwelling units reserved for ownership in accordance with paragraph 6 below. This permit is issued in accordance with and subject to all requirements of Section 240-17.1, Private-Initiated Affordable Housing Development(PIAHD) of the Code of the Town of Barnstable (a copy of which is attached and made a part of this, decision). Subdivision Plan#812 shall only be implemented as authorized herein and all rights. in that subdivision are subject to,full compliance with the terms and restrictions of this decision;.- 7 Bk 21233 Pg 132 #48606 Town of Barnstable—Planning Board , +Settlers Landing Il-PIAM Special Permit Recision 2. The development shall be constructed in accordance to plans submitted' consisting of 11- sheets cited hereafter with the exception they shall be modified as conditioned herein: The plans submitted are: • A Subdivision Plan entitled "Settlers Landing 11 (Subdivision#812) Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA prepared for Settlers Landing 11 Realty Trust"dated August 18, 2005,as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; • A plan consisting of a single sheet illustrating the proposed location of the dwellings on the subdivision lots entitled"Settlers Landing,Site Development Plan in Barnstable(Hyannis), MA prepared for Settlers Landing II Realty Trust",dated August 18, 2005 as drawn by Down Cape Engineering, Inc.,with changes, if any, in the location of affordable/market units to be noted on the site plan required to be submitted with the building permit. application, a copy of such plan shall be submitted to the Planning Board Office; • A prototypical landscaping plan consisting of 1 Sheet entitled "Settler Landing I &-11 Site Development Plan Supplement Typical Home Landscape Plan in Barnstable (Hyannis), MA,"dated August 18, 2005,as drawn by Down Cape Engineering, Inc.; • A Geographic.Coordinates Plan of the Subdivision denoted as Sheets B and entitled "Settlers Landing 11 (Subdivision#812) Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA prepared for Settlers Landing II Realty Trust", dated August 18, 2005, as drawn by Down Cape Engineering, Inc.;Civil Engineers/Land Surveyors; • A Utility Plan entitled"Settlers Landing lI (Subdivision#812)'Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA prepared for Settlers Landing II Realty Trust", dated August 18, 2005, to be revised to depict the relocation of drainage structures,as shown on detailed sketched plans, all details as submitted on May 8, 2006 and as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; and • A set of 3 sheets entitled "Profile Plan for Settlers Landing II a Residential Community on Land in (Hyannis) Barnstable, MA prepared for Schooner Village Realty Trust"dated August 18,2005, to be revised,to depict,the relocation of drainage structures as shown on detailed sketched plans, all details as submitted on May 8, 2006 and as drawn by Down Cape Engineering, Inc., Civil Engineers/Land Surveyors; ' .. The Zoning Board requires streetlights be provided at the entrance to the subdivision and at the two dead end cul-de-sacs. i Bk 21233 Pg 133 #48606 Town of Barnstable—Planning Board 'Settlers Landing 11-PIAHD Special Permit Decision 3. With respect to garages, fifteen (15)of the market rate units may have garages. Upon the construction of a sixteenth (16)garage on a market rate unit, and each subsequent garage constructed on a market rate unit thereafter shall create a requirement for the applicant to construct a garage for an affordable unit. If all market rate units have garages, then all affordable rate units shall have garages. --Each lot upon which an affordable dwelling is to be located shall have the dwelling footprint placed upon the lot to accommodate expansion of the dwelling. Prior to the issuance of the first occupancy permit for the last market rate unit in the development, the Building'Commissioner shall determine whether the ratio of market rate units - with garages and affordable units with garages complies with the first two sentences of this paragraph. If the Building Commissioner finds non-compliance, prior to the 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. The obligation of the Applicant under this paragraph shall cease to exist upon the issuance of the last market rate unit, unless the number of garages does not comply with the conditions contained herein. 4. Revised plans shall be submitted to the Planning Board Office for review prior to endorsement. No site clearing or grading shall occur until the Planning Board has endorsed the plans; t 5.- In accordance with the site approval/project eligibility letter issued January 23, 2006 for Settlers Landing 1, the Town and Applicant shall provide the clarification requested concerning the deed rider applicable to Settlers Landing Il.. This requirement shall be competed prior to the Planning Board's endorsement of the plans. 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; 6. In conformance with the PIAHD regulations;as'defined in Section 240-17.1 B,the applicant, shall reserve in perpetuity 6 of the 29 dwellings (20%of the development)for ownership by a r household earning less than 80%of area median income as follows: The affordable units shall be priced to conform with the standards of the Massachusetts Department of Housing and r - Community Development(DHCD)for ownership units set forth in 760 CMR 45.03(4). Three (3) of the affordable units be sale priced at 76% of the median area income;�and the other 3 affordable units priced at 70%of the median area income; _ g Bk 21233 Pg 134 #48606 Town of Barnstable--Planning Board ' ' +Settlers Landing Q-PIAHD Special Permit Decision 7. All affordable units shall be restricted by a recorded deed rider and a monitoring agreement in compliance with 760 CMR 45.00 Local Initiative Program (LIP)and guidelines promulgated there under. The documents shall provide for all of the following: • That the affordable restriction will survive any and all foreclosures; " • The continuing enforcement of the deed rider in subsequent resale of the affordable units; • Full conformity to the standards of the Department of Housing and Community Development(DHCD)for inclusion in the DHCD Subsidized Housing Inventory; • And, provide aright of first refusal upon the transfer of any affordable unit to the Town or its designee for a period of not less than 120 days;and • Item 0)of the draft deed rider submitted to the file shall be modified to reflect the required minimum of 120-day right of first refusal cited above. 8. The final deed rider shall be consistent with paragraph 7 above and shall be submitted for , review and approval of the Town Attorney's Office prior to the issuance of a certificate of occupancy for any dwelling unit. The approved deed rider shall be filed at the Registry of Deeds at the time of the first closing on the unit; 9. The applicant shall utilize the Housing Assistance Corporation's Cape Home Ownership Center (CHOC)or other agency as acceptable to the Town Attorney's Office 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,preference shall be given to persons currently living and/or employed within the Town of Barnstable. The final monitoring agreement shall be submitted for review and approval of the Town Attorney's Office. The approved monitoring agreement.shall be filed at the Registry of Deeds prior to the issuance of any building permit. All costs associated with monitoring for consistency with the regulator agreement shall be borne by the Applicant; 10.The dwellings to be developed,within the subdivision shall be substantially in conformance to plans submitted to the Board and contained within the application,identified as: • Lexington I, a two-story,1625 sq.ft., three-bedroom, single-family dwelling, 0 Lexington 11, a 1.5-story, 1966 sq.ft., three-bedroom, single-family dwelling; • Nantucket I, a two-story, 1,665 sq.ft., thl=ee-bedroom, single-family dwelling; • Nantucket 11,a two-story, 1,606 sq.ft. three-bedroom,single-family dwelling; • Vineyard (aka Chelmsford), a one-story, 1,248 sq.ft.,three-bedroom, single-family dwelling; • Cranbrook, a one-story,.1,500 sq.ft.three-bedroom, single-family dwelling; • Concord 1 a two-story, 1777 sq.ft. three-bedroom,single-family dwelling;and • Concord 11 a two-story, 1980 sq.f.'three-bedroom, single-family dwelling. .10 I ` Bk 21233 Pg 135 #48606 I` Town of Barnstable—Planning Board ' Settlers Landing 11-PIAHD Special Permit Decision The footprint of any dwelling unit may be expanded by up to 290 square feet.but said 290 square feet shall be limited to a single story.2 11.All dwellings shall have at minimum 1.5 bathrooms and developed to the specification or better submitted as Attachment 9 of the application entitled "Specification for the Market Homes"and "Specifications for Affordable Homes". All construction shall conform to all applicable Building codes and all applicable fire and health.requirements, including the following: • All 6 of the affordable rate units shall be in compliance with visitability as that term is defined below: Homes shall have 2 foot 8 inch door frames on all first floor interior door frames except closets, including 1s'floor bathroom door-frames. In addition, all homes shall provide an exterior exit door of 36 inches leading to a wood platform with stairs. The top of the platform shall be placed directly under and abutting the bottom of that exterior door threshold; • 23 market rate units shall conform to the requirements above with the exception,of-the platform door way; 12. Of the six(6) affordable units,three(3) shall be of the Nantucket I plan—2-story, 1,665 sq.ft. three-bedroom single-family dwelling and three.(3)of the Vineyard (aka Chelmsford) plan- one-story, 1,248 sq.ft., three-bedroom, single-family dwelling. The affordable units shall be located on Lot Numbers 22, 27, 33, 37,42, and 46 as labeled on the subdivision plans referenced. Exterior finishing, landscaping and facilities including irrigation systems if installed shall be provided to each ch of the dwellings equally regardless of the unit being market rate or 9 g affordable rate consistent with documents submitted as part of this application; - 13. Section 240-17.1 of the PIAHD allows the applicant as part of the application for subdivision approval, to propose a phasing plan identifying the number of building permits requested to be issued in each year of the phasing plan_ The PIAHD regulations also require the affordable units shall be constructed and occupancy permits issued at the rate of one affordable unit for every four market rate units. Settlers:Landing 11 requires 23 market rate permits and six(6) affordable rate permits for.buildout. As noted,in the findirfgs, only the market rate permits need to be reserved for the buildout of the development as it is anticipated that the required affordable permits will be available. to any subsequent year the applicant shall be Y Pp permitted to - apply for and be issued, if available, those permits reserved but'not used in the previous year? z The Planning Board should note that the Zoning Board of Appeals in issuing the Comprehensive Permit for Settles Landing I did not grant this 290 sq.$.as-of-right option for an addition to every,building. Instead the - Zoning Board delegated to staff that any alterations,expansion or changes from the approved architectural' plans would have to be approved by staff individually. Copies of such change in the plan would then be transmitted to the Board Members. If staff should refuse such approval,the applicant would have available the option of presenting the change to the Board through the modification process prescribed in 760 CMR 3 This right was not granted in the Comprehensive Permit issued for Settles Landing I. 11 IT Bk 21233 Pg 136 #48606 Town of Barnstable—Planning Board Settlers Landing 11-PIAHD Special Permit Decision For Settlers Landing 11 PIAHD, the Board grants a phasing plan for the years 2006 to 2009 as follows: • In 2006, the maximum number of market rate permits issued shall not exceed 5. This commitment of 5 market rate permits js made, subject to the PIAHD regulations that 5 market rate permits are available to be issued at the time of the granting of the special permit, that date being the date of recording of this written decision at the Clerk's Office; • In 2007, the maximum number of market rate permits issued shall not exceed 10; and In 2008, the maximum number of market rate permits issued shall not exceed 10; • In 2009, the maximum number of market rate permits issued shall not exceed 4; • After 2010 there shall be no commitment to phasing and any permits issued thereafter shall be in full conformance with Section 240-110 through 122 Growth Management Provision of the Code; Every permit allocated in the phasing plan shall be included as part of the yearly building permit allocations under§240-114A and B.There shall be no extension of a building permit granted under a phasing plan, and any unused and/or expired permits shall be credited back as part of the adjustments under§ 240-114D for the next calendar year; 14.Application for Building Permits shall complywith all requirements of the Building Division 15. No building permit shall be issued until copies of all of the following have been submitted to the Building Division: Y • all applicable permits and approvals for connection to the municipal wastewater treatment facility and for connection to the public water supply have beenA issued, including submission of a copy of the recorded sewer easement that links the proposed sewer system into Day Brake Lane, and; • A copy of the fully executed Regulatory Agreement and Monitoring Service Agreement as approved by the Town Attorney's Office and consistent with the terms on this permit as recorded, and; 16. No building permit shall be issued until the roadway and utilities are installed to the satisfaction of the Building Commissioners for access and fire protection to the lot to be developed; 17.The Applicant shall use all Treasonable means to minimize inconvenience to the residents in the D . 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 any Sunday; 4 The Zoning Board added"upon consultation with the Department of Public Works and the Hyannis Fire Department'. 12 r Bk 21233 • Pg 137 #48606 B• Town of Barnstable—Planning Board ' Settlers Landing 11-PIAHD Special Permit Decision 18. No occupancy permits shall be issued until the dwelling unit is connected to all'utilities.located underground, including electric, gas, public water and town sewers;,.'_ 19.This Decision and the references Subdivision Plan#812 shall be recorded at the Barnstable.: County Registry of Deeds. Prior to the commencerrlent of construction, the Applicant shall provide the Planning Board and the Building Commissioner's Offices with documentation' attesting to the recording of the Plan and"Decision with all recording information thereon; 20. From the date of issuance of the first building permit for the site,the applicant shall have up to four(4)years to complete the development of the site and obtain occupancy permits for all six, affordable units. However,the applicant upon good faith showing may request a`modification _ of this condition. This permit is granted to Martha M. Morin, Trustee of Settlers Landing il°` r Realty Trust and shall not be transferable to any other corporation, person or-entity,"nor the beneficiary of the trust changed without the prior written approval of the Board, except that it may be transferred, conveyed and or changed only to,or.,between Jacques N.Monri;and Martha M. Morin without permission from the Board;, 21.The following waivers from the Subdivision Rules and Regulations are granted • Section 801, Design Standards,to reduce the right of-way from 80-feet to 40-feet wide; • Section 801-27C(4)-to allow deep sump hooded catch basins in lieu of grass-lined swales • Section 801-27 C(9)to allow for additional leaching pits in:lieu of excavated storm water storage areas for the-100 year storm event; and ; • with respect to road inspections fees for Settlers I and 11, allow an:initial deposit in the'amount of$5000.00 with.the Town of Bamstable* Io cover-the costs-of Subdivision Road Inspections:,: The balance to be returned to the applicant upon final inspection and said balance to be refreshed when depleted in an amount to cover expected further inspections;,. • No other waivers are granted'.or implied; { • Section 801-30 147 only to the extent thaf`curbing shall not be required,'however Cape,Cod x berms shall be installed on all roadways along,with sidewalks as shown on referenced plans; • ,.Section 801-63 C)4—to allow for the calculation of the securities to be based upon a linear' j footage rather than based upon the number of lots. a . s With respect to the security fees,'the Zoning Board.of Appeals did`allow,for.the calculation of the securities., to be based upon a linear footage rather that based upon the number of lots,and further cited:6at no waiver is granted to applicable securities. - 13 Bk 21233 Pg 138 #48606 ' Town of Barnstable—Planning Board f Settlers Landing U-PIAHD Special Permit Decision The Vote was as follows: Aye: David Munsell, Felicia Penn,A. Roy Fogelgren, Raymond Lang, Steve Shuman Nay: None ORDERED: A PIAHD Special Permit has been granted with conditions for the development of Settlers Landing 11. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. The applicant has that same right to appeal this decision as per Item 10 of the November 18, 2004, Stipulation of Settlement and Stay. David Munsell, 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 Planning Board filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this��—day o O0 under the pains and pena.�l�* perjury. Linda Hutchenrider,Town Clerk Y,, /fl AN la '•••� BARNSTABLE REGISTRY OF DEEDS . 14 11!1ill 9s." �`V`,b� C rn rehensive Permit _ i i U4 r . �' v Table Of Contents 1. Project Narrative- Settler's Landing 2. MHFA-Letter of Eligibility 3. List of Requested Waivers 4. Letter of Remand(HAC) 5. Subdivision Plan of Lots(Reduced 11 x 17)-Includes Settlers 11 6. Site Development Plan-Typical Home Landscape Plan 7. Architectural Home Renderings and Floor Plan Layouts 8. Home Specifications for Market and Affordable Homes 9. Home Distribution Plan(Affordable Units) 10. Phasing Plan 11. Association Declaration of Protective Covenants 12. Neighborhood-Protective Covenant Agreement 13. Neighborhood-Project Performance Standards 14. Neighborhood-Landscape Screening Plan 15. Neighborhood- Sewer Easement Landscape Plan 16. Declaration of Trust Establishing Settlers Landing Realty Trust 17. PI-AHD Zoning Legislation 18. Project Pro-forma ` 19. LIP -Alternative Development Plans 20. Deed Rider 21. Monitoring Agreement eement 22. Regulatory Agreement r y l�. Settlers Landing I The project is comprised of 20 single family houses on 20 individual lots with lots ranging in size from 8,725 sq. ft. (.20 acre) to 11,607 sq. ft. (.27 acre) in size. The total project locus is 13.36 acres. The grant of the comprehensive permit would result in the subdivision of the 13.36 acre parcel with 20 lots under this comprehensive permit on the northerly portion on 5.61 acres and a 7.75 acre remainder parcel shown as Parcel B on the southerly portion of the lot. With the remainder parcel of 7.75 acres the Applicant will be applying to the Town of Barnstable Planning Board for a 29 lot Chapter 40A subdivision approval and a Special Permit under the PI-AHD bylaw adopted by the Barnstable Town Council on November 8, 2004. The adoption of the bylaw was a direct result of the lengthy mediation process between the Applicant, the Barnstable Zoning Board of Appeals, the Housing Committee, and neighbors that was initiated to resolve appeals from the Applicant's Comprehensive Permit application for this locus and the adjoining locus. The PI-AHD bylaw was created as an incentive to a developer to build housing at a density higher than is otherwise allowed in the zoning district providing that 20% of the units are affordable. All homes have 3 bedrooms and will have at least 1 '/2 bathrooms. To provide architectural character and diversity, there are 8 different house designs, of which 6 are Cape style and 2 are ranch style. The homes will be consistent in design to the homes being proposed for the 29 lot subdivision on the site of the 7.75 acre remainder parcel. Applicable guidelines on affordability of units are to be determined. Five (5) of the homes will be "affordable units" defined as follows: "A dwelling unit reserved in perpetuity for ownership by a household earning less than 80% of area median family income, and priced to conform with the standards of the Massachusetts Department of Housing and Community Development (DHCD) for ownership units set for the in 760 CMR 45.03(4), in order that such Affordable units shall be included in the DHCD Subsidized Housing Inventory." Of the affordable units, 2 will be ranch style and 3 will be Cape style. The Applicant is proposing to limit the number of market rate houses that will have garages to ten (10), a similar ratio to the adjoining 29 lot subdivision being proposed as an alternative development plan. The Applicant further proposes that for each market house above 10 that has a garage, there will be an equal number of affordable houses with a garage (i.e., if all 15 market houses have garages, then all 5 affordable houses will have garages.) All houses will be connected to the municipal sewer system and to the municipal water supply. As stated above, there was a lengthy and successful mediation process which entailed numerous meetings between the Applicant, the Barnstable Zoning Board of Appeals, the Housing Committee, and the neighbors and which culminated in the adoption of the PI-AHD bylaw by the Town Council and which further required the ongoing comprehensive permit application to be remanded back to the Zoning board of Appeals for the approval of a modified plan. The materials submitted with this package resulted from the settlement agreement made between the parties herein and is intended to fully comport with the mediated settlement agreement. I h 2 l+ MASSI$OUSING Massachusetts Housing Finance Agency One Beacon Street,Boston,MA 02108 TEL:617.854.1000 I FAX:617.854.1029 T00:617.854.1025 www.massh0u5ing.c0m November 14, 2005 Jacques N. Morin Settlers Landing Realty Trust I 1597 Falmouth Road, Suite 4 Centerville, MA 020632 Re: Settlers Landing Realty Trust I Barnstable(Hyannis), MA PE-30"A" Project Eligibility(Site Approval) Application(AMENDED) Dear Mr. Morin: This letter is in response to your application for an amended determination of Project Eligibility (Site Approval) pursuant to Massachusetts General Laws Chapter 40B and 760 CMR 30-31 (the "Comprehensive Permit Rules") under the following programs (collectively, the"Programs"): • Housing Starts Program of the Massachusetts Housing Finance Agency("MassHousing") • New England Fund Program ("NEF") of the Federal Home Loan Bank of Boston On August 6, 2002, MassHousing issued a determination of Project Eligibility(the "Original Site• Approval") for the construction of 168 condominiums to be located on approximately 13.3 acres off Castlewood Circle (the "Site") in Barnstable (the "Municipality"). On April 16, 2003, the zoning board of appeals of the Municipality (the "Board") issued a comprehensive permit decision reducing the number of units to 44 units and imposing other conditions, and the applicant appealed the decision to the Housing Appeals Committee. On November 18, 2004, the parties entered into a Stipulation of Settlement(the "Settlement") , under which the Board agreed to consider a new project consisting of 20 single-family detached homes on a portion of the Site. Accordingly, the applicant has'requested an amendment of the Original Site Approval in order for the Board to proceed under the Settlement. The current proposal is to build 20 single-family homeownership units (no age restriction) (the "Project'.') on approximately 5.5 acre(s) of land located on a portion of the Site. This letter is intended to be a written determination of.Project Eligibility (Site Approval) in accordance with the Comprehensive Permit Rules, establishing fundability by a subsidizing agency under a low- and moderate-income housing subsidy program. To the extent that Project t Page 2 Settlers Landing 4� Barnstable,MA PE-30 "A" funding is provided by a non-governmental entity (NEF), this letter is also intended to be a determination of Project Eligibility (Site Approval) by a Project Administrator (MassHousing) under the Guidelines for Housing Programs in Which Funding is Provided Through a Non- Governmental Entity issued by the Department of Housing and Community Development on February 14, 2003 (the"Guidelines"). MassHousing staff performed an on-site inspection of the Site in connection with the Original Site Approval and reviewed the Settlement and other pertinent information for the Project submitted by the applicant, the Municipality and others in accordance with the Comprehensive Permit Rules and the Guidelines. As a result of our review, we have made the following findings: (1) the proposed housing design and land use plan are generally appropriate for the Site and Site location; (2) the proposed Project appears financially feasible within the housing market in which it will be situated (based on comparable sales figures); (3) an initial pro forma has been reviewed and the Project appears financially feasible on the basis of estimated development costs; (4) the proposed financing is reasonable and profit is properly limited; and (5) the developer is financially responsible and meets the general eligibility standards of the Programs. In addition, the applicant would be eligible to apply as a limited dividend organization in connection with an application for financing under the Programs. Staff has also determined that the Project appears generally eligible under the requirements of the Programs, subject to final review of eligibility and to final approval. These requirements include the following: 1. The developer must offer a minimum of 25% of the units as affordably priced housing units enabling families with a gross annual income of 80% of the area median income to qualify to purchase the unit under generally accepted mortgage loan underwriting standards. The most recent income limits as published by the U.S. Department of Housing and Urban Development (HUD) indicate that 80% of the current median family income for the Municipality is $52,520. 2. The affordable units will be governed by a Deed Rider ensuring the units remain affordable to future buyers, for a minimum of 30 years. 3. The developer must be a limited dividend organization and agree to limit the profit on the development to not more than 20% of the project's total development costs. 4. The developer must comply with MassHousing's Acquisition Value Policy, which is attached as Exhibit"A" or the policy on Land Valuation/Allowable Acquisition Costs set forth in the Guidelines, as applicable. i 5. The developer must enter into a Regulatory Agreement with MassHousing and the Municipality stating specific requirements which must be met to comply with the applicable Program,the Comprehensive Permit Rules and the Guidelines. } Page 3 Settlers Landing Barnstable,MA PE-30 "A" 6. In order to satisfy the Program requirements, financing for the Project must originate from a subsidizing lender such as MassHousing or a bank that is a member of the Federal Home Loan Bank of Boston (FHLBB). Should you choose to finance the Project through a member bank of the FHLBB, a minimum of 25 percent of the financing must be obtained from the NEF program. Evidence of financing for the Project must be provided during your request to MassHousing for Final Approval. The Regulatory Agreement shall provide that any transfer of all or a portion of the NEF lender's interest (including participations or sale of servicing rights) during the entire term of the construction financing shall be subject to the approval of the Project Administrator. 7. The developer must provide affordable units under the following parameters: • The affordable units must be dispersed throughout the entire development and include a variety of bedroom sizes and unit styles. • The affordable units must be included in all construction phases of the development. • In order to attract a sufficient number of qualified buyers for the affordable units, the developer must establish initial sales prices under the assumption that the buyers have a maximum household income of 70%of the HUD area median income. Based on MassHousing's review and consideration of comments received from the Municipality, the following issues should be addressed in your application for a comprehensive permit to the local ZBA and fully explored in the public hearing process: 1. Compliance with all statutory and regulatory restrictions and conditions relating to protection of drainage, wetlands, vernal pools and wildlife habitats and nearby conservation areas, if applicable to this Site. The comprehensive permit must include a condition that the developer provide evidence of such compliance prior to issuance of the building permit for the.Project. 2. Compliance with Title V regulations regarding the design and construction of individual wells, septic systems and wastewater treatment plants if applicable to this site except to the extent waived pursuant to Title V. The comprehensive permit must include a condition that the developer provide evidence of such compliance prior to issuance of the building permit for the Project. 3. In its comments in connection with the Original Site Approval, the Municipality raised concerns that some of the preliminary construction numbers, particularly the costs attributable to related companies under your control, may be too high. Reasonable industry standards are applied in connection with this type of cost, but you may wish to discuss these concerns during the public hearing process t Page 4 Settlers Landing `l Barnstable,MA PE-30 "A" 4. The Municipality also expressed a desire for accessible units. Although the Programs do not have any requirements for the inclusion of accessible units, MssHousing would like you to address the Municipality's desire during the public hearing process. 5. You have indicated that the Site is currently owned by Martha Morin, that the Site is under a purchase and sale agreement listing Jacques Morin, Trustee of Settlers Landing Realty Trust as buyer, and that the Settlement requires the Project to be developed by Settlers Landing Realty Trust I, all of which are related. Please note that, at the time the Regulatory Agreement is executed, the same entity must own the Site and hold the comprehensive permit, and that any transfers between related parties will not affect the land valuation. This approval is expressly limited to the development of no more than 20 homeownership units under the terms of either of the Programs, with not less than 5 of such units restricted as affordable homeownership units for low- and moderate-income persons or families as required under the terms of the Housing Starts Program or the Guidelines, as applicable. It is not a commitment or guarantee of MassHousing or NEF financing and does not constitute a site plan or building design approval. Should you consider the use of any other housing subsidy programs or the construction of additional units, you will be required to submit a new Project Eligibility (Site Approval) application for review by MassHousing. This approval will be effective for a period of two years from the date of this letter. Should the applicant not apply for a comprehensive permit within this period or should MassHousing not extend the effective period of this letter in writing, the letter shall be considered to have expired and no longer be in effect. In addition,we are requiring that MassHousing be notified at the following times throughout this two year period: (1)when the applicant applies to the local ZBA for a comprehensive permit, (2)when the ZBA issues a decision, and if applicable, (3) when any appeals are filed. Please note that, should a comprehensive permit be issued, prior to construction the developer shall submit to MassHousing a request for final approval of the Project, as it may have been amended; in accordance with the Comprehensive Permit Rules (760 CMR 31.09) and the Guidelines (Section 9). i v Page 5 Settlers Landing Barnstable, MA PE-30 "A" If you have any questions concerning this letter, please contact Richard Herlihy at 617-854-1335 or Virginia Healy-Kenney at 617-854-1326. Sincerely, 7;;>. Y Thomas R. Gleason Executive Director cc: Ms. Jane Wallis Gumble,Director,DHCD Mr. John Klimm,Barnstable Town Manager Ms. Janna Tetreault,Project Manager, CHAPA r Page 6 Settlers Landing j Barnstable, MA PE-M "A" Exhibit"A" Acquisition Value Policy The maximum permissible acquisition value which can be included in the Development Budget for a Housing Starts Construction Loan application will be limited to the lesser of: i the "as is" appraised market value of the land and improvements, as estimated by the MassHousing Home Ownership Division at the time of loan commitment, and subject to confirmation by a MassHousing commissioned independent appraisal prior to loan closing; Or, the purchase price of the land and improvements in the last arm's length transaction, if any, within the last three years, plus (i) reasonable and verifiable costs of property improvements made subsequent to the above acquisition and/or (ii) reasonable and verifiable carrying costs related to the land and improvements, such as interest,taxes and insurance. Special Restrictions for Comprehensive Permit Developments In addition to the above-noted acquisition policy, developments which have received a comprehensive permit will be subject to the following restriction: Economic benefits of the comprehensive permit shall accrue to the development and shall not be used to substantiate an acquisition cost that is unreasonably greater than the current appraised fair market value under existing zoning without a comprehensive permit in place. This restriction will be applied regardless of ownership transfers which might take place during the development process. qe dawn cape engineerinq, inc, CIVIL MINM5 & M2 5UMYR5 959 MAIN 5f/ kOUT 6A YAf;MOUTNIMOK, MA 02675 (508) 562-*41 FAX (508) 36279880 i' August 18,2005 Town of Barnstable Zoning Board of Appeals 200 Main Street Hyannis, MA 02601 Re: Waiver Request: Comprehensive Permit-Settlers Landing Dear Board of Appeals Members: To the extent that the PI-AHD Overlay District regulations do not apply,the following waivers are requested for the development of Settlers Landing: From the Zoning Ordinance:. §240-7 Applicability of District Regulations §240-7 (A) Conformance to Use Regulations §240-7 (B).Conformance to Bulk and Yard Regulations §240-7 (D) Lot Shape Factor/Residential Districts §240-7 (E)Bulk Regulations Lot Size: 43,560 sf-reduce to a minimum of 8,725 sf Frontage: 125 ft—reduce to a minimum of 27.7' Front Yard: 30 ft-reduce to a minimum of 15' Side Yard: 15 ft-reduce to a minimum of 10' Rear Yard: 15 ft-no reduction requested. § 240-35(F) (3) & (4) Groundwater Protection Overlay District § 240-124(A)Bonds and Permits- waive performance bond. Growth Management: Section 240-110 through 240-122 Zoning Ordinance. Affordable Housing Sections 9-1 through 9-16 General Ordinance if applicable. From the Subdivision Rules and Regulations: Waivers are hereby requested of the following subdivision requirements pursuant to Section 801-5 of the Barnstable Subdivision Rules and Regulations for the above referenced project. The intent being to maintain additional rural character of the lots and preserve affordability for the development. The proposed street is residential in nature and are classified Minor A in the definitions section. Waiver from entire application process for filing Preliminary and/or Defmitive Subdivision Plans. Waiver from Ordinance Ch 801 Appendix A 801 Attachment 1:3-Design Standards: Width of Right of Way to reduce from 50' wide to 40' wide(flat topography limits need for a wide right of way, matches abutters) § 801-27 (C)(4) Storm Drains-waiver from requirement to provide grass lined BMP's,deep sump hooded catch basins proposed instead of 1:4 grass lined swales,which utilize excessive land area. § 801-27 (C)(9) Storm Drains-waiver from requirement to provide excavated storm water storage areas for a 100 year storm, additional leaching pits will be added instead to provide similar function without utilizing significant land area. § 801-30 & 47 Curbing and berms It is requested to waive construction of Cape Cod berms, due to the flat topography and aesthetics.Additional infiltration into the grass roadsides is also achieved by elimination of the cape cod berms. § 801-63 Fee schedule-It is requested to waive all fees for the affordable lots, and reduce §801-63 C)4 from listed amounts to maintain affordability and account for shorter road distances per lot. Request to waive requirement for bonds and/or cash and covenants. Thank you for your consideration. Sincerely yours, Daniel A. Ojala PLS,EIT Down Cape Engineering, Inc. COMMONWEALTH OF MASSACHUSETTS HOUSING APPEALS COMMITTEE SETTLERS LANDING REALTY TRUST, ) Appellant ) ) V. ) No. 01-08 BARNSTABLE BOARD OF APPEALS, ) Appellee. } ORDER OF REMAND Pursuant to the parties' Stipulation of Remand filed October 13, 2005,which is based upon the Stipulation of Settlement and Stay dated November 18, 2005 (¶ 11(a)), I hereby remand this matter to the Barnstable Board of Appeals. This Committee retains jurisdiction of this matter,pursuant to G.L. c. 40B, §§ 20-23. The parties shall notify the Committee of the final action by the Board within 60 days of such action, and, if appropriate,this m ittei shall be dismissed upon filing of a motion to dismiss or for withdrawal pursuant to 76 CMR 30.06(6)(b). Housing Appeals Committee r+ Da te: 10/11/05 11V2 Werner Lohe, Chairman Presiding Officer Lacb s Certificate of Service I, Lorraine Nessar, Clerk to the Housing Appeals Committee, certify that this day I caused to be mailed, first class, postage prepaid, a copy of the within Order of Remand in the case of Settlers Landing Realty Trust v. Barnstable Board of Appeals,No. 2001-08,to: Peter L. Freeman, Esq. Ruth I Weil, Esq. Peter L. Freeman, P.C. First Assistant Town Attorney 1597 Falmouth Road, Suite 3 Barnstable Law Department Centerville, MA 02632 New Town Hall 367 Main Street,2nd Floor Michael D. Ford, Esq. Hyannis,MA 02601 72 Main Street P. O. Box 665 Robert D. Smith, Esq. West Harwich,MA 02671 Barnstable Law Department New.Town Hall Robert T. Cannon,Esq. 367 Main Street, 2nd Floor Furman, Cannon,P.C. Hyannis,MA 02601 86 Willow Street, Suite 4 Yarmouthport,MA 02675 Charles Sabatt,Esq. Ardito, Sweeney, Stusse,Robertson, Edward T. Patten,Esq. DuPuy&Associates Law Offices of Edward T.Patton, Esq 25 Mid-Tech Drive, Suite C One Liberty Square,4th Floor West Yarmouth MA 02673 Boston,MA 02108 Dated: 10/19/05 1 v Lorraine Nessar, Clerk Housing Appeals Committee 8 Settlers Landing I Cape Cod, Massachusetts <� s SETTLERS LANDING I SPECIFICATIONS - (MARKET HOMES) FOUNDATION - 10" POURED CONCRETE WALL OR 8" POURED CONCRETE WALL ON KEYED FOOTING SUBJECT TO FINAL BUILDING PLANS. A 3000 LB. CONCRETE MIX WILL BE USED ON ALL FOUNDATION WALLS. LUMBER - FRAMING LUMBER TO BE #2 GRADE OR HIGHER KILN OR SURFACE DRIED SPRUCE. EXTERIOR PLYWOOD TO BE ;1" ORIENT STRAND BOARD (OSB) . ROOF SHEATHING TO BE 5/8" ORIENT STRAND BOARD (OSB) . EXTERIOR TRIM TO BE #2 STERLING OR COMMON PINE. FLOOR JOISTS WILL BE TRUSS JOISTS OR #2 GRADE OR HIGHER KILN OR SURFACE DRIED SPRUCE DEPENDING UPON SPANS. SIDING - WHITE CEDAR SHINGLES (CLEARS) 5" TO THE WEATHER ON REAR AND SIDES AND '-z" X 4" RED CEDAR CLAPBOARD ON FRONT OF BUILDINGS. EXTERIOR PAINT - EXTERIOR TRIM TO BE KNOT SEALED, PRIMED AND PAINTED WITH TWO COATS OF SHERWIN WILLIAMS DURATION. FRONT SIDING SHALL HAVE A PRIMER COAT AND A TWO-COAT SOLID STAIN APPLICATION. ROOF - 20 YEAR IKO ARCHITECT ASPHALT SHINGLE OR EQUIVALENT. WINDOWS - ANDERSON VINYL DOUBLE HUNG AND TILT IN FOR EASY CLEANING. (SCREENS & GRILLS INCLUDED ON WINDOWS AND SCREEN PROVIDED FOR ANY SLIDERS) . EXTERIOR CASING WILL BE APPLIED TO THE WINDOWS ON THE FRONT ELEVATION ONLY. EXTERIOR DOORS - INSULATED STEEL DOORS BY THERMCO OR EQUIVALENT. INSULATION - AS PER MASSACHUSETTS STATE ENERGY CODE. 3 1-1" WALLS; 6" BASEMENT CEILING AND 9" IN TOP CEILING AND ANY SLOPES. HVAC - HEATING SYSTEM TO BE GAS FIRED WARM AIR WITH 90-PLUS ENERGY EFFICIENT UNITS. (CENTRAL AIR CONDITIONING-OPTIONAL. ) MANUFACTURER TO BE DETERMINED. PLUMBING - FIBERGLASS TUB OR SHOWER UNITS AS PER PLAN BY AMERICAN STANDARD, AQUA GLASS, UNIVERSAL RUNDELL, OR EQUIVALENT. FAUCETS AND SHOWER VALVES BY DELTA OR MOEN. STAINLESS STEEL KITCHEN SINK PER PLAN. TWO FROST FREE SILLCOCKS PROVIDED. STATE OR EQUIVALENT 40 GALLON GAS HIGH RECOVERY WATER HEATER FOR EACH UNIT. (WHIRLPOOL TUBS-OPTIONAL) WASTE SYSTEM - EACH HOME SHALL BE CONNECTED TO THE WASTEWATER FACILITY. ELECTRICAL - 100-150 AMP SERVICE TO BE INSTALLED PER. STATE CODE AS LOAD IS REQUIRED. DOOR BELL PROVIDED AT FRONT ENTRY. EXTERIOR LIGHTING FIXTURES TO BE PROVIDED AT EACH EXTERIOR EGRESS PER CODE. 2 PHONE OUTLETS AND TWO CABLE OUTLETS WILL BE PROVIDED WILL AND EACH BE HOME RUNS TO THE BASEMENT. (ADDITIONAL WIRING OF OUTLETS-OPTIONAL) INTERIOR TRIM - 3 It" COLONIAL STYLE CASINGS AND 5 31" COLONIAL SPEED BASE TO BE INSTALLED. SIX PANEL SOLID CORE MASONITE OR BIFOLD COMBINATION (PANELED MASONITE) INTERIOR STAIRWAYS WILL CONSIST CARPETED TREADS AND PAINTED RISERS. UPPER OPEN AREAS OF BALCONIES OR STAIRS WILL RECEIVE A SHEETROCKED HAVE WALL WITH PINE NOSING CAP AND MOLDING UNDER. (OAK RAILINGS, OAK TREADS AND BALUSTRADE SYSTEM-OPTIONAL) CLOSET SHELVES - WHITE VINYL COATED WIRE CLOSET SHELVES TO BE INSTALLED. INTERIOR PAINT - ALL INTERIOR TRIM TO BE PRIMED AND PAINTED WITH A 2 COAT APPLICATION OF AN OFF-WHITE LATEX SEMI-GLOSS BY BENJAMIN MOORE OR COMPARABLE. ALL WALLS AND CEILINGS TO BE GIVEN A 2 COAT APPLICATION OF FLAT LATEX PAINT BY BENJAMIN MOORE OR COMPARABLE. KITCHEN AND BATH CABINETS - RAISED PANELED HARDWOOD CABINETS BY DIAMOND (SISTER COMPANY TO SCHROCK) OR COMPARABLE MANUFACTURER. CABINET KNOBS WILL BE PROVIDED. FORMICA OR EQUIVALENT MANUFACTURER COUNTER TOPS WITH 4" BACK-SPLASH PROVIDED. MIRRORS PROVIDED OVER EACH VANITY. (OTHER NATURAL AND SIMULATED COUNTER TYPES ARE AVAILABLE AND WOULD BE OPTIONAL) KITCHEN APPLIANCES - AN ELECTRIC SELF CLEANING RANGE AND A DISHWASHER BY G.E. , WHIRLPOOL OR COMPARABLE WILL BE PROVIDED. (ANY UPGRADE AND/OR BUILT IN MICROWAVES-OPTIONAL) FLOORING - LIVING ROOM WILL BE PROVIDED WITH EITHER BRUCE 2 'mot" RED OAK FLOORING, SANDED SEALED AND WITH THREE COATS OF URETHANE OR WILL BE CARPETED. KITCHEN, DINING AREA AND BATH FLOORS WILL BE A GOOD QUALITY NO-WAX VINYL FLOOR BY MANNINGTON, CONGOLEUM OR EQUIVALENT. BEDROOM AREAS PROVIDED WITH 100% NYLON SINGLE COLOR WALL TO WALL CARPETING BY PHILADELPHIA OR EQUIVALENT. AN APPROXIMATE 3' X 5' TILED ENTRY WILL BE INSTALLED. (ADDITIONAL HARDWOOD OR TILE WOULD BE OPTIONAL) FRONT STEP - MAHOGANY DECKING WITH WHITE PAINTED RISERS. DECKING WILL RECEIVE TWO COATS OF PENOFIN. BASEMENT LEVEL - UNFINISHED. (FULL OR PARTIALLY FINISHED BASEMENTS WOULD BE OPTIONAL AND PRICED ACCORDINGLY. SUCH APPROVAL MUST FIRST BE OBTAINED LOCALLY AND NO BASEMENT SHALL ADD AN ADDITIONAL BEDROOM) FIREPLACE - CUSTOM BUILT BRICK FIREPLACE (FLUSH HEARTH) OR GAS MODULAR TYPE PROVIDED BY BUILDER AS PER PLAN. GARAGE - 4" POURED CONCRETE FLOOR WITH RE-ENFORCEMENT ROD IN APRON. INSULATED HOUSE SIDE ONLY. COMPLETELY SHEET ROCKED WITH WINDOWS TRIMMED. FIRE CODE SHEETROCK AND DOOR ON HOUSE SIDE. 71X 9' GARAGE DOOR (S) . DRIVEWAY - IF THE MARKET HOME CONTAINS A GARAGE AN 11 FOOT WIDE ASPHALT DRIVEWAY WILL BE PROVIDED. IF THE MARKET HOME DOES NOT CONTAIN A GARAGE AN 11 FOOT WIDE ASPHALT DRIVEWAY WILL BE PROVIDED AND FLARED FOR TWO CAR PARKING. II LANDSCAPING - ALL LANDSCAPING WILL BE DESIGNED AND LANDSCAPED BY BUILDER AND PROVIDED WITH A MINIMUM OF 2500. SQ. FT. OF GRASSED AREA. A MINIMUM OF 20 SHRUBS WILL BE PROVIDED AND APPROPRIATELY PLANTED WITHIN THE LANDSCAPE DESIGN. A FLAGSTONE WALK WILL BE PROVIDED FROM THE DRIVEWAY TO THE CLOSEST ENTRY DOOR. THESE SPECIFICATIONS ARE A GENERAL HANDOUT AND MAY BE MODIFIED TO MEET INDIVIDUAL NEEDS. THE METHOD FOR HANDLING ANY MODIFICATIONS WOULD BE ADDRESSED WITHIN THE OVERALL CONSTRUCTION AGREEMENT AND WHERE A MODIFICATION CONSTITUTES AN ADDITIONAL COST AN ADDENDUM SHALL BE REQUIRED TO EFFECTUATE THE CHANGE. SPEC/MODEL HOMES BUILT BY BUILDER MAY CONTAIN ANY OF THE ABOVE OR OTHER OPTIONAL ITEMS. r 4 ' f 4 ` Settlers Landing L ` x 1. 4 4 l Cape Cod, Massaehu�etts `� 4 f SETTLERS LANDING I SPECIFICATIONS - (AFFORDABLE HOMES) FOUNDATION - 10" POURED CONCRETE WALL OR 8" POURED CONCRETE WALL ON KEYED FOOTING SUBJECT TO FINAL BUILDING PLANS. A 3000 LB. CONCRETE MIX WILL BE USED ON ALL FOUNDATION WALLS. LUMBER - FRAMING LUMBER TO BE #2 GRADE OR HIGHER KILN OR SURFACE DRIED SPRUCE. EXTERIOR PLYWOOD TO BE Ill' ORIENT STRAND BOARD (OSB) . ROOF SHEATHING TO BE 5/8" ORIENT STRAND BOARD (OSB) . EXTERIOR TRIM TO BE #2 STERLING OR COMMON PINE. FLOOR JOISTS WILL BE TRUSS JOISTS OR #2 GRADE OR HIGHER KILN OR SURFACE DRIED SPRUCE DEPENDING UPON SPANS. SIDING - WHITE CEDAR SHINGLES (CLEARS) 5" TO THE WEATHER ON REAR AND SIDES AND 14" X 4" RED CEDAR CLAPBOARD ON FRONT OF BUILDINGS. EXTERIOR PAINT - EXTERIOR TRIM TO BE KNOT SEALED, PRIMED AND PAINTED WITH TWO COATS OF SHERWIN WILLIAMS DURATION. FRONT SIDING SHALL HAVE A PRIMER COAT AND A TWO-COAT SOLID STAIN APPLICATION. ROOF - 20 YEAR IKO ARCHITECT ASPHALT SHINGLE OR EQUIVALENT. WINDOWS - ANDERSON VINYL DOUBLE HUNG AND TILT IN FOR EASY CLEANING. (SCREENS & GRILLS INCLUDED ON WINDOWS AND SCREEN PROVIDED FOR ANY SLIDERS) . EXTERIOR CASING WILL BE APPLIED TO THE WINDOWS ON THE FRONT ELEVATION ONLY. EXTERIOR DOORS - INSULATED STEEL DOORS BY THERMCO OR EQUIVALENT. INSULATION - AS PER MASSACHUSETTS STATE ENERGY CODE. 3 1-1" WALLS; 6" BASEMENT CEILING AND 9" IN TOP CEILING AND ANY SLOPES. HVAC - HEATING SYSTEM TO BE GAS FIRED WARM AIR WITH 90-PLUS ENERGY EFFICIENT UNITS. MANUFACTURER TO BE DETERMINED. PLUMBING - FIBERGLASS TUB OR SHOWER UNITS AS PER PLAN BY AMERICAN STANDARD, AQUA GLASS, UNIVERSAL RUNDELL, OR EQUIVALENT. FAUCETS AND SHOWER VALVES BY DELTA OR MOEN. STAINLESS STEEL KITCHEN SINK PER PLAN. TWO FROST FREE SILLCOCKS PROVIDED. STATE OR EQUIVALENT 40 GALLON GAS HIGH RECOVERY WATER HEATER FOR EACH UNIT. WASTE SYSTEM - EACH HOME SHALL BE CONNECTED TO THE WASTEWATER FACILITY. ELECTRICAL - 100-150 AMP SERVICE TO BE INSTALLED PER STATE CODE AS LOAD IS REQUIRED. DOOR BELL PROVIDED AT FRONT ENTRY. EXTERIOR LIGHTING FIXTURES TO BE PROVIDED AT EACH EXTERIOR EGRESS PER CODE. 2 PHONE OUTLETS AND TWO CABLE OUTLETS WILL BE PROVIDED WILL AND EACH BE HOME RUNS TO THE BASEMENT. INTERIOR TRIM - 2 li" COLONIAL STYLE CASINGS AND 3 '-i" COLONIAL BASE TO BE INSTALLED. SIX PANEL HOLLOW CORE MASONITE OR BIFOLD COMBINATION (PANELED MASONITE) INTERIOR STAIRWAYS WILL CONSIST CARPETED TREADS AND PAINTED RISERS. UPPER OPEN AREAS OF BALCONIES OR STAIRS WILL RECEIVE A SHEETROCKED HAVE WALL WITH PINE NOSING CAP AND MOLDING UNDER. CLOSET SHELVES - WHITE VINYL COATED WIRE CLOSET SHELVES TO BE INSTALLED. INTERIOR PAINT - ALL INTERIOR TRIM TO BE PRIMED AND PAINTED WITH A 2 COAT APPLICATION OF AN OFF-WHITE LATEX SEMI-GLOSS BY BENJAMIN MOORE OR COMPARABLE. ALL WALLS AND CEILINGS TO BE GIVEN A 2 COAT APPLICATION OF FLAT LATEX PAINT BY BENJAMIN MOORE OR COMPARABLE. KITCHEN AND BATH CABINETS - RAISED PANELED HARDWOOD CABINETS BY DIAMOND (SISTER COMPANY TO SCHROCK) OR COMPARABLE MANUFACTURER. CABINET KNOBS WILL BE PROVIDED. FORMICA OR EQUIVALENT MANUFACTURER COUNTER TOPS WITH 4" BACK-SPLASH PROVIDED. MIRRORS PROVIDED OVER EACH VANITY. KITCHEN APPLIANCES - AN ELECTRIC SELF CLEANING RANGE WITH VENT HOOD AND A DISHWASHER BY G.E. , WHIRLPOOL OR COMPARABLE WILL BE PROVIDED. FLOORING - KITCHEN, DINING AREA, AND ALL BATH FLOORS WILL BE A GOOD QUALITY NO-WAX VINYL FLOOR BY MANNINGTON, CONGOLEUM OR EQUIVALENT. ALL OTHER AREAS PROVIDED WITH 100% NYLON SINGLE COLOR WALL TO WALL CARPETING BY PHILADELPHIA OR EQUIVALENT. AN APPROXIMATE 3' X 5' TILED ENTRY WILL BE INSTALLED FOR. t FRONT STEP - MAHOGANY DECKING WITH WHITE PAINTED RISERS. DECKING WILL RECEIVE TWO COATS OF PENOFIN. BASEMENT LEVEL - UNFINISHED. FIREPLACE - NO FIREPLACE PROVIDED IN AFFORDABLE UNITS. GARAGE - NO GARAGE PROVIDED ON AFFORDABLE HOMES. DRIVEWAY - AN 11 FOOT WIDE ASPHALT DRIVEWAY WILL BE PROVIDED AND FLARED FOR TWO CAR PARKING. LANDSCAPING - ALL LANDSCAPING WILL BE DESIGNED AND LANDSCAPED BY BUILDER AND PROVIDED WITH A MINIMUM OF 2500 SQ. FT. OF GRASSED AREA. A MINIMUM OF 20 SHRUBS WILL BE PROVIDED AND APPROPRIATELY PLANTED WITHIN THE LANDSCAPE DESIGN. A FLAGSTONE WALK WILL BE PROVIDED FROM THE DRIVEWAY TO THE CLOSEST ENTRY DOOR. T � 9 Settlers Landis I&II Home Distribution ' §'Uti,rs.:Lab`din P22 5s Settlers Landis II SQ.Feet-TypeMatk0l f f a:: .5' Affordable Market Vin and-Chelm 1248-Ranch 3 2 Cranbrook 1500-Ranch Nantucket II 1606-Cape 3 Lexington I 1625-Cape Nantucket I 1668-Cave 3 2 { Concord I 1777-Cave 4 =r, ` .a .; 3 Lexington Il 1966-Cape 4 Concord II 1980-Ca a `j, ; ,_ ,: "''ex 32 i .<cyF Y 3 73 TOTALT Setlers LandisIIAp.1stril u Gar. p�", u3"� v � ;.r"sv�:2,fir�y.}-r c .+�t�t�s yes .° "�7 µc (,,,,�.q�s/�c� ..S r t�: 4..�t: ��, +a.} {j�Ot4e+� •: ,,,'•i >f 5�,k'� '^ i1 7`f�,{ i. L.ty �✓ } is .{ ,S t a .�'';l'i` r d 75 f w a s��^y5.�.xe 4x:.�m�`n`y.,�':.t z a.,1�I�ket{U`ri�t�.�...��i t ��i. Gqnria.Cd.��,�,K ft 'x✓ +A 5{ �1,yd �,t�Ti1E,ryk 't'. !f�'`y G'4� ar3'�sr {1; z< �}''1i ryrl .,xfJt fit .titer r z�:. 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Right; autueket I .Reverse.= Nbuez r � � �� `,1, -Market�Untt ..h ConcordI1 � ��hr' ?Q t, Marketi_Uiut_ - Nantucket I fight:' 21 Market Unit Cranbrook Right 22 Affordable Unit Vinyard None • 23 Market Unit Nantucket I Right 24 Market Unit Concord II Right 25 Market Unit Nantucket II Right 26 Market Unit Lexington I Right 27 Affordable Unit Nantucket I None 01 28 Market Unit Concord I Right 29 Market Unit Lexington I Right 30 Market Unit Concord II Right 31 Market Unit Nantucket II Right 32 Market Unit Concord I Right 33 Affordable Unit Vinyard None • 34 Market Unit Lexington II Right 35 Market Unit Vinyard Right 36 Market Unit Lexiftgton I Right 37 Affordable Unit Nantucket I None • 38 Market Unit Concord I Right 39 Market Unit Lexington II Right 40 Market Unit Concord II Right 41 Market Unit Nantucket II Right 42 Affordable Unit Vinyard None 43 Market Unit Lexington II Right 44 Market Unit Cranbrook Right 45 Market Unit Vinyard Right 46 Affordable Unit Nantucket I None 47 Market Unit Cranbrook lint 48 Market Unit Lexington II Right 49 Note:Agreement calls for Settlers U to have 15 garages on the 23 markets Nantucket I light before matching garages on affordable units on a one to one.requirement. II --- to ATTENTION: Board Members: Request For Comprehensive Phasing: The attached application resulted from long amicable mediation discussions during the year 2004. .Those meetings involved discussions about growth management as well as the need to be able to create affordable housing developments which could be phased in a way to avoid disruption in the progress so as to avoid financial instability and to allow the projects to be financed on a predictable level of construction. A positive working meeting between the applicant, Robert Cannon Esq., Arthur Traczyk from the Zoning Department and the Building Commissioner, Tom Perry took place which resulted in a phasing plan as shown in the distribution Table (1.) below. However, the PI-AHD zoning district did not receive final approval of the Town Council (joint Planning Board meeting) until November of 2004. During.2005 to date three new subdivisions have been created consistent with the new zoning district and with the agreement between the town, the applicant and the neighbors. All the required field controls and required updates were engineered into the new plans. Additionally, the applicant has created eight(8) entirely new homes as part of the submittal. Because of the time involved to create the zoning district and to create new plans that comport with the district it is evident that the first phasing plan discussed was at least a year out dated since it anticipated the distribution of thirty three (33) building permits in the year 2004 and thirty (30)in the year 2005. Accordingly, the applicant hereby submits under section 3-1.8- 4G. (Phasing) of the PI-AHD zoning a comprehensive request for Phasing and to modify and submit the phasing schedule as outlined below in Table (2). The revision is less intensive than the first phasing plan which top loads 63 permits in the first.two years which will not be required. The applicant however stresses the need to have a level and predictable allocation of building permits to achieve the requisite financing for the project(s) and to be able to complete them in a timely manner. This would also serve to avoid long term disruption to the neighborhood. Table(1)Phasing Plan Total Market Affordable 2004 PI-AHD-40B 33 27 6 2005 PI-AHD-40B 30 24 6 2006 PI-AHD-40B 15 12 3 2007 PI-AHD-40B 0 0 0 Table (2)Phasing Plan Total Market Affordable 2006 PI-AHD-40B 25 20 5 2007 PI-AHD-40B 25 20 5 2008 PI-AHD-40B 25 20 6 2009 PI-AHD-40B 3 2 1 This submittal for phasing is a comprehensive phasing request involving two 40 A subdivisions known as Settler's Landing H and Schooner Village and a 40B comprehensive permit known as Settler's Landing I. Where one of the two subdivisions (Settler's Landing) is also part of a settlement requiring a portion to be developed under a comprehensive permit with the Zoning Board and the other part under a 40A subdivision with the Planning Board it may be appropriate to created a blanket phasing decision that could be used by both the Planning Board as well as the Zoning Board of Appeals. That also may make sense since both the Settler's projects and at some point the Schooner Village project will be ongoing simultaneously. The language from the PI-AHD (Private Initiated Affordable Housing District) regarding phasing is as outlined below: 3-1.8-4G Phasing: The applicant, as part of the application for subdivision approval, may propose a phasing plan identifying the number of building permits requested to be issued in each year of the phasing plan. The Planning Board,upon a finding of good cause,may vary the provisions of Section 4.9 (5) (a)-(b) and(6)(b)(i)-(iii)herein and allow for the allocation to the applicant of the number of building permits proposed in the phasing plan or any different number that the Planning Board deems appropriate,provided that at the time of the granting of the special permit,that the determined number of building permits are available and that no more than 1/4 of each year's allocation under Section 4.9 (5)(a) and(b)shall be allocated to the applicant. Every permit allocated to the applicant by the Planning Board shall be included as part of the yearly building permit allocations under Section 4.9 (5)(a)-(b). There shall be no extension of a Building Permit granted under a phasing plan and any unused and/or expired permits shall be credited back as part of the adjustments under Section 4.9 (5) (d) for the next calendar year. DECLARATION OF PROTECTIVE COVENANTS FOR "SETTLERS LANDING" WHEREAS, it is the intention of Jacques N. Morin, Trustee of SETTLERS LANDING REALTY TRUST and Martha. M. Morin, Trustee of SETTLERS LANDING II REALTY TRUST to create a desirable residential neighborhood in a natural wooded setting for the house lots in the subdivision; and to encourage the erection of attractive homes, properly designed; and to secure proper and pleasing site development and to ensure a high quality of community appearance. AND WHEREAS, the plans referred to herein below. comprise "market rate homes" as well as a smaller percentage . (20% & 25% respectively) of "affordable homes" as required by both state law and by local ordinance, it is the intent to apply these, covenants equally as written to both market rate and affordable homes except as otherwise herein provided. THEREFORE, to protect and preserve natural beauty and scenic views and create a desirable residential community and to increase the value of said lots 1 through 20 on plan referred to below as SETTLERS LANDING I and of said lots 1 through 29 on plan referred to below as SETTLERS LANDING II, hereinafter collectively referred to as "SETTLERS LANDING", for the mutual enjoyment and privacy of all those presently owned and to be conveyed. to the future (49)building lot owners, KNOW ALL MEN BY THESE PRESENTS: That Jacques N. Morin, Trustee of SETTLERS LANDING REALTY TRUST, and Martha M. Morin, Trustee of SETTLERS LANDING II REALTY TRUST, being the owners of certain real estate in Barnstable, Barnstable County, Massachusetts, being known and designated as, "SETTLERS LANDING", do hereby make and declare said premises to be subject to the following covenants, restrictions and conditions hereinafter set forth, which are imposed for the benefit of the Grantors and their successors in .title and which shall apply to all of the (49) lots in said "SETTLERS LANDING I and SETTLERS LANDING II", and shown on a plan entitled: "SETTLERS LANDING I"; subdivision plan of land in (Hyannis) Barnstable, Mass., prepared for SETTLERS LANDING REALTY TRUST; Jacques N. Morin, Trustee; Scale: 1" = 401 ; August 18, 2005; by Down Cape Engineering, Inc. ; 939 Main Street, Route 6A,Yarmouth Port, Mass., and. recorded in Plan Book ,Pages & and on a plan entitled "SETTLERS LANDING II"; subdivision plan of land in (Hyannis) Barnstable, Mass. , prepared for SETTLERS LANDING II REALTY TRUST; Martha M. Morin, Trustee; Scale: 1" = 401 ; August 18, 2005; by Down Cape Engineering, Inc. ; 939 Main Street, Route 6A,Yarmouth Port, Mass. , and recorded in Plan Book , Pages &_ 1. ) No trade or business activity shall be carried out upon. the granted premises. 2. ) No commercial vehicle shall be parked in the open overnight and no trucks greater than a one-half ton gross vehicle weight, work vans or box trucks shall be parked or garaged over night upon the granted premises. Any vehicle or truck that has lettering and or logos shall also be deemed to be of a commercial use unless the same is otherwise approved by the Grantor- Trustee or his assignee in writing as incidental and the aggregate area of the lettering and or logo does not exceed 40 square inches on either side of the vehicle or truck. No more than one vehicle per bedroom shall be parked, stored or garaged over night at the granted premises and no more than one vehicle per bedroom shall be registered at the granted premises. 3. ) No animals of any kind shall be kept except Household pets, but in any case limited to ,no more than two domestic dogs and/or cats. None shall constitute a nuisance or be troublesome or objectionable to the occupants of adjoining nearby properties. 4.) No building or structure shall be erected on any lot except one single family dwelling containing no less than 1,100 square feet of habitable living space for a "ranch" style or no less than 1,400 square feet of habitable living space for a "1 1/2 or 2" story house as specified in Item #5. The Grantor reserves the right to waive up to twelve percent of said floor requirement if in the opinion of the Grantor said reduction results a more functional and/or aesthetically pleasing design for the intended lot. 5. ) No structure shall be constructed, built, erected or maintained within 20 feet of a rear lot line. Notwithstanding this restriction, a tool or storage shed may be constructed within the rear yard 20 foot setback area so long as the same is set back 10 feet from the rear lot line, is of wood frame construction only, is no larger than 120 square feet, and is built in compliance with all of the other protective covenants, including but not limited to Covenant #20. For purposes of these restrictions a structure shall include, but not be limited to a building, dwelling, garage, automobile port, shed (other than a tool or storage shed in compliance with this restriction) gazebo, pergola, arbor, swimming .pool, fence, animal shed or shelter, deck, platform, tennis court, platform tennis court, basketball court, concrete pad, wooden pad, decorative art objects placed outside, solar panel, satellite dish, exterior antenna and/or aerial of all types, windmill, outside heat pump, air conditioning unit, or any other. combination of materials assembled to form a structure. Not withstanding this provision, a fence may be placed ten feet from the rear lot line so long the same has been approved pursuant to covenant #20 and so long as the interior and exterior of the fence are placed properly so that the exterior surface faces the rear lot line and the interior surface faces the interior of the lot. 6. ) The exterior of all dwellings must be of a traditional or modified Cape Cod, Salt Box, Ranch, or Colonial design. 7. ) All main roofs shall have a minimum 9-inch per foot slope for Ranch and Colonial style homes and, except for dormers, an I1-inch per foot slope for Capes or Saltboxes. Roof shingles shall be an architectural grade shingle. Siding shall consist of red cedar stained or painted clapboard on the front elevation and white cedar shingles on the side and rear elevations. White cedar shingles may be applied to all four elevations provided the shingles are all weather stained treated. 8. ) Any garage so constructed on any lot shall be attached to the dwelling, shall be set back a minimum of twenty feet from the front lot line and shall be constructed of materials similar to that of the dwelling. 9. ) All dwellings shall have an outside post light to the front of the property within 20' of the front lot line and shall be on a stained or painted white decorative post; type as specified by Grantor. An alternate lighting or lighting location may be granted or required for lots abutting cul-de-sacs where, in the opinion of the Trustee, such modification avoids a clustered appearance of lighting. Except those mailboxes which are attached directly to the residential dwelling, any mailbox installed on any dwelling site shall have the color white as the primary and predominant background color and shall be placed upon a white stained or painted wooden post, type as specified by Grantor. Plastic type newspaper boxes are prohibited on any lot within "SETTLERS .LANDING". 10. ) No live trees exceeding 6" in diameter at a point 2 feet above ground level shall be disturbed from their natural growth except as may be necessary for construction of the dwelling, site development, or proper grading to assure the desired degree of visual aesthetics. There shall be a . ten (10) foot no clear zone at the rear lot line of each lot in Settlers Landing. In the no clear zone there shall be no cutting of live trees. Only underbrush many be cut for maintenance purposes. 11. ) No residential dwelling constructed on any lot is to be occupied until the exterior of the building is complete. Exterior of any building erected and landscaping and grading in connection therewith shall be completed within six months after commencement of construction. Also, no house trailers may be brought onto nor maintained on any lot at any time.All dwelling lots within "SETTLERS LANDING" shall be required to contain an underground sprinkler system and at minimum shall cover grassed areas from the front line of the home to the front property line and for the appearance of continuity, shall be further placed, maintained and utilized by each respective property owner to irrigate those grassed areas that extend from the front property line to the roadway. 12. ) No signs shall be permitted on any lot except for one sign not over 1 and 1/2 square feet in area indicating the owner's name and/or identifying his property. Property owners shall first check with local sign codes to ensure compliance. 13. ) No rubbish or waste cans shall be placed in the open from. the front line: of the home to the street and shall be enclosed by fencing or shrubbery so as not to be visible from the street or any lot not part of Settler' s Landing. At all times, rubbish collection shall occur behind the front line of the house and not at the street. Boats shall not be stored in the open at any time and shall be garaged so as to not be in view of the adjoining properties. Boats shall not exceed 16' in length and shall not be used for commercial. purposes. All clotheslines and/or drying yards shall be enclosed by fencing or shrubbery so as not to be visible from the street or any adjacent lot. While play of children is encouraged, any toys, bikes or similar play items shall not be stored over night in the open as viewed from the street. 14. ) No metal buildings, trailers, or temporary structures shall be erected, parked or maintained on the premises. For the purpose of marketing and 3 security, the Grantor may utilize an area within the development for the temporary use as an on-site sales trailer which shall be removed after all lots are conveyed and which will be set back no further than 30 feet from a front lot line. 15.) No noxious or offensive activity shall be carried out upon .any property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 16. ) The structures and grounds on any property shall be maintained in a neat and attractive manner, lawns shall not exceed three and a half inches in height and the entire property shall be kept free of rubbish, debris or material of any kind which render the same unsanitary, unsightly, offensive, or detrimental to any property within SETTLERS LANDING. In the event of a default in the performance of these provisions and if such default shall not have been cured within fourteen (14) days after written notice thereof, the Grantors, their successors and assigns, shall have the right to enter upon the property in default to correct said grass and vegetation; to remove dead trees, shrubs and plants; and to do all things necessary to place the property in a neat and orderly condition. The cost of any work so required shall become due and payable by the property owner or owners to the Grantors, their successors or assigns, immediately upon the completion thereof. In the event of a default in the performance of these provisions and if such default shall not have been cured within fourteen (14) days after written notice thereof, the Grantors, their successors and assigns, shall have the right to enter upon the property in default to correct said grass and vegetation; to remove dead trees, shrubs and plants; and to do all things necessary to place the property in a neat and orderly condition or to correct any default of the provisions contained herein. 17. ) The Grantors may delegate or assign any or all of their rights, powers and obligations under these restrictions to any person, corporation, association or agent, said assignment to be in writing and duly recorded in the Barnstable County Registry of Deeds. Until such assignment, the Grantors reserve the right to release, modify, amend and waive said covenants, restrictions and conditions at any time. 18. ) All electric wiring and telephone cables and other utilities within the subdivision shall be underground. Any exterior floodlighting must be non- glaring and subdued and must not be unreasonably objectionable to the occupants of adjacent properties. Alarm systems and any detached electrical or mechanical devices on the lot must not emit any noise to the exterior unless otherwise approved by the Grantor. 19. ) No living unit may be leased for periods of less than six months each, and no living unit may be leased for more than twice within a twelve (12) month period. The lessee and his family members and guests shall comply with and abide by all the PROTECTIVE COVENANTS as they may apply, . and in the event of failure to do so, the SETTLERS LANDING RESIDENTS ASSOCIATION, INC. or its designated successor or assign shall have all legal rights to enforce the 4 same by injunction or otherwise. Affordable unit homes shall not be leased and shall be owner occupied. 20.) No structure, whether residence, accessory building, or other improvements shall be erected, placed or maintained or used on the granted premises and no alteration, demolition, addition, or remodeling or changes to the exterior of any building or structure on such premises, shall be undertaken or made until complete plans and specifications, drawn in detail and to suitable scale by a professional architect, engineer or landscape designer, as may be required, showing the nature, kind, color, shape, extent, location, materials and other aspects of the project, shall have been submitted to, as the case may be, and approved by Jacques N. Morin, Trustee of SETTLERS LANDING REALTY TRUST or Martha M. Morin, Trustee of SETTLERS LANDING II REALTY TRUST or their designated successor or assign. Such prior approval shall be required for any excavation, grading or cutting of live trees, and shall, further, be required for, but not limited to, all improvements and features such as outside recreational equipment and/or facilities, fences, walls, decks, platforms, animal shelters, decorative art objects placed outside, solar panels, satellite dishes, exterior antennas and aerials of all types, windmills, outside heat pump, and/or air conditioning unit; also, landscaping, planting lawn and garden areas, driveways, parking areas, patios, play areas and outside clothes drying areas; also, sewerage disposal systems. The above Trustee(s) or their designated successor or assign, shall have the sole right to refuse to approve all or any portion of such submitted plans and specifications which, in the Trustees opinion, call for things not suitable, appropriate or desirable for aesthetic or other reasons, taking into consideration, among other factors, the harmony to be maintained within the immediate neighborhood and within the subdivision as a. whole. 21. ) Construction of improvements and all landscaping on any lot shall be diligently prosecuted and completed within a time frame that has been agreed upon and done in such a manner so as not to adversely affect any other lot owner. The owner shall insure that dust and noise during construction are limited by reasonable daylight hours and in no event prior to 7 A.M. A suitable rubbish container and a portable toilet shall be provided during construction periods and the work site is to be maintained in a clean and neat condition. 22. ) A breach of any of the foregoing restrictions shall give to the Grantor, his successors or assigns, the usual legal and equitable remedies to recover damages and to enjoin violations and the right to enter upon any lot and abate and remove, at the expense of the party at fault, any erection of work that may be therein contrary to the interest of these restrictions without being deemed guilty of any manner of trespass therefore. These protective covenants are intended to benefit not only the property owners within the subdivision known as "Settlers Landing I and Settlers Landing II," but to benefit the abutters and surrounding neighborhoods. Accordingly, to the extent permitted by law the Trustees of the Cobblestone Landing II Trust under a declaration of Trust dated January 11, 1989 and recorded in the Barnstable County Registry of Deeds in Book 6592, Page 42 having a mailing address of 50 Centerboard Lane, Hyannis, Mass. 02601 shall in addition to the Grantors, their successors or assigns, be entitled to enforce the Covenant 5 # 5 and 10 by any legal or equitable means, including the obtaining of injunctive relief or damages. 23. ) By the acceptance of a deed to any property within SETTLERS LANDING, the Grantee therein named, for himself, his heirs, executors, administrators, successors and assigns, agrees to become a member of SETTLERS LANDING RESIDENTS ASSOCIATION, INC., and to pay an annual assessment to said Association, said assessment to be a proportion of the actual annual cost of the maintenance, operating expense, repair, improvements, assessments or other expenses incurred on any of the ways and common areas or other improvements of SETTLERS LANDING, all as set forth in the By-Laws of SETTLERS LANDING RESIDENTS ASSOCIATION, INC. IN WITNESS WHEREOF, We have hereunto set our hand and seal this day of , 2005. Jacques N. Morin, Trustee SETTLERS LANDING REALTY TRUST Martha M. Morin, Trustee SETTLERS LANDING II REALTY TRUST COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. 2005 Then personally appeared before me the above-named Jacques N. Morin, Trustee of SETTLERS LANDING REALTY TRUST and Martha M. Morin, Trustee of SETTLERS LANDING II REALTY TRUST and acknowledged the foregoing instrument to be their free act and deed before me. Notary Public My commission expires: 6 � 1G COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. DEPARTMENT OF HOUSING AND COMAIUNITY DEVELOPMENTHOUSING APPEALS COMMITTEE SETTLERS LANDING REALTY TRUST, ) Appellant, } V. ) TOWN OF BARNSTABLE ZONING BOARD ) OF APPEALS, Appellee. ) DOCKET NO. 01-08 V. ) TRUSTEES OF THE COBBLESTONE ) LANDING H TRUST ) and NL RRYELLEN WALKER, ) Amici and ) Moving ) Intervenors ) PROTECTIVE COVENANTS AGREEMENT WHEREAS, Jacques N. Morin,Trustee of Settlers Landing Realty Trust (hereinafter"Appellant" or"Morin') and the Trustees of Cobblestone Landing Trust (hereinafter"the Trustees"formerly identified as The Trustees of Cobblestone Landing II Trust under a declaration of Trust dated January 11, 1989 and recorded in the Barnstable County Registry of Deeds in Book 6592,Page 42 having a mailing address of 50 Centerboard Lane,Hyannis, MA 02601)have entered into a Neighborhood Settlement Agreement of even date. Whereas, the parties have agreed in said Neighborhood Settlement Agreement and a Sewer Easement Agreement that the Appellant or his successors and assigns will impose certain Protective Covenants upon the developments that are the subject of the Neighborhood Settlement Agreement;. Now therefore it is hereby agreed-that the attached document entitled Declaration of Protective Covenants for Settlers Landing are and shall be the Protective Covenants to be imposed upon the aforementioned developments. Executed as a sealed instrument. Dated: November 18, 2004 TRUSTEES BY THEIR ATTORNEY: 77 Charles M. Sabatt,Esq. BBO#436740 25 Mid Tech Drive West Yarmouth,MA 02673 Tel: 508-775-3433 APPELLANT BY ITS ATTORNEY Michael D. Ford BB O 174440 72 Main Street PO Box 665 West Harwich, MA 02671 (508) 430-1900 f DECLARATION OF PROTECTIVE COVENANTS FOR "SETTLERS LANDING" WHEREAS, it is the intention of Jacques N. Morin, Trustee of SETTLERS LANDING REALTY TRUST I and Martha M. Morin., Trustee of SETTLERS LANDING REALTY TRUST II to create a desirable residential neighborhood in a natural wooded setting for the house lots in the subdivision; and to encourage the erection of attractive homes, properly designed; and to secure proper and pleasing site development and to ensure a high quality of community appearance. AND WHEREAS, the plans referred to herein below comprise "market rate homes" as well as a smaller percentage(20% &25%respectively) of"affordable homes" as required by both state law and by local ordinance, it is the intent to apply these covenants equally as written to both market rate and affordable homes except as otherwise herein provided. THEREFORE, to protect and preserve natural beauty and scenic views and create a desirable residential community and to increase the value of said lots 1 through 20 on plan referred to below as Settlers Landing I and of said lots 1 through 29 on plan referred to below as Settlers Landing Realty Trust II, hereinafter collectively referred to as "Settlers Landing", for the mutual enjoyment and privacy of all those presently owned and to be conveyed to the future(49)building lot owners, KNOW ALL MEN BY THESE PRESENTS: That Jacques N. Morin, Trustee of SETTLERS LANDING REALTY TRUST I, and Martha M. Morin,Trustee of SETTLERS LANDING REALTY TRUST II,being the owners of certain real estate in Barnstable, Barnstable County, Massachusetts, being known and designated as, "SETTLERS LANDING", do hereby make and declare said premises to be subject to the following covenants,restrictions and conditions hereinafter set forth, which are imposed for the benefit of the Grantors and their successors in title and which shall apply to all of'the (49) lots in said "SETTLERS LANDING REALTY TRUST I and SETTLERS LANDING REALTY TRUST II", and shown on a plan entitled: "SETTLERS LANDING I"; subdivision plan of land in (Hyannis) Barnstable, Mass., prepared for SETTLERS LANDING Realty Trust; Jacques N. Morin, Trustee; Scale: l" = 100; _, 2004; by Down Cape Engineering, Inc.; 939 Main Street, Route 6A,Yarmouth Port,Mass., and recorded in Plan Book , Pages_&—and on a plan entitled "SETTLERS LANDING II"; subdivision plan of land in (Hyannis) Barnstable, Mass., prepared for SETTLERS LANDING Realty Trust II; Martha M. Morin, Trustee; Scale: 1" = 109; _, 2004; by Down Cape Engineering, Inc.; 939 Main Street, Route 6A,Yarmouth Port, Mass., and recorded in Plan Book , Pages 1.) No trade or business activity shall be carried out upon the granted premises. 2.) No commercial vehicle shall be parked in the open overnight. 3.) No animals of any kind shall be kept except household pets, but in any case limited to no more than two domestic dogs and/or cats. None shall constitute a nuisance or be troublesome or objectionable to the occupants of adjoining nearby properties. 4.) No building or structure shall be erected on any lot except one single family dwelling containing no less than 1,100 square feet of habitable living space for a "ranch" style or no less than 1,400 square feet of habitable living space for a "1 1/2 or 2" story house as specified in Item #5. The Grantor reserves the right to waive up to twelve percent of said floor requirement if in the opinion of the Grantor said reduction results a more functional and/or aesthetically pleasing design for the intended lot. 5.) No structure shall be constructed, built, erected or maintained within 20 feet of a rear lot line. Notwithstanding this restriction, a tool or storage shed may be constructed within the rear yard 20 foot setback area so long as the same is set back 10 feet from the rear lot line, is of wood frame construction only, is no larger than 120 square feet, and is built in compliance with all of the other protective covenants, including but not limited to Covenant#20. For purposes of these restrictions a structure shall include, but not be limited to a building, dwelling, garage, automobile port, shed (other than a tool or storage shed in compliance with this restriction) gazebo, pergola, arbor, swimming pool, fence, animal shed or shelter, deck, platform, tennis court, platform tennis court, basketball court, concrete pad, wooden pad, decorative art objects placed outside, solar panel, satellite dish, exterior antenna and/or aerial of all types, windmill, outside heat pump, air conditioning unit, or any other combination of materials assembled to form a structure. Notwithstanding this provision, a fence may be placed ten feet from a rear lot line so long as the same has been approved pursuant to Covenant#20 and so long as the interior and exterior of the fence are placed properly so that exterior surface faces the rear lot line and the interior surface faces the interior of the lot. 6.) The exterior of all dwellings must be of a traditional or modified Cape Cod, Salt Box,Ranch, or Colonial design. 7.) All main roofs shall have a minimum .9-inch per foot slope for Ranch and Colonial style homes and, except for dormers, an 11-inch per foot slope for Capes or Saltboxes. .Materials shall be an architectural grade shingle. Siding shall consist of red cedar stained or painted.clapboard on the front elevation and white cedar shingles on the side and rear elevations. 8.) Any garage so constructed on any lot shall be attached to the dwelling, shall be set back a minimum of twenty feet from the front lot line and shall be constructed of materials similar to that of the dwelling. 9.) All dwellings shall have an outside post light to the front of the property within. 15' of the front lot line and shall be on a stained or painted.white decorative post; type as specified by Grantor. An alternate lighting or lighting location may be granted or required for lots abutting cul-de-sacs where, in the opinion of the Trustee, such modification avoids a clustered appearance of lighting. Except those mailboxes which are attached directly to the residential dwelling, any mailbox installed on any dwelling site shall have the color white as the primary and predominant background color and shall be placed upon a white stained or painted wooden post, type as specified by Grantor. Plastic type newspaper boxes are prohibited on any lot within"SETTLERS LANDING". 10.) No live trees exceeding 6" in diameter at a point 2 feet above ground level shall be disturbed from their natural growth except as may be necessary for construction of the dwelling, site development, or proper grading to assure the desired degree of visual aesthetics. There shall be a no clear zone for a distance of ten (10) feet from the rear lot line of each lot i a Settlers Landing. In the no clear zone there shall be no cutting of live trees. Only underbrush may be cut for maintenance purposes. 11.) No residential dwelling constructed on any lot is to be occupied until the exterior of the building is complete. Exterior of any building erected and landscaping and grading in connection therewith shall be completed within six months after commencement of construction. Also, no house trailers may be brought onto nor maintained on any lot at any time. For the purpose of marketing and security, the Grantor may utilize an area within the development for the temporary use as an on-site sales trailer which shall be removed after all lots are conveyed and which will be set back no further than 30 feet from a front lot line. All dwelling lots within "SETTLERS LANDING" shall be required to contain an underground sprinkler system and at minimum shall cover grassed areas from the front line of the home to the front property line and for the appearance of continuity, shall be further placed, maintained and utilized by each respective property owner to irrigate those grassed areas that extend from the front property line to the roadway. 12.) No signs shall be permitted on any lot except for one sign not over 1 and 1/2 square feet in area indicating the owner's name and/or identifying his property. Property owners shall first check with local sign codes to ensure compliance. , 13.) No rubbish or waste cans shall be placed outdoors at any time. No boats of any kind shall be kept or stored outside upon the premises. No outdoor clotheslines or drying yards shall be erected, constructed, installed or maintained upon or on the premises. While play of children is encouraged, any toys, bikes or similar play items shall not be stored overnight in the open as viewed from the street 14.) No metal buildings,trailers, or temporary structures shall be erected, parked or maintained on the premises. For the purpose of marketing and security, the Grantor may utilize an area within the development for the temporary use as an on site sales trailer which shall be removed after all lots are conveyed. 15.) . No noxious or offensive activity shall be carried out upon any property, nor shall anything be done thereon.which may be or become an annoyance or nuisance to the neighborhood. 16.) The structures and grounds on any property shall be maintained in a neat and attractive manner, lawns shall not exceed three and a half inches in height and the entire property shall be kept free of rubbish, debris or material of any kind which render the same unsanitary, unsightly, offensive, or detrimental to any property within SETTLERS LANDING. In the event of a default in the performance of these provisions and if such default shall not have been cured within fourteen (14) days after written notice thereof, the Grantors, their successors and assigns, shall have the right to enter upon said grass and vegetation; to remove dead trees, shrubs and plants; and to do all things necessary to place the property in a neat and orderly condition. The cost of any work so required shall become due and payable by the property owner or owners to the Grantors, their successors or assigns,immediately upon the completion thereof. 17.) The Grantors may delegate or assign any or all of their rights, powers and obligations under these restrictions to any person, corporation, association or agent, said assignment to be in writing and duly recorded in the Barnstable County Registry of Deeds. 18.) All electric wiring and telephone cables and other utilities within the subdivision shall be underground. Any exterior floodlighting must be non-glaring and subdued and must not be unreasonably objectionable to the occupants of adjacent properties. Alarm systems and any detached electrical or mechanical devices on the lot must not emit any noise to the exterior unless otherwise approved by the Grantor. 19.) No living unit may be leased for periods of less than six months each, and no living unit may be leased for more than twice within a twelve (12) month period. The lessee and his family members and guests shall comply with and abide by all the PROTECTIVE COVENANTS as they may apply, and in the event of failure to do so, the SETTLERS LANDING RESIDENTS.ASSOCIATION, INC. or its designated successor or assignshall have all legal rights to enforce the same by injunction or otherwise_ . g 20.) No structure, whether residence, accessory building, or other improvements shall be erected, placed or maintained or used on the granted premises and no alteration, demolition addition, or remodeling or changes to the exterior of any building or structure on such premises, shall be undertaken or made until complete plans and specifications, drawn in detail and to suitable scale by a professional architect, engineer or landscape extent, location designer, as may be required, showing the nature, kind, color, shape, t, , materials and other aspects of the project, shall have been submitted to, as the case may be, and approved by Jacques N. Morin, Trustee of SETTLERS LANDING REALTY TRUST I or Martha M. Morin, Trustee of SETTLERS LANDING REALTY TRUST n or their designated successor or assign. Such prior approval shall be required for any excavation, grading or cutting of live trees, and shall, further, be required for, but not limited to, all improvements and features such as outside recreational equipment and/or facilities, fences, walls, decks, platforms, animal shelters, decorative art objects placed outside, solar panels, satellite dishes,exterior antennas and aerials of all types, windmills, outside heat.pump, and/or air conditioning unit; also, landscaping, planting.lawn and garden areas, driveways,parking areas, patios, and play areas and outside clothes drying areas so long as such clothes drying areas shall be screened from view. The above Trustee(s) or their designated successor or assign, shall have the sole right to refuse to approve all or any portion of such submitted plans and specifications which, in the Trustees opinion, call for things not suitable, appropriate or desirable for aesthetic or other reasons, taking into consideration, among other factors, the harmony to be maintained within the immediate neighborhood and within the subdivision as a whole. 21.) Construction of improvements and all landscaping on any lot shall be diligently prosecuted-and completed within a time frame that has been agreed upon and done in such a manner so as not to adversely affect any other lot owner. The owner shall insure that dust and noise during construction are limited by reasonable daylight hours and in no event prior to 7 A.M. A suitable rubbish container and a portable toilet shall be provided during construction periods and the work site is to be maintained in a clean and neat condition. 22.) A breach of any of the foregoing restrictions shall give to the Grantor,his successors or assigns,the usual legal and equitable remedies to recover damages and to enjoin violations and the right to enter upon any lot and abate and remove, at the expense Of the party at fault,any erection of work that may be therein contrary to the interest of these restrictions without being deemed guilty of any manner of trespass therefore. These protective covenants are intended to benefit not only the property owners within the subdivision known as"Settlers Landing I and Settlers Landing II,"but to benefit the abutters and surrounding neighborhoods. Accordingly,to the extent permitted by law the Trustees of the Cobblestone Landing II Trust under,a declaration of Trust dated January 11, 1989 and recorded in the Barnstable County Registry of Deeds in Book 6592,Page 42 having a mailing address of 50 Centerboard Lane,Hyannis,Mass. 02601 shall in addition to the Grantors,their successors or assigns,be entitled to enforce the Covenant #5 and 10 by any legal or equitable means,including the obtaining of injunctive relief or damages. 23.) By the acceptance of a deed to any property within SETTLERS LANDING, the Grantee therein named, for himself, his heirs, executors, administrators, successors and. assigns, agrees to become a member of SETTLERS LANDING RESIDENTS ASSOCIATION, INC., and to pay an annual assessment to said Association, said assessment to be a proportion of the actual annual cost of the maintenance, operating expense, repair, improvements, assessments or other expenses incurred on any of the ways and common areas or other improvements of SETTLERS LANDING, all as set forth in the By-Laws of SETTLERS LANDING RESIDENTS.ASSOCIATION, INC. IN WITNESS WHEREOF, We have hereunto set our hand and seal this day of 2004. Jacques N. Morin,Trustee SETTLERS LANDING REALTY TRUST I Martha M. Morin,Trustee SETTLERS LANDING REALTY TRUST II COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this day of . 2004, before me, the undersigned notary public, personally appeared Jacques N. Morin, Trustee of Settlers Landing Realty Trust I and Martha M. Morin, Trustee of Settlers Landing Realty Trust II, proved to me through satisfactory evidence of identification, which was a Massachusetts drivers license, to be those persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily as Trustees of Settlers Landing Realty Trust I and Settlers Landing Realty Trust II, for its stated purpose. Notary Public My commission expires: Exhibit C PROJECT PERFORMANCE CONDITIONS 1. There will be no less than a ten(10') foot buffer zone around the perimeter of the proposed development site. This zone should provide that there will be no cutting or removal of any natural vegetation and trees. It should further provide that the property will be restricted so that there can be no future development within said buffer zone. No live trees exceeding 6" in diameter at a point 2 feet above ground level located anywhere on each lot shall be disturbed from their natural growth except as may be necessary for construction of the dwelling, site development, or proper grading to assure the desired degree of visual aesthetics. 2. No structure shall be constructed,built, erected or maintained within 20 feet of a rear lot line.Notwithstanding this restriction, a tool or storage shed may be constructed within the rear yard 20 foot setback area so long as the same is set back 10 feet from the rear lot line, is of wood frame construction only, is no larger. than 120 square feet, and is built in compliance with all of the protective covenants to be imposed upon each home purchaser by the applicant, including but not limited to plan approval. For purposes of this condition a-structure shall include,but not be limited to a building, dwelling, garage, automobile port, shed (other than a tool or storage shed in compliance with this restriction) gazebo, pergola, arbor, swimming pool, fence, animal shed or shelter, deck,platform, tennis court,platform tennis court,basketball court,concrete pad,wooden pad, decorative art objects placed outside, solar panel, satellite dish, exterior antenna and/or aerial of all types,windmill, outside heat pump, air conditioning unit, or any other combination of materials assembled to form a structure. Notwithstanding this provision, a fence may be placed ten feet from a rear lot line so long as the same has been approved pursuant to the applicable plan approval provisions of the Protective Covenants to be imposed upon the subdivision and so long as the interior and exterior of the fence are placed properly so that exterior surface faces the rear lot line and the interior surface faces the interior of the lot. 3. All electric wiring and telephone cables and other utilities within the subdivision shall be underground. Any exterior floodlighting must be non-glaring and subdued and must not be unreasonably objectionable to the occupants of adjacent properties. Alarm systems and any detached electrical or mechanical devices on the lot must not emit any noise to the exterior unless otherwise approved by the Grantor. 4. The development will be restricted so that building heights will comply with current zoning standards. S. Once construction of any single family residential dwelling has been commenced, t 29 said structure will be completed within a reasonable time; said time frame to be no greater than six months from the commencement of construction. 6. No dwelling units may be leased for periods of less than six months each, and no living unit may be leased for more than twice within a twelve (12) month.period. The affordable units may not be leased and shall be owner-occupied. 7. The development will comply with the terms of the proposed PIAHD before the Town of Barnstable and other applicable zoning regulations. 8. Affordable units will be dispersed evenly throughout the development so that " there will not be a concentration of units within one structure or within one area on the site. 9. The Developer will undertake all reasonable and necessary steps as may be required by the Town of Barnstable so as to control and prevent erosion of abutting properties caused by development of the site. 10. The site drainage shall be as required by the Town of Barnstable Engineering Department. 11. A vegetated buffer of mature vegetation ordered at least 5'-6' in height shall be planted along the common boundary between the property of Cobblestone Landing, Inc. and that of the applicant behind the parcel of land of the land shown as May 272, 193-3 (#50) with the land of the applicant and ending at a point defined by the intersection of the northerly boundary of the land shown as Map 272, 193-1 (#72), all as shown on a plan dated April 22, 2002 Site Plan Development of Parkside Village Condominiums,prepared for Bayberry Building Co., Inc. The applicant shall prepare and file with the Zoning Board of Appeals a screening plan to be entitled "Settler's Screening Plan" dated and signed by the Applicant Trees in the Screening plan shall be installed as each tot is cleared, developed and landscaped. Said plan is to provide for evergreen plantings (white pines, hemlocks, spruce, arborvitae or combinations of the same) ordered at 5'-6' height and to be planted at ten foot distance separation to be shown in said wa screening plan. If an existingg tree is m they preventing a 10 foot separation, then the Applicant shall either remove the tree or increase the 10 foot separation so as to keep the existing tree. 12 The Grantee shall complete landscape screening along each and every boundary line of the Proposed Site in accordance with and as required by the plan entitled "Settler's Screening Plan" dated and signed by the Grantee, a copy of which is attached hereto and marked as Exhibit 5. Trees in the Screening plan shall be installed as each lot is cleared, developed and landscaped. Said plan is to provide for evergreen plantings (white pines, hemlocks, spruce, arborvitae or combinations of the same) ordered at 5'-6' height and to be planted at ten foot distance separation as shown in Exhibit 5. If an existing tree is in the way t 30 preventing a 10 foot separation, then the Grantee shall either remove the tree or increase the 10 foot separation so as to keep the existing tree. . 13. Under no circumstances shall the Applicant construct, erect, or install on the Proposed Site any more than 49 single family homes. Forty-four of the homes. shall consist of no more than 3 bedrooms each. The remaining five homes may contain more than three bedrooms subject to all applicable local, regional, state, or federal laws, statutes, regulations, by-laws, or ordinances, provided that such five homes shall not be placed upon lots that abut one another. 31 t4 ORDERED AT 5'-6' HIGH EVERGREEN PLANTINGS SPACE AVERAGING AS SHOWN TO INFILL BETWEEN EXISTING TREES. 10, 10 NO CLEARING BUFFER ALL EXISTING TREES TO BE RETAINED. UNDERGROWTH MAY BE CLEARED ONLY. 10,000 A 10,000 A 10,000.5f LOT LOT LOT y®-uT SK-ETCH PLAN Settler's Landing Screening Plan LOCATION : CASTLJEWOOD.CIRCLE, HYANNIS SCALE 1" 30' DATE : 11-09-04 off 508-362-4541 (a% 508 362-900 PREPARED FOR: down cape engineering, inc- CIVIL Trust (� CIVIL ENGINEERS Settlers Landing V LAND SURVEYORS J06 i�11 00-018 939 main st. yarmouth, ma EXISTING TREES TO BE RETAINED WITHIN THE / LOT 8 EASEMENT TO THE EXTENT FEASIBLE BY CONSTRUCTION. 1�� O DENSE EVERGREEN PLANTINGS N TO BE ORDERED AT 5'-6' TO BE PLANTED AS U INDICATED. Q / "v I N I (SE�yROAOwAY RER ES V 111MV. ER 'ASEMENr E� ARE4 61.2 ARC) LOT 9 - S. 0 10,000 � �S 0 Sys SEWER LINE 1N s E ES MS ENT zC-) i z � �w S 0 / LOT 10 \ - 10,000 J • m V SE ENT LANDSCAPEAleINIS LOCATION : CASTLEWOO]D CIRCLE, HY SCALE 1" = 30 DATE : 11-09-04 °„ 5DB-362-454' PREPARED FOR: t°x 5DB 362-986D down cape engineering, inc. settlers Landing Realty Trust , CIVIL ENGINEERS LAND SURVEYORS JOB -a 00-018 ss9 main st. yarmouth, ma DECLARATION OF TRUST ESTABLISHING SETTLERS LANDING REALTY TRUST I, Jacques N. Morin, of 300 Bearses Way,Hyannis, MA 02601, hereby declare that I hold any and all property that may be conveyed to me as Trustee hereunder for the sole benefit of the beneficiaries for the time being hereunder,upon the terms herein set forth. 1. The.term "Trustee" or"Trustees," wherever used herein, shall include such person or persons who hereafter are serving as Trustee or Trustees hereunder, and the rights,powers, authority and privileges granted hereunder to the Trustees may be exercised by such person or persons, subject to the provisions hereof. 2. The trust hereby established shall be known as "SETTLERS LANDING REALTY TRUST" 3. The original beneficiaries of this Trust are shown on the Schedule of Beneficial Interests executed this.day by them and the Trustees, and filed with the Trustees. 4. The Trustee shall hold the property conveyed to him as Trustee, and receive all the gains and profits therefrom for the benefit of the beneficiary or beneficiaries from time to time (hereinafter called the "beneficiaries"), and shall make all distributions pursuant to the directions of the beneficiaries. Provided,however, the Trustee acknowledges and agrees that the Trust has been formed for the purpose of qualifying as a limited dividend organization as defined in the Code of Massachusetts Regulations at Chapter 760, Section 30.02(f) and 37.02(8), as amended, and by the Commonwealth of Massachusetts Housing.Appeals Committee. The Trust will sponsor low or moderate income housing developments as defined in Massachusetts General Laws, Chapter 40B, Sections 20-23, and the.regulations promulgated pursuant thereto, and will participate in the New England Fund Program of the Federal Home Loan Bank of Boston, or other housing program eligible under said statute and regulations. In recognition and consideration of the foregoing, the Trust will operate under the following restrictions which may not be amended or deleted until every such development has been completed and all program requirements complied with: 'The Trust shall not engage in any activity or take any action with respect to the completion of any development in which the Trust shall realize a profit of more than twenty percent(20%) of total development costs, as defined in the applicable program. Furthermore, the Trust shall not make any distribution nor declare any dividend which would constitute a profit exceeding twenty percent(20%) of total development 1 costs, as above defined and shall comply with all requirements of the New England Fund Program or other eligible program in connection with development of low or moderate income housing under said statute. 5. Subject to the consent of the beneficiaries, the Trustees shall have full power and authority to deal with all property conveyed to them as Trustees hereunder. The Trustees shall have full legal title to all property of the Trust,wherever located or situated, at any time held or received by them as Trustees under terms of this Trust. 6. Except as expressly provided in this instrument, the Trustees shall have no power to deal in or with the trust estate, except as directed by the beneficiaries. When, as, if and to the extent specifically directed by the beneficiaries,the Trustees shall have full power and authority to sell, assign,mortgage, deal with,or otherwise dispose of, all or any part of the.trust property (including, without limitation, the full power and authority to delegate, by a writing signed by one Trustee, to any person or persons, acting singly or together with others, and whether or not serving as a Trustee hereunder, full power and authority to sign checks, drafts, notes,bills of exchange, acceptances,undertakings and other instruments or orders for the payment, transfer or withdrawal of money for whatever purpose and to whomsoever payable, including those drawn to the individual order of a signer, and all waivers of demand,protest, notice of protest or dishonor of any check, note,bill, draft or other instrument made, drawn or endorsed in the name of said trust), and as lessor or as lessee, to execute and deliver leases and sub-leases, and to borrow money and to execute and deliver notes or other evidence of such borrowing, and to grant or acquire rights or easements and enter into agreements or arrangements with respect to the trust property. Any one Trustee may exercise the powers of all Trustees hereunder. 7. Any and all instruments executed pursuant to powers herein contained may create obligations extending over any periods of time,including periods extending beyond the date of any possible termination of this Trust. 8. Notwithstanding any provisions contained herein_no Trustee shall be required to take any, action which will, in the opinion of such Trustee, involve him in any personal liability unless first indemnified to his satisfaction. Any person dealing with the Trustees shall be fully protected in accordance with the provisions of Paragraph 16 hereof. 9. The trust shall terminate ninety-nine(99)years after the life of the last to die of Jacques N. Morin, unless sooner terminated as hereinafter provided. 10. Any Trustee hereunder may resign by written instrument signed and acknowledged by such Trustee and recorded with Barnstable Registry of Deeds. 11. Succeeding or additional Trustees may be appointed or any Trustee removed by an instrument or instruments in writing, signed by the beneficiaries, provided, in such case, that such instrument or instruments, or a certificate by any Trustee stating that a Trustee or Trustees have been so appointed or removed, and, in the case of any appointment, the acceptance in writing by the Trustee or Trustees appointed, shall be recorded with said Deeds. 2 Notwithstanding the foregoing, in the event of the death of a Trustee or resignation of a trustee pursuant to Section 10 hereof,prior to the appointment and acceptance of appointment of a successor or additional Trustee, then Martha M. Morin of 300 Bearses Way, Hyannis, MA 02601, shall become a Successor Trustee hereunder, effective upon the recording at said Deeds of his acceptance of appointment and of either a Death Certificate or resignation, as applicable, of the previous Trustee. 12. Upon the appointment of any succeeding Trustee, the title to the trust estate shall, thereupon, and without the necessity of any conveyance,be vested in said succeeding Trustee jointly with the remaining Trustees, if any. Each succeeding Trustee shall have all the rights, powers, authority and privileges as if named as an-original Trustee hereunder. 13. No Trustee shall be required to furnish bond. 14. The Declaration of Trust may be amended from time to time by an instrument in writing signed by the then Trustee(s)hereunder and authorized by the beneficiaries and acknowledged by such Trustee(s) or beneficiaries,provided, in each case, that the instrument of amendment, or a certificate by the Trustee setting forth the terms of such amendment, shall be recorded with said Deeds. 15. No Trustee hereunder shall be liable for any error or judgment nor for any loss arising out of any act or omission in good faith,by such Trustee,by any other Trustee or by any agent employee or representative of the Trustee,but shall be responsible only for his own willful breach of trust. The Trustees and each agent,employee or representative of the Trustees shall be entitled to reimbursement out of the trust property for his or their reasonable expenses and outlays and shall be indemnified and reimbursed for any personal loss, cost, liability, expense or damage by them or any of them incurred or suffered in the administration of the trust property or in conducting any business or performing any act authorized or permitted by this trust, but such indemnity or reimbursement shall be limited to the trust property and no beneficiary shall be personally or individually liable therefore to any extent. No license of court shall be requisite to the validity of any transaction entered into by the Trustees. No purchaser or lender shall be under any liability to see to the application of the purchase money or of any money or property located or delivered to the Trustees,=or to see that the terms and conditions of this Trust have been complied with. 16. Every agreement, lease, deed,mortgage or other instrument executed by any one Trustee shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that, at the time of the delivery thereof, this trust was in full force and effect and that the execution and delivery thereof was duly directed by the beneficiaries. The powers of the Trustees may exercised by any one of the Trustees, and every agreement, lease, deed, mortgage or other instrument executed by any one Trustee shall be valid and binding on all Trustees and this Trust. Any person dealing with the trust property or the Trustees may always rely, without further inquiry, on a certificate signed by any one person, appearing from the records of said 3 L Deeds, to be Trustee hereunder as to who are the trustees or the beneficiaries hereunder, or as to the authority of the Trustees to act, or as to the existence or non-existence of any fact or facts which constitute conditions precedent to acts by the Trustees, or which are in any other manner germane to the affairs of this trust. 17.Notwithstanding anything to the contrary herein contained, the Trustees shall have authority to hypothecate or mortgage all or any part of the trust property, on such terms as the Trustees may deem advisable. 18. Except as otherwise herein provided, every act or thing done and every power exercised or obligation incurred by a Trustee in the administration of this Trust or in connection with any business property or concerns of this trust, whether ostensibly in his own name or in his capacity as Trustee, shall be done, exercised or incurred by him as a Trustee and not as an individual; and every person contracting or dealing with the Trustees or any of them or having any debt, claim or judgment against them shall look only to the funds and property of the trust for payment or satisfaction and no Trustee,beneficiary or agent of the trust shall ever be personally liable for or on account of any contract,debt, tort, claim, damage,judgment or decree arising out of or in connection with the Trust property or the conduct of the business of the Trust. A stipulation or notice to this effect may be:inserted in any contract or instrument executed by the Trustees or their agents,but the omission thereof shall not be construed as a waiver of the foregoing provision and shall not render the Trustees or their agents personally liable. Notwithstanding the foregoing,however, the restrictions contained within this Paragraph shall not apply to any agreement or obligation,provided the same is in writing, and further provided the signature of the Trustee involved appears immediately above, or next to the word "individually". WITNESS the execution hereof under seal, this 3 day of August, 2000. )a�c�qs"NMorin COMMONWEALTH OF MASSACHUSETTS Barnstable, ss dv,9 3 , 2000 Then personally appeared the above-named JACQUES N. MORIN and acknowledged the foregoing instrument to be his free act and deed before me. Notary Public My Commission Expires: 4 r .� (r( "SUBSTITUTE.TEXT:FOR ITEM 2004-114 PRIVATE INITIATED AFFORDABLE HOUSING DEVELOPMENT DATED NOVEMBER 18,2004' B. NEW BUSINESS (MAY BE-ACTED UPON) ' Barnstable Town Council 2004-114 TO SEE IF TOWN COUNCIL WILL VOTE TO AMEND.THE ZONING ORDINANCE BY ADDING THE FOLLOWING PROVISION TO THE RC-1 RESIDENTIAL C-1 ZONING DISTRICT AS A NEW SUB-SECTION 3-1, 4 (4)(B)3 AS FOLLOWS INTRO.: 06/17/04 n NOW THEREFORE, THE TOWN COUNCIL OF THE TPWN OF BARNSTABLE MASSACHUSETTS DO ORDAIN AS FOLLOWS: ORDERED: i SECTION 1 That Chapter III, Article III of the Ordinances,the Zoning Ordinance,be amended by adding the following new special district provision Section 3-1.8,.Private Initiated' Affordable-Housing Development that shall read as follows: •"3-1.8 Private Initiated Affordable Housing Development 1. Purpose. The purpose of this Section is to authorize by special permit privately initiated affordable housing by for-profit or not-for-profit organizations that; A) Provide for residential development in a manner that is'consistent with existing neighborhood development in terms of density and housing types; and B) Authorize an increase in the permissible density of housing in a proposed development,provided that the applicant shall, as a condition for the grant of said special permit, provide housing for persons of low or moderate income. 2. Definitions. A) Affordable Unit: A dwelling unit reserved in perpetuity for ownership by a household earning less than 80%of area median family income, and priced to conform with the standards of the Massachusetts Department of Housing and Community Development(DHCD) for ownership units set forth.in..760 CMR 45.03(4), in order that such Affordable Units shall be included in the DHCD Subsidized Housing Inventory. B).Applicant-The person or persons;including a corporation or other legal entity, who applies for issuance of a special permit for construction of a Private Initiated Affordable Housing Development(PI-AHD),hereunder, The Applicant must own, or be the beneficial owner of, all the land included in the proposed PI-AHD, or have authority from the owner(s)to act for the owner(s) or hold an option or contract duly executed by the owner(g) and the Applicant giving the latter the right to acquire the land to be included in the site. onnn_t 1AV;11aaPnPVPInnrPv111 R04final C) Bedroom -A separate room within a dwelling unit intended for,.or which customarily could be used for, sleeping. D) Private Initiated Affordable Housing Development(PI-AHD)—A development of single-family residential dwellings (detached), including required Affordable Units, and permissible accessory structures on seven(7) acres or more authorized by special permit from the Planning Board as set forth herein. 3. Application..An application for a special permit for a PI-AHD shall.be submitted to the Planning Board on forms furnished by.the planning Board,•accompanied by the following: A) Information pertaining to any association which the:Applicant proposes to form for the private management of the PI-AHD. B) Copies of all proposed documents as required for the subdivision,including architectural rendering and layouts of proposed homes to be built and landscaping ply C) Copies of proposed deed restrictions and monitoring agreements, drafted consistent with all requirements Qf 760 CMR 45 Local Initiative Program(LIP) and guidelines promulgated there under assuring the affordable units remain affordable in perpetuity, and assure the resale of Affordable Units at the restricted price, and providing a right of first refusal in favor of the Town. D) Copies of the application and accompanying materials shall be transmitted forthwith to the Barnstable Housing Committee for review and comment. Said Committee shall have 45 days after receipt thereof to make written recommendations to the Planning Board. Failure to make such written recommendation shall be deemed alack of opposition thereto. 4. Standards. In order to be eligible for consideration for a special permit, the proposed PI-AHD shall meet all of the following standards: A) Qualifying Area. The site shall be located entirely within the RC-1 Zoning u •District*and shall contain at least seven(7) contiguous land acres. p B) Compliance with Applicable Regulations &Standards: All plans'and development shall comply with all applicable.standards of the Planning Board's Subdivision Rules-and Regulations,including such waivers as may be.granted by the Planning Board. C)Wastewater: All dwellings within•the PI-AHD shall be connected to the municipal Wastewater Treatment Facility. D) Lot Shape Factor: The numerical lot shape factor as required in Section 2-3.4 of the Zoning Ordinances shall not apply. However no pan-handled lot shall be created to a depth greater than two (2)lots from the principal way. E) Bulk Regulations—For all lots and building within the-PI-AHD the following Bulk Regulations shall apply: 2004-114VM ageDeveloprev 111804final MIN.LOT AREA MIN.LOT MIN.LOT MI1411v1UM YARD MAXIMUM SQ.FT. FRONTAGE IN WIDTH SETBACKS IN FT.(2) BLDG. FT. . 1N FT. HEIGHT IN FT. FRONT SIDE REAR 10,000 50;20 for a lot 651'1 .15131 10141 20t41 30* on the radius of a cul de sac *Or.two and obe-half(2-1/2)stories whichever is lesser. --� (1)The Planning Board may grant a waiver to the Lot width requirement to individual lots located on the radius of a cul-de-sac provided that the grant of the waiver will result in a proper alignment of the home to the street. (2)Accessory Structures that requires a building permit shall be required to conform to all setback requirements. (3)Accessory garages,Whether-attached' or detached,shall require a minimum front yard setback of _ twenty(20)feet. (4)The Planning Board may require a planted buffer area within any required rear or side yard setback area F) Parking: A minimum of two (2).on-site parking spaces per dwelling unit shall be provided. A one car garage shall count as one parking space. A two car garage shall count as two parking spaces. G) Phasing: The applicant, as part of the application for subdivision approval, may propose a phasing plan identifying the number of building permits requested to be issued in each year of'the phasing plan. The Planning Board, upon a finding of good cause,may vary the provisions of Section 4.9 (5) (a)-(b) and.(6)Cb)(i)- (iii)herein and allow for the allocation to the applicant of the number of building permits proposed in the phasing plan or any different number that the Planning Board deems appropriate,provided th4t at the time of the granting of. the special permit,that the determined number of building permits are available and that no more than 14 of each year's allocation under Section 4.9 (5)(a) and (b) shall be allocated to the applicant. Every permit allocated to the applicant by the Planning Board shall be included as part of the yearly building permit allocations under Section 4.9 (5)(6)-(b). There shall be no extension of a- Building Permit granted under aphasing Plan and any unused and/or expired permits shall be credited back as part of the adjustments under Section 4.9 (5) (d) for the next calendar year. I-1) Visitability: The Planning Board may require that some or all of the dwelling units provide access for visitprs*in accordance with the recommendations of the Barnstable Housing Committee. 5. Affordable Units: At least 20% of the dwelling units shall be Affordable Units, subject to the following conditions: A) The Affordable Unit shall be affordable in perpetuity. A Deed Rider shall assure this condition. The Deed Rider shall be structured to survive any and all foreclosures. IMM41 14Vi11A"-Tleve1nnrev111804final B) The continuing enforcement of the Deed Rider through subsequent resale of the Affordable Units shall be the subject of a Monitoring Agreement C) The Deed Rider and the Monitoring Agreement shall be drafted in compliance with 760 CMR 45.00 Local Initiative Program(LIP) and guidelines promulgated thereunder. The Deed Rider and'the Monitoring Agreement shall be subject to review and approval by the Planning Board and approved as to form by the Town Attomey's Office prior to the issuance of a certificate of occupancy for any dwelling unit. D) The Affordable Unit shall conform to the standards of the Department of Housing and Community Development(DHCD)for inclusion in the DHCD Subsidized Housing Inventory. ; E) A right of first refusal-upon the transfer of such Affordable Units shall be granted to the Town or its designee for a period not less than 120 days after notice thereof. F) The Affordable Units shall not be segregated within the PI-AHD.The Affordable Units shall satisfy the design and construction standards and guidelines of the Local Initiative Program,760 CMR 45.00,with regard to distinguishability from market rate units. It is the intent of this ordinance that the Affordable Units . shall be eligible for inclusion in the DHCD Subsidized Housing Inventory as LIP units G) The Affordable Units shall be constructed, and occupancy permits-issued at the . rate of one (1)Affordable Unit for every four market rate units. H) In computing the number of required Affordable Units, any fraction of a unit shall be rounded up, and the result shall be the number of Affordable Units to be built within the PI-AHD and not off site. I) No special permit shall be granted unless the affordable dwelling units have been approved by the DHCD as eligible for the Affordable Housing Inventory under 760 CMR 45.00,the LIP Program. 6. Decision. The Planning Board-may grant a special permit for a PI-AHD where it-makes the following findings: A) The proposed PI-AHD complies with all applicable Subdivision Rules and Regulations,the Zoning Ordinances and the requirements of this section except as they may be waived.by the Board; B) The proposed PI-AHD provides Affordable Units consistent with the requirements set forth herein; C) The proposed PI-AHD does-not cause substantial detriment to the neighborhood. 7. Relation to Other Requirements. The submittals and special permit required herein n nnA 7 7 At?.'1 1IQ INA=-...1 shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Ordinance. SPONSOR: DATE ACTION TAKEN d e �- R " E-COPY ATTEST W il°G►paL- �i c.r�Nerve- . ZcN i N G '��o o•� �Ph�''-S A'TRUE COPY ATTEST Tow oled BARNSI`AB�:E ' 2004-11.4V illaReDeveloprev111804fina1 A e C D E F G 16 i Settler's Landing -Barnstable, MA 08/31/05 2 - 3 ::; :::.:::16: Developer/Applicant/APPIicant SetUers La 9Real tYT �t::c; 4 b.rAfford8ble;'':;>:;r:;; :. :::::.:::::::::::.a::.;:.:. s:: 3. ;._.,.•::::::.::.25% Contractor/Bulider.Bayben-yy IdingCompany.Inc::::.. -rr..._.... ...............:.......-r.-.� ---- ;,.,a.:.k:..,.i�,.., ....N�:,,..;r:. ;; : .:.:: :::::::.3.55 ::5.63::Ai;ies:;:;:::;:::::::::::::::r': 5 �:.F;,,,:...,,,..:>:,��d,.)Total Umts....................... .....:......... ......,..... ......:.... 6 } 7 ,fib � .�;5 �i*� .¢b -�.�t�;� �'/: �.� 7"` � ..FJ'.��: •h *'�` i F .Ctn <� � RPo 591,023.58 1,S.F-All Markets::::.:: ::::: ::..:::.'::.::::?::25.134:s.f._::'::.$::'::.=2,513,408.52. 9 Site DeviopmenWtllltlesJLandscape;:.': ;'; 5 $:: ::::::; '.''::356,080.00: S.F=AMAffordables>. :. `..7,500.s.f.. 750,002.54 "a Actual Constructlon Cost':::`;:::::°: :::::::: :`::::: :`:::: $ r;::r:::.:3,263,411.06 Total S.FS.F.:Project:. , ......... ................... ........:..: ....... .......:......... tD coneradta .......::::.... .....:...._....:. ..._.:....::::::::::-_ �'�`;:y ' �:•°'`rift"= Unit Cost s:f. ;:::: To ContracWr 2096<:::' :::::.:; .°•.;.•;.:::::::::::::::::: $ ..::.::.;:';:::::852,88221 EsL Constr.Cost 1.2 Fee 13 Hard Coat Co#itingeec.. fi%::`.;';.'`;`.:`. :;`:`.::.:::.: .$ ::::::::..::::::.:.213,80T.66 Contract.Fee(20% $::.':: 662,682.21: :.:.:;: ::.: ;: ::: : ::::: :::::'::::. :::::::.::t.; :::.t::::, 1 550999.30 :.;:':::::;::: 14 Soft Cost......... -...:..:•.:.. , ::•:;::::::.:.:;•:::.:.:.::::.: :.:.: . ............. 15 To1alDevelo rnentCoet...........,:....:, :::::..,�,...:::::..: $; ::::::.::.6,B27,783.82 TdtalConstCost°_:;: ;:::;�::�:;i: �3.91B.093 ,'.:�::::r:::::`. :;�;:::':':`..:.: .:;:`:.�:_::•. ; 16 _ 1$ HARD COSTS :..:.:::.::...t .................y, ........: . 19. A uisiUon::::1::::.::.....:::.....:.:::.:.........:...:.....:........... . . ..... .... .... .....__...:..•..........:,........: ::. :...: . .. ..:::.:.:.::..29;551: :.:.:•�;: �:`::: `$::'.° `591.023:58' 2a Sdedevelopmerrt/ubNbesAaridsca�ing. .:.:.. ;....: ::.::-.;..:::.:...-� :::::.::.:...:.::.•::::.,....:_ ... .........:::.:::.:.:::.i7,80�J. :::$;;r::`•:::::356;060.00 21 Total Construction Cost....:.....................:...:::.;..::::.:::.:::...::..::....:::............ ...: :::. ..:.:...::..::�:��: �:;:::�:;.:•::::'.195,805 $ 3,916,093.28 22 Hard Cost Corrtingency C 5/0:..:. ..:......:... �:::,. .. .:...... :. � _.: 7 7 1 :•;•::..:.::.•;:::10,880.;.•:::::_:::. $ :;: :.213.807.B6 r:?:253 839 ::;:::::;':: 076 784.62: cosy:. :::.:::.: .: ::.:::::::::.::':;::: .:::::::::;;::;:;::::;::; :::::;:::::::;:::;:;;:,::;::::::.:;:.::.:.: s. . 23 Suti-Tot;il Hard �-:......::... _ ....� ... s, ............. . . .... ... ...... . .... .. ............ ............ ......... ...... 24 25 SOF T COSTS :...........::.:.:::::::::....::.:...::.:.::::: .:::..:-.... :...:. 26 appNcaUon fee A).:.::.:::::.................:......:........:.' ........,.:..:....::::::.:•::.:.: ..:.. .:. ..:.:.::.:.:.:,;.,.;:.::,:.: .:: ; :::::;:::;::_:::0 $ /roa .. .dbond...:...;.,.,...........:.:..:.:...... .:::::: '..:....: -.:•:.::::::::;::::; ::: ::::::.::::.::;:::::::.:1,Q$0` :`c: ;`: 5 ::`::::::::21.BDi:44 27 ennit fees 28 hook fees.1 L 17.... ........ .. ....:_..j.ar. ... ... 50 29 atchitecbrraUen ineerih ::: :.:.::::.:.::..::.::.::...:::..:..:::.:. ::....::'::::.::::`:.::�: ::::.::..r:;;.:: .'::`.,::::::...:.::':::.::.:r:,.: ::::::::::.:.:::::::.:•...�. 0.�:;.:':::`.' :. .$:::::::...,:.:.10;000.00 30 site en In 8 36 envir i+dull)..:.:::.�:::........:..:.:...:,�:.... ....:. .................. ...........�_...__.......... .......... . . ......._.,�:.:, . 00 `: ;:';.::;::: $ ..,....:..... ,00000 1 300 . 31 le al/titie/ rtnrttin &recording....... ; ... $ .... 25000.00 32 Insurance:.::: 7 7 _ $ 33 taxes .... . . :: _ :::.:::.:::::::::::::::...:: ::::;:;:;:':::: ..;:::3�139 ::::.:_:,,:_:: $'.::,:.:.:;5.;:;:82,77b.00: 34 seWrft :.:..::. $ . 35 a raisiaVdevelo`mehtconsultarit::::.:r .::.:.;: ::. ::::: :::.::::................:........:.....:.. ...::::......,:....... :::::::.:::;:::':::325 :::: :.: ; : 6 5 0:00 36 malhtenance/ublfies: :.::::: :.::...:::.:::...::...:. ............:.......,.::. ....,.......... ::.:. .:::.::;::....._ .. ..:...............,..:250 1::;: 37 accountin . .. .... 38 broke ecommisslonS market units 39 rtiarket(..:�affordabfeUnits'r;:;::;;.. :.:: r:.: :::: :::.:.: ::i:;:: •.r: 631.:;::; $:::.: ::.;;:12:627:00: 40 m ::..:....:...........:..... .. ,�; ::: :::;> .. _�. .5n 41 adveftna y _ _ S 12,000:00. - « 600: : 42 Sub-tbtAUG01erai Soft Cots:::::::::'::.: .� ::.# ..:.......:: ::: ::.. .:.:: 29.286 43 loan oint: .:.. >:.:::::::::...;:......:.................:.....::....:.... ...........:..::::. .................... ........ ..-:..:.... ,075 ... :::,::;::;;:211500.00 44 Bevel ovefiead (cant ..:.::;:: ;:.:.r:::::.:: :.. :.....::.::::: :..:...: :.:::: .. ...,. .. ...: .:...... .:...:... F $ 146287.87 45 donstruction managed 2%of TDC exd land.:, .. ......... .... .......... .. 4:::::`.:;.'i:'.: ::::_:.. :•...,..::.;,....:.:.::5 072 $:...:.::.:....101430:26 46 soft cost WntinBency 5/0:.;.._:.:::c::.:: r .:::.::::::.::.:;:::..::::.::..:.,,..,. .,...._...::....:.....:::..:.:...:.:..:.::.:..:.::.:...:.4.275 ....:......., .$.:::::.:.:::.85.497.00 47 constrcUon Wan interet;-.:::::-::-::r:.:•,:;::.:::, :::: ;: . > 290T3 $ 581;459:32 _._..,,.,...�._._ :.:5:29,072.97: 48 ca cost Conti ency-(5,b). .. . ... .... . ,: . . .i ... ......_ .... _ . . �. . ... ....:.r.:........ . _ _ _-__ ... 1 9.30 43 subtotal Ali soft Costs.::::::;::::::::::::.:::::.:::::::::.:;;:::►::::.;.-:::.;:::;::.`:::::'.;::.:,:::;.:;:.:::.:•:::;:;::: :;::.:.:�;� �:::::: ::::..,.. , �. . 5Fi0,98 PMENTCOSTS::.:::: ::::::::::::: ::: .:::: ::'::: ;.: 331,389.E:: t;� 5 .'°;;:.6,627,783.82. 50 TOTAL DEVELOPMENT ......... ... ..... . . . 51 a^ ,x 3 `^ wx C s4 i +r",�-ar r-. ' vct 'sc 5 � �e- ... '. .ia°rk y ,,� ?�'X`:S�'.�z'. - .,ix`.'',':.:ly'fi8�2�ti4i -�k',;,.r� v.:' : .. '�SY`-.�.: �' ,.a._�".: :.: ol -:.:. ..................... 53 Number of Units -::::.4.::::.:::::::::>. :::::�...:::: :::::::. :.:,............. .... ,::;:.Price...:::°.:::::: ::::::::::`::: ' :::::: Rave 54 ....:. .. ..... 15 .. Market::;: :: 55 .;.::.. . . . 5 i affordable:.:;::. Se®Aff.Wk.Sht < .: ; � $.;.:::::: . 841.800.00. _ 7 T 56 TOTAL REVENUE ............ .......... .. .. . .. .. . . .... . . ... 57 -:.:...........:.................................:.i,..:::.: ::.:::.: ::._:::::::•:::.: ::.i:. :...... .......s. :::::.:':7,42 6 769.10 59 Total Revenue.. :......: :::.....::::.:::::: €;$ ... .... .:..:::;;:s:: ::::::: 6 627 783:82 6u Total Dedelopmeht Cost ..�: .:� i �,..� _.,). 61 Devefo meritFee Profit :;r: :.;.'.' a. — + $ �l 798,985.28 62 Development Fee as%of Total Development Cost From Nov.18;2004 Forward:::..;;:..:::: -::: 03 ITotal Development Pre-Cost for Settlers Landing Realty Trust Prior to Noy..18.2004 reemeht to SetUe) 355,000 64 Total Develo ment Pre-Cost and Develo merit Cost from Nov:18;2004 F6rWard For purpose of final certification} 6,982,784:. 65 �.:..................._;......,. �...::: �.::::.'.-. �.:-:):..t �::::::.':::: ..;: �:::.:.:::1:::-l::>:::�.r:::;;ir.::.iii:.:., .1� i';:�;.:::::r..`.r;::.,:>:Gy:: t�:: ©� Devel meat Fee Profit ::..,.... {,...,:.. :.:... .,;..... ! ......... 4 ...:.,... ..: ..443,985. 6 Development Fee as%of Pre-Cost and Development Cost from Nov.I k 2004 Forward..,:,,..., i - j 6.36°j a zyy Rig,M. , Y• � u w4 rg;m 1 t 1r.,. eta.�x. 4�-�. FM :v,..k Housing Cost: Hud Median Inc.-2005 Of. 4-Person 5-Person Sales Price Safes Price $150,670 $0 •a+.+•�s.. ............_wr.rs AN is' E„• ' 30 30 $903 yy :.. $80 _ $o. $98 $0 AM - $47,275 $854 Household Income: Sample Household size 4 .. . .. . ....... 80% 'Low-income" Limit $52,550 $176,500 $56,750 ,�. Mary m , 13 048 nu $51 , 643 , `.f'+,ay.u -i•_ 4Yr.G...0 ate:.. P,m.. $47,295 $158 600 $51,075 t eL' !}.� Y FW"3^'kr`.S.il hy.,iP ,.Y x�i •X r3. -3c X". 3 4 - rt ,'�i-1n�n: m�l.e.. .. 4•GROSS .. J' S•, d a .�,11�11C .t.i:,.,.a .•X'd'�t.._,...,,r�„$,-`e:4v SY::.I�....��' 8�:E` ..^ Y ..�•r'^'k\,�� F •.i-a•4 o- ..�v�u.,i��'.. �.-,. ,s ..r!;.rr.. v�Y. ; i•'�7.` � t[. •vt-( .itP, _ �Yi °: -,-wy ,...w�.,..:.....,n.,l.•.ry. >+"'�+� �q:w,.+":ay�:m- »..w '-�;.-.r-•,_...w,.,� w,,+,.wf�+ ��wr�,nxe,.eaw. ,,.�eFa,: ,�:'eC.�'*;'s,�eM,-�.�u:�«��a�.,.er.a�y,� ��w.x..,l: 5 b 2 r;. , r.arpy:rt aiwdK�f.Ww:[.n',wrww*f•I-M• ....:, :;; '.!Y+Y^".?� r�:'h` , : .. ..:v .. .. .. n... .. .... ......._. .... .:......_:'),.::'i :t ��; =;;;3 e. ,�,is 'ktr t',;..fia8 :'±,?di+y„+ � -'"'Jz, rt°t+:" ':il Ja: '-a Y.i' �,.,lao �.e :ai<;<a F`•v"-o-.- >�•' �=f �,s''...,.�a �„ ::-. •.t ;n,.r" -.J;. .y ff �..,.�.r.•.:•+�?; ...�Nx;,u -a;.,' � .<tv sir, �11f��• F�;Y;f.r, c,4rauc. "�'>r'a; _�"..�.�rx -,x�41��Fk �. 5y �" h � r�:S ,t Y "�•._ - {�v'�w•dr C�a. �i.<,.�.;. -rqc.�:. . .�"r T '-��Ei�`^ 7 �'�k..r�,r �'�'�i '� :[k;,�� : �*�!" ;s k. .�,^� ,F 'y.. a , ...,._.._+..F_...,__:•,.s_...,, ...��,.'�..k.Yv:iyi'rJ'.: �..'tl.1�3'w''at`.!+s .ca.w.. r."m�4k�..�°,,......F.i.. .�Y s. .. �•J'i:. ;�.•-+n- - ..w-,.+,..:.,+•-•.,...,w,=;.•.rd-.,,'w�.,a.,,.«,.:aa., .`d'e'ta"=-.un..••-i.n,w..+.«r�•ro -rrr.r«...+^- ,..�.p ` .,•r.�a�s A.w,a:.,+�+as:.n•w.nn. w. .,�..,,,�..',....«.- .". "„ ,a..„. NBedian Lncomg Barnstabl®Yarmouth ZQOS $ 65,6�a0 00,.. ,Y ,:. H •p•[+,wwry.sou!�rwi,xi,W:av�wr.+. �.. .. �.,YvweWe•�Nu+�F^"""' -warty,,.. T,..,,`n� > ,1' Wt<.; umber Home 'T:�r et<:Sell.. i` `1'rlc�� Total Ta : .:....: .:..,,.....:,..:. ,.:.., << t .t. •..,:.:.::.:cr .Si, : rus: 75%0;mediat incohe m.Barnstable Co'un '1 ..... $.: �f7 600 Otl $.:. 167:.,600 00 NONUNION ........... 78%.median,income 111 Barnstableo_�n ........, .: ::� .,: �: ... �.: ..:. . :.: , .......... „ ,.r To'tai. le ee of a►1 0 . ble.�un . . . .. , ... , ....::,:....,.::" .,,:,:.�._:.. �:$ 19 Other Program Components Minimum Design and Construction.Standards All low and moderate income housing units developed through the Local Initiative Program must be.-indistinguishable from market-rate units from the exterior unless the project has an approved alternative development plan. All low and moderate income units must contain complete living facilities including a stove, kitchen cabinets, plumbing fixtures, and washer/dryer hookup. All low and moderate-income units for families must have two or more bedrooms. Units for the elderly or handicapped accessible units are exempt from this requirement. It is recorrunended that at least 50% .of the low and moderate-income units for families have three or more bedrooms. All bedrooms should meet state sanitary code requirements for the accommodation of two or more persons (100-square feet minimum). In addition, all low and moderate-income units must meet the following minimum square footage requirements andbathroom requirements: 1 bedroom- 700 square feet\ 1 bath 2 bedroom- 900 square feet\1 bath 3 bedroom- 1200. square feet\ 1 & 1/2 bath 4 bedroom- 1400 square feet\2 bath Housing developed through the program must comply in full with the State Building.Code; with other state building and environmental regulations, and (to the degree not exempted by a comprehensive permit)with all applicable local codes,ordinances and bylaws. Alternative Development Plans Provided a project is developed as part of an alternative development plan approved by the Director,market rate units are permitted to be distinguishable on the exterior from affordable units. Alternative development plans are intended to provide communities with greater flexibility to create a diverse housing stock to meet the needs of a range of residents. Development plans should provide housing with a range of square footages and bedroom mixes for both market rate and low and, moderate-income units. Proportional numbers of units of each bedroom size should be maintained for market rate and affordable dwellings. While low and moderate income units in alternative development plan projects are not required to be indistinguishable from market rate units on the exterior, these units should be sufficiently integrated into the development so as to prevent casual identification. In developments comprised of detached single-family dwellings,this goal.can be accomplished by providing the same number of market rate and affordable units for each affordable exterior design type or.by situating multiple affordable units within structures that have comparable exteriors to the market rate units. Creative land use designs which minimize infrastructure costs and environmental impacts and/or maximize resident recreational areas and open space are encouraged. DHCD staff will review Alternative Development Plans as part of the application process and provide recommendations to project sponsors for modifications should the plan fail to be approved. The following- are two examples of acceptable unit mix scenarios for a hypothetical 24-unit development with six affordable units. Page zl Local Initiative Program Guidelines Scenario A: .Affordable Units Market rate Units Three 3.BRs @ 1,200sf. Three 3 BRs @1,200sf. Three 4 BRs @ 1,400sf. Three 3 BRs @ 1,400sf. Three 3 BRs @ 11.800sf. Three 4 BRs @ 1,800sf. Six 4 BRs @ 2,200sf. Scenario B: .Affordable Units Market rate Units One 2,400sf. duplex containing Six 3 BRs @ 2,400sf. Two 3 BRs @ 1,200sf Three 3 BRs @ 2,600sf. One 2,600sf. duplex containing Three 4 BRs @ 2,600sf. One 3 BR @ 1,200sf Six 4 BRs @ 2,800 sf. One 4 BR @ 1,400sf. One 2,800sf duplex containing Two 4 BRs @ 1,400sf. Consistency with Growth Planning Criteria Pursuant to state Executive Order No.385 ("Planning for Growth"), for new construction projects DHCD will take into consideration whether a proposed project is supported by local or regional growth management plans. Also pursuant to the Executive Order,"DHCD encourages proposals that seek to minimize unnecessary loss of environmental quality and resources that might result from the proposed development. Consistency With Critical Housing Needs General. The purpose of all state housing development programs, including the Local Initiative Program, is to address state, regional and local housing needs. The most critical needs in the Commonwealth are for family and special needs housing in general and low-income family housing in particular. DHCD will withhold approval from units or projects proposed in conjunction with the Local Initiative Program that, in context with other housing efforts by the community, are unresponsive to needs for family housing. Contingent Approvals. In communities that have previously developed low-income family housing, but have not done so in the previous five years, DHCD will make approval of elderly or moderate income units/projects through the Local Initiative Program contingent upon a written commitment by the community to develop additional low-income family housing. In communities that have never previously developed low-income family housing, DHCD will make approval of elderly or moderate-income units/projects through the Local Initiative Program contingent upon the concurrent development of low-income family housing. Page 22 Local Initiative Program Guidelines 20 1AProjectAdmk1DeedPidff 4/04 DEED RIDER For Comprehensive Permit Projects in Which Funding is Provided Through a Non-Governmental Entity , annexed to and made part of that certain deed(the"Deed")from ("Grantor")to ("Grantee")dated ,200_ RECITALS WHEREAS,the Grantor is conveying that certain real property more particularly described in the attached Deed("Property")to the Grantee at a consideration which is less than the fair market value of the Property; and WHEREAS,.the Property is part of a project which was originally financed by a non- governmental entity for which the Massachusetts Housing Finance Agency served as project administrator pursuant to Guidelines for Housing Programs in Which Funding is Provided Through a Non-Governmental Entity(the"Guidelines")issued by the Department of Housing and Community Development("DHCD"),and was granted a Comprehensive Permit under . Massachusetts General Laws Chapter 40B, Sections 20-23,from (the "Municipality");and WHEREAS,pursuant to the Guidelines, eligible purchasers such as the Grantee are given the opportunity to purchase certain property at a discount of the property's fair market value if the purchaser agrees to certain use and transfer restrictions,including the agreement to occupy the Property as a principal residence and to convey the Property on resale to an income-eligible purchaser,or to the Municipality,for an amount not greater than a maximum resale price,all as more fully provided herein; and WHEREAS,in order to make it most likely that an income-eligible purchaser who can afford to buy the Property can be located when the Grantee desires to sell,the maximum resale price is limited by the percentage change in median income,with a credit for certain capital improvements,as more fully provided herein; and WHEREAS,Citizens' Housing and Planning Association,Inc. ("CHAPA")has been retained to monitor compliance with the terms of this Deed Rider,and eligible purchasers such as the Grantee are required to pay to CHAPA,or its successor,a small percentage of the resale price upon the purchaser's conveyance of the Property,as more fully provided herein. NOW,THEREFORE,as further consideration for the conveyance of the Property at a discount in accordance.with the Guidelines,the Grantee,including his/her/their heirs,successors and assigns,hereby agrees that the Property shall be subject to the following rights and 1 Y restrictions which are hereby imposed for the benefit of,and shall be enforceable by,the. Municipality and the Monitoring Agent(as,herein defined). 1. Definitions.In this Deed Rider,in addition to the terms defined above,the following words and phrases shall have the following meanings: Affordable Housing Fund shall have the meaning set forth in Section 7 of the Regulatory Agreement. Approved Capital Improvements means the documented commercially reasonable cost of capital improvements made to the Property,provided that such cost is approved by the Monitoring Agent and fiuther provided that such cost was not previously included in the calculation of the Maximum Resale Price for any prior sale of the Property. Example: The documented commercially reasonable cost of a new roof paid for by the Grantor may be included in the Maximum.Resale Price on the sale to the Grantee,but the documented commercially reasonable cost of a new septic system included in the Maximum Resale Price when the Grantor purchased the Property is not included in calculating the Maximum Resale Price to the Grantee. Area means the Primary Metropolitan Statistical-Area which includes the Municipality. Base Income Number means the most recently published Area median income number(MTI)as determined by HUD. Chief Elected Official means,with respect to a city,the Mayor of such city,and with respect to a town, the Board of Selectmen of such town. Closing shall have the meaning set forth in Section 4(d)hereof. Compliance Certificate shall have the meaning set forth in Section 46)hereof. Comprehensive Permit means the comprehensive permit issued by the Zoning Board of Appeals of the Municipality with respect to the Project,recorded in the Registry in Book Page_. Conveyance Notice shall have the meaning set forth in Section 4(a)hereof. Developer means the entity designated as the Developer in the Regulatory Agreement. Eligible Purchaser means an individual(s)or household who qualifies as a First-Time Homebuyer(unless otherwise specified in the Guidelines)earning no more than eighty percent (80%)of the Base Income Number and, if applicable, owning assets not in excess of the limit set forth in the Guidelines,as amended from time to time. If HUD discontinues publication of median income statistics,then the Monitoring Agent shall designate another measure of eligible income. To be considered an Eligible Purchaser,the individual(s)or household must intend to 2 occupy and thereafter occupy the Property as his,her or their principal residence and must provide to the Monitoring Agent such certifications as to income and,if applicable,assets as the Monitoring Agent may require to justify designation as an Eligible Purchaser. Eligible Purchaser Certificate shall have the meaning set forth in Section 5(a)hereof. First-Time Homebuyer means an individual(s)or household,none of whom have had an ownership interest in a principal residence at any time during the three(3)-year period prior to the purchase date of the Property. HUD means the United States Department of Housing and Urban Development. Initial Sales Price means the price at which the Property is first sold by the Developer to an Eligible Purchaser. Maximum Resale Price means the sum of(A)the Base Income Number(at the time of resale) multiplied by the Resale Price Multiplier,plus(B)the Resale Fee,plus(C)Approved Capital Improvements, if applicable. Monitoring Agent means CHAPA,as monitoring agent under the Monitoring Services Agreement,or any successor monitoring agent selected in accordance with the provisions of Section 6 of the Monitoring Services Agreement.• The Monitoring Agent may also include the Municipality under contract with CHAPA(or any other duly selected successor monitoring agent)and the Project Administrator to provide a portion of the services under the Monitoring Services Agreement. Monitoring Services Agreement means the Monitoring Services Agreement of even date with the Regulatory Agreement among the Developer,the Monitoring Agent,the Municipality and the Project Administrator, in the form attached as Exhibit D to the Regulatory Agreement. Mortgage Satisfaction Amount shall have the meaning set forth in Section 6(b)hereof. Municipal Compliance Certificate shall have the meaning set forth in Section 5(a)hereof. Permitted Indebtedness shall have the meaning set forth in Section 6(a)hereof. Permitted Mortgagee shall have the meaning set forth in Section 6(a)hereof. Project means the_-unit development located at ,which,pursuant to the terms of the Comprehensive Permit and the Guidelines,includes_units/detached dwellings of affordable housing for Eligible Purchasers. Project Administrator means the Massachusetts Housing Finance Agency,acting on behalf of DHCD pursuant to the Guidelines. 3 Regis means the County Registry of Deeds. Regulatory Agreement means the Regulatory Agreement among the Project Administrator,the Monitoring Agent,the Municipality and the Developer dated and recorded with the Registry in Book .Page Related Party shall have the meaning set forth in Section 6(a)hereof. Resale Fee means two and one-half percent(2.5%)of the Base Income Number(at the time of resale)multiplied by the Resale Price Multiplier,to be paid to the Monitoring Agent as compensation for monitoring compliance with the terms of this Deed Rider,including the resale process,as more fully described in Section 11 hereof. Resale Price Certificate means the certificate issued by the Project Administrator and recorded with the.fast deed of the Property from the Developer,or the subsequent certificate(if any) issued by the Monitoring Agent in accordance with Section 3 of the Regulatory Agreement, which sets forth the Resale Price Multiplier to be applied on the Grantee's sale of the Property, according to the terms of this Deed Rider, for so long as the restrictions set forth herein continue. Resale Price Multiplier means .which is the number set forth in the most recently recorded Resale Price Certificate. The original Resale Price Multiplier was calculated by the Project Administrator by dividing the Initial Sale Price bythe Base Income Number at the time of the initial sale from the Developer to the first Eligible Purchaser,and unless a new Resale s Price Certificate is recorded as provided below and in accordance with Section 3 of the Regulatory Agreement,this number will be multiplied by the Base Income Number at the time of resale by the Grantee to determine(in part)the Maximum Resale Price on such resale. In the event that the purchase price paid for the Property by the Grantee includes Approved Capital Improvements,the Resale Price Multiplier will be recalculated by the Monitoring Agent by dividing the purchase price so paid(not including the Resale Fee)by the Base Income Number at the time of such purchase,and a new Resale Price Certificate will be recorded immediately following the recording of this Deed Example: Assume the Base Income Number at the time of the initial sale is $80,800 and the Initial Sale Price is$150;000. The Resale Price Multiplier would equal 1.86 (150,000/80,800= 1.86). Then assume that at the time the initial purchaser sells the unit, the Base Income Number has increased to $88,072 and the cost of Approved Capital Improvements(e.g., a new roof)equals$5,000,the Maximum Resale Price(herein defined)would be calculated as follows: $88,072 x 1.86= $163,814+the Resale Fee (herein defined)+$5,000. If the subsequent purchaser sells the unit at a time when the Base Income Number is$85,000,the Maximum Resale Price would be calculated as follows: (i)recalculated Resale Price Multiplier= 1.92(168,814/88,072= 1.92); (ii) $85,000 x 1.92=$163,200+the Resale Fee+Approved Capital Improvements (if applicable). 4 Term means,unless terminated earlier according to Section 6 hereof,the period from the date hereof until the earliest to occur of(i)the termination of the term of affordability set forth in the Comprehensive Permit,(ii)the recording of a Compliance-Certificate,(iii)the recording of an Eligible Purchaser Certificate and a new Deed Rider executed by the Eligible Purchaser referenced in the Eligible Purchaser Certificate,which new Deed Rider the Eligible Purchaser Certificate certifies is in form and substance satisfactory to the Monitoring Agent and the Municipality,or(iv)the conveyance of the Property to the Municipality and the recording of a Municipal Purchaser Certificate as set forth herein. 2. Owner-Occupancy/Principal Residence. The Property shall be occupied and used by the Grantee as his,her or their principal residence. Any use of the Property or activity thereon which is inconsistent with the purpose of this Deed Rider is expressly prohibited 3. Restrictions Against Leasing and Junior Encumbrances. The Property shall not be leased,refinanced,encumbered(voluntarily or otherwise)or mortgaged without the prior.written consent of the Monitoring Agent;provided,however,that this provision shall not apply to a first mortgage granted in connection with this conveyance. Any rents,profits,or proceeds from any transaction described in the last preceding sentence which transaction has not received the prior written consent of the Monitoring Agent shall be recoverable by the Monitoring Agent or the Municipality,together with all costs of collection, including attorneys fees,and shall be paid upon recovery and payment of costs to the Municipality for deposit to its Affordable Housing Fund. 4. Provisions of Resale. (a)When the Grantee or any successor in title to the Grantee shall desire to sell,dispose of or otherwise convey the Property, or any portion thereof, the Grantee shall notify the Municipality and the Monitoring Agent in writing of the Grantee's intention to so convey the Property(the"Conveyance Notice"). The Conveyance Notice shall set. forth the Resale Price Multiplier and the Maximum Resale Price of the Property. Upon receipt of the Conveyance Notice,the Monitoring Agent shall promptly begin locating an Eligible Purchaser. The Grantee shall fully cooperate with the Monitoring Agent's efforts to locate an Eligible Purchaser and will be required to hire a broker to assist the Monitoring Agent in locating an Eligible Purchaser, if so requested by the Monitoring Agent. The Eligible Purchaser located by the Monitoring Agent shall purchase the Property at the Maximum Resale Price within ninety (90)days after the Monitoring Agent receives the Conveyance Notice,or such further time as reasonably requested to arrange for details of closing. The Municipality shall also have the right to purchase the Property at the Maximum Resale Price,in which event the purchase shall occur within ninety(90)days after the Monitoring Agent receives the Conveyance Notice, or such further time as reasonably requested to arrange for details of closing. Any lack of cooperation by Grantee in resale efforts shall extend this period for the length of the delay caused by such lack of cooperation,not to exceed an additional ninety(90)days. (b)The Monitoring Agent shall devote diligent marketing efforts to locate an Eligible Purchaser ready;willing and able to purchase the Property at the Maximum Resale Price within the time period provided in subsection(a)above. If more than one Eligible Purchaser is located 5 , through diligent marketing efforts of the Monitoring Agent,it shall conduct a lottery or other like procedure to determine which Eligible Purchaser shall be entitled to the conveyance of the PY Property. The procedure for locating and selecting an Eligible Purchaser shall be approved as provided in the Regulatory Agreement. (c)If an Eligible Purchaser is selected to purchase the Property,or if the Municipality elects to purchase the Property,the Property shall be conveyed by the Grantee to such Eligible Purchaser or to the Municipality as the case may be,by a good and sufficient quitclaim deed conveying a good and.clear record and marketable title to the Property free from all encumbrances except(i)such taxes for the then current year as are not due and payable on the date of delivery of the deed,(ii)any lien for municipal betterments assessed after the date of the Conveyance Notice,(iii)provisions of local building and zoning laws,(iv)all easements, restrictions,covenants and agreements of record specified in the deed from the Grantor to Grantee,(v) such additional easements,restrictions,covenants and agreements of record as the Eligible Purchaser or the Municipality,as applicable,consents to,such consent not to be unreasonably withheld or delayed,and(vi) a Deed Rider satisfactory in form and substance to the Monitoring Agent which the Grantee hereby agrees to annex to said deed. (d)Said deed shall be delivered and the purchase price paid(the"Closing")at the Registry, or at the option of the Eligible Purchaser(or the Municipality, if the Municipality is purchasing the Property),exercised by written notice to the Grantee at least five(5),days prior to the delivery of the deed,at such other place as the Eligible Purchaser(or the Municipality, if the Municipality is purchasing the Property)may designate in said notice. The Closing shall occur at such time and on such date as shall be specified in a written notice from the Eligible Purchaser (or the Municipality if the Municipality is purchasing the Property)to the Grantee,which date shall be at least five(5)days after the date on which such notice is given,and no later than the end of the time period specified in subsection(a)above. (e)To enable Grantee to make conveyance as herein provided,Grantee may,if so desired at the time of delivery of the deed,use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests,all instruments with respect thereto to be recorded simultaneously with the delivery of said deed.Nothing contained herein as to the Grantee's obligation to remove defects in title or to make conveyance or to deliver possession of the Property in accordance with the terms hereof,as to use of proceeds to clear title or as to the election of the Eligible Purchaser or the Municipality to take title,nor anything else in this Deed Rider shall be deemed to waive,impair or otherwise affect the priority of the Municipality's rights herein over matters appearing of record,or occurring,at any time after the recording of this Deed Rider,all such matters so appearing or occurring being subject and subordinate in all events to the Municipality's rights herein. (f)Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of Closing and the net amount thereof shall be added to or deducted from,as the case may be,the purchase price payable by the Eligible Purchaser or by the Municipality. 6 i (g)Full possession of the Property free from all occupants is to be delivered at the time of the Closing,the Property to be then in the same condition as it is in on the date hereof, reasonable wear and tear only excepted. (h)If Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of condition in the Property not included in the above exception shall occur,then Grantee shall be given a reasonable time not to exceed thirty(30)days after the date.on which the Closing was to have occurred in which to remove any defect in title or to restore the Property to the condition hereby provided for. The Grantee shall use best efforts to remove any such defects in the title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The Closing shall occur fifteen(15) days after notice by Grantee that such defect has been cured or that the Property has been so restored. The Eligible Purchaser(or the Municipality,if the Municipality is purchasing the Property)shall have the election, at either the original or any extended time for performance,to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefor the purchase price without deduction,in.which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause,if the Property shall have been damaged by fire or casualty insured against or if a portion of the Property shall have been taken by a public authority,then the Grantee shall,unless the Grantee has previously restored the Property to its former condition,either: (A) pay over or assign to the Eligible Purchaser or the Municipality,on delivery of the deed,all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts reasonable expended by the Grantee for the partial restoration,or (B) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned,give to the Eligible Purchaser or to the Municipality a credit against the purchase price,on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Grantee for any partial restoration. (i)If the Monitoring Agent is successful in locating an Eligible Purchaser within ninety (90)days after receipt of the Conveyance Notice,but the Eligible Purchaser is unable to secure mortgage financing so as to be able to complete the purchase of the Property,the Monitoring Agent will have an additional sixty(60)days from the date of written notification from the first Eligible Purchaser that he/she/they are unable to complete the purchase,to find another Eligible Purchaser to purchase the Property. (j)If the Monitoring Agent fails to locate an Eligible Purchaser who purchases the Property within ninety(90)days(with any requested additional time for closing details) after receipt of the Conveyance Notice (or within the sixty(60)-day period allowed under the previous subsection),and the Municipality does not purchase the Property during said period, 7 then, subject to the provisions of subsection(1)of this Section 4,no later than six(6)months following expiration of such period,the Grantee may convey the Property to any third party at no less than fair market value free and clear of all rights-and restrictions contained herein,including, but not limited to the Maximum Resale Price,provided,however, all consideration and payments of any kind received by the Grantee for the conveyance of the Property to the third party which exceeds the Maximum Resale Price shall be immediately and directly paid to the Municipality for deposit to its Affordable Housing Fund Upon receipt of this excess amount,the Municipality shall issue to the third party and to the Monitoring Agent a certificate(the "Compliance.Certifificate")in recordable form reflecting the Municipality's receipt of the excess amount,if any,that all rights,restrictions,agreements and covenants contained herein are henceforth null and void and that the sale of the Property to the third party is consistent with the terms of this Deed Rider. This Compliance Certificate is to be recorded in the Registry. This Compliance Certificate may be relied upon by the then owner of the Property and by third parties as constituting conclusive evidence that such excess amount,if any,has been paid to the Municipality and that the rights,restrictions,agreements and covenants set forth herein are null and void The sale price to a third party shall be subject to the Monitoring Agent's prior approval,giving due consideration to such factors as the appraised value of the Property,time on the market,marketing efforts and economic conditions. (k) The Grantee understands and agrees that nothing in this Deed Rider or the Regulatory Agreement in any way constitutes a promise or guarantee by the Project Administrator,the Municipality or the Monitoring Agent that the Grantee shall actually receive the Maximum Resale Price for the Property or any other price for the Property. (1) In the event that the Closing of the sale of the Property to an Eligible Purchaser or the Municipality does not occur within one hundred twenty(120)days of the date the Monitoring Agent receives the Conveyance Notice(plus the additional sixty(60)days allowed under subsection(i)of this Section 4), the Grantee shall have the following six(6)months to sell the Property at a price greater than or equal to 95%of its appraised value(determined by an appraiser acceptable to the Monitoring Agent).If the Property is not sold at such a price within such six(6)-month period, and only if the Base Income Number has been reduced within such time, at the end of such six(6)-month period the Monitoring Agent shall have a new ninety(90)- day period to locate an Eligible Purchaser to purchase the Property,at the reduced Maximum Resale Price calculated on the basis of the reduced Base Income Number. 5. Resale and Transfer Restrictions. (a)Except as otherwise provided herein,the Property or any interest therein shall not at any time be sold by the Grantee,the Grantee's successors and assigns,and no attempted sale shall be valid unless the aggregate value of all p gt�g consideration and payments of every kind given or paid by the Eligible Purchaser(as located and defined in accordance with Section 4 above)or the Municipality,to the then owner of the Property for and in connection with the transfer of such Property,is equal to or less than the Maximum Resale Price for the Property,and(i)if the Property is conveyed to an Eligible Purchaser,unless a certificate(the "Eligible Purchaser Certificate")is obtained and recorded, signed and acknowledged by the Monitoring Agent which Eligible Purchaser Certificate refers to the Property,the Grantee,the Eligible Purchaser thereof,and the Maximum Resale Price 8 therefor,and states that the proposed conveyance, sale or transfer of the Property to the Eligible Purchaser is in compliance with the rights,restrictions, covenants and agreements contained in this Deed Rider, and unless there is also recorded a new Deed Rider executed by the Eligible Purchaser,which new Deed Rider is substantially in the same form as this Deed Rider;or(ii) if the Property is conveyed to the Municipality unless a Certificate(the"Municipal Purchaser Certificate")is obtained and recorded,signed and acknowledged by the Monitoring Agent, which Municipal Purchaser Certificate refers to the Property,the Grantee,the Municipality,and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to the Municipality is in compliance with the rights,restrictions, covenants and agreements contained in this Deed Rider, and unless there is also recorded a new Deed Rider executed by the Municipality,which new Deed Rider is substantially in the same form as this Deed Rider; or(iii) pursuant to Section 46),any amount in excess of the Maximum Resale Price which is paid to the Grantee by a purchaser who is permitted to buy the Property pursuant to Section 40),is paid by the Grantee to the Municipality,and the Municipality executes and delivers a Compliance Certificate as described in Section 40)for recording with the Registry. (b) Any good faith purchaser of the Property,any lender or other party taking a security interest in such Property and any other third party may rely upon a Compliance Certificate,an Eligible Purchaser Certificate or a Municipal Purchaser Certificate referring to the Property as conclusive evidence of the matters stated therein and may record such Certificate in connection with conveyance of the Property,provided,in the case of an Eligible Purchaser Certificate and a Municipal Purchaser Certificate the consideration recited in the deed or other instrument conveying the Property upon such resale shall not be greater than the consideration stated in the Eligible Purchaser Certificate or the Municipal Purchaser Certificate as the case may be. (c) Within ten(10)days of the closing of the conveyance of the Property from Grantor to Grantee,the Grantee shall deliver to the Monitoring Agent a copy of the Deed of the Property, together with recording information. Failure of the Grantee, or Grantee's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance. 6. Rights of Mortgagees. (a)Notwithstanding anything herein to the contrary,but subject to the next succeeding paragraph hereof,if the holder of record of a first mortgage granted to a state or national bank,state or federal savings and loan association,cooperative bank,mortgage company,trust company,insurance company or other institutional lender or its successors or assigns(other than the Grantee or any person related to the Grantee by blood, adoption;or marriage(any of the foregoing,a"Related Party")) shall acquire the Property by reason of foreclosure or similar remedial action under the provisions of such mortgage or upon conveyance of the Property in lieu of foreclosure,provided that the holder of such mortgage has given the Monitoring Agent and the Municipality not less than sixty(60) days prior written notice of its intention to foreclose upon its-mortgage or to accept a conveyance of the Property in lieu of foreclosure,and provided further that the principal amount secured by such mortgage did not exceed one hundred percent(100%)of the Maximum Resale Price calculated at the time of the granting of the mortgage(the"Permitted Indebtedness"), then the rights and restrictions contained herein shall not apply to such holder upon such acquisition of the Property, any purchaser(other than a Related Party)of the Property at a foreclosure sale conducted by such 9 holder,or any purchaser(other than a Related Party)of the Property from such holder, and such Property shall thereupon and thereafter be free from all such rights and restrictions. The holder of Permitted Indebtedness is referred to herein as a"Permitted Mortgagee." (b) In the event.such Permitted Mortgagee conducts a foreclosure or other proceeding enforcing its rights under such mortgage and the Property is sold for a price in excess of the greater of(i)the sum of the outstanding principal balance of the note secured by such mortgage plus all future advances,accrued interest and all reasonable costs and expenses which the Permitted Mortgagee is entitled to recover pursuant to the terms of the mortgage(the"Mortgage Satisfaction Amount"),and(u)the Maximum Resale Price, such excess shall be paid to the Municipality for its Affordable Housing Fund in consideration of the loss of the Property as affordable housing after a final judicial determination that the Municipality is entitled to such excess,the costs of such determination to be deducted from the excess prior to payment to the Municipality. To the extent the Grantee possesses any interest in any amount which would otherwise be payable to the Municipality under this paragraph,to the fullest extent permissible by law,the Grantee hereby assigns its interest in such amount to said holder for payment to the Municipality. (c)A Permitted Mortgagee shall notify the Monitoring Agent and the Municipality in the event of any default for which the Permitted Mortgagee intends to commence foreclosure proceedings,which notice shall be sent to the Monitoring Agent and the Municipality as set forth in this Deed Rider. No failure to notify the Monitoring Agent and the Municipality pursuant to the previous sentence shall impair the validity of a foreclosure. (d) The Grantee grants to the Municipality the right and option to purchase the Property upon receipt by the Municipality of notice in any form(including notice by newspaper publication deemed to be received on the date of publication)of an impending foreclosure against the Property. In the event the Municipality intends to exercise its option,the Municipality shall purchase the Property at a price equal to the greater of the Maximum Resale Price or the Mortgage Satisfaction Amount within sixty(60)days of receipt of such notice.The deed to the Municipality shall include a deed rider containing all of the rights and restrictions set forth in this Deed Rider and otherwise satisfactory in form and substance to the Monitoring Agent which the Municipality,as a condition to such purchase,agrees to annex to said deed.Any excess received by the Permitted Mortgagee over the Mortgage Satisfaction Amount shall be paid to the Grantee (provided,that in the event that such excess shall be so paid to the Grantee,the,Grantee shall thereafter indemnify such Permitted Mortgagee against loss or damage to such Permitted Mortgagee resulting from any claim made by any other party to the extent that such claim is based upon payment of such excess by such Permitted Mortgagee to the Grantee in accordance herewith,provided that such Permitted Mortgagee shall give the Grantee prompt notice of any such claim and shall not object to intervention by the Grantee in any proceeding relating thereto). (e)If any person who was a Related Party prior to any foreclosure acquires an interest in the Property within ten(10)years after foreclosure,then all covenants and options contained herein shall apply to all subsequent occupancy and sale of the Property. 10 (f)A certificate signed under penalties of perjury by a purchaser at a foreclosure sale(or any subsequent purchaser)certifying that such purchaser is not a Related Party shall;if recorded with the Registry,be conclusive evidence that such purchaser is not a Related Party. 7. Covenants to Run With the Pronertv. (a)It is intended and agreed that all of the agreements,covenants,rights and restrictions set forth herein shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee, the Grantee's successors and assigns and any party holding title to the Property, for the benefit of and enforceable by the Municipality and the Monitoring Agent,their successors and assigns,during the Term of this Deed Rider. (b)This Deed Rider and all of the agreements,restrictions,rights and covenants contained herein shall be deemed to be an affordable housing restriction as that term is defined in Section 31 of Chapter 184 of the Massachusetts General Laws. (.c)The Grantee intends,declares and covenants on behalf of Grantee and Grantee's successors and assigns(i)that this Deed Rider and the covenants,agreements,rights and restrictions contained herein shall be and are covenants running with the land,encumbering the Property for the Term,and are binding upon the Grantee's successors in title,(ii)are not merely personal covenants of the Grantee,and(iii)shall bind the Grantee,and Grantee's successors and assigns and enure to the benefit of the Municipality and the Monitoring Agent,and their successors and assigns,for the Term. Grantee hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Deed Rider to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (d)Without limitation on any other rights or remedies of the Grantor,the Municipality, and the Monitoring Agent,their successors and assigns,any sale or other transfer or conveyance of the Property in violation of the provisions of this Deed Rider,shall,to the maximum extent permitted by law,be voidable by the Municipality,and the Monitoring Agent,their successors and assigns, by an action to enforce such rights,restrictions,covenants,and agreements. 8. Notice. Any notices, demands or requests that may be given under this Deed Rider shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below, or such other addresses as may be specified by any party(or its successor)by such notice. Municipality: Grantor: 11 } Grantee: Monitoring Agent: Citizens Housing and Planning Association,Inc. 18 Tremont Street Boston,MA 02108 Attention: Executive Director Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 9. Further Assurances. The Grantee agrees from time to time,as may be reasonably required by the Monitoring Agent,to fiunish the Monitoring Agent with a written statement, signed and,if requested,acknowledged,setting forth the condition and occupancy of the Property,information concerning the resale of the Property and all other material information pertaining to the Property or the Grantee's conformance with the requirements of the Comprehensive Permit and the Guidelines. 10. Enforcement. (a)The rights hereby granted shall include the right of the Municipality and the Monitoring Agent to enforce this Deed Rider independently by appropriate legal proceedings and to obtain injunctive and other appropriate relief against any violations including without limitation relief requiring restoration of the Property to its condition prior to any such violation(it being agreed that there shall be no adequate remedy at law for such violation),and shall be in addition to,and not in limitation of,any other rights and remedies available to the Municipality and the Monitoring Agent. (b) Without limitation of any other rights or remedies of the Municipality and the Monitoring Agent,or their successors and assigns,in the event of any sale, conveyance or other transfer or occupancy of the Property in violation of the provisions of this Deed Rider,the Municipality shall be entitled to the following remedies,which shall be cumulative and not mutually exclusive: (i) specific performance of the provisions of this Deed Rider; (ii) money damages for charges in excess of the Maximum Resale Price,if applicable; (iii) if the violation is a sale of the Property at a price greater than the Maximum Resale Price as provided herein,the Monitoring Agent and the Municipality shall have the option to locate an Eligible Purchaser or purchase the Property on the terms and conditions provided herein;the purchase price shall be a price which complies with the provisions of this Deed Rider; 12 (iv) the right to void any contract for sale or any sale,conveyance or other transfer of the Property in violation of the provisions of this Deed Rider in the absence of a Certificate of Compliance,by an action in equity to enforce this Deed Rider; and (v) money damages for the cost of creating or obtaining a comparable . dwelling unit for an Eligible Purchasers. (c) In addition to the foregoing,in the event of a violation of the provisions of this Deed Rider,the Monitoring Agent and the Municipality may take appropriate enforcement action against the Grantee or the Grantee's successors in title,including,without limitation,legal action to compel the Grantee to comply with the requirements of this Deed Rider. The Grantee hereby agrees to pay all fees and expenses(including legal fees)of the Monitoring Agent and/or the Municipality in the event successful enforcement action is taken against the Grantee hereunder. The Grantee hereby grants to the Monitoring Agent and the Municipality alien on the Property,junior to the lien of any institutional holder of a first mortgage on the Property,to secure payment of such fees and expenses in any successful enforcement action. The Monitoring Agent and the Municipality shall be entitled to seek recovery of fees and expenses incurred in a successful enforcement action of this Deed Rider against the Grantee and to assert such alien on the Property to secure payment by the Grantee of such fees and expenses.Notwithstanding . anything herein.to the contrary,in the event that the Monitoring Agent and/or Municipality fails to enforce this Deed Rider as provided in this Section,the Department of Housing and Community and Development,its successors and assigns, shall have the same right to enforce this Deed Rider as provided herein. (d) The Grantee for himself,herself or themselves and his,her or their successors and assigns,hereby grants to the Monitoring Agent the right to enter upon the Property for the purpose of enforcing the restrictions herein contained,or of taking all actions with respect to the Property which the Monitoring Agent may determine to be necessary or appropriate pursuant to court order,or with the consent of the Grantee to prevent,remedy or abate any violation of this Deed Rider. 11. Monitoring Agent Services;Fees. The Monitoring Agent has been engaged to monitor compliance of the Project with ongoing requirements of the Comprehensive Permit and this Deed Rider,including the requirement that the Property be sold and resold to Eligible Purchasers(or to the Municipality)as provided therein. As partial compensation for providing these services,the Monitoring Agent shall receive the Resale Fee on the sale of the Property to an Eligible Purchaser or any other purchaser in accordance with the terms of this Deed Rider. This fee shall be paid by the Grantee as a closing cost at the time of Closing,and payment of the fee of the Monitoring Agent shall be a condition to delivery and recording of its certificate, failing which the Monitoring Agent shall have a claim against the new purchaser and persons claiming under the new purchaser for which the Monitoring Agent may bring an action and may seek an attachment against the Property. 12. Severability. If any provisions hereof or the application thereof to any person or circumstance shall come,to any extent,to be invalid or unenforceable,the remainder hereof,or 13 the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected thereby,and each provision hereof shall be valid and enforced to the fullest extent permitted by law. Executed as a sealed instrument this day of ,200_. Grantor: Grantee: By By , 14 I COMMONWEALTH OF MASSACHUSETTS SS. 2004 On this day of .2004,before me,the undersigned notary public,personally appeared proved to me through satisfactory evidence of identification,which were .and acknowledged the foregoing instrument to be his/her/their free act and deed before me,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. Notary Public: My commission expires:. COMMONWEALTH OF MASSACHUSETTS ss. 2004 On this day of .2004,before me,the undersigned notary public,personally appeared proved to me through satisfactory evidence of identification,which were and acknowledged the foregoing instrument to be his/her/their free act and deed before me,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. Notary Public: My commission expires: 15 21 IAPmjectAdmin\MonAgmt 4/04 MONITORING SERVICES AGREEMENT For Comprehensive Permit Projects in Which Funding is Provided Through a Non-Governmental Entity This Monitoring Services Agreement(this"A Aegr ement")is made as of the day of , 200,by and between . a Massachusetts (corporation/limited partnership/limited liability company)having an address at ("Developer'),Citizens' Housing Planning Association,Inc., having an address at 18 Tremont Street,Boston,Massachusetts 02108 ("Monitoring Agent'), Massachusetts Housing Finance Agency, as project administrator acting on behalf of the Department of Housing and Community Development("DHCD"),having an address at One Beacon Street,Boston,Massachusetts 02108 (the"Project Administrator"),and ("Municipality"). RECITALS WHEREAS,the Developer intends to construct a housing development known as at a -acre site located at in the Municipality,more particularly described in Exhibit A attached hereto and made a part hereof(the "Project"); and WHEREAS,the Project is being financed with a$ construction loan(the "Loan")by a non-governmental entity for which the Massachusetts Housing Finance Agency serves as project administrator pursuant to Guidelines for Housing Programs in Which Funding is Provided Through a Non-Governmental Entity(the"Guidelines")issued by DHCD; and WHEREAS,the Developer has received a comprehensive permit(the"Comprehensive Permit") from the Zoning Board of Appeals of the Municipality under Chapter 40B, Sections 20 23,of the Massachusetts General Laws(the"Act"),which permit is recorded at the County Registry of Deeds("Regis ")in Book ,Page ; and WHEREAS,pursuant to the Comprehensive Permit,the Guidelines and the Regulatory Agreement among the Project Administrator,the Municipality and the Developer of even date herewith(the"Regulatory Agreemenf"),the Project is to consist of a total of_condominium units/detached dwellings,of which_percent(units)(the "Affordable Units")will be sold at prices specified in the Regulatory Agreement to Eligible Purchasers (as defined herein); and WHEREAS,the Affordable Units will be subject to deed riders governing resale(the "Affordability Requirement")for a period of at least thirty(30)years, except as provided therein; and WHEREAS pursuant to the Comprehensive Permit the Guidelines and the Regulatory P P , � rY v a not receive profit in excess of twenty percent 20% of total Agreement,the Developer may c p ty p ( ) gr development costs of the Project(the"Limited Dividend Requirement"); and WHEREAS,pursuant to requirements of the Regulatory Agreement and the Comprehensive Permit, the Developer has agreed to retain the Monitoring Agent to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Developer with the Limited Dividend Requirement. NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto,intending to be legally bound hereby,agree as follows: l. Monitoring Services. Monitoring Agent shall monitor the compliance of the Project with the Affordability Requirement and the compliance of the Developer with the Limited Dividend Requirement, as more fully described herein. (a)Limited Dividend Requirement. In accordance with Section 6 of the Regulatory Agreement,the Developer agrees to deliver to the Monitoring Agent the Certified Cost and Income Statements, as defined in the Regulatory Agreement,at the times required thereunder. The Monitoring Agent agrees to review the adequacy and completeness of the Certified Cost and Income Statements and determine the Developer's substantive compliance with the Limited Dividend Requirement.Upon completion of its review of the Certified Cost and Income Statement,the Monitoring Agent will deliver to the Project Administrator and the Municipality a copy of such statement together with the Monitoring Agent's determination of whether the Limited Dividend Requirement has been met. If all of the units in the Project have not been sold at the time the Developer is required to deliver the initial Certified Cost and Income Statement to the Monitoring Agent,the Monitoring Agent will continue to review the subsequent Certified Cost and Income Statements delivered pursuant to the Regulatory Agreement and notify the Project Administrator and the Municipality until all of the units are sold and compliance with the Limited Dividend Requirement can be determined. If units are sold prior to approval of the initial Certified Cost and Income Statement,the provisions of Section 6(c)of the Regulatory Agreement shall apply. (b)Affordability Requirement. (i)Initial Sales. The Developer agrees to deliver to the Monitoring Agent the income and asset certifications,deeds and deed riders with respect to initial sales of Affordable Units as required under the Regulatory Agreement(the"Initial Sales Data"). The Monitoring Agent agrees to review the Initial Sales Data and determine the substantive compliance of the Project with the Affordability Requirement. The Monitoring Agent shall also ensure substantive compliance with the approved Marketing Plan and lottery process. Upon completion of its review of Initial Sales Data,the Monitoring Agent will deliver to the Project Administrator and the Municipality a copy of such data together with the Monitoring Agent's determination of whether the Affordability Requirement has been met. The Project Administrator shall make the final determination of whether the Affordability Requirement has been met. (ii)Resales. The Monitoring Agent also agrees to monitor resales of Affordable Units (including review of income and asset certifications,deeds and deed riders)for compliance with the terms of the Deed Rider,and issuance of certifications,as appropriate,approval of resales and the payment of recapture amounts to the Municipality. The Monitoring Agent shall also locate and select,or provide assistance to the Municipality in locating and selecting,Eligible Purchasers,including without limitation, ensuring compliance with the approved Marketing Plan and lottery process. (c)Annual Reports. Until the Limited Dividend Requirement and the Affordability Requirement have been met,the Monitoring Agent agrees to prepare and deliver annually a report(the"Annual Compliance Report")to the Zoning Enforcement Officer of the Municipality on(x) the compliance of the Developer with reporting requirements required under the Regulatory Agreement and with the Limited Dividend Requirement,and(y)compliance of the Project with the Affordability Requirement. The Annual Compliance'Report shall indicate the extent of noncompliance with the relevant reporting and/or substantive requirements,describe efforts being made by the Developer to remedy such noncompliance and,if appropriate, recommend possible enforcement action by the Monitoring Agent and/or Municipality against the Developer. The Monitoring Agent shall deliver the Annual Compliance Report within one hundred twenty(120)days of the end of each calendar year during the term of this Agreement. For so long as theLoan is outstanding,the Monitoring Agent shall deliver a copy of the Annual Compliance Report to the Project Administrator simultaneously with delivery thereof to the Municipality. (d) Supplemental Monitoring Services. The Monitoring Agent shall provide reasonable supplemental monitoring on its own initiative in order to ensure to the extent practicable(i)the compliance by the Developer with the Affordability Requirement and the Limited Dividend Requirement,and(ii)the compliance by the owners of the Affordable Units with the requirements of the Deed Rider, including without.limitation the owner-occupancy requirement and the Resale Restrictions(including recalculating the Resale Price Multiplier,if necessary). The services hereunder shall not include any construction monitoring. The services hereunder shall include follow-up discussions with the Developer and/or owners of the Affordable Units, if appropriate,after an event of noncompliance. 2. Monitoring Services Fee. (a)The Monitoring Agent shall receive a fee of $�from the Developer at the time of execution of this Agreement. Such fee shall constitute payment for the services of the Monitoring Agent with respect to compliance by the Developer with the Limited Dividend Requirement and with respect to the initial sales of the Affordable Units with the Affordability Requirement. As provided in the Deed Rider with each Affordable Unit,the Monitoring Agent shall receive a Resale Fee of two and one-half percent (2.5%) of the product of the Base Income Number(at the time of resale)multiplied by the Resale Price Multiplier,to be paid by the seller of the Affordable Unit at each closing as a condition precedent to closing, for the services with respect to monitoring each subsequent sales transaction for compliance with the Resale Restrictions and the other terms of the Deed Rider. Such fee shall be payable for all transfers of Affordable Units,including those to an Eligible Purchaser or any other purchaser. If the Monitoring Agent's fee is not paid at the time of closing,the Monitoring Agent shall be entitled to payment from the purchaser of the Affordable --3-- Unit and to bring an action and seek an attachment of the interest of the purchaser.in the Affordable Unit. Neither the Project Administrator nor the Municipality shall have any responsibility for payment of any fee to Monitoring Agent hereunder. (b)The Municipality may enter into a separate contract with the Monitoring Agent and the Project Administrator to provide a portion of the services required to be performed by the Monitoring Agent under this Agreement,except for services with respect to compliance by the Developer with the Limited Dividend Requirement. The Municipality shall be entitled to receive from the Monitoring Agent a reasonable portion of the Monitoring Services Fee and/or the Resale Fee,as applicable,for performance of such services. The Project Administrator shall not have any responsibility for payment of any such fee to the Municipality. 3. Enforcement Services. In the event of serious or repeated violations of the substantive or reporting requirements of the Regulatory Agreement or a failure by the Developer to take appropriate actions to cure a default under the Regulatory Agreement,the Monitoring Agent shall have the right,with the prior consent of the Municipality(and,until the mortgage securing the Loan is discharged, with the prior consent of the holder of the Loan),to take appropriate enforcement action against the Developer,including, without limitation,legal action to compel the Developer to comply with the requirements of the Regulatory Agreement. The Regulatory Agreement provides for payment by the Developer of fees and expenses(including legal fees)of the Monitoring Agent in the event enforcement action is taken against the Developer thereunder and grants to the Monitoring Agent a lien on the Project,junior to the lien securing the Loan,to secure payment of such fees and expenses. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing the Regulatory Agreement against the Developer and to assert a lien on the Project to secure payment by the Developer of such fees and expenses. In the event of a violation of the provisions of a Deed Rider,the Monitoring Agent shall have the right,with the prior consent of the Municipality,to take appropriate enforcement action against the unit owner or the unit owner's successors in title,including,without limitation,legal action to compel the unit owner to comply with the requirements of the relevant deed rider. The form of Deed Rider will provide.for payment by the unit owner of fees and expenses(including legal fees)of the Monitoring Agent in the event enforcement action is taken against the unit owner thereunder and will grant to the Monitoring Agent a lien on the unit,junior to the lien of any institutional holder of a first mortgage on the unit to secure payment of such fees and expenses. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing a deed rider against the unit owner and to assert a lien on the relevant unit to secure payment by the unit owner of such fees and expenses. The Monitoring Agent shall not be entitled to seek any compensation or reimbursement from the Project Administrator or the Municipality in connection with the enforcement services J P tY under this Section, it being understood that the Monitoring Agent shall look solely to the reimbursement rights described above for payment of the Monitoring Agent's costs and expenses. Nothing in this Agreement shall be construed to require the Monitoring Agent to expend more than$20,000 in enforcing the provisions of the Regulatory Agreement or to take any particular enforcement action against the Developer. --4-- 4. Term. The monitoring services are to be provided for so long as there is any Affordable Unit subject to a Deed Rider containing the Resale Restrictions or there is an J g � Y Affordable Unit which is owned by the Municipality. The term of this Agreement shall end on the date six(6)months after the later to occur of the latest expiration date of the term of the Deed Rider attached to any of the Affordable Units or the date the Municipality no longer owns any Affordable Unit. 5. Responsibility of Monitoring Agent. The Monitoring Agent shall not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 6. Successor Monitoring Agent. Should the Monitoring Agent be dissolved or become incapable of fulfilling its obligations during the term of this Agreement, or if the Monitoring Agent consistently fails to exercise reasonable care and diligence in carrying out its responsibilities under this Agreement(any of the foregoing a"Termination Event'),the Municipality(with the consent of the Project Administrator)shall have the right to appoint a successor to serve as Monitoring Agent for the remaining term of this Agreement. If,within ninety(90) days after the Project Administrator receives notice of the occurrence of a Termination Event,the Municipality fails to appoint a successor monitoring agent,the Project Administrator shall promptly appoint a successor monitoring agent to serve as Monitoring Agent for the remaining term of this Agreement. 7. Indemnity. The Developer agrees to indemnify and hold harmless;the Monitoring Agent,the Project Administrator and the Municipality against all damages,costs and liabilities, including reasonable attorney's fees,asserted against the Monitoring Agent,the Project Administrator or the Municipality by reason of its relationship with the Project under this Agreement and not involving the Monitoring Agent,the Project Administrator or the Municipality acting in bad faith and with gross negligence. 8. Applicable Law. This Agreement, and the application or interpretation hereof, shall be governed by the laws of The Commonwealth of Massachusetts. 9. Binding Agreement.ement. This Agreement shall be binding on the parties hereto,their heirs,executors,personal representatives, successors and assigns. 10. Headings. All paragraph headings in this Agreement are for the convenience of reference only and are not intended to qualify the meaning of the paragraph. 11. Third-Party Beneficiaries. The Project Administrator, the holder of the mortgage securing the Loan(for so long as theLoan is outstanding) and the Municipality shall be entitled to enforce this Agreement and may rely on the benefits of this Agreement. 12. Entire Agreement. This Agreement supersedes all prior agreements between the parties with respect to the Project,whether oral or written, including without limitation, all correspondence between the parries and between counsel for their respective parties. This - - 5-- Agreement constitutes the sole and entire agreement between the parties hereto with respect to the subject transaction, and the rights,duties, and obligations of the parties with respect thereto. In executing this Agreement,the Monitoring Agent acknowledges that the Monitoring Agent is not relying on any statement,representation,warranty, covenant or agreement of any kind made by the Developer,the Project Administrator or the Municipality or any employee or agent of any of the foregoing,except for the agreements set forth herein. 13. Definitions. Any capitalized term used and not defined herein shall have the same meaning as set forth in the Regulatory Agreement. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be duly executed as of the date first written above. [DEVELOPER] By: Title: CITIZENS HOUSING AND PLANNING ASSOCATION,INC. By: Title: [MUNICIPALITY] By: Title: Chairman,Zoning Board of Appeals MASSACHUSETTS HOUSING FINANCE AGENCY, as Project Administrator as aforesaid By: Laurie R.Wallach, General Counsel Exhibit A—Legal Description UProjectAdmin/RegAgmt 4/04 REGULATORY AGREEMENT For Comprehensive Permit Projects in Which Funding is Provided Through a Non-Governmental Entity This Regulatory Agreement(this "Agreement")is made this_day of 200,by and among the Massachusetts Housing Finance Agency(the "Project Administrator"),as project administrator acting on behalf of the Department of Housing and Community Development("DHCD"),the City/Town of (the"Municipality"),and a Massachusetts [insert form of entity],having an address at ,and its successors and assigns("Developer"). RECITALS WHEREAS,the Developer intends to construct a housing development known as at a -acre site located at in the Municipality,more particularly described in Exhibit A attached hereto and made a part hereof(the"Project"); and WHEREAS,the Project is being financed with a$ construction loan(the"Loan")by a non-governmental entity for which the Massachusetts Housing Finance Agency serves as project administrator pursuant to Guidelines for Housing Programs in Which Funding is Provided Through a Non-Governmental Entity(the "Guidelines'.')issued by DHCD; and WHEREAS,the Developer has received a comprehensive permit(the "Comprehensive Permit") from the Zoning.Board of Appeals of the Municipality.in accordance with Chapter 40B, Sections 20-23, of the Massachusetts General Laws (the "Act"),which permit is recorded at the County.Registry of Deeds ("Regis ')in Book .Page ;and WHEREAS,pursuant to the Comprehensive Permit and the Guidelines,the Project is to consist of a total of [condominium units/detached dwellings], of which percent(_units) (the "Affordable Units")will be sold at prices specified in this Agreement to Eligible Purchasers (as defined herein)and will be subject to this Agreement; and , WHEREAS,the Developer has agreed to retain Citizens' Housing and Planning Association,Inc. ("CHAPA")to perform administration,monitoring and enforcement services regarding compliance of the Project with the Guidelines and the Comprehensive Permit during the period of affordability of the Affordable Units; and 1 WHEREAS, CHAPA has agreed to perform such administration,monitoring and enforcement services during the period of affordability of the Affordable Units; and WHEREAS,the parties recognize that Affirmative Fair Marketing(as defined ` herein)is an important precondition for initial sales and resales of Affordable Units and that local preference cannot be granted in a manner which results in a violation of applicable fair housing laws and regulations; and WHEREAS,the parties recognize that the Municipality has an interest in preserving affordability of the Affordable Units and may offer valuable services in .administration,.monitoring and enforcement. NOW,THEREFORE,in consideration of the agreements hereinafter set forth, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Project Administrator,the Municipality,and the Developer hereby agree as follows: 1. Definitions. In addition to the terms defined elsewhere in this Agreement,the following terms shall have the meanings set forth below: Additional Windfall Amount shall have the meaning set forth in Section 7 hereof. Affirmative Fair Marketing means outreach and other marketing efforts to minority households in a manner consistent with the affirmative fair marketing policies of the Project Administrator for homeownership projects and sufficient to satisfy the requirements of applicable fair housing laws and regulations, in accordance with a plan approved by the Project Administrator. Affordable Housing Fund shall have the meaning set forth in Section 7 hereof. Allowable Profit shall have the meaning set forth in Section 6(a)hereof. Approved Capital Improvements means the documented commercially reasonable cost of capital improvements made to any Affordable Unit,provided that such cost is approved by the Monitoring Agent and further provided that such cost was not previously included in the calculation of the Maximum Resale Price for any prior sale of such Affordable Unit. Example: The documented commercially reasonable cost of a new roof paid for by Seller may be included in the Maximum Resale Price on his sale of the Affordable Unit to Buyer,but the documented commercially reasonable cost of a new septic system included in the Maximum Resale Price when Seller purchased the Affordable Unit is not included in calculating the Maximum Resale Price to Buyer. Area means the Primary Metropolitan Statistical Area which includes the Municipality. 2 i Base Income Number means the most recently published Area median income number (MF'I),as published by HUD. Certified Cost and Income Statement shall have the meaning set forth in Section 6(b) hereof. Chief Elected Official means in the case of a city,the Mayor of such city,and in the case of a town,the Board of Selectmen of such town. Deed Rider means the deed rider in the form attached hereto as Exhibit C and fully incorporated herein by reference to be attached to each deed of each Affordable Unit as provided in Section 5 hereof. Default Notice and Project Administrator Default Notice shall have the meanings given such terms in Section 20(a)hereof. Eligible Purchaser means an individual(s)or household who qualifies as a First-Time Homebuyer(unless otherwise specified in the Guidelines)earning no more than eighty percent(80%) of the Base Income Number and,if applicable, owning assets not in excess of the limit set forth in the Guidelines, as amended from time to time. If HUD discontinues publication of median income statistics,then the Monitoring Agent shall designate another measure of eligible income. To be considered an Eligible Purchaser, the individual(s)or household must intend to occupy the Property as his, her or their principal residence and must provide to the Municipality and to the Monitoring Agent such certifications as to income and,if applicable,assets as the Municipality and the Monitoring Agent may require to justify designation as an Eligible Purchaser. Eligible Purchaser Certificate shall have the meaning set forth in Section 5(a)of the Deed Rider. Excess Profit shall have the meaning set forth in Section 6(d)hereof. First-Time Homebuyer means an individual(s)or household,none of whom have had an ownership interest in a principal residence at any time during the three(3)-year period ,prior to the purchase date of the Affordable Unit.. HUD means the United States Department of Housing and Urban Development. Initial Sale Price means the price at which the Affordable Unit is first sold by the Developer to an Eligible Purchaser. The Initial Sale Price from the Developer to the first Eligible Purchaser shall be no greater than the maximum price affordable to a buyer earning up to seventy percent(70%)of the.Base Income Number(although an Eligible Purchaser may actually earn up to eighty percent(80%)of the Base Income Number), with a maximum debt to income ratio of thirty percent(30%). 3 Marketing Documentation shall have the meaning set forth in Section 8 hereof. Marketing Plan shall have the meaning set forth in Section 8 hereof. Maximum Resale Price means the sum of(A)the Base Income Number(at the time of resale)multiplied by the Resale Price Multiplier,plus(B)the Resale Fee,plus(C) Approved Capital Improvements, if applicable. Monitoring Agent means CHAPA as monitoring agent under the Monitoring Services Agreement or any successor monitoring agent selected in accordance with the provisions of Section 6 of the Monitoring Services Agreement. The Monitoring Agent may also include the Municipality under contract with CHAPA(or any other duly selected successor monitoring agent)and the Project Administrator to provide a portion of the services under the Monitoring Services Agreement. Monitoring Services Agreement means the Monitoring Services Agreement of even date herewith among the Developer,the Monitoring Agent,the Municipality and the Project Administrator in the form attached hereto as Exhibit D and incorporated herein by reference. Plans and Specifications shall have the meaning set forth in Section 2 hereof. Project means the=unit development located at ,which, pursuant to the terms of the Comprehensive Permit and the Guidelines,includes_ units/detached dwellings of affordable housing. Resale Fee shall have the meaning set forth in the Deed Rider attached hereto as Exhibit C. Resale Price Certificate means the certificate in recordable form issued by the Project Administrator and recorded with the first deed of each Affordable Unit from the Developer to the initial Eligible Purchaser,which certificate sets forth the Resale Price Multiplier to be applied on the resale of such Affordable Unit, according to the terms of the Deed Rider for such unit, for so long as the restrictions set forth in this Agreement continue. If on any resale the Maximum Resale Price includes Approved Capital Improvements,the Monitoring Agent shall issue a new Resale Price Certificate to be recorded with the deed for such resale,which certificate shall include a new Resale Price Multiplier to be applied on each subsequent resale of such Affordable Unit according to the terms of the Deed Rider for such unit, for so long as the restrictions set forth in this Agreement continue. Resale Price Multiplier means, for each Affordable Unit,the number calculated by dividing the Initial Sale Price by the Base Income Number at the time of the initial sale from the Developer to an Eligible Purchaser, and which will be multiplied by the Base Income Number at the time of resale to determine(in part)the Maximum Resale Price.In the event that the purchase price paid for any Affordable Unit includes Approved Capital 4 r Improvements,the Resale Price Multiplier shall be recalculated by the Monitoring Agent by dividing the purchase price so paid(not including the Resale Fee)by the Base Income Number at the time of such purchase.. Example: Assume the Base Income Number at the time of the initial sale is $80,800 and the Initial Sale Price is$150,000. The Resale Price Multiplier would equal 1.86(150,000/8000= 1.86). Then assume that at the.time the initial purchaser sells the unit,the Base Income Number has increased to$88,072 and Approved Capital Improvements (e.g.,a new roof)equal$5,000,the Maximum Resale Price(herein defined)would be calculated as follows: $88,072 x 1.86= $163,814+the Resale Fee(herein defined)+$5,000. If the subsequent purchaser sells the unit at a time when the Base Income Number is$85,000,the Maximum Resale Price would be calculated as follows: (i)recalculated Resale Price Multiplier= 1.92(168,814/88,072= 1.92); (ii)$85,000 x 1.92=$163,200+the Resale Fee+Approved Capital Improvements (if applicable). The initial Resale Price Multiplier for each Affordable Unit is set forth in Exhibit B attached hereto. Resale Restrictions shall have the meaning set forth in Section 5(b)hereof. Total Development Costs means the total budget for the acquisition and construction of the Project(including both hard and soft costs), as approved by the Project Administrator. Unit Purchaser shall have the meaning set forth in Section 5(a)hereof. Windfall Amount shall have the meaning set forth in Section 5(c)hereof. 2. Construction Obligations. The Developer agrees to construct the Project in accordance with plans and specifications approved by the holder of the mortgage securing the Loan(the "Plans and Specifications")and in accordance with all terms and conditions of the Comprehensive Permit. All Affordable Units to be constructed as part of the Project must be similar in exterior appearance to other units in the Project and shall be evenly dispersed throughout the Project. In addition, all Affordable Units must contain complete living facilities including but not limited to a stove,kitchen cabinets,plumbing fixtures,and washer/dryer hookup,all as more fully shown in the Plans and Specifications. The Project must fully comply with the State Building Code and with all applicable state and federal building, environmental,health,safety and other laws,rules, and regulations,including without limitation all applicable federal and state laws,rules and regulations relating to the operation of adaptable and accessible housing for the handicapped. Except to the extent that the Project is exempted from such compliance by the Comprehensive Permit,the Project must also comply with all applicable local codes, ordinances and by-laws. The Project Administrator shall monitor compliance with the construction obligations set forth in this section in such manner as the Project Administrator may deem reasonably necessary. 5 f 3. Maximum Initial Sales Price/Maximum Resale Price. The Developer agrees to sell each Affordable Unit to an Eligible Purchaser for no more than the Maximum Initial Sales Price set forth in Exhibit B attached hereto and incorporated herein by reference. The initial Resale Price Multiplier for each Affordable Unit shall be as set forth on Exhibit B attached hereto. Prior to the delivery of the first deed for each Affordable Unit,the Project Administrator shall issue the Resale Price Certificate to the Developer, and the Developer shall record the Resale Price Certificate with the first deed of each Affordable Unit. On resale of an Affordable Unit, if the Maximum Resale Price includes Approved Capital Improvements,the Monitoring Agent shall issue a new Resale Price Certificate which recalculates the Resale Price Multiplier,and the purchaser shall record the new Resale Price Certificate immediately after the recording of the deed to such Affordable Unit. The Resale Price Multiplier set forth in the most recently recorded Resale Price Certificate shall apply to each subsequent resale of the Affordable Unit. 4. Subsidized Housing Inventory. The units in the Project designated on the Plans and Specifications and the Comprehensive Permit as Affordable Units shall be included in the Subsidized Housing Inventory as that term is described in 760 CMR 31.04(1)in accordance with rules and regulations issued by DHCD, as amended from time to time. 5. Deed Riders;Affordability Requirement. (a) At the time of sale of each Affordable Unit by the Developer,the Developer shall execute and shall as a condition of the sale cause the purchaser of the Affordable Unit to execute a Deed Rider in the form of Exhibit C attached hereto and incorporated herein by reference. Such Deed Rider shall be attached to and made a part of the deed from the Developer to the initial purchaser of the Affordable Unit(the"Unit Purchaser"). Each such Deed Rider shall require the Unit Purchaser at the time he desires to sell the Affordable Unit to offer the Affordable Unit to the Monitoring Agent at a discounted purchase price more particularly described therein. The Monitoring Agent shall have the option upon terms more particularly described in the Deed Rider either to permit the sale of the Affordable Unit to the Municipality or to find an Eligible Purchaser. There shall be Affirmative Fair Marketing prior to the selection of an Eligible Purchaser. (b) The Deed Rider shall require the seller and the Eligible Purchaser to execute at the time of resale a Deed Rider approved by the Monitoring Agent,which will be attached and made a part of the deed to the Eligible Purchaser, so that the affordability of the Affordable Unit will be preserved each time that subsequent resale of the Affordable Unit occurs. (The various requirements and restrictions regarding resale of an Affordable Unit contained in the Deed Rider are hereinafter referred to as the"Resale Restrictions"). (c) If,upon the initial resale or any subsequent resale of an Affordable Unit,the Monitoring Agent in the exercise of due care with the full cooperation of the then current owner is unable to find an Eligible Purchaser for the Affordable Unit and the Municipality fails to exercise its right to purchase the Affordable Unit,the then-current owner of the Affordable Unit shall have the right to sell the Affordable Unit to any person,regardless of his income and assets and at fair market value (as more fully 6 described in Section 4 of the Deed Rider), free of any future Resale Restrictions, provided that the difference between the actual resale price and the discounted purchase price for which the Municipality or an Eligible Purchaser could have purchased the Affordable Unit(the "Windfall Amount") shall be paid by the then-current owner of the Affordable Unit to the Municipality. The Municipality agrees that all sums constituting Windfall Amounts from the sale of Affordable Units shall be deposited in the Municipality's Affordable Housing Fund(as that term is hereinafter defined). (d) In the event the Municipality purchases an Affordable Unit,the Municipality shall promptly after its acceptance of a deed of such Affordable Unit,either(i)sell the Affordable Unit,after Affirmative Fair Marketing,to an Eligible Purchaser at the same price for which it purchased the Affordable Unit plus any expenses incurred by the Municipality during its period of ownership subject to the Deed Rider,with the recording of an Eligible Purchaser Certificate satisfactory in form and substance to the Monitoring Agent,or(ii)rent the Affordable Unit to a person or household who would qualify as an Eligible Purchaser upon terms and conditions applicable to low-income rental units under the Massachusetts Dousing Finance Agency Enabling Act. The Municipality shall not sell or rent to a person or household who would not qualify as an Eligible Purchaser. (e) Whether any such Affordable Unit will remain a Subsidized Housing Unit included in the Subsidized Housing Inventory shall be determined solely by the rules and regulations issued by DHCD then in effect. The parties agree that all reasonable measures should be taken so as to preserve the affordability of the Affordable Units during the full period of affordability,subject to the terms of the Deed Rider. 6. Limited Dividend Requirement. (a)Developer agrees that the aggregate profit from the Project which shall be payable to Developer or to the partners, shareholders or other owners of Developer or the Project shall not exceed twenty percent (20%)of Total Development Costs of the Project(the "Allowable Profit"),which development costs have been approved by the Monitoring Agent on behalf of the Project Administrator pursuant to the Monitoring Services Agreement. (b)Upon issuance of a final Certificate of Occupancy for the Project or upon the issuance of final Certificates of Occupancy for all of the Units,the Developer shall deliver to the Monitoring Agent an itemized statement of Total Development Costs together with a statement of gross income from the Project received by the Developer to date in form satisfactory to the Monitoring Agent(the "Certified Cost and Income Statement")prepared and certified by a certified public accountant satisfactory to the Monitoring Agent. If all Units at the Project have not been sold as of the date the Certified Cost and Income Statement is delivered to the Monitoring.Agent,the Developer shall at least once every ninety(90)days thereafter until such time as all of the Units are sold,deliver to the Monitoring Agent an updated Certified Cost and Income Statement. (c) If any Unit is sold prior to the date the initial Certified Cost and Income Statement is approved by the Monitoring Agent, the Developer shall upon the request of the Project Administrator provide evidence reasonably satisfactory to the Project 7 v Administrator that any profit distributed to the Developer on such sale,combined with reasonably projected total profits from the Project,will not exceed the Allowable Profit. The holder of the mortgage securing the Loan shall not be obligated to release the Unit being sold as security for the Loan until the Developer has satisfied this requirement. (d)All profits from the Project in excess of the Allowable Profit(the "Excess Profit")shall'be paid by the-Developer to the Municipality. The Municipality agrees that all amounts constituting Excess Profit shall be deposited in the Affordable Housing Fund (as hereinafter defined). (e)Notwithstanding the foregoing,the Project Administrator shall have the sole right to approve the Certified Cost and Income Statement and to determine the Allowable Profit.For so long as the Developer complies with the requirements of this Section 6,the Developer shall be deemed to be a limited dividend*organization within the meaning of the Act. 7. Affordable Housing Fund. The Municipality agrees that upon the receipt by the Municipality of any Windfall Amount,Excess Profit,or any amount paid to the Municipality pursuant to the provisions of Sections 3,4 and 6 of the Deed Rider(the "Additional Windfall Amounts"),the Municipality shall deposit any and all such Windfall Amounts,Excess Profit,or Additional Windfall Amounts into an interest bearing account established with an institutional lender(the"Affordable Housing Fund"). Sums from the Affordable Housing Fund shall be expended from time to time by the Municipality for the purpose of reducing the cost of Affordable Units to Eligible Purchasers upon resale or for the purpose of encouraging,creating,or subsidizing the construction or rehabilitation of housing for persons and families who qualify as Eligible Purchasers elsewhere in the Municipality. 8. Marketing Plan. Prior to marketing or otherwise making available for sale any of the Units,the Developer must obtain the Project Administrator's approval of a marketing plan(the"Marketing Plan")for the Affordable Units to be administered under the supervision of the Monitoring Agent. Such Marketing Plan must describe the buyer selection process for the Affordable Units, including any lottery or similar procedure for choosing among Eligible Purchasers,and must provide for Affirmative Fair Marketing of Affordable Units. At the option of the Municipality,the Marketing Plan may also include a preference for local residents for up to seventy percent(70%)of the Affordable Units; provided that,in the event a local resident preference is established,use of the preference shall not violate applicable fair housing laws and regulations. When submitted to the Project Administrator for approval,the Marketing Plan should be accompanied by a letter from the Chief Elected Official of the Municipality which states that the buyer selection process and local preference(if any)have been approved by the Municipality and that the Municipality will perform any aspects of the Marketing Plan which.are set forth therein as responsibilities of the Municipality. All costs of carrying out the Marketing Plan with respect to outreach, location and selection of the initial Eligible Purchasers shall be paid by the Developer; thereafter, such costs shall be paid from the Resale Fee(as defined in the Deed Rider). The Developer agrees to maintain for at least five (5)years following 8 it J the sale of the last Affordable Unit, a record of all newspaper ads,outreach letters, translations,leaflets,and all Affirmative Fair Marketing efforts (collectively'Marketing Documentation")as described in the Marketing Plan. The Marketing Documentation may be inspected at any time by the Monitoring Agent,the Project Administrator and the Municipality. If at any time prior to or during the initial process of marketing the Affordable Units,the Project Administrator determines that the Developer or the Monitoring Agent has not adequately complied with the approved Marketing Plan,the Developer or Monitoring Agent,as the case may be, shall take such additional corrective measures as shall be specified by the Project Administrator. Until the mortgage securing the Loan is discharged,the Marketing Plan shall not be amended without the approval of the holder of such mortgage; thereafter,any changes shall be approved by the Monitoring Agent. 9. No Discrimination. Neither the Developer nor the Municipality shall discriminate on the basis of race, creed,color,sex, age,handicap,marital status;national origin,or any other basis prohibited by law in the selection of buyers for the Units; and the Developer shall not so discriminate in connection with the employment or application for employment of persons for the construction,operation or management of the Project. 10. Monitoring Agent. The Developer shall retain CHAPA for purposes of administration,monitoring and enforcement under this Agreement pursuant to an agreement substantially in the form of the Monitoring Services Agreement attached hereto as Exhibit D. All notices and reports required to be submitted under this Agreement shall be submitted simultaneously to the specified entity and to CHAPA. In the event that CHAPA shall cease to serve or shall fail to exercise diligence and care in its duties, a successor monitoring agent shall be selected in accordance with the provisions of Section 6 of the Monitoring Services Agreement. 11. Compliance. The Developer agrees to comply and to cause the Project to comply with all requirements of the Comprehensive Permit,the Guidelines and all other applicable laws,rules,regulations, and executive orders. The Project Administrator,the Monitoring Agent and the Chief Elected Official of the Municipality(from the date hereof through the date which is five(5)years after the Developer has sold the last unit in the Project) shall have access during normal business hours to all books and records of the Developer and the Project in order to monitor the Developer's compliance with the terms of this Agreement. 12. Recording. Upon execution,the Developer shall immediately cause this Agreement and any amendments hereto to be recorded or filed with the Registry,and the Developer shall pay all fees and charges incurred in,connection therewith. Upon recording or filing, as applicable,the Developer shall immediately transmit to the Project Administrator and the Monitoring Agent evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. 13. Developer's Representations, Covenants and Warranties. The Developer hereby represents,covenants and warrants as follows: 9 (a) The Developer(i) is a[insert form of entity]duly organized under the laws of the Commonwealth of Massachusetts,and is qualified to transact business under the laws of this State, (ii)has the power and authority to own its properties and assets and to carry on its business as now being conducted, and(iii)has the full legal right,power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Developer(i) will not violate or,as applicable,has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and(ii)will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage,mortgage note,or other instrument to which the Developer is a party or by which it or the Project is bound,and(iii)will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Developer will,at the time of execution and delivery of this Agreement,have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance(subject to encum- brances created pursuant to this Agreement,and any other documents executed in connection with the Loan,or other encumbrances permitted by the Project Administrator). (d) There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or, to the knowledge of the Developer,threatened against or affecting it,or any of its properties or rights,which, if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement)or would materially adversely affect its financial condition. (e) (i)That the undersigned Trustee(s) are the sole Trustee(s)of said Trust, duly appointed in accordance with the terms of the Trust; (ii)that said Trust has not been altered, amended,revoked,or terminated,and is presently in full force and effect as recorded; (iii)that pursuant to the powers granted under said Trust, the Trustee(s)have the power and authority to execute this Agreement,transfer real estate,and to execute and deliver deeds and,related closing documents of any or all trust property; (iv)that if under said Trust the consent of beneficiaries is required to authorize the Trustee(s)to execute this Agreement,that written consent of all beneficiaries has been obtained; and(v)that no beneficiary is a minor, a corporation selling all or substantially all of its assets or a personal representative of an estate subject to estate tax liens or is now deceased or under any legal disability. [for use when Developer is nominee trust] 10 l _ . q t 14. Restrictions on Transfers and Junior Encumbrances. Except for sales of Units to homebuyers as permitted by the terms of this Agreement,Developer will not sell,transfer,lease, exchange or mortgage the Project without the prior written consent of the Monitoring Agent and(for so long as the Loan is outstanding)the holder of the mortgage securing the Loan. 15. Casual . Until such time as decisions regarding repair of damage due to fire or other casualty,or restoration after talang by eminent domain, shall be made by a condominium association.or trust not controlled by the Developer(or if the Project consists of detached dwellings,by homebuyers),Developer agrees that if the Project,or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use,the Developer will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the.event causing such damage or destruction,or to relieve the condemnation,and thereafter to operate the Project in accordance with the terms of this Agreement, subject to the approval of the holder of the mortgage securing the Loan(for so long as the Loan is outstanding). 16. Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part, or provision of this Agreement shall not affect the validity of the remaining portions hereof. 17. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party(or its successor)may from time to time designate by written notice: Project Administrator: Massachusetts Housing Finance Agency One Beacon Street Boston,MA 02108 Attention: General Counsel Municipality: Developer: 11 Y Monitoring Agent: Citizens Housing and Planning Association,Inc. 18 Tremont Street Boston,Massachusetts 02108 Attention: Executive Director 18. Term, (a)The term of this Agreement shall continue until the date the Developer has sold all of the Affordable Units subject to the Deed Rider containing the Resale Restrictions in accordance with this Agreement and the Monitoring Agent and the Project Administrator have determined that the Developer has complied with the limited dividend requirement contained in Section 9 hereof.The recording of a discharge of this Agreement executed by the Project Administrator shall evidence the end of the Term. (b)The Developer intends,declares and covenants on behalf of itself and its successors and assigns that.this Agreement and the covenants,agreements and restrictions contained herein(i)shall be and are covenants running with the land, encumbering the Project for the term of this Agreement as provided in subsection(a)of this Section 18,and are binding upon the Developer's successors in title,(ii)are not merely personal covenants of the Developer,and(iii) shall bind the Developer,its successors and assigns and enure to the benefit of the Project Administrator and the Municipality and their successors and assigns for the term of the Agreement. Developer hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (c) The Resale Restrictions contained in each of the Deed Riders which are to encumber each of the Affordable Units at the Project pursuant to the requirements of this Agreement shall constitute an affordable housing restriction as that term is defined in Section 31 of Chapter 184 of the Massachusetts General Laws. Such Resale Restrictions shall be for the benefit of the Municipality,and the Municipality shall be deemed to be the holder of the affordable housing restriction created by the Resale Restrictions in each of the Deed Riders. 19. Further Information. The Developer and the Municipality each agree to submit any information,documents or certifications requested by the Monitoring Agent which the Monitoring Agent shall deem necessary or appropriate to evidence the continuing compliance of the Developer and the Municipality with the terms of this Agreement. 20. Defaults: Remedies. (a)The Developer and the Municipality each covenant and agree to give the Project Administrator written notice of any default, violation or breach of the obligations of the Developer or the Municipality hereunder (with a copy to the other party to this Agreement)within seven(7)days of first discovering such default,violation or breach(a"Default Notice"). If the Project 12 I Administrator becomes aware of a default,violation,or breach of obligations of the Developer or the Municipality hereunder without receiving a Default Notice from Developer or the Municipality,the Project Administrator shall give a notice of such default,breach or violation to the offending parry(with a copy to the other party to this Agreement) (the"Project Administrator Default Notice"). If any such default,violation, or breach is not cured to the satisfaction of the Project Administrator within thirty(30) days after the giving of the Default notice by the Developer or the Municipality,or if no Default Notice is given,then within thirty(30)days after the giving of the Project Administrator Default Notice,then at the Project Administrator's option,and without further notice,the Project Administrator may either terminate this Agreement,or the Project Administrator may apply to any state or federal court for specific performance of this Agreement, or the-Project Administrator may exercise any other remedy at law or in equity or take any other action as may be necessary or desirable to correct non- compliance with this Agreement. (b)If the Project Administrator elects to terminate this Agreement as the result of a breach,violation, or default hereof,which breach,violation, or default continues beyond the cure period set forth in this Section 20,then whether the Affordable Units continue to be included in the Subsidized Housing Inventory shall from the date of such termination be determined solely by DHCD rules and regulations then in effect. 21. Enforcement Services. In the event of serious or repeated violations of the substantive or reporting requirements of this Agreement or a failure by the Developer to take appropriate actions to cure a default under this Agreement,the Municipality or the Monitoring Agent(with the prior consent of the Municipality)shall have the right to take appropriate enforcement action against the Developer,including,without limitation,legal action to compel the Developer to comply with the requirements of this Agreement. Notwithstanding anything herein to the contrary, for so long as the Loan is outstanding, neither the Municipality nor the Monitoring Agent shall take any enforcement action against the Developer without prior notice to the holder of the mortgage securing the Loan. The Developer shall pay all fees and expenses(including legal fees)of the Monitoring Agent in the event enforcement action is taken against the Developer hereunder. The Developer hereby grants to the Monitoring Agent and the Municipality a lien on the Project,junior to the lien securing the Loan,to secure payment of such fees and expenses. The Monitoring Agent and the Municipality shall be entitled to seek recovery of its respective fees and expenses incurred in enforcing this Agreement against the Developer and to assert a lien on the Project,junior to the lien securing the Loan,to secure payment by the Developer of such fees and expenses. The Monitoring Agent and the Municipality may perfect a lien on the Project by recording/filing one or more certificates setting forth the amount of the costs and expenses due and owing in the Registry.A purchaser of the Project or any portion of the Project shall be liable for the payment of any unpaid costs and expenses which were the subject of a recorded/filed certificate prior to the purchaser's acquisition of the Project or any portion thereof. 22. Intent and Effect. The terms and conditions of this Agreement have been freely accepted by the parties. The provisions and restrictions contained herein exist to 13 further the mutual purposes and goals of DHCD,the Project Administrator,the Municipality and the Developer set forth herein to create and preserve access to land and to decent and affordable homeownership opportunities for eligible families who are often denied such opportunities for lack of financial resources. 23. Conflict. In the event of any conflict or inconsistency between the terms of the Comprehensive Permit and the terms and provisions of this Agreement,the terms and provisions of this Agreement shall control. Executed as a sealed instrument as of the date first above written. DEVELOPER By: its MASSACHUSETTS HOUSING FINANCE AGENCY, as Project Administrator as aforesaid By: Laurie R. Wallach,General Counsel MUNICIPALITY By: Chairman,Zoning Board of Appeals Exhibit A-Legal Description Exhibit B -Maximum Initial Sales Prices/Initial Resale Price Multipliers for Affordable Units Exhibit C-Form of Deed Rider Exhibit D—Form of Monitoring Services Agreement A 14 w COMMONWEALTH OF MASSACHUSETTS ss. , 2004 On this day of , 2004,before me,the undersigned notary public,personally appeared proved to me through satisfactory evidence of identification,which were , and acknowledged the foregoing instrument to be his/her/their free act and deed before me,to be the person whose name is signed on the-preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. Notary Public: My commission expires: COMMONWEALTH OF MASSACHUSETTS ss. 2004 -On this day of ,2004,before me,the undersigned notary public,personally appeared .proved tome through satisfactory evidence of identification,which were and acknowledged the foregoing instrument to be his/her/their free act and deed before me,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. Notary Public: My commission expires: • N COMMONWEALTH OF MASSACHUSETTS , ss. f 2004 On this day of , 2004,before me,the undersigned notary public,personally appeared proved to me through satisfactory evidence of identification,which were and acldiowledged the foregoing instrument to be his/her/their free act and deedbefore me,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. Notary Public: My commission expires: f •w EXHIBIT A Legal Description NOTE: LEGAL DESCRIPTION MUST INCLUDE THE ENTIRE PARCEL SUBJECT. TO THE COMPREHENSIVE PERMIT,AND DEVELOPER MUST HAVE LEGAL TITLE TO THE PROPERTY AT TIME OF RECORDING THIS AGREEMENT. EXHIBIT B Maximum Initial Sales Prices/Initial Resale Price Multipliers for Affordable Units Type of Unit Maximum Initial Sales Price Initial Resale Price Multiplier One bedroom units $ Two bedroom units $ Three bedroom units $ Four bedroom units $ NOTE: THE MAXIMUM INITIAL SALES PRICE MUST NOT EXCEED THE PRICE CALCULATED WITH RESPECT TO AREA MEDIAN INCOME BASED ON HOUSEHOLD SIZE FOR THE APPROPRIATE SIZED HOUSEHOLD DETERMINED BY DHCD GUIDELINES FOR THE SIZE OF THE UNIT. i '1 t EXHIBIT C HEED RIDERI (SEE ATTACHED) . � i ' v EXHIBIT D MONITORING SERVICES AGREEM ENTI (SEE ATTACHED) y,<3 p, Bk 22482 Ps 171 rE.d3u6 11-191-2007 & 03= 15p Sewer Easement Agreement: Agreement made this 26th day of September, 2007 by and between Lynn C. Fay, Loretta N. Berry, Anthony G. Offiler, Mariana Ryan, Albert H. Long, Barbara Piscuskas and Steven Home, .Trustees of the Cobblestone Landing 11 M Trust under a declaration of Trust dated January 11, 1989 and recorded in the Barnstable County Registry of Deeds in Book 6592, Page 42 having a mailing v, address of 50 Centerboard Lane, Hyannis, Mass. 02601, hereinafter called c "Grantor," and Jacques N. Morin and Martha M..Morin, of 1597 Falmouth Road, Suite 4, Centerville, Massachusetts 02632 hereinafter called "Grantees." 1. Grantees are the owners of two parcels of land consisting of approximately 1.3 acres described within Decree of Confirmation recorded in Barnstable County Registry of Deeds in Book 12119, Pagd•311, and Deed recorded in the Barnstable County Registry of Deeds in Book 12257,Page 241, said land being shown as Lots 1 through 49, inclusive, and Settlers Lane on two. plans of land entitled (a) "Settlers Landing I, Comprehensive Permit Plan, in Barnstable (Hyannis), MA, prepared for Settlers Landing Realty Trust, Date: August 18, 2005, Scale 1"=40',"which plan is duly recorded in said Registry of Deeds in Plan Book 610, Page 93, and (b) "Settlers Landing 11, (Subdivision #812), Definitive Plan Subdivision of Land in Barnstable (Hyannis), MA, prepared for Settlers Landing-11 Realty Trust, Date:August 18, 2005, Scale 1"=40',"which plan is duly recorded in said Registry of Deeds in Plan Book 610, Page 94, '^ (hereinafter collectively called "the Proposed Site"). For Grantee's title, see the above-referenced Decree of Confirmation and Deed, respectively. 2. Grantees through their respective entities, Jacques Morin, Trustee of Settlers Landing Realty Trust under a declaration of trust dated August 3, 2000, and Martha M. Morin, Trustee of Settlers Landing 11 Realty.Trust under a -� declaration of trust dated September 14, 2005, have proposed to build two ` se prate subdivisions on the Proposed Site, one of which shall be developed e under the provisions of a comprehensive permit issued pursuant to Massachusetts General Laws Chapter 40B, (hereinafter called "the 40B Developmen€) and the other of which shall be developed under the provisions of a special permit issued pursuant to the Town of Barnstable Zoning Ordinance (hereinafter called "the Special Permit Development"), 3. Grantees have obtained a Comprehensive Permit providing for the construction of 20 homes in the 40B Development dated May 1, 2006 and Bk 22482 , Pg 172 #66386 recorded with the Barnstable County Registry of Deeds in Book 21233, Page 107. 4. Grantees have obtained a Special Permit providing for the construction of 29 homes in the Special Permit Development dated June 19,2006 and recorded with said Registry of Deeds in Book 21233, Page 125. 5. Grantees desire to connect to the public sewer located on certain private roads within a subdivision shown.on a plan entitled "Definitive Subdivision Plan of Land in Barnstable, Mass. (Hyannis), prepared for Capricorn Realty Trust"dated May 5, 1986, and recorded in the Barnstable County Registry of Deeds in Plan Book 425, Pages 29-34. Said plan is hereinafter called "the Cobblestone Subdivision Plan." 6. The Grantors hold title to the "Open Space including the area shown as "Reserved For Future Roadway 50'Wide"shown on the Cobblestone Subdivision Plan. 7. In consideration of the mutual covenants and agreements contained herein, Grantors hereby grant to Grantees and their heirs, successors and assigns the perpetual right and easement to lay, maintain, operate, repair, and replace sewer pipes, apparatus, equipment, and other usual fixtures in an area shown as"Reserved For Future Roadway 50'Wide" on the Cobblestone - Subdivision Plan for the benefit of and as appurtenant to the Proposed Site. Said area is hereinafter called "Sewer Easement Area"and is depicted as "Roadway Reserved Area (Sewer Easement Area) on the Sewer Easement Landscape Plan annexed hereto as Exhibit 1 (hereinafter the"Sewer Easement Plan"). In addition, the Grantors hereby grant to the Grantees the perpetual right and easement to lay, maintain, operate, repair, and replace sewer pipes, apparatus, equipment, and other usual fixtures in that portion of Daybreak Lane, as shown on the Cobblestone Subdivision Plan, which lies in front of said Sewer Easement Area, to connect to the public sewer therein. Any portion of Daybreak Lane that has been excavated for purposes of connecting to the sewer line or for maintenance, repair, or replacement, or installation of pipe, conduits, or other sewer apparatus shall be deemed a part of the Sewer Easement Area and shall be subject to the same requirements, terms, and conditions as the Sewer. Easement Area, including, but not limited to the obligation to the restore any disturbed or excavated area of Daybreak Lane in accordance with the time schedule set forth within Section 8. 8. The Grantees shall restore the surface of the Sewer Easement Area to the condition it was in at the time of the exercise of any rights hereunder. In addition, the Grantees shall plant and maintain for a period of one year the plants,trees, and other landscape improvements shown on the Sewer Easement Plan. Any original installation or any subsequent repair, replacement, or maintenance of the sewer pipe, apparatus, equipment, or.fixtures shall be 2 Bk 22482 Pg 173 #66386 completed within fourteen business days from the time that any work commences and in the event that any such work is not completed within fourteen business days from the commencement thereof, then the Grantees shall pay to the Grantor the sum of$100.00 per day for each day in excess of 14 business' , days. Landscaping shall be completed within a period not to exceed five(5) months. The terms of this Paragraph shall apply not only at the time of original installation of the sewer pipe, apparatus, equipment, and fixtures, but shall also apply at the time of any repair, replacement, or maintenance work. Excepted and excluded from the calculation of any such fourteen business day period shall be any period of time said Sewer Easement Area is required to be kept open for the purposes of inspection and approval by any Town or State agency or , department. For purposes of this section,work shall be deemed to be complete when all apparatus has been covered and the disturbed area has been graded to its original level. 9.The Grantees shall not nor shall anything within this grant permit the Grantees to use the Sewer Easement Area as a road, way, street, driveway, or access to the Proposed Site, to the 40B Development, or to the Special Permit Development. The Grantees shall not install or construct within the Sewer Easement Area any road, way, street,driveway, access area, or any surface composed of bituminous material, macadam, concrete, gravel, stone,.nor any other hardening, impervious, or road base material 10. The Grantees shall not install or maintain any sewer apparatus within the Sewer Easement Area above ground or-in such a manner as to be visible above ground. 11. The Grantees'shall impose upon the 40B Development and the Special Permit Development a set of covenants, subject to the review, change and or acceptance by PHI-AHD legislation, by the Special Permit Granting' Authority or the Zoning Board of Appeals and shall subject each and every deed given with respect to the,Proposed Site, the 40B Development and the Special Permit Development to said covenants and include said covenants within each and every deed. Said Protective Covenants are set forth within an Agreement entitled "Protective Covenants Agreement"dated November 18, 2004, a copy of which is annexed hereto as Exhibit 2, the terms of which are incorporated herein by reference. Said covenants are hereinafter called"the Development Covenants." This clause shall not prohibit future-amendments to the Development Covenants through voting members of the Settlers Landing Association; provided; however, that covenants, Nos. 5, 10 and 19 may not be amended, waived or released at any time. 12. The Grantees shall complete landscape screening along each and . every boundary line of the Proposed Site in accordance with and as required by the plan entitled "Settler's Screening Plan"dated and signed by the Grantees, a copy of which is attached hereto and:marked as Exhibit 3. Said plan is to provide for evergreen plantings (white pines, hemlocks, spruce, arborvitae or ` - it G ' Bk 22482 Pg 174 #66386 combinations of the same) ordered at V-6' height and to be planted at ten foot distance separation as shown in Exhibit 3.. If an existing tree is in the way, , preventing a 10 foot separation,then the Grantees shall either remove the tree or increase the 10 foot separation so as to keep the existing tree. Trees shown on the Settler's Screening Plan shall be installed as each lot is cleared, developed, and landscaped.Areas defined in paragraph 9 of the Performance Standards shall be aided b that language. 9 . Y 13. Grantees shall provide Grantor with a copy of all permits and inspections from the Town of Barnstable for said sewer'connection. Grantees and any successors and assigns shall maintain and repair any such sewer ` connection in good working order. . 14. Upon execution and delivery of this Sewer Easement Agreement and the performance of the conditions set forth within the Settlement Agreement executed on November 18, 2004 and the Neighbors Settlement Agreement executed on November 18, 2004 between the Grantor and the Grantees the Grantees shall pay to the Grantor the sum of Forty Thousand and NoI100ths Dollars ($40,000.00) as further consideration for this Sewer Easement Agreement. Said sum shall be payable as follows:The sum of Twenty Thousand ($20,000.00)shall be paid upon the execution and delivery of this Sewer Easement Agreement. The sum of Ten Thousand ($10,000.00) shall be paid upon the sale of the first four homes in either the 40B Development or the Special Permit Development or within nine (9)months from the date of delivery of this Sewer Easement Agreement, whichever shall be the first to occur. The balance of Ten Thousand,($10,000.00) shall be paid upon the sale of the next two homes in either the 40B Development or the Special Permit Development or within one year from the date of delivery of this Sewer Easement Agreement, whichever shall be the first to'vccur. The installment payments shall be guaranteed by Jacques Morin and Martha Morin in their individual.and personal capacities and they shall each sign the guaranty set forth on the signature page of this Sewer Easement Agreement. In the event that the Grantees breach the. terms of this Sewer Easement Agreement, the Grantees shall not be entitled to any refund of any portion of said payment nor shall Grantees be entitled to a refund of any portion of said payment under any other circumstance, said payment being non-refundable consideration for this Easement. , 15. Under no circumstances shall the Grantees construct, erect, or install on the Proposed Site any more than 49 single family homes. Forty-four of the homes shall consist of no more than 3 bedrooms each. The remaining five homes may-contain more than three bedrooms subject to all applicable local, regional, state, or federal laws,statutes, regulations;by-laws, or ordinances, provided that such five homes shall not be placed upon lots that abut one another. 16. The following'shail.be considered breaches of this,Sewer Easement t:Agreemen = , 4 i Bk 2248'2 Pg 175 #66386 A. The breach by the Grantees of any of the terms, conditions, or agreements set forth herein. B. The failure, refusal, or neglect of the Grantees to.adhere' to the terms of the Comprehensive Permit or the breach by the Grantees of any of the terms, conditions, or provisions thereof. C. The construction or development of any structures,projects, buildings, or developments other than the 40B Development as permitted by the Comprehensive Permit and the Special Permit Development as permitted by the Special Permit: p.. A Upon the occurrence of any such breach, the Grantor shall send to the Grantees written notice of any such breach,by certified mail, return receipt requested, which said notice shall specifically detail and describe the breach. Upon receipt of said written notice the Grantees shall have a period of sixty(60) days to take reasonable and necessary steps to correct and cure any such breach. Upon not less than ten (10)days prior notice to the Grantors, the Grantees may request that the Grantors or any one of them, execute,acknowledge and deliver to the person or persons giving such notice, a statement certifying that there has been no breach of this Sewer Easement Agreement by the Grantees as of the date of issuance of such certificate. Such certification executed by any one or more of the then Trustees of Cobblestone Landing 11 Trust when recorded at the Barnstable County Registry of Deeds shall be conclusive evidence of facts , set forth therein as of the date of issuance of such certificate and may be relied. upon by the Grantees and those claiming under them. The issuance and/or recording of any such certificate shall not preclude any subsequent action by the Grantors to enforce the terms of the Sewer Easement Agreement because of a subsequent breach thereof: 11. In the event that Grantees breach any term, condition, or provision of this Sewer Easement Agreement, and thereafter fail to cure or correct any such breach in accordance with the provisions of Section 16,above, then the Grantor may commence in the Barnstable Superior Court an action'for specific performance to compel the Grantees'to cure any such breach, in which event, if the Grantor is successful, the Grantor shall be entitled to reimbursement for its reasonable costs in enforcing this Sewer Easement Agreement, including reasonable attorney's fees. In addition to the above remedy, the Grantor may at its option enforce the terms of this Sewer Easement Agreement by any other lawful means, including but not limited to an action for injunctive relief or for damages filed in an appropriate court or other judicial forum. In any action commenced pursuant to this Section, the Grantees shall not be entitled to raise or assert any counterclaim or any defense other than a denial that they have breached or otherwise failed, refused, or neglected to comply with the terms, 5 a Bk 22482 Pg 176 #66386 conditions or provision hereof and.thaf they'have taken.reasonable and necessary steps within a period of sixty(60) days of said breach to correct or cure said breach, and they hereby waive any and all rights to do so; and, in any such action, if the Grantor is successful, the Grantor shall be entitled to reimbursement for its reasonable costs in pursuing the same, including reasonable attorney's fees. Moreover, Grantees waive any right to claim a trial by jury in any such action commenced pursuant to this section. In any action commenced pursuant to this Section 17 the-Grantees shall not be entitled under any circumstances to recover their costs or legal fees and hereby waive any right to claim either costs or legal fees. 18. As used herein, the term "Grantees"shall include their heirs, successors, assigns, and subsequent grantees and the benefits and obligations of this Sewer Easement Agreement shall "inure to said heirs, successors, assigns, and subsequent grantees.- - As used herein,the term "Grantor"shall include its heirs, successors, assigns, and subsequent grantees and the benefits and obligations of this Sewer Easement Agreement shall inure to said heirs, successors, assigns, and subsequent grantees. 19. This Sewer Easement Agreement shall be construed under the Laws of the Commonwealth of Massachusetts. In the event that any term, condition, or provision hereof is deemed by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining terms of the Sewer Easement Agreement,all of which'shall remain in full force and effect. 20. For Grantor's title see deed of Cobblestone Landing, Inc. dated December 3, 1997 and recorded in the Barnstable County Registry of Deeds in Book 13025, Page 176. Executed as a sealed instrument. Grantor: Grantees: Cobblestone Landing Il Trust 49 By: ZB L C. Fay, T ustee J N. 1916rin By. Loretta erry,. rus ee Martha M. Morin 6 Bk 22482 Pg 177 #66386 An pony Gbfter, Trustee By: Mariana Ryan', Trustee By: Albert H. Long, Trustee By: arbara Piscuskas, Trustee By. Aeven ne, Trustee COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this�`I—day =-_of , 2007, before me, the undersigned notary public, personally appeared Lynn C. Fay; Trustee of Cobblestone Landing I!Trust, proved to me through satisfactory evidence of identification, which was a Massachusetts drivers license, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily as Trustee of Cobblestone Landing li Trust, for its stated purpose. NotaryAPublic My commission expires: t d8 AMY E.BURROW Notary Public Commonwealth of Massachusetts My Commission Expires June 13,2008 . Bk 22482 Pg' 178 #66386 COMMONWEALTH OF MASSACHUSETfS Bamstable,ss. r� �1 On this t day of /v� i ,2' 07, before me, the undersigned notary public, personally appeared Jacques N. Morin, proved to me through satisfactory evidence of identification,which was a Massachusetts drivers license,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he signed it voluntarily for its stated purpose. phmp Michael Boudreau Notary Public lam' My Commission Expires January 213.2011 Npfary Commonwealth of Massachusetts mission expires: COMMONWEALTH OF MASSACHUSETI S Bamstable,ss. On this �� day of ,2007, before me,the r undersigned notary public, personally appeared Martha M. Morin, proved to me through satisfactory evidence of identification,which was a Massachusetts drivers license,to be.the person whose name is signed on the preceding or, attached document,and acknowledged to me that she signed it voluntarily for its stated purpose. i mp Michael Boudreau No Notary Public ZQt1 M ommission expires: *' My Commission Expires January 28, + Commonwealth of Massachusetts .g � f , Bk 22482 Pg 179 #66386 Guaranty Jacques Morin and Martha M. Morin in their individual capacities hereby guaranty the payment of the consideration set forth in Section 14 of the Sewer Easement Agreement. f Wkn7d s - ac es Orin . p Wdne Martha M. Morin Bk 22482 P9 180 #66386 Exh' 1 EXISTING TREES TO.BE RETAINED WITHIN THE EASEMENT TO THE EXTENT LOT 8 FEASIBLE BY CONSTRUCTION. / 10,000 DENSE EVERGREEN PLANTINGS r N TO BE ORDERED AT 5'-6. TO BE PLANTED AS U INDICATED. Q , nN . N (Sal,ROADwq y R Q / ENV. fR FAS, j eSERVJ -61.2 FNT AR gRFA�- t,4 G__ / LOT, 9 s 10,000 f SEWER LIN�s 1 `-S�SE A1 eNr. zQ o / LOT 10 �-- 10,000 w I SEWER EASEW- LANDSCAPE, PLAN' -LOCATION : CASTLE'WOOD CIRCLE,I3YANIVS !F SCALE 1" = 30' DATE : .1 i—09-04 I -of 509-362-4541. t°:508.362-980° PREPARED- FOR: down cape eng►neeriag, inc.CIVIL ENGINEERS Settlers Landing Realty Trust ffi LAND S'URVEXms ' I 939 main st. yarmouth, ma - JOB n 00--018 I - F ,c 0, MAss-40USING Massachusetts Housing Finance Agency , One Beacon Street,Boston,MA 02108 , Tru 617.854.1000 FAY.617.854.1091 Vr: 866.758.1435 wimmasshousing.com February 4s 011 Settlers Landing Realty Trust - - 1597 Falmouth Road, Suite 4 Centerville,Massachusetts 02632 Attention: Jacques N. Morin,Trustee RE: Settlers Landing I,Hyannis,MA(PE-030)° ro Final Approval Letter Dear Mr. Moroi: This letter constitutes final approval under.760 CMR 56.04(7) of the project known as Settlers Landing I (the "Project"), following the issuance of a comprehensive permit, pursuant to Massachusetts General Laws Chapter 40B, 760 CMR 56.00, and the Comprehensive Permit Guidelines (the "Guidelines") issued by the Department of Housing and Community Development("DHCD") (collectively,the"Comprehensive Permit Rules'). In accordance with the Comprehensive Permit Rules, the applicant must present final written approval ("Final Approval") for the Project fiom the Subsidizing Agency prior to the issuance of any municipal permits for the Project. On November 14,2005, the Massachusetts Housing Finance Agency("MassHousing") issued an amended Site Approval/Prc ject Eligibility Letter for the Project under the following programs: e MassHou'sing's Housing"Starts program e New England Fund Program of the Federal Home Loans Bank of Boston The Project (the "Final Project"), as approved under the Comprehensive Permit issued by the Town of Barnstable Board of Appeals (the `Board") dated May 1, 2006 (the "Comprehensive Permit"), consists of the construction of 20 units of ownership housing on approximately 5.61 acres of land located at Settlers Lane(the"Site") in Barnstable (the "Municipality"). According to information presented by Settlers Landing Realty Trust (the "Applicant"), the Project will receive construction financing from Cape Cod Cooperative Bank. At least 25% of the loan amount will be assigned to Cape Cod Cooperative Bank under"the Federal Home Loan Bank of Boston's (FHLBB)New-England Fund(NEF)Program. Pursuant to the Comprehensive Permit and the Comprehensive Permit Rules,the Final Project will contain 5 affordable units of housing Deval L Patrick,Governor [ Ronald A.Homer,Chairman Thomas R.Gleason,Executive Director Timothy P.Murray,Lt.Governor f Michael I pirrane,We Chair I Robert M.Ruzzo,Deputy Director i i Page 2 T Settlers Landing Realty Trust RE: Settlers Landing I PE-030 available for sale to persons or families earning not greater than 80 percent of the area median income ("Income Requirement") in perpetuity("Term Requirement"). The affordable units shall consist of five (5) single family homes each containing three (3) bedrooms. Profit to the developer shall be limited to no more than 20 percent of total development costs for the Project ("Limited Dividend Requirement"). In connection with our determination herein;we have zeviewed(i)the Site Approval (prior to the issuance of which an on-site inspection was performed), (ii) the Comprehensive Permit, (iii) the revised, preliminary plans on which the Comprehensive Permit was lased(the"Plans"), (iv) the form of regulatory agreement (including the form of deed rider and affordability and limited dividend monitoring services agreements attached thereto, the "Regulatory..Agreement") to be recorded with the land records in the registry district in which the Municipality is located, (v) an updated initial pro forma for the Final Project (the "Updated Pro Forma"), (vi) the terms,of the financing to be used for the Final Project, including provisions for monitoring of the Project during construction (the "Financing"), (vii) if not set forth on the Plans, a unit locator plan showing the preliminary location of the affordable units (the "Unit Locator Plan"), and (viii) other pertinent information presented by the applicant and others. As a result of our review, we have made the following findings as required by 760 CMR 56.04(7)(a), as informed by.56.44(1) and.(4): (1) the Final Project appears generally eligible under the requirement of the housing subsidy program, (2) the site of the Final Project is generally appropriate for residential development, (3) the Final Project design is generally appropriate for the site on which it is located, (4) the Final Project appears financially feasible within the housing market in which it will be situated based on comparable sales figures, (5) the Updated Pro Forma has been reviewed, and the Final Project appears financially feasible on the basis of estimated development costs.and consistent with the Comprehensive Permit Rules, (6) the Regulatory Agreement and attached,form of deed rider,'when properly recorded, contain provisions which reasonably ,.ensure compliance. with the� Income Requirement, Term Requirement and Limited Dividend Requirement (thereby qualifying the Applicant as a limited dividend organization), and(7) the Applicant controls the site. In addition, the affordable units, if located in general conformance with the Unit Locator Plan or the Plans, will be reasonably interspersed with the market rate units. In addition to the above, and as required by 760 CMR 56.04(7)(b)and (c),this Final Approval(i) confirms that the Regulatory Agreement(a copy of which is annexed hereto as Exhibit A),as the proposed Use Restriction, is'in a form consistent with the Comprehensive Permit Rules, (ii) verifies that the cost examination requirements have been acknowledged and that a commitment has been made by the.Applicant to'comply with the cost examination requirements defined in 760 CMR 56,04(8), as evidenced by the Developer's executed Acknowledgement of Obligations (a copy of which is annexed hereto as Exhibit B), and(iii)verifies that adequate financial surety, as defined in the Comprehensive Permit Rules,has been secured sufficient to ensure completion of the cost examination and the distribution of excess funds,in the form of letter of credit entitled Irrevocable Standby Letter of Credit and issued by Cape Cod Cooperative'Bank, 'dated September 30, 2010, received by MassHousing on October 4, 2010, and held by MassHousing ' r Page 3 a Settlers Landing Realty Trust RE: Settlers Landing 1 i PE-030 acting as Subsidizing Agency (formerly, "Project Administrator") under the Comprehensive Permit Rules. We note that the permit as issued contains a local preference condition. Such conditions are subject to the requirements of applicable state and federal fair housing laws.. To the extent such conditions conflict with said laws,the provisions of the fair housing laws must govern. Submission of an examined cost certification will be- required upon completion of the development in order to determine that developer profits do not exceed 201% of total development costs. The developer must adhere to the Land Value Policy described in the Guidelines. The land acquisition cost, for cost certification purposes, has been established at $500,000' based on an appraisal prepared for MassHousing by Robert Saben as of June 20,2002. Please note that while MassHousing has reviewed the Updated Pro Forma and determined that it appears reasonable and consistent with the Comprehensive Permit Rules, this Final Approval is not an approval of the Updated Pro Forma's individual line items and all line items other than land acquisition cost will need to be properly supported when the Final Project's cost examination is submitted. In addition, although the Comprehensive Permit Rules provide that reasonable and verifiable carrying costs may be added to the land acquisition cost,.these costs also will need to be properly supported at the time of cost examination. Please note that this Final Approval does not constitute site plait or building design approval: Furthermore, please note that we have not reviewed nor approved the Plans for compliance with federal, state or local codes or other laws pertaining to construction since such approvals are within the jurisdiction of the local building official and zoning enforcement officer. Similarly, we are relying on the local building official and zoning enforcement officer to,ensure that the final plans and specifications comply with the Comprehensive Permit prior to issuing a building permit. We view issuance of the building permit as evidence of such compliance. 3 This Final Approval is contingent upon recording of the Regulatory Agreement executed on behalf of Settlers Landing Realty'Trusi andE dated as of January 6, 2011, in the form prescribed by MassHousing in its role as Subsidizing Agency. Furthermore, this Final Approval will be effective for a period of six months following the date of this letter. Should the applicant not apply for building permits for the Project within this period or should MassHousing not extend the effective period of this letter in writing,the letter shall be considered to have expired and no longer be in effect. In addition,we are requiring that MassHousing be notified at the time of the issuance of the building permits for the Project. Please note that the maximum initial sales prices to be inserted on Exhibit B of the Regulatory Agreement are determined by reference to the Area median income for the appropriately.sized household for the affordable units. In accordance with DHCD's formula,the appropriately sized household for the unit is the number of bedrooms in the unit plus one. Please contact Gregory P. Watson of our office should you need assistance in calculating figures. Page 4 Settlers Landing Realty Trust RE: Settlers Landing I PE-030 If you have any questions concerning this letter,please contact Robert Smith at 617-854-1247,or Gregory P. Watson at 617-854-1880. Sincerely, Gina B. Dailey Director, Comprehensive Permit Programs Attachments: Exhibit A—Regulatory Agreement Exhibit B—Developer's Acknowledgement of Obligations cc: Ms.Tina Brooks,Undersecretary,Department of Housing and Community Development Mr. Frederick Clurigotis, President,Barnstable Town Council Ms, Laura F. Shufelt,Chair,,Barnstable Zoning Board of Appeals Ms. Sandra Perry,,Executive Director,Barnstable Housing.Authority } z Bk 22482 P'_CI 171 e 1-14— 447 03 15P . Sewer.Easement Agreement z . Agreement made this 26t' day of September, 2007 byand between Lynn C. Fay, Loretta N. Berry,Anthony G. Offiler,'Mariana Ryan, Albert'H, Long, Barbara Piscuskas and Steven Home, Trustees of the Cobblestone Landing ll, Trust under a declaration of Trust dated January 11, 1989 and recorded in the Barnstable County Registry of.Deeds in Book 6592, Page 42 having a mailing H address of 50 Centerboard Lane, Hyannis, Mass. 02601, hereinafter,called "Grantor," and Jacques N..Morin and Martha M. Morin, of 1597 Falmouth Road,. Suite4, Centerville, Massachusetts 026.32 hereinafter called"Grantees.' a 1. Grantees are the owners of two parcels of land consisting of approximately 13 acres described within Decree of Confirmation recorded in Barnstable County Registry of Deeds-in Book 12119, Page-311, and Deed recorded in the Barnstable County Registry of Deeds in Book 12267, Page 241,• 2 said land being shown as Lots 1 through 49, inclusive, and Settlers Lane on two . plans of land entitled (a) "Settlers Landing 1, Comprehensive Permit Plan, in Barnstable (Hyannis), MA, prepared for Settlers Landing Realty Trust,.Date: August 18, 2005, Scale 1 40',"which plan is duly recorded in said Registry of Deeds in Plan Book 610, Page:93, and (b) "Settlers Landing il, (Subdivision #812), Definitive Plan Subdivision-of Land in Barnstable (Hyannis), MA, prepared � for Settlers Landing[I Realty Trust, Date:August 18, 2005, Scale 1"=40',"which plan is duly recorded in said:Re6istry of Deeds in.Plan Book 610, Page 94, ` (hereinafter collectively called "the Proposed Site"). For Grantee's title, see the above-referenced Decree of Confirmation and Deed, respectively. 2.Grantees through their respective entities, ,Jacques Morin, Trustee of Settlers Landing Realty Trust under a declaration of trust dated August.3, 20001 and Martha M.Morin, Trustee of_Settlers Landing II Realty Trust under,a declaration of trust dated'September 14, 2005, have proposed to build two separate subdivisions on the Proposed Site, one of which shall be developed a under the provisions of a comprehensive permit issued pursuant to Massachusetts General Laws Chapter 40B, (hereinafter called "the 40B ' Development") and the other of which shall be developed under the provisions of a special permit issued pursuant to the Town of Bamstable Zoning'Ordinance (hereinafter called "the Special Permit Development"). 3. Grantees have obtained a Comprehensive Permit providing for the construction of 20 homes in the 40B Development dated May 1, 2006 and Bk 22482 Pg 172 #66 86 recorded with the Barnstable County Registry of Deeds,in Book 21'233, Page 107. 4. Grantees have obtained a Special Permit providing for the construction of 29 homes in the Special Permit Development dated June 19, 2006 and, recorded with said Registry of Deeds:in Book 21233, Page 125. 5. Grantees desire to connect to the public sewer located on certain- private roads within a subdivision shown:on a.planentitled"Definitive Subdivision Plan of Land in Barnstable, Mass. (Hyannis), prepared for Capricorn Realty Trust"dated May 5, 1986, and recorded in the Barnstable County Registry of Deeds in. Plan Book 425, Pages 29-.34.Said plan.is hereinafter called "the Cobblestone Subdivision Plan." 6. The Grantors hold title to the"Open Space"including the area shown as "Reserved For Future,Roadway 50'Wide"shown on the Cobblestone Subdivision Plan. 7. In consideration of the mutual covenants and agreements contained herein, Grantors hereby grant to Grantees and their heirs, successors and assigns the perpetual right and easement to lay, maintain, operate,repair, and replace sewer pipes, apparatus, equipment,and other usual fixtures in an area shown as"Reserved For Future Roadway 50'Wide on the Cobblestone Subdivision Plan for the benefit of and as appurtenant to the Proposed Site. Said area is hereinafter called"Sewer Easement Area"and is depicted as"Roadway Reserved Area (Sewer Easement Area)"on the Sewer Easement Landscape Plan annexed hereto as Exhibit 1 (hereinafter the"Sewer Easement Plan"). In addition, the Grantors hereby.grant to the Grantees the perpetual right and easement to lay, maintain,.operate, repair, and replace sewer pipes, apparatus, equipment, and other usual fixtures in that portion of Daybreak Lane, as shown on the Cobblestone Subdivision Plan, which lies in front of said Sewer Easement Area, to connect to the public sewer therein. Any portion of Daybreak Lane that has been excavated for purposes of connecting to the sewer line or for maintenance, repair, or replacement, or installation of pipe,.conduits, or other sewer apparatus shall be deemed a part of the Sewer Easement Area and shall be subject to the same requirements, terms,and conditions as the Sewer Easement Area, including, but not.limited to the obligation to the restore any disturbed or excavated area-of Daybreak Lane in accordance with the time schedule set forth within Section 8. S. The Grantees shall restore the surface of the Sewer Easement Are .to the condition it was in at the time of the exercise of any rights hereunder- In addition, the Grantees shall plant and maintain for a period of one year the plants,trees, and other landscape improvements shown on the Sewer Easement Plan. Any original installation or any subsequent repair, replacement, or maintenance of the sewer pipe, apparatus, equipment, or fixtures shall be. 2 Bk 22482 Pg 173 #66386 completed within fourteen business days from.the time that any work commences and in the event that any such work is not completed within fourteen business.days from the commencement thereof,then the.Grantees shall pay to. the Grantor the sum of$100.00 per day for each day in excess of 14 business days. Landscaping shall be completed within a period not to exceed five(5) months. The terms of this Paragraph shall apply not only atthe time of original installation of the sewer pipe, apparatus, equipment,and fixtures,but shall,also- apply at the time of any repair, replacement, or maintenance work. Excepted and excluded from the calculation of any such fourteen business day period shall be any period of time said.Sewer Easement Area is required to be kept open for the purposes of inspection and approval:by any Town or State agency or department. For purposes of this section, work shall be deemed to be complete when all apparatus has been covered and the disturbed area has been graded to Its original level. 9..The Grantees shall not nor shall'anything within this grant permit the Grantees to use the Sewer Easement Area as a road, way,street,driveway, or access to the Proposed Site,to the 40B Development; or to the Special Permit Development. The Grantees shall not install or construct within the Sewer Easement Area any road,way,street, driveway, access area, or any.,surface composed of bituminous material, macadam, concrete,.gravel, stone, nor any other hardening, impervious,or road base material.. 10.The Grantees shall not install or maintain any'sewer apparatus within the Sewer Easement Area above ground or in such a.manner as to be. visible above grountl. 11. The Grantees shall impose upon the 408 Development and the Special Permit Development a set of covenants, subject to'the review, chap_ g6 , and:or acceptance by PHI-AHD legislation, by the Special Permit Granting Authority or the Zoning Board of Appeals and shall subject each.and every deed given with respect to the Proposed Site, the 40B Development and the Special i Permit Development to said covenants and include said covenants within each and every deed. Said Protective Covenants are set forth within an Agreement entitled"Protective Covenants Agreement"dated November 18, 2004, a copy of which is annexed hereto as Exhibit 2, the terms of which are incorporated herein by reference. Said covenants are hereinafter called "the Development Covenants." This clause shall not prohibit future amendments to the Development Covenants through voting members of the Settlers Landing 'Association; provided, however, that covenants, Nos. 5, 10 and 19 may not be amended,;waived or released at any time.. 12. The Grantees shall complete landscape screening along each and every boundary line of the Proposed Site in accordance with and as required by the plan entitled "Settler's Screening Plan"dated and signed by the Grantees, a copy of which is attached hereto and:marked as Exhibit 3. Said plan is to provide for evergreen plantings (white pines, hemlocks, spruce, arborvitae or .3 , Bk 22482 Pg 174 #66386 combinations of the same)ordered at 5'-6' height and to be planted at ten foot distance separation as shown-in Exhibit 3. If an existing tree is in the way, preventing a 10 foot separation,then the Grantees shall either remove the tree or increase the 10 foot separation so as to keep the existing tree. Trees shown on the Settler's Screening Plan shall be installed as each lot is cleared, developed, and landscaped.Areas defined in.paragraph 9 of the Performance Standards shall be guided by that language. 13. Grantees shall provide Grantor with a copy of all permits and inspections from the Town of Barnstable:for said sewer connection_ Grantees and any successors and assigns shalt maintain and repair any sucli sewer connection in good working order. 14. Upon execution and delivery of this Sewer Easement Agreement and the performance of the conditions set forth within the Settlement Agreement executed on November 18, 2004 and the Neighbors Settlement Agreement executed on November 18, 2004 between.the Grantor and the Grantees the Grantees shall pay to the Grantor the sum of Forty Thousand and Nof100ths Dollars ($40,000.00) as further consideration for this Sewer Easement Agreement. Said sum shall be payable as follows: The sum of Twenty Thousand ($20,000.00)shall be paid upon the execution and delivery of this Sewer Easement Agreement. The:sum of Ten Thousand ($10,000.00)shall be paid upon the sale of the first four homes in either the 40B Development or the Special Permit Development or within nine (9)months from the date of delivery of this Sewer Easement Agreement, whichever shall be the first to occur. The balance of Ten Thousand ($10,000.00) shall be paid upon the sale of the next two homes in either the 40B Development or the Special.Permit Development or within one year from the date of delivery of this Sewer Easement Agreement, whichever shall be the first to occur.- The installment payments shall be guaranteed by Jacques Morin and Martha Morin in their individual•and personal capacities and they shall each sign the guaranty set forth on the signature page of this Sewer Easement Agreement. In the event that the Grantees breach the. terms of this Sewer Easement Agreement,the Grantees shall not be entitled to any refund of any-portion of said,payment nor shall Grantees be entitled to a refund of any portion of said.payment under any.other circumstance,said payment being non-refundable consideration for this Easement_ 1'5. Under no.circumstances shall the Grantees construct, erect, or install' on the Proposed Site any more than 49 single farnity homes. ftrty-four of the homes shall consist of no more than 3 bedrooms each. The remaining five homes may contain more than three.bedrooms subject to all applicable local, regional, state,.or federal laws, statutes, regulations, by-laws, or ordinances; provided that such five homes shaft not be placed upon lots that abut one another. 16. The following shall be considered breaches of this Sewer Easement Agreement: 4 Bk 22482 Pg 175 #66386 A. The breach by the Grantees of any of the terms, conditions, or agreements set forth herein. B. The failure, refusal, or neglect of the Grantees to adhere to the terms of the Comprehensive Permit or the breach by the Grantees of any of the terms, conditions, or provisions thereof. C. The construction or development of any structures,projects, buildings,, or developments other than the 408 Development as permitted by the Comprehensive.Permit and the Special Permit Development as permitted by the Special Permit. Upon the occurrence of any such breach,the Grantor shall send to the Grantees written notice of any such breach, by certified mail, return receipt requested, which said notice shall specifically,detail and describe the breach. Upon receipt of said written notice the Grantees shall have a period-of sixty(60) . days to take reasonable and necessary steps to correct and cure any such breach. Upon not less than ten (10.)days prior notice to the Grantors,the Grantees may request that the Grantors or any one of them, execute, acknowledge and deliver to the person or persons giving such notice, a statement certifying that there has been no breach of this Sewer Easement Agreement by the Grantees as of the date of issuance of such certificate. Such certification executed by any one or more of the then Trustees of Cobblestone Landing 11 Trust when recorded at the Barnstable County Registry of Deeds shall be conclusive evidence of facts set forth therein as of the date of issuance of such certificate and may be relied upon by the Grantees and those claiming under them. The issuance and/or recording of any such certificate shall not preclude any subsequent action by the Grantors to enforce the terms of the Sewer Easement Agreement because of a subsequent breach thereof. 17. In the event that Grantees breach any term., condition,or provision of this Sewer Easement Agreement, and thereafter fail to cure or correct any such breach in accordance with the provisions of Section 16, above, then the Grantor may commence in the Barnstable Superior Court an action for specific performance to compel the Grantees to cure-any such breach, in which.event, if the Grantor is successful,the Grantor shall be entitled to reimbursement for its reasonable costs in enforcing this Sewer Easement Agreement, including reasonable attorneys-fees. In addition to the above remedy, the Grantor may at its option enforce the terms of this Sewer Easement Agreement by any,other lawfuf means,including but not limited to an action for'injunctive relief or for, damages filed in an appropriate court or other judicial forum. In any action commenced pursuant to this.Section, the Grantees shall not be entitled to raise or assert any counterclaim or,any defense other than a denial that they have breached or otherwise failed, refused, or.neglected to comply with the terms, 5 z _ - Bk 22482 Pg'176 #66386 conditions or provision hereof and that theii,have taken reasonable and necessary steps within a period of sixty(60)days of said breach to correct or cure said breach, and they hereby waive any and all rights to do so; and, in any such action, if the Grantor is successful, the Grantor shall be entitled to reimbursement for its reasonable costs in pursuing the same, including reasonable attomey's fees. Moreover, Grantees waive any right to claim a trial by jury in any such action commenced pursuant to this section. In any action commenced pursuant to this Section 17 the-Grantees shall not be entitled under any circumstances to recover their costs or,legal fees and hereby waive any right to claim either costs or legal fees. 18. As used herein, the term"Grantees"shall include their heirs, } successors, assigns, and subsequent grantees and the benefits and obligations of this Sewer Easement Agreement shall inure to said heirs,successors, assigns, and subsequent grantees., . As used herein,the term "Grantor"shall ' include its heirs, successors,assigns, and subsequent grantees and the benefits and obligations of this Sewer Easement Agreement inure to said heirs, successors, assigns, and subsequent grantees. 19.This Sewer Easement Agreement shall-be construed under the Laws of the Commonwealth of Massachusetts. In the event that any term,condition, or provision hereof is deemed by court of competent jurisdiction to be invalid, . such invalidity shall not affect the validity of the remaining terms of the Sewer Easement Agreement,all of which shalt remain in full force and.effect. 20. For Grantor's title see deed of Cobblestone Landing, Inc. dated December 3, 1997 and recorded in the Barnstable County Registry of Deeds in Book 13025, Page 116. Executed as a sealed instrument. Grantor: Grantees: ' Cobblestone Landing It Trust r By. By- t C. Fay, T stee J fy. orin By: By: 4 , o Loretta 14.T3erry, Trdst6e Martha M. Morin 6 I Bk- 22482 Pg 177 #66386 r By: _ An bony Gomler, Trustee n. By. Mariana Ryan', Trustee ` I By: ; Albert H. Long, Trustee arbara.Piscuskas, Trustee ,By: S even J. Whe, Trustee COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. ~ On this day 0&4ch�- of ,2007, before me, the undersigned notary public, personally appeared Lynn C. Fay, Trustee of Cobblestone landing it Trust, proved to me through satisfactory evidence of identification, which was a Massachusetts drivers:license,to be the person, whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily as Trustee of Cobblestone Landing If Trust, for its stated purpose. C'141'f L/4't Nota ublic , My commission expires: 1 eg AMY€.wmw Notory Public Commonwea(Ih of Massa&USafts My Commission Expires lone 13,2008 Bk. 22482 Pg 178, #66386 COMMONWEALTH OF MASSACHUSETTS Barnstable,ss. On this VI day of. 2007,before me, the undersigned notary public, personally appeared Jacques N. Morin, proved to me through satisfactory evidence of identification,which was a Massachusetts drivers license,to be the person whose name is signed on the preceding:or attached document[and acknowledged to me that he signed-it voluntarily for.its stated purpose P",p Michael 8oudresu NECNEC() otary Public N , My Commission Expires dsnnsry 28.2011 ry ftUel ) of Massachusetts mission.expires: y COMMONWEALTH OF MASSACHUSETTS Barnstable,ss. On this ,V. day of °i�'" � ,2007,before me;the undersigned notary public,personally appear d'Martha..M.. Morin;proved to me .through satisfactory evidence of identification,which was a Massachusetts drivers license,to be the person whose name is signed on the preceding of attached document,and acknowledged'to me that she signed:it voluntarily for its ; stated purpose: phllp MichaW Boudmau No My ary ComrWiss 20t1 M mission expires: My Commission Expires January 2$, . Commonwealth of I%ssachusO" y Bk 22482 Pg 175 #66386 Guaranty Jacques Morin and Martha M. Morin in their individual capacities hereby guaranty the payment of the consideration.set forth in:Section 14 of the Sewer Easement Agreement. ac es orin Witne Martha M, Morin 4 j Bk 22482 Pq 180 #66386 ` a Exh ' EXISTING TREES TO'BE RETAINED WITHIN THE LOT 1 $. EASEMENT TO THE EXTENT FEASIBLE sr CONSTRUCTION_ 10,000 DENSE EVERGREEN PLANTINGS CV BE ORDERED AT .5'-6' TO BE PLANTED AS V 'INDICATED. Q nN CS y R,09D�'KY INV_ fR E4SE . EsE-RV fD q =61.2 ANT ARC REA' "— LOT 9 s-- s 10,000 S ER C1N At s SEMF ,.. NT z a� zQ LOT 10 . ` 10,000 SE*"R EASENM- NY' LA S C E PIAN LOCATION : CAS'rLE'WUQD CMCLE,1I.YAN US SCALE 1`" _ 30' DATE. 11 -09-04 zo. PREPARED FOR: MS asz�eao . down cape engfneedag, Mc. . crVIL ENGINEERS Settlers Landing Realty Est LnND SUnVEYORS �39 2uin a St. yartnouth. me, JOB # 00-018 I _ .cra - ,.. r y r LOCAL;INMATfi VEPROGRAM REGULATORY,AGREEMNT AND DECI,ARATION'QF RESTRIC'M COVENANTS: PUR • O�VNLRSHIP'PROJEC'!" III h" Regulatory Agreement and Declaration of Restrictive Covenants(the"Agreement')is made this day of '2009 by and among the Commonwealth of Massachusetts„acting by and: through the Department of Housing.:and Community.Development("DHCD"),pursuant to Chapter 264 of the Acts of 1996;the CitylTown of Barnstable.("tlre Municipality");:arid Settlers Landing Realty Trust It,Martha M Moruy Trustee;unifier declaration of trust dated Se tember`14,2005, only+. g stry � Q�Page .having an address atI59?._ with the Barnstable Co I,e'i of Deeds atBook' Falitiauth Road,Suitle_4,Cez�terv0l MA. 02632,and,its successors and assigns.("Project Sponsor See �'f USce�S Ce� rtC'ct2 "WITIVESSETH WHEREAS,pursuant to G':L c..40B §§ii- (the"Act"),and the final report of the Special Legislative;. Commission Relative to Low and Moderate ttcome Housing Provisions issued in April I'9,09 regulations have been promulgated at 7, 'CMR Sd.OQ-(the"Regulations");r+vh cli establish the Local Intiative'.Program Clip"), WHEREAS,the Project Sponsor intends to construct a housing development known as.Settlers,Landing [ice a 7 75 acre site off Castlewood Curets,Hyannis,IVlA m the Municipality,more particularly , desrxibed in ExhibitiA attached hereto and,made a part re (tlie"P;he of oject, WHEREAS;such Pi,oject is to consist of a total utiml er of 2Q Single farriily detached dwellings(the eN "Units")and three 3 of the.Units will•be sold at prices specified in this Agreement to persons or. households-with incomes at or below.seventy-six percent{�d%)of the regional median household. come the"Low and Mgderate,hlcome I7niis" " and three 3 ofthe Units"will be sold of ricer specified in this Agreement to persons or households wrth incomes"at or below`seventy percent{70%)' of the regional median household income(the."Low and Moderate Income Units") 'C WHEREAS,the Ctiief ExecuttveOfficer of the Municipality(as that term is defined in the Regulations} and the Project Sponsor have made application to DHCD to'certify at the Project is a valid Comprehensive Permit Project(as that term is defined iti the Regulations)within the LIP Program and. therefore that the Protect Sponsor is qualif�ed`to appiy.:to the Municipality's Board of Appeals(as that term is defined in the Regulations)fora comprehensive permit pursuant to the.Act(the"Comprehensive Permit ),or have made apglicatioii to D CD to certify that the units in'the.Project are Local Action: Units{as#fiat term:is defined tan the=:Regulations)"with the LTP Program;and W[IF,REAS,in partial consiaeration of the execution:of this Agreement,DHCD.has issued or will issue;its final approval.of the Project w.li iti the LIP Program and'has given and will`give technical. and other assistance'to the Poled ' NOW,THEREFORE,inconsideration of the agreements and covenants hereinafter set;forth;. and other good and;valuablo'consideration,the receipt and suffrciency,of which:each of the p"'t 3e hereto hereby acl aowledge;to the other,DHCD,the Municipality,and:the Project Sponsor hereby agree and covenant as follows.(the;provisons in'brackets apply onlyto Comprehensive Permit Projects): 1 Tlie Project Sponsor agrees:to construct the Project in.accoulance with plans and specifications approved by the Municipality and DHCD(the"Plans and Specifications' ;f and m aecor- dance ti rith all terms and.conditions o>F the Comprehensive Permit] Irt addition;a4ioi,W and Moderate': Income Units to be constructed as part of the Project must be ndisti iguishable'from other Viiits:in xlie`, y - Bk 24361 w _ Fg 313 #7326 Project from the exterior(unless the:Project`has an approved"Alternaiiae Development Plad'as set forth in the Comprehensive Permit Guidelines• M.G..:L.Chapter 4015 Comprehensive Permit Pro�ectsi.- t SuU&&ed Rousingltsventory ("Gue<lelines")},cad must contain cohiplete living facilities ictcluding but not limited to"a stove;Ititchen cabinets,pInmbing`fi�ttures,and washer/dryer hookup,all as:more fully shown in the Plans and Specification"&: of the Low and Moderate Income Units shall:be one bedroom;unrts;: of the Low.and Moderate Income Units shall be two bedroom units;; ,b of the Low and Moderate Income Units shall be. ec.bedroom units;aiA of the Low and Moderate Income Units shall be four liedroom units: Al1Low and Moderate Income Units'to be occupied;. famines must;contain;two- "More bedfo6 Low and ltiModerate`lnncomeUnits:Must fiave.ihe following rr ir►imum areas:; one bedroom units: 7o0"square:feet two bedroom unIts; 90uf ae three bedroom orbits 1200 square feet. four bedroom units:- 1404.square feet< -Ilse Project must:fully comply with the State Building Code and with.all applicable state and federal Building,erivirorm eutat,health,safety and other laves,rules,And-regulations,iincluding'without llii tiation all applicable kerall and state laws,rules and,regulatioris relating to the operation of adaptable'and accessible arousing for the handicapped; [Except to the extent that the Project is exempted from such compliance by the Comprehersive Permit;j xhe Project musf,also comply with all appl;cable local codes,ordinatxees and.by-laws. Each Low:and Moderate Income I Rk will tie;sold€or no more than the,price:set forth in Exhibit B attached hereto and made a part Hereof to an Eligible.Purchaser An Engle lPutchaser is'a Family(i)whose annual income does not exceed ez hty percent(80°/u);of the Arca median income adjusted for family saze as_etermined by the'U.S.1)epattme-it of Housing and:Urban Development and 00..Whose'assets do:ttot exceed the limits specified ih the Guidelines. A"Family"shall mean two or: more persons who will live regularly in the'Low or Moderate;Income Unit as thev primary residence arid who are related by blood;marriage,or operation of law or.who.have otherwise evidenced a stable inter-dependent relationship;ar.an'.individual The 'Area"is defined:as the Barnstable VtSAIHMFA/County 2.. oon issuance of a�building permit-for the project,the.Project will he included in the Subsidiwd.,i3ousing Inventory as that term is described in 76U;.CMR 31:04(1). Only Low and Moderate Income Units.will be counted as Subsidized.Housing[)nits-for the purposes of the Act: = 3.(a),At the tune ofsale of each low andModeratelncome,unit by the Project Sponsor,-the; 1'ioject Sponsor shalt execute and:shall.as a condition;of the sale ca1.use the purchaser.of the Low.and. �iloderate,income Unit to execute an Affordabio Housing Deed Rider,in the fom of Exhibit C attached: hereto and made a part hereof(tlie"Deed',ltider".). Such Deed Rider shall.be attached wand made a part of the deed`from the Project Sponsor to the:U ut Purchaser: Each inch Deed Rider shalt m: gwre the LlniE Purchaser.at'the time he desires to:sell the Low and Moderate Income;Unit to offer th@ Low and w Moderate Income unit to the Municipality and to DHCD at a discounted purchase price more. patticutarly:describedtberein. The Municipality and DHCD shall have the option upari,terros►riore parpcuiarly described in th1.a'Deed Rider to either purchase the Law and Moderate Income Unit or,to .find an Eligble Purchaser. The.Deed Rider shall require the Unit Purchaser and the Eltgrble Purchaset. to execute at the tithe of isale a Deed Rider identical in form:and substauce:to the Deed Rider.then effect with respect to the I ow and Moderate Income::Unit which will 6e attached and made a part of the deed from:the Unit;Purchaser to the,Ehgible`Purchaser,so that ie affordability of the Low and Moderate Income unit writ be preserved cacti tinie.that,subsequent resales of the:Low and ivlodeirate` Income unit'occur. e.vanous"requirements and restrictions"regarding resale of a Low.and Moderate: Income:Unit container the Deed Rider are h, inafter referred to;as the("Resale Restrictions"): If • RA''page 2,. Bk 7326 24361 Pg "314: # upon the initial resale or any subsequent resale of a,Low and Moderate'Income:Unit;"the Municipality and DHCD are unable to find an Eligible Purchaser for the Low and Moderate Income Unit;and the, Municipality and DHCD each elect notto exercise its right to purchase the Low and Moderate income Unit;then the then current owner of the Low and Moderate Income Unitshaff have the rigtit:%sell the Low and Moderate Income Unit to any person,regardless,of his income(an"Ineligible Purchaser")at the Maximum Resale"Price and subject to all rights and restrictions contained is the Deed Rider,and- provided that the Unit is conveyed subject to a Deed Rider identical in form and substance to the Deed Rider then in effect with respectto the Low and Moderate hi.Ome Unit which will be attachMand made part of the deed from the Unit Purchaser to tlie;ineligible Purchaser.The Municipality agrees that in the event that it,purchases a Low and Moderate Wcome Unit pursuant to its:right to`do"so contained in the Deed hider then in effect with respect to such I ow and;Moderate Income Unit,that the Municipality shall within six(6)months of its acceptance of a deed of such Low and Moderate.Income Unit,either(i)sell:the i ow:and Moderate income Unit to an Eligible Purchaser at the same price for Which,it purchased the Lowand Moderate Income Unit plus any expenses incurred by:the Municipality during its period of ownership,sucb;expenses to be;approved by DHCD;subject to a Deed Rider saris= factory in orm and substance,to DHCD and;the recording of an Eligible Purchaser Certificate; satisfactory m form:and substance to.DHCD;the method for.selecting such Eligiwe Purchaser;to be approved by DHCD or(ii):rent the:Low.and Moderate Income Unit to a person who meets the lncome guidehnes o£the tI Program,upon.terms and coed tioas.satisfactoryto DHCD"and otherwise it, conformity with.the requirements of the LlP Program.. Ifthe minicipality fails to sell or rent the Low- and Moderate income unit as provided herein within said six(tS)month period;or if at any time after the; initial rental of the Low and Moderate Income Unit by"the Municipality as provided herein.the Low and Moderate Income Unit becomes vacant and`remains vacant for more'than:ninety(90)days,then:such:_ Low and Moderate income Unit shall cease to be counted as aSubsidized Housing Unit,and shall ao' longer be included in the Subsidiied:Housing Inventory Por.::each sale of a low and Moderate Income; Unit,DHCD must approve the terms"of the Eligible Purchaser's mortgage fcaaneing as evidenced by DHCD's issuance of the Resale Price Certificate described:in the Deed Rider. O)Each.Low and Moderate Incorite Unit will rem iii'a.Subsidized Hoiising Unit and.continue to be-. e included in thei Subsidized Housing Inventory for as long as the.foltowing three conditions are. met, (1) this Agreement.remains in full force and effect and neither the Municipaliry,.nor the Project,: Sponsor are m c efi thereunder; (2) the Project and'Loty and Moderate Income O1 keach eontinue.to: comply with the Regulations and the Guidelines'as the same maybe amended from time to tune;and, (3)eittiti(i)a D66 Rider b'iriding th "then mmntowner of the Low.and Moderate Income Unit to comply with the Resale'Restrictions:ds in full force and effectand the then current owner of the Low and: Moderate Income Unit is:eitherin compliance with the terms of the Deed Rider,or the.IVlunicipality is Ol .in tiie process of taking sticb steps as maybe required by DHCD to enforce the then current owner's compliance with:the terms the Deed Rider or(iij-the Low:and Moderate Income Unit;is owned by :M1Micip4gty and the Municipality is in compliance"with the.terms and.conditions"of the last preceding: paragraph,:or(iu).the Low.and Moderate Income Unit;is owned by DHCD. Notwithstandintg the, foregoing,nothing herein shall itmit the,term ofthe deed rider;which;.is intended to be ita perpetuity: untess terminated by its expressiterms- 4 fprqject.Spongoi agrees that the aggregate prom,from the Project which shall be payable to.. 'roject,Sponsor or to the partners,shareholders or other owners of Project Sponsor or thee Project shall not exceed twenty,percent(20%/,of total development costs of the project,which development costs have been approved by the Municipality.attd by DHCD(the"Allowable Profit"): F Upon.issuake ofa final Certificate of Occupancy.for the Project or upon the°issuance of final C&r... of cafes of Occupancy for:ail of the Units;the Project Sponsor shall deliver to the Municipality and fo, DHCD aii.itemized statement of total development costs together"with a statement of gross"income from the Project received-by,the Project Sponsor to:date inform satisfactory:to the Municipality and DHCD (the"Certified Cost.and Incorric Statement"):preparedand certified by a certified public accountant satisfactory to the Municipality and fo DHCD 1£all units at tare Project have not been sold as of the" date the Certified Cost and Income:Statement is delivered to;the Municipality and to DHCD,theProject; sponsor shall tit feast once:every.ninety(90}.days thereafter until,sucli time as all of the Units are;sold,, deliver to the Muiucipality_and to:DHCI7 an;updated:Certiiled:Cosr and Income Statetiient Ail profits • 1tAYage'3 z x _ Bk 24361. Pg 315 #7326 from the Project in excess of the Allowable Profit(the"Excess Profit"):shall be paid by'the:Project Sponsor to the Municipality; Theunicipalrty agrees that all amounts constituting Excess profit strati be deposited in the Affordable Housing Fund(as hereinafter defined).;For"so long as the'Project Sponsor complies with the requiremnts e of this Section 4,the Project.Sponsor'Shall tie deemed to be a limited dividend organization within the"zneanittg ofthe"Act.j 5. The Municipality agrees that upon the receipt by the"Municipality of any Windfall Amount[or.Excess Profit]the Municipaliry'shaildepositany and all such Windfall Amounts jor Excess Profit]into an interest bearing account established with an mstitutioiW-Under a i t4d by DIFICD(the "Affordable Housing Fund"). Sums from the Affordable Housing Fund shall be expended from time:to time by the Municipality for:the purpose of reducing the cost of Low,and Moderate Income Units to Eligible purchasers upon resale or for the purpose of encouraging,creating,or'subsidizng the construe.= . Lion;or rehabilitation of housing for persons:and families of low and moderate;income.eisewhereb Vie. Municipality The'expenditute of funds from the A&rdibie Housing Fund shall be made only with the approval of:DHCD:such approval:not to be unreasonably withheld: 6 (a}prior to marketing or otherwise making available for sale any of the Units,the project Sponsor must obtain.DHCD's.ap' al.of a marketing plan{the"Marketing Plan')for the Low.and=Moderate:Income Units.'Such Marketing Plan: u de scribe the buyer selection'process for the Low and Moderate Income Units and must set forth a:&d for . affnmatrve fair marketing Low and`Moderate Income-Units"and effective oiitreach to: protected groups underrepresented in the:municipality,including provisions fora lottery;. consistent with the Regulations and Guidelines.At the option of the Mutttcipality,and provided that the Marketing plan;demonstrates�{}the need for the local:.preference{e.g. a disproportionately:low rental or ownership affordable housing stock relative to need in V. compadsan'to the;regional area},and(ii)that the proposed local_preference will not.have a- disparate:impact on protected classes,tiro Marketing Plan may also include a preference:.for . local-residents for np to seventy:percent(70%)of the Low-and Moderate.Theo me Uri its,, subject.to ail,:-provisions of tiro Regulations and Guidelines.:When submitted to DHCD for approval,the Marketing Plan should beaccompanied.by a.letter"from.the.CtuefExecutive: Officer of the Municipality(as fiat tettri:is defined in the Regulations)which sUtes:that the buyer aelectiod and loeal';preference(if'asty)aspects"of;ilie Marketing Plan have been approved by the Mu tcipality and which states.that'the'Municipality will perform any aspects of the:, Marketing Plaii which are set forth as zespansibilities oftlie Municipality in the Marketing Plan.The Marketing Plan must comply with the Regulations and Guidelines and with all othei applicable statatesI regulations"arid executive orders,and DHG"D�clirectives reflecting the agreement: DHCl7 and the U.S.,. .partment ofHousing and Urban Development mthe case of NA�ICP, Boston.Chapter v.l�mpe_`If the Project is located in the Bostan-Cambridge Quiincy,MA NA[.MSA,;the Project Sponsor"must fist,all Low and Moderate Iincome.Units with the Boston lair Housing Commissioin`s MetroList(Metropolitan Housing Opportunity Clearing.Genitor),•:other requirements for listing of units are specefied::in the Guidelines.All costs of carrying out tile;Marketing Plan shall be:paid by the Project Sponsor.; (b)The Protect"Sponsor may use'n house staff to draft and/or implement the Marketing Plan,provided that.suc)z;staff meets lire qualifications-;de%scribed in the Guidelines': The Project Sponsor may contract for such services provided that any such contractor must be experienced and quatified`under the standards set forth in the"Guidelines:A failure to comply with.the Marketing"Plan by the.Project Sponsor:or by tte;Ivlunicpaliiy,shall be:deemed to be a defaultofthis Agreement:The Project:Sponsor;agtees to mainbin foratileast five years following the sale:of therlast Low and Moderate;Tncome Unit,arecord'of all news paperadSt. . 'RA Page 4s Bk- 24361 Pq 3.16 #7326 outreach letters,translations, leaflets,and any othbf outreach`efforts(coileetrrrely"Market" DoeumentatioVI)as desciihed in the Marketing Plan as approved liy DHCD which rriay be inspected at any time by DHCD.All Marketing Documentation must be approved by DHCD` prior to its use by the Project Sponsor or the Mapicipaliiy.The Project Sponsor and the., lVlunicibality agree that if at any time:prior to or during the.process of n a kcting the Lo*-and Moderate Income Units;DHCD:detennihas that the Project Sponsor,:or the Municipality:With respect to aspects of the Marketing Plan that the Municipality has agreed to be'responsible for; has not adequately cornptied with the approved Marketing Plan,that the.Project Sponsor or: shalt Municipality as the case may be, conduct such additional outreachor.marketing efforts as`shall be determined by:DHCD'. x 7. Neither.the Project Sponsor:n.or'the Municipality shall dtscrixnWate an the basis of race,creed,color,sex,age;handicap,rnaritafstatus;'national origin,or any other basis prohibited by Iaw. inthe selection'of buyers fos the Units;.and the ProjectSponsor shall not so discriminate in conriedtion . vaith the employtrtent or application for employment of persons.for the construction,operation<or,. , '.management of t}ie Project: , 8.(a)The Project Sponsor agrees to comply and to cause the Project to cornpiy"with sIl ` requirements of the Regulations antt:Guidelines'and all.other:applicable laws;rules,regulations and. executive oxdets. DHCD and the Chief Executive Officer of the_municipality shall have access dunnig normal business hours to,all:ho bookstand records of the;Project Sponsorrandti�e P.raject in order to monitor the:Project Spot>sor's compliance`with the ter0.ms of this A , (ti)'[Ifthe Comprehensive Permit is granted bythe Housing Appeals Committee(as Befitted in, the Act)the Chief.I✓xecutive'Of6cer:shall reconfirm,his support for the Project.in a manner satisfactory to DT�ICD at the time the Comprehensive Penrut as grantsd.J . (c):Throtighout�thetertn offs A,gieement;the Chief 8xecutive Officer shallaianually certify idwritiz}g:to:DPICD:that,each oftfie low atiillvloderate Income Ututscontinues to be':oceupied by a person.who was an.Eligible.Purchaser at the time ofpurchase;that anyLow and Moderate lncome Units 'which have been resold'duriug.the year have been resold in compliance with all of the terms ar d„ provisions of the Deed Rider than in effect with respect to each such Low and Moderate_Income<Unif, and in coimpI►ance with the Regulations and Guidelines,and this Agreei ient;.and that i he Project and the' Low and lVloderate'Income;tJnits have otherwise been:maintained in,.a manner.consistent with the:, Regulations.and Gutdeitnes,this,Agreement„artd the,Deed hider then jn effect with respect.to each Low and Moderate Income Unit 9; Upon execuhon,;the Pro3ecf Sponsor shall immediately cat Agreemeiit and any' amendments hereto'to be recorded with the Registry of Deeds for the County where.the Project is located or,if the Project consists in whole or iri part oaf registered land,:file this Agreemenf and;Any arriendrirents hereto:wtth the Reg!so';Strict of the Land Court far the County where the Project is ' located(collee# .Iy-heremafter the"Registry:of Deeds"),and the Project Sponsor shall pay all fees and charges incurred rim connect on tlieiewith, Uponrecording o'r fdmg,asapplicable,the'Projeet.Sponsor. shall immediately transmit to DHCD;mid the-Municipality evidence of such recording or filing; including the date'and insttvment,book and page or registration number of the Agreement lob ect Sponsor hereby`represents,covenants av warrants as follows (AY the Project Sponsor(r)is:a:realty;trust duly organized under the laws,of the': Connmonweatth of Massachusetts,and is qualified to transact:business'under'the laws; ` o£this.State,(tt):has the power and authority to own its properties and ass and to ;carryon its:business as now being conducted,and(iii)has the full legal right,;power and authority to execute and del iver;thk Agreement Bk: 24361 Pg 3177 #7326 The execution and performance of this Agreement by the Project Sponsor(i):wsll not: violate or;as applicable,.,has not violated'any provision of liw,`rule.or regulation,or any order of any court or.other agency or gavernmenial body,and(ii)'}viil noi'violate, or,as applicable,has not violated any provision;of any indenture,agreement; mortgage,mortgage riot%or.other mstrumdht w wh ch the Project Sponsor is a:party' or by which it or the Project is bound,and'(ifi)will not result in the;creation>or imposition of any prohibited encumbrance of any nature. (e) The Project Sponsor will,;at the time of executionand delivery of this Agreement;. have good and marketable title to the premises constituting tie Project free acid clear of any lien or encumbrance(subject to encuribrances created pursuant to tiusAgree- ment,any loahAo.cuments relating to the.Project the.tenns of which are-approved by DHCD,or other permitted encumbrances,`inclu I ng mortgages referred in paragraph ' 6 (a) There is h6 action,suitor proceeding at law'or in equity or by or before any' governmental instrumentality or other agency now pending;or,to the;knowledge of .the Project. popsoz,thzeatened against of.affecting it;or any.of its properties or rights,which,if adversely'determined,.would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement)or would materially or adversely sifect its financial condition; 1l. Except for sales of Units to home buyers,as;permitted bythe:terms of'this Agreement; Project Sponsor,will not se%transfer,lease .exchange or mortgage:tt e_Project without the prior written consent of DHCD and the ylunicipafity 12. '.Ufitikdch txme:as_decisions regarding repair of damage due;to fire or:oiher,:easualty or restoration after taking by eminent domain;shall be'made by,a condominium Associati''Ior trust note controlled:by the ProjectSponsor,.(or if the;Pro-ectconsists of detached dwell Iings,by hamebuyers). Project Sponsor,agrees that if the Project,or:any part thereof,-shill be damaged:or destroyed or shall be. condemned or acquired fox.pu6lic use,the Project Sponsor will use its.best efforts to repair and restores the Project to substantially the'same condition as existed pnoz to the event causing such:damage or destruction;or to relieve the condemparion,:and thereafter.to operate.tlie Project in accordance with the; ' terms of this Agreement,subject to'the approval of the Projects]enders,which.aenders have been., approved_,by DHCD and the Municipality.' 13, ,':This Agr e'ment:sfiall be;governed by the;laws of.tl a Commonwealth of:; Massachtasetts...Any aniet dments'to this Agreement:niust be in writing and executed by ali of the; parties hereto The:mvalidify.of any,clause;:part;or provision of this Agreement shall:not afect the. valtdtty of the remaining portions Hereof I4., All notices to be given pursuant w':this Agreement shall be it writing and shall be. deemed given when delivered by hand or when mailed by_ceitifted,orregistered mail,.postage prepaid; return receipt requested,to the parties hereto:af the addresses set forth below,onto such other place as a party may from time to time<deszgttate by writtett notice; DHCD DeP a vnent'ofHousing and Community Development Attention: Local Initiative Program Direcfor 10l)Cambridge St.,Suite 300. Boston,, OP 1.4 1Vfitiiicipatity:; . .J'ohn KtiYtm,Towaa 1VIana:er ' Tovtn'of Barnstable" :A _ 3b7 Main Street _Barnstable.iVIA<02601 F RA pap:6 Bk 24361 Pg 318 #7326 Project Sponsor Settlers f ding'Realty Trust 9 Martha M,Mofh lOu tee. 1597Falmouth Road Suite 4 Centerville MA 02632 I5.(a}'f2us Agreement and all of tfie covenants,agreements andrnsiictions:conrauied:heren shall be deemed to be ati affordable:housing rest 00n as that term is defused in G L:c 184;§3.I md:as that team is used ix G.L.6.184;§26,.31,.32 and 33. This Agreement is made for the benefit of DHCD;.: and DHCD shall bs deen ed to ie:the holder of the affordable housing restriction created by this " Agreement. DHCD ha.s determined ihatthe acquiring of such affordable housing restriction is`.in_the public interest. 'The term of this Agreement shall be,perpetual,provided however,that this Agreement, shaillerminate if(a)at any time hereafter there is no Low and Moderate liicome.Unit a#the Project which is then subject to a Deed Rider`confaining the Resale ltestrictions,and there is no Low:and Moderate Income Unit at'the-Project which is,owned by, P:Municipality or DHCD as:pravided in . Section 3 heieof: . -(b)The.Froleci sponsor intends,declares anal covemnts on behalf of. tself and its successors and assigns(i)that this Agreement and the covenants,agreements and restnctiohs contained herein shaU;. be and are covenans running with the land,encumbering the Project'for the term of this Agreement,arid_ are bind'uig.upon the Project Sponsor's successors in title,(ii)are not merely personal covenants of the.: Project Sponsor,and(iii)shall bind the.Project Sponsor;its successors and assigns and enure 46.the' benefit of DHCD and iits successors and assigns for.the term:of the Agreement Project Sponsor hereby-` agrees that any and alI requirements of tie laws of.the Commonwealth of Massachusetts W be satisfied in er for the provisions of this Agreement:to constitute"restrictions and covenants running with the' sand shall:be deeII ed to be,satisfied in full and tliat`any requirements of privity;ofestate ace.also:deemed'- to be satisfied in full., (c)TheBessie-ltestnctions contained Ili each of the l?eed Riders which are to encumber each:.: of the Low and Moderate Income Units at the Pro�eet pursuant Yo the requirements of this Agreement' shad also.'constitute'ai►affa rdable liousmg'restriction asthat term defined in.GlL c. 184,§31`and as' that term is used it G L.c:.I84,§§2b,.3 i,32,and 33. Sucl Resale Restrictions shalt be for the benefit of both DHCD and the IVlunicipality and both DHCD and the Municipality shall be deemed to be the: , holder of the affordable hovsuig restriction created by the Resale Restrictions in each of the Deed' !riders. DHCD sins:determined that'the acquiring of such affordable housing`restriction is in the_pOuc. . interest 1 a the,ezteiit.that:'the.Mnncipality is the holiler'oftte Resale Restrictions to'lie contained in each of the'Deed Itiders,.tlie'.Director of DHCD by the'execut on of this Agreement hereby approves, such Resale Restrictions in.each of the Deed'Riders for the Low and lYloderate Income Units of the: Project as requu-ed by the provisions,of G L::c.184,.§`32 lti: Fhe Project Sponsor and the Municipality each agree'to sub'n it any in,rmat oil documznts,or certif capons`requested by DHCD which bft shall deem necessary or:appropriate to evidence the continuing compLance of the Project Sponsor and the,Municipality verith the terms,of this Agreement l7:(a)Thelrojec€;Sponsor;and the Municipality each covenant and agree Yo give DHCI} written notice of any default;violation or breach of the obligafions of ttte Project Sponsor or the ' Muni'cipality hereunder,(with a copy to the,other party to this Agreement)within seven-{7)days of fasts discaveriwg such default,violation or breach.( "Default Notice"). if DI CD becomes aware M default,violatiob,or breach of obligations:of.::the.Project Sponsor orttie.Municipality h ereuader without receiving a Default_Notrre:from Project Sponsor or the Municipality,DHCD shall give anatica ofsuch, default,breach or violation to the offending party{with a copy'to the other party to this Agreement)(tile; "DHCD Detanit Notice"} If any such default,violation,or breach is not cured:to the sa4sfaction.of DHCD within thirty(30)days after the giving of the Default notice by the Project Sponsor or tie . 1Vluuiicipality,or.if rio.Deiault Moticeis given;then wihui thiity(30}days.after tlae gvusg©f the DHCD:, l2ANVI. • !Bk. 243.61 Pg 319 #732.6 Default Notice,then at DHCD's.option,and without further notice,DHCD may eathei.terminate this Agreement,ar.DHCD may apply to any state orfederal colutfbr speciiicperformance ofthin: Agreement,ar DHCD may exercise any other remedy at:law or inequity or,i"any other action as' may be necessary or desirable to:correct non-compliance with tliis Agreement.; (b)If DHCD elects to tern bate this.Agreement as the resuIt oft a breach,violation,or-default hereof,which breach,violation,ordefault dwi iinues:beyond the cureperiod set forth lot:this _ectron 18 then the]Low and Moderate Income Units Arid any.other Units at the Project which Dave been included in the Subsidized Housing Inventory shall from the date ofsuch termination no louger:be deemed Low: and Moderate Income Housing for the purposes of the Act and shall'be deleted from the Subsidized Housing luventory:-The foregoing sentence.shall not apply to Low and Moderate Income Wits-that have been:conveyed in_compliance and remain in compliance with S..ection.3:of this:Agreement, S8. - The Project Sponsor represents slid warrants that it has obtained ttic.consent:of all: existing mortgagees of the projectto the eitecution an of of this Agreement and to the tertns<: and conditions hereof and that all such mortgagees Have executed the.Consent to.Re$utatory Agreement attached,hereto and,made a part hereof RA page 9`. Bk 243s61 Pg 320 #7326 Executed as a sealed insirumenfas ofthe date first above written: Projeet Sponsor settlers: ing Realty T futt2c." MarthaM..Morin, iustee r. Department of H in d Community De to` nt By<: its uect�r Municipality Town Manager,.John KlImm ism-.tl (Chief Executive Officer} Attachments. &Iiibrt A Legal Property Description, Exhibit B Prices 8c Location of Low&Moderate IncomeUnits.. Exhibit C 'Form of Deed Rider onsentf8rziis signed by any and alI:mortgagees whom mortgages are recorded prior to ttus Regulatory Agreement must tie attached to this Regulatory Agreement: 01401 When used In the Loew initiative Program,_th p form may not tie modified without the written approval of the Departmerit.of Housing and Community Develapmient: Rio Page 9 r" Bk 24361 0 :21 #7326 'COMMONWWEALTH OF MiASSACHUSI:T'fS COUNn o.r'" zoQ On this /' y a .2 efore rue,the undersigned notary personally.pp prov tome through satisfac2prY ersonali appeared evidence of identification,which were fo be the p sin u�hasriatue is signed on the preceding document,as of r' S[l�lbjec� s r Sponsor},and acknowledged to me#gat helsiie signed'it yoluitarily for its stated purpose 14a Notary rc ` _ �Feint Name t.•eA[ , My Gommtss o k!lVDA @.l I W NRIDER NOTARY PUBLIC COMMONWI". OF MASACHtlB[if3`. MY Camm Expires t)eC.9,2010 COMMONWEALTH OF MASSACHUSETTS COUN' 011,SUFFOLK;'ss; On this day of +eORVIN ZQI6•before me;the undersignedrnotarypublic,: pefsotaally appeared roved to me through satisfactory ` evidence vf.idWfflcation;which were -to be the person whose name.. _ �s:signed an.lire,preceding document;as �'' C��j�.:. r the Commonwealth of. Massachusetts acting by sud through the Department of Housing and Commuriity Development;and, aclaiowledged to noe that-helshe signed it.volu.ntarily_for its stated purpose:,. , NICOLE L. 8ARINgr:.. Nbia►ytai,bflc coMNgfEN11H OE�t�►8§IICliLf9EttY Not ary.pu lic Myr Ca�uma►Eit�s AA i3ecembe�20 2nt3 Print Name. r 'My carnrnsslon EsPires:.14loac��a®l3. COMMONW VfH OF MASSAOHUSETTS . MW,' , COUNTY OF ss !-- 2�0�' on this y o 4` �;2QO0 before me,the undersigned;notary:public; fC� . personally appeared.. �h r? G�KL ivh �" ,proved tome through satisfactory:, evidence of ident►fication,which were !'iY). to be the person wliose.namz is signed on fire recedrzig document' o ._�i7Ranu2, for the Cityfl'owii:of: St A and aclaiowledged to me that elshe signed it v014tan4:f6r its stated: pose Notary Public dyjMlthprh. , ;YCortumissian Bxpues: ;' p Y Pdft S. 0� 4eRU+#Sl., 4 ,> a s Bk 24361 Pg k2 #132.6 Prior Recorded Lienhoider Consent Pursuant to the provision of that certain Mortgage and Security Agreement dated recorded Jdy:17,2009 between Cape Cod Cooperative Bank(With.its:successors and assigns,the"L.ender")and Jacques N Mor`n,T ustee of Settlers Landing Reitty Trust�under a: declaration of trust dated August 2,.2000 and Martha M,1VMvrin,Trustee of Scalers Landing TI . Realty Trust under a declaration of trust dated September . -2005(the"Ownee),.recorded, with the Barnstable Registry of Deeds(the"Registry")%�Book 23898,Page 195 the Lender hereby consents;to the recording in the Registry of that certain Regulatory Agreement and Declaration of Restrictive Covenants for Ownership Project,dated as of September 18,2009, by and between the Owneir and the Commonwealth of Massachusetts,acting lay and through the Department of Housing and Commnunity;Development(the"Regulatory Agreement'); Capitalized term"s used,hereto- and not otherwsse defined have meaAiags set forth in.the Regulatory Agreement: Executed underseal as of.the 2F of.January;.010. C dCo ]Baiik gy; Petex::Q. Smith, nice Pxes3dent Type Name: PeteX. o resism th wire Pdent h COMMOK�LTH'OF MASSACAOBTTS Barnstable,ss: s, 4n this : 6t.... 'day of January,20.10,before me,the undersigned notary public; personally appeared PPc sm1tti: vice .Pre:sident Of Cape Cod Cooperative Bank,proved'.to me through satisfactory evidence of identification;_ which was personally known to ms_ to be the person whose name is.signed.©n he,preceding or attached.document,aid;acknowled&_d that he,or sl e executedthe foregoing instrument voluntarily for its stated purpose and that the foregoing instrument h his:or hei free act'and deed and`the free act and deed .Cape Cod Cooperative.,;. $ank: , _ t otary.'Public Shari. L. yes. , MY.comrrusson expires. foj 342a11 t Bk 24361 "Pg 323 #7326 EXHIBIT A< Re: Settlers Landing II- • (Pro}ect Name) Barnstable(Hn!)bis) Settlers Landing Realty ThAt It (Pinjwsp soy) R arty Des9dQtto . 1 he Iand in.Bargstable(Hyannis},Massachusetts,shown as Iots 21 ,49 Settlers Landing ll,na a P. recorded with Bamstable.Registry:ofDewis in Plan Book 6I:0,Page 94. c i 4 e RA Pagc 12 Bk 2061 `Pg U4 #7 32 6 1 , Re: SettMersLandink Ir (Protect Name) s Bamstable Mmisl . (Citytr—) Settlerslandina Realty'TivsCTI. (Project Spmism) ' iVlaximuti SeIlitia;Pnces :Initaal Goiidoiainium Fees andPem�centage Intexect Assigst�to I:ow and . Moderate Income Units Sate.Price ' ;,Condo Fee %Interest On bedroom units: Twa bedroom units 3'-Three bedroou3units*" $186,000.00 $N/A 3,,Three be&wmi `units ** $ 4 0 M&_ NIA i * Each.unt at'ZO'%e. . Location:of Low and k derate income Units The housing units whichk:..I,ow and,Moderate Xneotne Units are those designated as t nubibeta._ 22.27.33, 7 42 and 46" on M a plan of tend entitled Settlers Landing rI(Subdivision#812)Definitive Plan Subdivis Qf Land, recorded with the:Bamstat le Registry of Deeds m Book. 660 Page: 94 CJ floor pIAO:recorded with the Master P of the Condominium recorded.with the. Registry of Deeds M.Book_Page_. �C RAPage 13 l _ Bk .24361 Pg 325 47326. EXHIBIT C SF30tb ." IQCAL i v rrAT�P CIGI2AM, AFFORDABLE HOTT=DIM RIDER FarProjecft in Which: Affordebr7WRestdWons.-urvive.. re.cWum made part of that certain deEd(the' eec„),of certain Property tide'"T-rgmr)from to Ito dated .204 ,The Property is Iodated hi the City of - (the`."Municipalitv"}: RECITALS V�71 EREAS the Grantoz is comrey hg*at certain real props. ore particularly F desctxbed in:ttxe Deeii to tl e;Owine at a atinsideration*W. is l r m. faiarket value of the Property,and' WkIEJLEAS,the Property ispart bf aproject vvhi eck all:that are applicable] (ij Q granted:a Coin siv a unde Miassachuseits Geaeial:Laws 3 Chaplet 40B Sections 2 front the Board of Appeals of fi]te Ulunicipality or the H ppeals Committee aril recorded led;with th Registry of JDeeds/Re-gistry District of Land Court{die ook .Page: . fDacumerit: a. No. Comprehensive xt CL' su RegulatDzy Agmempnt among. (the S Massa-40e*,Housin gFivance ency- Ag j:the Massachusetts Dppartment of Housing and ' Developneitntj(`•DHCD„j� j the Municipality,'and[ '] 4 __ dated and.recotded/filed wilt the Registry in Book Page_1as Document N'o. {' (the'"Re ato Y3ent' aad subsidized by the-federal or state government udder the Lmaf �sittitive Pro gres a program in assistconstruction oflow ormoderate income housing tine Trogra "j,and` WIMREAS,:pursuant to the Program,:eligible purchasers such as the Owner are given the oppotttmity to p.m. e'residetztial pxnpeicty at less than it§fair triarket value xf the puzchaser agrees to csrtein use and transfer reatxictions mcludmg an agreement to,occupy the property, a u1c' resxience and to conve the for an;amounf:itot: ter than°a+r�Y4mum resale; Pr Y Fl? Y t price,:all as morefullyProvtedhereut;aad q l . d Bk 23;61 Pq 326 #7<32.6 ©VT 'ILEA$,DHCD(singFy,or ifmore ift one er►tsty,is listed,collects!ely,the "Monit,mdng_A ent"}is obligated by the Program or has been retained to monitor compliance with and to enforce the terms oftF is Deed Rider,and e]igible purchasers:such as,the Owner may be squired to pay to the Monitoring Agent,or its successor;a simalF pet centage;.of tFie resale price uponl�c owner's conveyamcc of the Property,as set•out in the Regulatory Agreement and as:more fully providedherein;and: V REAS the rights and`resvictionsgraoted herein tb the lVlonitoriag A MW&ipality serde the public's in#erest in the creation aad`retenk on of affoYdabl for persons and.households of low and moderate moq,we and.in the restricting of e e price of. property ui order to'assure;ts affordability by future low and trtoderate asers:; NOW,TI ,FORE,as fuither coiisrderation for the coriyeyait e o Property i Fels than fair.;;tk value,the Cnartior and the:Dovner''uictuding bislher! heirs.successors arid assigns,hereby agree that the Property shall be subject to the fol ri is and restrictions cvhicli are:imposed#ox.the.Yenefit of,aticl shall beenforceabie eipality and the Monttoring<Agent,an if DECD is a patty'to the Regutatb ement and is not die , Monitoring>Agent,by PRC.D. F. a "" 'ons.In this Deed Rider,in ail do o the torms.defumd_above,ttie following"t&arid.phrases shall Have the foil ` g ings: Affordable I ous means.a.,b. by the 1Vlunicipality for ttie;pinrpose-of reducing the cost of'housttig for Eligib ` ers or forthe purpose of encouraging,cfeatirrg: or subsidizing the construction or r a ' tron of housurg:for Eligible Putchasersbt if no such fund'exists a fund establisF ed by icipality pursuazZt to Massachusetts.General Laws. chapter 44 Section 53A,:et se +: Applicable Foreclo I have tF a araearii g set forth ia:Section 7{6).hereof` A `ro nate Size Ho lm mesas a household containing a number of members`<equal to them— number of beMAS.in Property plus one. Avoroved 11 improverx►e moan the;.docuinented commercially reasisnat le cost'of' extzaord' ary capital h nprovemettts"made to the Property by the Owner;grrovi&d that the t gent shall have given.written.authorization for incurring such cost pxior to ilia cost and_that ffie.original cost_of such improvernents.s}�atl be discounted:over the course. ftheir useful Fife means hat'nay N etm fitaniStatistical Area or.non-me ropoli 0n area.tlaat�nclU, the ' Municipality;as determined by HUD,wluc}i,in this.case:s. • I r Bk 24361. 'Pg 327 #7326: • ai; E ' Area Median Income means tlie`niost recently published median ncome'for the Area adjusted for housebiold size as determined:b HUD Jf FIW discontinues publicaf oa ofArea'Median Income,the income statistics usedlyy MassHousing far ttslovv.and moderate,income lioisizig; programs shall apply; Base Income Number tneans.ihe:A=Nfedian income fora four(4}person household.. n C dd&ecutive officer shall mean the,Mayor in we ty on the Board of Selectmeliin a gutless some other,municrlial 0-ba designated to beAhe-:chief executive,officer provisions of a local oharter C esin" shall have-the meaning set forth in Section;5(b)hereof Cqn iance Certi4aok,-Gall have ate meaning seE'forth in Section_6(a) ere zeyanee Notice shallhave the;zneaniitg set forth in Se o El gthte Purchaser<meaizs:an uxhvjd or.household. _.re than eighty per (80%) of Area Median Income(oa if checked[I nt( %)of Area Median Income;as:required.by tine Program)and owning rise excess of.the limitset forth in the program Gruidelines. To'be considered an Eligihle; a aser,the;individuat or household multi j. intchd to occupy.and teneatter must occupy the o as his;her or their prmcipa,,residence. and,must provide to the.Modhoring:-Agent suc canons as to income;assets:anal residency. as the Morinoixng;Agent jfiay,require to'd e.eligibility as4n.Eligible:Purchaser. An Eligible Purchaser,shall 6-a First-r' er if required by the Program and as specified.. F' m tho Regulatory Agzeeznettt. First TimeHornebg 'dual;or hdusefiold,,of.wluoh no household member,has had an ownership interest:. z residence at-any time during the three(3}year period prior to the date of gnat' an Rligible Purchaser,except that(i)army individiA,w]xo is a displaced lioinezuaker a de ned'by DHCD)(ii)and any individual age 55 or over (applylug for age 5 5 d er housing)shai ,- be excluded frorri consideratiion as a Firs#Time' 'Homebuyez:und >S efinit:on on:the basis that the irndividtA owned a home or had an:, E ownership int a principal residence at any time durin the.ftee.(3)-year perioda Forec o ." ` ce-shall have the rn eamng'set forte t Section 7(0 hereof ears the United States Depa tcnent o. lousing:and Urban Develvg ent Ineligible lhrrcham means;aa tnoiv dual orbousehold n_ot neetii►g the requirements to be eligible as an,Eligt'ble.Purchaser, l wdw-Um resale Price means the sum of,(}:6 tq o Tnconrie Nur{l er(attlie time:ofre,W multiplied by the Riesale'Price Multiplier;phis CuOhe Resale Fee and any necessary°marketing' 3 e Bk. 24361 pi. 328 .#7326 expenses('including broker's fees}as may have been approved;by the Nlox!itoriarg Agent;plus Oil)Approved Capital Improvements,if anq(the ongmat cost of which shall have been discounted over time,as calculated hy•the Monitorin Agent};arovided tk an no event shall the Maximum Resale Price be greater than the-purchase price for which a:credit-worthy Eligible Purchaser earning seven#y percent(70%)of the Area Median Income(or,if checked j]: percent(__,_%)of Area Median Income,as required by the Pingraul)for an Appropriate Size Household could obtain mortgage financing(as such purchase puce is determined by the.Monitoring Agezrt using the'same methodology then used by i Local Initiative F�rograrn or similar comprehensive.peraitprogcam};ancf`fuier e the-Maximum Resale Price shall not be less than the purchase price paid for the y the Owner.unless the Osier agrees to except a lesser price;: Mcanatoring Serv,�ces A imant ricansyMringSrvics f `n ' en€oraerneizt of this Deed Rider among soiree or.all of the:Developer,th Mo, ring Agent,the Muntcipality,MassHousing and DHCD.. 1VModg_ge Satisfaction Amount shall have the meautng;set fa in on 7(b):tdereo£ ,Mortageesba11 bpe he_aneanirig set forth in Section 7 0 Program Guidelines means the-regulations anchor gu a es issued for.the#Ppji cableTrogmm and controlling its operations,as arnended;froFn a e. Resale Fee means a fee of;`2°/a of the B e. bar(at the time o£resae)multiplied by the Resale Price 1Vlultzplier to.iie paid n toning Agent as compensation'for.monitormg and enforcing compliancesvvitlt the> this Deed Rider,including the snpevision;4f the resale process: • Resale Price Certificate,xn" rs Cate issued as mWay be specnfiW in the Regulatory Agreemem and recorded"_' first deed of froze the De veloper:or the' Sul sm eat certificate ' issued + may be'specified In the Regulatory Agreement;"which sets forth the Resale ultiplier to be applied on the.Owner's sale ofthe Property;as provided herein so ong as thexestrictions set forth herein eontiuue. In the absence,of coxitrarq s in the Regulatory Agreennent the Monitoring Agent shall issue the certificate.IM IeII' Muttiplxer nneaus the number:`calculated b, &V,rdmg'the Property's`imtzal-Saxe price bf B e J[ucome i umbez at the time of fte initial sale from the ]evelopex to the first Ehgible Purcli er.2he Resale Puce Mu16p)iex wnYl.be.multiplaed by the Base 7nconae Number#. e time:of the:Owner's zsale:afihe]?roperty;to determine the Maximum Resale Price on such conveyance:subject to ad1ustment for the ItesaIe Fee,marketing expensesand Approved Capital` IZImpraveruen�#s. In ghe event that the.purchase price:paid for tb®Property by the Owtaer iiacludes -ph an adjusEment:a rze v ResalePrice Multiplier.vnIl;lze recalculated by.the Monitoring Agent by dvidzng';fhe puxcliase price so paid by.tlie.Base,_Tncome`,Number at the trrne.ofsuch purchase, 4': Bk 24361. . ''29 329 7,326 and a new Resale price Certificate wz71 be issuedInd recorded reflecting;the new Resale.Mce Multiplier. A Resale Price Multiplier of is hereby assigned to the Property, T=means in perpetuity,unless earlier terminated by(i)the termination of the birii of affordability set forth in the Regulatory A reetiaent or.Co npreheinsive Permit,whichever is longer,or(ii)the recording of a Compliance Certificate and:a neat Deed.Rider.e ce by the; purchaser in form and substance substantially identical to this Deed Rider establishing a' .. _. terra. I. Qmer-Occupancy zinc' ai�tesidence,.The Property shall be oc ' d`a�nd used. 6y the Owner's household exclusively as his,her or their principal residence. of the Prop or activity thereon which is inconsistent with such exclusive resi a is expressV prohibited: ' 3.,. estrictio stteasin E in ;or bialll The Property shall not be leased,rented,refinanced,encumbered(vo y otherwise)or ino tgaged.witliout ilxe prior written consent ofthe Monitoring ovided_that this provision shall trot apply to a.first;mortgage granted on tb ereof in connection with this c©nveyauce;from;Grantor to Owner securing indel tedri ter Haan one IiundrEdpercent (I UO%)of the purchase price any rents,.profits,ar om arty transaction described W. the preceding sentence wlah transaction has not a requisite written consent of the Monitoring Agent shalt be:paid upon demand a to the Mutucipalzty#or.deposit to its Affordable.Housing Puzi�, The Monitoring t Muncipalitq may uishtute proceecluigs to recover such ants;profits:or proceeds, d o collection,including attorneys'fees., Upon recovery,aRer Paytaent of tests,the b 11 be paid to tlia Munioipality for depositto its Affordable I ousing Punil; X,n the a Monitoring Agent:consents for good cause to any such tease,refmanoin&en or mortgage,it shall be::a condition to such consent OW 4 rents,profits or procee such transaction,which exceed the;actual:carrymg_costs of the Property as determined toxug Agent,shall;be paid=to the.1Vlunicipality for;deposit .Affordahle.Hus' 4 0 tior hase< (a)When the:Owner or any successor iii title-to the Owner shall desire:to sale disp se of or otherwise convey the Property,oc any portion thereof,the Qwner sha ti e Monitoring Agent and thiMunicipality m writing of the Owner's: nteintent!on.to; vey the)Property(the"Conye ce otice'�. .Upon receipt of the Conveyance i'1, a di-chit[(i)calculate the:Maxirnum.Resale Price which:the Owner e i on the.:sale e£:tlie Property based upon the Base Interne Number in effect as of the. e Conveyance I�fotice and the Resale Plaice Multiplier set forth in ft most recently. reca, Resale Price Cecate.together with pernussible adlasttaents for the Resale Fee, marketing expenses and Approved Capital 7mprovernents:(as discounted),and(u)promptly beg in marketing dforts., Jhe.Owner shall fully cooperate vi#x the Monitoring Agent's efforts;to locate an Eligible Puic i i::and;if so requested by the Monitoring;Agent,shall lure a broIaer. selected by the MoAitoring Agent to assist in locating an Eligible Purchaser ready'willingand able tp: I Ease th,'T. erty at the Ylax=Resale Price`afier ei teting a purchase and sale Bk 24361 2,4 330 #7326 agreement.,Pursuaii to such.agreement,sale to the Agible Purchaser at the Ma imum Ttesale. Price shall occur within ninety(90)days alter the Monitoring Agent receives the Conveyance , Notice or such further time as reasonably requested to arrange for details:of closing. if'the Owner faiis to cooperate it such resale efforts,including±a failure to agree to reasonable terms in the purchase and sale agmemeat,.the Monitoring Agent nw extend the:9.0-day period for a period commensurate with the time the lack of cooperation 6ritirrues,as determined by the Monitoring Agent io its reasonable discretion.Iu such event,the Monitoring Ageut_shall ' e Owner written notice bf tile.lack of cooperation and the length of the:extensicm added e day.penod (b)The Monitoring Agent sball:ensure that diligent marketing efforts locate an Eligible Purchaser ready,willing and able to base the Pro at um Resale l� Property Price within the time period provided in subsection(a)above and to erde a site purchase and sale agreement: l f more than one Eligible Purchaser is locateu,the o ng Agent s co halt.. nduct a lottery or;other like procedure to determine which Eligible aser shall be entitled to enter a purchase;aud sale,agreement wit_Owner atld to pure perty. Preference shall be given to Appropriate Size Households.The procedure r" eting.and selecting an Eligible Purchaser shall be'approved as provided iti the Agreement and any ` applicable:Pcogram guidelines.Ifan Eligible Purchaser.' within ninety(90)days after receipt of the Conveyance Notice;but suet,Eligible proves unable to secure mortgage financing so as to lie able. complete tfte"purchase perty'pwrsuarit to the purchase"and . sale agreement,foll6�:*ritten,notice to. wi the 90.day period the Monitoring. Agent shall:bave an additional sixty(6U}8ay o to ano#lZear"E3igible'Purchaser who will enter'. a purchase'and sate agreemern and pule rty by the cud of such sixty(60j_iay period or such furtdter time;as reasonab ed to carry out.He purchase and sale agreement. (c)Iu lieu-of sale to an Eli baser,:the Monitoring Agent'or the Municipality or de*Ce sfiali also ltavethe base the Property Ache Maxiwur Resale price;in_ which event:the.purchase:an 1 zrzent sbtalI be entered,and the;purchase shall occur within ninety(90j days.a c 'pt::of the Conveyance Notice or,within the additional sixty' ; (60)- period spec' section(b)above,or such farther time as reasonably xquested to: r carryout the'purl. tY sale agreement.Any lack of cooperation 17y Owner.in measures l . reasonably ne to effect the sale shall.extend the 90-day period by the length of the delay caused by f coopemtibi The.Monitoring Agentshail promptty give ovm it notice of th ac of cooperation and the length.of the extension added to the 90�iay period. In the ey f s a sale t- file Monitoring Agent or Municipality or designee,the.Property"shall. �mVnet to gible%Purchaser more particularly:set forth to the Regulatory Agreement, (OW Eligible Purchaset':fads.q purchase the Property vnthin tile.90-dap period (or such further time detexminecl as provided herein)after receipt ofthe:Conveyance Notice,and the Monitoring Agent or;Municipaiity or designee does not purchase the Property during said period;. theia the Owner may convey°theroperty"to:an Ineligible Purchaser:no earlier than:#hu ty(3Q) days after:tte encl of said period at tile.Maximum Resale Rice,but subject to all lights and' i Bk 24361 P' 331 07326 restrictions contained herein;Mtkd that the Property shall be conveyed subject to a Deed_ Rider identical in form and substance to this Dyed Rider whtch#pie Owner agrees.ta execute;to secure execution by the Ineligible purchaser and to record with ills Deed;and t iihtr 'i�ov'dred that if more than,one Ineligible Purchaser is ready,willing and able to purchase.the Property the Owner will give preference and enter a purchase and sale agreement with;any individuals or households identified by the Monitcnng'Agent as,an Appropriate Size 13ouseholc;eamng raoze than eighty percent(80%)'but less than one hundred.twenty percent(120%)of the Area Income. (e)The priority fox orcis iwoptlans to'purchase contained'm this S 4' all be, as follows:(i)an Eligible purchaser located and,selected$y the lvlozritoring A vided in subsection(b)above,"(ii):the Municipality*its designee,as'provided flan(c)above;: and(iii)an Incligible Purchaser,as provided ui'subsectiofc(d)above:: (f) Nothing in this-Died Rider or the Regulatory Agreement s a promise, commitment or guarantee lry DHCD,Massousing,the.IvYunici Monitoring Agent. that upon sale the Owner shall act;r� y receive the Mirror Price for fine Property or any,other price for;the Property. ; (g)Theholder.of ia mortgage on thefP perry' ' o gated tQ forbear from exercising. the rights and'rernedies under its:mortgage,;at taw or rty,.after delivery of the Conveyance. Notice: 5 Delxvery of3?e any,covve.*oe gursuant:to an oPtton to': purchase as:set forth in Section 4 above'` perty shall.be conveyed by the Ofter-to the selected purchaser by a good and s V ' . 'quitclaim deed conveying'a good and.clear record 'and marketable title to th6 F:ope ttz aft encwnnbrances except(x}such taxes far late then. carrent yeaf;as are•not due mu an oa the dabe.of delivery of the deed;(ii)any,iien for nicipal bettermeiats asses e.dAte ofthe.0on�veyaaae Notice,{ii) asions of local. building and zoning:i8 '' easements,restrictions,csvenants and agreements ofrecord specified id. a deed Owner to the selected:purchaser, (v) such additional easements; restrictions,Dove, .. agreeirents:afrecord asthe.selected pu=ctiaser consents to,such r consent not to nabty vvitltheld or:delayed,(-vi)the Regulatory:Agreement,and(vi), except as oth vided in;the Compliance Certificate,a Deed Rider identical in form and substance sad Rider�which the Owner hereby agrees to execute,•to secure execut on by the eel p Baser,and to record with the deed. Said deed shhall clearl}r state that.it is ma6'e .set to the Deed Rider which is made art of the deed.]'arlure;to conxply with the prs!Oorthe'!ij*ce entence shalt not`affect.the validity,of the conveyance froiu.the.Owuer:to the selected Hitt'of the r+estri6bcn%herein.. (b)Said deed 'mcludng the-approved DDeed Bider,shall'be delivered and fire ptarclzase . price.paid(the°Closing"}at Regist cy , at the option of the selected purchaser,exercised by written ri ce to the�Owner,xt least£ve(S)days gr or to tne:delivery.oftiie;dced,at_SnCh'other place as the:selected purchaser may designate in.said notice The Closing s)tatl occur ati such t t r Bk 243fi1 Pg 'A 32 1326 tme raid on such:date as shall be;specified in a written notiee.&oni 1he.,selected purchaser io tits Owner,which date:shall be at least five(5)days;after thedate on which'such notice is given;and no law than the end of the time period specified:in Section 4(a)above: (c)To enable Owner to make conveyance as limm provided,Owner may,if Owner so desires at tits time of delivery of rite deed;use the p urchase money or.zip;portion-thereof to clear, the title of any or all encurrabrances or ifftd ests all instruments.vy tla respect thereto recorded simultaneously with the.delivery'af sad-deed.:Nothing contained herein as to ` Owner's ob to make;comreyance or to deliver s" the Property in accordance with the:terms`hereof,;as to use of proceeds to clear as o he election of the selected purchaser to take tit nor:anyth ng else in this Deed ' deemed to waive,imp*:or.otherwise affect the priority of the rights here' afters appeariiag of record,or,.o.cctirrin uag_o g,at any.time after the xecard` f this ,all sneh n attexs so;appeariq or occurring being subject and subordinate in all en th -right's'heroh—L (d)Water and sewer changes and taxes for the then curve e d shall be apportioned and fuel value;shall be adjusted as of the date of A, d':. a net;amournt:thereof shalI be added to or:deducted from;as thercase msy be, ass price payable by the. ,selected purchaser:. of the Propert y$ee itom ants is to be delivered at possession the:tame of .the_Closing,"the Property W'be then in the`sami de as it is in on the;date of the execution of the pmehasc and;sale agreement;reasonable a and tear only:excepted. {);if Owner:shall be unable to Zcbr_to make conveyance as above required;or if any change of condition i i the Fro ' included in flue above'exeeptioh shall occur,then. Owner shalt be gib%en a i easonabl" to exceed thirty(30)days after'the data,on which the Closing evsto have occurred' to remove any defect va.title or to restore the Property to the condition herein req ' r shall"use best efforts to iremoYe:any such defecfs'.in the titfeY`vvhctliez voturitary o' tart';and=:to restorethe property to the extent permitted by instiraiice;.proceeds or a ation award: The Closing shall occur fifteen(1 s5)days after_ notice by Ownef that efect has beeA cured or tliattbe Property has been so restored; °Tice selected porches ` b ve t#ae.eiection,at either:the original or arty extended time for performance;to pt such title as the Owner can clelrTrer to ties piroperiy ix its theta condition and;to pay r fhe paarchase price.without deduction,in which case tlae Oce+ner'shall convey such'ti ex that ui.the event of such conveyance in ol. with th6 provisions of this cI e, E Property.shall have been damaged byfire"or casualty insured againstbr if.;portion. Property shall,have been taken by'a public authority;tbien the Ownarshali,;uniess the: - Ovine ;previously resWred the Propee�ty do its forever condition,;ea#Iaer: - (A) pay over or assign to Ehe selected poichaser;ota del very'of the d' All amounts recovered or recovexable on account of such insurance or condemria_Lion award Iess any amounts reasonably expended by the Oevpery.r any partial; restpratlon,or 8 E 1 . Bk 24361 g9 333 #7326 (B). if a'holder of amortgage`on the PtOpert3►shad pot:permitthe.insurw=. proceeds or the condemnation award or part thereof to be used to.restore the Property to its foi er condition or to be so paid over of assigned,give to, selected purchaser a'credit'against the purchase price,'on delivery of the deed,. equal to said amounts sa reteuted.by the holder of the said:mortgage leas any: amounts reasonably'expended by the Owner for ally partial restoration.. 6. Resale an�,'��nsf�er Restrict►ona, (a.}Except as ot'herRrise pro�srided h ''th . Property or any interest therein shall not at any time be sold by the Owner,or the.0 r' successors and assigns,andmo attempted sale shall;be valid;unless the aggreg all consideration and payments of everg kind given orpaid by-the selected porch e .roperty; for and in connection with the transfer o£such Property,is:equal io'or less axitnum " Resale Price for,the property,and unless a;certificate(tFie"Com_pl`ance G` te')is obtained. and ecord gn ged y ed,si ed and ackaawled b :the Monitoring Agentv+rhic ColWbnee Certificate' fifers to the.Property,the Owner,the selected purchaser hereof,and Um Resale Price therefor,and states that the;proposed conveyance,sale or transfe perry to the selected; purchaser is in.conapliancesnth the:nghtsrestrictions,coven eiits;contained.in is beed Rider,'Arid unless theie is;also recorded anew ec executed by this selected purchaser;which nwDeed.Ridriidtcaluma s to this_Ned+Rider.i n (b)Th wncxj,a4y`good faith purchaser of." ,"arty lender or other party:taking a sectutiy interest in such;Property and any-othe any may rEiy upon a Compliance Certificate as conclusive ev%dence that the ntveyance,sale or transfer of the Property to the selected purchaser is'n complian a rights,restrictions,covenants and agreements contained m this Deed Rider,and may cb Compliance Cerhflcate'm conneo.hon with the'. conveyance ofthe Property, (0),Wrtmn.fen(ltl)day closing o£tlie conveyance o£the Prope rty from.ihe: Owner to 44e.selected pwrc e wriez`shall deliver 16.the MomtorrngAgent a copy oiFthe DO the property,inc a deed rider,together with recording information. Failure,of . .the Owner,or Owner.' sons.oa assigns to eoIuply with the grecedingseuteuce shall'not`' affect rile validity of s i conveyance or thq enforocability.6f the restrictions herein: . SOW of Re U on.Hoekcisi of Remedies b Mort a s (a)The holder of r r any mortgage on the Property(each,a"Morrgaee"}shall notify.the. Mon to' A t„the iviun cipality and arty senior:Mortgagee(s)in.the event of any default for w ' h e ortgagee mtq to commence foreelosirte proceedings or similar remedial,action an its wort a tthe"}~oreclosure NoUcs" `Evhiel�not,ee.shalt lse.stint to the Monito p _ ( )i. rlTl Ageirt 'd the Mutuc polity as set forth in this Deed Rider,and to the senior Mortgagees)asset forth in such:senior,lvlortgagee's mortgage,notlessthan'one:hundred twenty{l2tl);dayspriorto the foreclosure sale or•tbe acceptance of a deed in lieu of foreclosure The Owner expressly agrees to the teliveryofilie Fareclasure Notice and any other coziamutucations and.diselost$es made.bpthe:Mortgagee.pursuant, this Deed Rides } 9 I Bk 24361 1?g 334 #7,326 (b)The owner gra ts.to tl�e Municipality or its designee the r�gbt end.option to pnrcl�ase the Ptopeity upon receipt by the Municipality of, Foreciasure Notice. In the event that the Municipality:intends to exercise,.iis option,the.Municipat ty or its designee shall.purchase the Property within one hundred twenty(120)days of receipt of sucbnotice,at a price equal to.the greater of(i)the sum of the outstanding principal balance of the note secured by such foreclosing Mortgagee's mortgage;together with the,out§tanctng principal balances)of any notes)secured by mortgage(s)senior in priority to such rxcortgaga(but in;no event shall the aggregate thereof be greater than one hundred perretit(l0'00 of 6e`Nlaxirnnm Resale.Price colt the titre of the granting of the mortgage):plus all future_advances;accrued interest reasonable costs and expenses.which the foreclosing Mo tgagee and any senior (s)are entitled to recover pursuant to the tem.of such,mortgages(the Wortaitze Saks n Amd=— l anal(H),the Mwdintlm Resale Price(which for this purpose ma than the, purchase price paid,for the.Propez ty b tlie:owner)(the greater o£( and ab a heirein referred to as the"Applicable Foreclosure'Price) The Property:shall b so d conveyed in its then-current"as is,:where`is"concimoza,without representation or of any kind;director: indirect,express or implied,and with the benefit ofand subject rights'of wayl. restrictions,easeme hens uri rovemeizts lulus lations ublic' nts,cova Pants, p , ,P assessments,any and all unpaid federal or.state tuxes{sub y rights of xedeinpttot<fox wr►paid federal taxes);nauraicipal Bens and any other eiic o of record then is force aiid. applicable to the Property having prtonty:over such f `s Ivlortgagee°s mortgage,and further subject to aUeed Rider idenhcal.in form aad b e-to this Deed Rider whichIhe J owner hereby agrees to execute,to.secure:exec ' n b e Municipality or its designee,and to record with the deed,except that(i)duri, f ownership of the]Property.by the Municipality or itsdesignee the owner-o. requirerxtents of Seetion'2 hereof shall not apply(unless the designee-is an Elgibl er);and(l)'the Maximum Resale Price.shall be l- ' recalculated.based on the price poi. o Property by the Municipality or its.designee,but not greater than the Applicable Forec ce. Said deed shall clearly state that it is made. subject to the Deed Rider wh* ode, art of the aired. Failure to comply with the s pre.edr g sentence isliall no validity of the conveyance from the Qwmer,to tlse Muni . .ty its:de$i a enforceability.of the restrictions:herein; �. c Not earie :one hundred twen 12(? da s fibllowing the delive of the: Foreclosure No ' to a Monitoring Agent,the Municipality and`any senior Mortgagee{s) pursuait to n{a)above,tie foreclosing Mortgagee may conduct the foreclosure:sale;or accept a de iri ieu Of foreclosure The-Woperty shad be"'Id and conveyed in.its:then-cuttent, "as is,vu re aonditiari;without:i epresenitation or warisity of any kind,direct.or indirect, ex or plied,.and with the benefit of and subject to al]rightsrights of way,restrictions; e ,covenants,liens,:improvements;housing coda violations;public assessients,aay and all unpaid ferlera2 or state;taxes(subject to acty.rights of redemption for unpaid federal taxes),, municipal liens and airy other encumbrances'of record then m force anal applicable to the Property hav piority over the foreclosing 11+Iortga9ee s:zriortgagb,and fizrtlier subject to:a Deed Ridcr,.as set forth below:. ' f.� Bk 24"1 Pg 335 47326 (d)In the event that the foreclosing Mortgagee conducts a foredlosura sala or other proceeding lenforeing its ruts under its.mortgage and the Property is sold for aprice in excess of the greater`of the Maximum Resale price and,the Mortgage Satisfaction Amount,such'excess shall be paid t4 the Municipality €or its Affordable Hausi ag Fund:after(i}a finalJudic al determination,or Qi)a written.agwinent of all pales who,as of such.&e hold:(or have-been duly authorized to.act for other parties who hold)a record.interest ih the Properly;that the Municipality li entitled'to such excess.The Iegal;costs of obtaining any suds judicial: determination or agxeetnent,shall be deducted from the excess prior to payment to the :Municipality,To the estent that the Owner'possesses arlyinterestm any amount;w w ', otherwise be payable to the Municipality under paragraph,to the frailest ea ible _bylaw,the E3wner:hereby assigznsits interest iasuch amount to:the Mortgag o ent to the Municipality: ` '(ej'Zf airy Mortgagee shall:acciwre:the Property.by reason Oft los or up6h ,. :conveyance ofthe Property in lieu>offoreclosure,'then the-rights and�t lotions contained herein shall apply:to such.Mortgagee irpon;such acquisW6 of th r and to.any purchaser of the Property from such Mortgagee,and the Property shall con ed subject,to a Deed Rider identical in form and.substance to this Deed:Rider; . c Mortgagee that has so- acquiredthe Piope tyagrees by annex to fhe deed and to the deed,except that'0) during the term of ownearship of ttie Property by such _` ee the owner occupancy requirements of Section 2 l exeof shall not'apply an ii a Maxi munn Resale price shall'be recalculated based on the,price paidforthe-Pro ch Mortgagee at the foz�Iosnre sale,: but not greater thari dte Applieab2e Foreel ri Said deed shall clearly state that t is tirade sub's to:tlze Deed Rider whichis Dart ofthe.deed. Failure to comply with the preceding sentenee'shall not affectthe ` f the corveyance to the Mortgagee orthe • enforoeability of the restrictions (f)If any party other$t rtgagoo shall acquire the Property liy reason of fozeclosur6. oz upon..conveyance of than a Iieu of for losure,the Property:shall be conveyed subject to a`Deed hider identiea and substance to'.this Deed Rider,which the foreclosing Mortgagee agrees to t : e deed and to beedrd with the deed,except that.)-if the purchaser at such fo Io resale or assignee of- desd in.Llieu of foreclosure is ate Ineligible t Purchaser'.then rag a term of ovnipiship of the Property by such Ineligible Purchaser,the owner-occ p meets of Section 2 hereof shall not apply,and(ii)'the Maximum Resale Price shall culated based-on the price paid for the Property bYY such'third party purchaser at the f elo a sale;but not gimatertnan the"Applicabl&Foteclosure Price, Said deed shall clr l Ea a that it is wade sub' t to the Deed Rider which is.made 'art of the deed. ai to comply with the preceduzg sentence shall not affect the yalidity`of the conveyarice:to such ,rd party purchaser or the erforeeablity of the restrctions.hereia. • i. U(g) I� ati ssfilb4on ofthe equu ents contained in this Section 7,the Monitoring` Agent shall issue a.Compliance Certificate to the foreclosing Mortgagee which,upon recordIpS in the Registry,may:be relied upori;as provided in skd6h:6(bj.licteof�s;conclusive evidence ;x Bk ;2436i Pg 336 47326: that the conveyance of the Property pursuant to this Sec bi ?,is M compliance with the rights,, restrictions,covenants and agreements:contained in this Deed Rider.. (h)The Owner understands and agrees that nothing in this Deed Rider or the Regulatory Agreement(r)in any way;constitutes a prouuse or'guararitee liy Massl Iousrng,DHCD,Elie " Municipality or the Monitoxtag Agent that the Wrtgagee shall actually receive the Mort age . Satisfaction Amount,the Maximum Resate Frice for the p"roperw or airy ether price . ` Froperty,or(ii)impairs the rights_and remed'xes of the Mortgagee in the event of a deli c ()If.a.Foreclosure Notice is delivered after the delivery,of a Convey anet to s provided in Section�(a)hereof,.the procsdures:set foxtb in this Section 7'sh a tthe, ` provisions of Section 4 hereof: Covenants to Run'Witfi the Proper�7y (a)This Deed Ri ','in ding all restrictions,rights and covenants,contalned herein,is.an affordabie.h g restriction as that team is defined in Section 31 of Chapter 1,84 of the Massachus Laws,having,the benefit of Section 370 such Cha 184 and is en1.forceable su is Deed Rider has been . lam. appii roved by tiLe Director of DHCD (b)1n conixanatron thereof the Grantor and`th intend,deolare and aoveiiai t }" is versants contained herein,shall be that this Deed hider,iacludu�g a1l:z�estrietions, - and are covenants tinning with the`land;en a ing a Property for the Term;.and are;binding Von,the Owner and the O.wner's;suocessors' tl nd assigns,Cii)are not merely personal covenants,of the Owner,and H)`sha l e e efit of and be enforceable by the: Municipality;the Monitoring Agent an and their successors and assigns,for the`Tears: ,Owner hereby agrees that any and ments,of the laws ofthe Commonwealth of Massachusetts have been s. J e for the provisions of this Deed Rider to,constitute restrictions;and covenants; the land and that aray requirements-oaf.privity of estate: . have been satisfied rx full; Q . . . 9. 'lice. ces dema>ids or it�equests that maybe given under thts Deed Rider shall be.suirki Ied if given in writing and delivered by hand or mailed by certified. or registered mail,po prepaid,seturn receipt requested,to the following entities and parties: ira interest at th esses set forth below, dres or such other adses'as a�ay b e specfed.by any, party,Or i x)by°such`notice: Grantor:: 1 , Omer, � ^ 12: f u Bk :24361' Pg 337 #7326 lnitoring Atis {1) Drrectar,LacalInitiativePrograrfi DHC17 ; 100`Cambridge Stet Spite 300 r ._ 13oston,MA 02114 • -Others.;, � F �' n , Any such i otice;deinaand or-regnestshall ire d ed ve been give"on thie davit is-lsan l delivered or,mailed. 10., er Assurances; Thee grees fmm tim to time,as may be reasonably required by:the lvfo.'�iitormg Agent,, a Monitoiiiig Agent upon''its request with.a written stafement,"s g od:aind,`if ': aclmowledgird,'settmg forth the condition and occupmcy.fthe Properly,' vnceminig the resale of the Progorty and other'material information pertaining to the and the Owner's cod rinance With the requirements of the: Comprehensive Per it f an gmtn Guidelines,-as applicable; 11. f ce" t a)Tile rights hereby'gttec shad include the right of the Mur ici'pality and the q' oring Agent"to enforce this Deed Rider independently by appropziate` Iegal groceedin "`d obtain inmct3ve-and otlie appropriate irelief on,acxount of any: violations inclu 'thout Ilimitat oa'relie£requking restoration of the Pr, perty,to the condition; or , i,ity or.occugap py"which existed prior to the violation impacting such conditio ability or.ow'Tanoy (it hezttg agreed that there shall"be no"adequate remedy at:_` F la o violation),indshall be in addition to,.and•not'in limitation q any other rights wind Y i 'able to.the.Municipatity sn&the"Mgnitoring Agent (b)Without lixnitatiom of any other-rlglits or remedies of the I, u metpmity an the Monztortng Agent;yr them"successors and assips,m the ovent of any sale,conveyance or other transfer or occupancy of die Property in vWaiion of the pzoviszons:of this Deed Rider,the lYlunicipaiitpand Monitoring Agent sha116e entitled to the:fvllowuig remedies,w&iclt slZall Eie . .:._-. cn ia'tive.and not.mutually exclusive. 13 Bk '24361 Pg 338 #7326 C? specific performance.of the;provisions oftl is Deed Rider, money damages far charges': excess of the Maximum Resale Price,if applicable; (iii). if the violation is a sale of the Property to an Ineligible Purchaser except, as:;permitted herein,the Mo iitori kg:Agent and the MpWoipality,shall have' e option to locate an Eligible Purchaser to purchase of itself purchase the pe from the Ineligible Purchaser on the terms and conditions.provided Win, purchase price.shall be a price which complies with'the provisio o is eed shall N17LILartinpro*iddd, maybe;udiciall ordered. (iv)' the.right to.Void sty.contract for sale or any sale,Co ce or other transfer of fie Property iti violation oftheptovisions Deed hider in the:,, absence of a.Compliance Certificate;by an a, o to enforce this De4 Rider;and s. (v) money datnages forihe cost of OW" btaininga comparable dwelling.unit for ati:Bligible:Purchaser. (c)In addition to the foregoing, agrees and shalt;be obligated 6 pay r. Aft fees and expenses(utcluding legal fecs):of onitoring Agent and/ore Municipality.'ut the event_successful''enforcement action is nst the Owner or Owner's successors;.or- -a assigns.. h. e.OVMer Weby grants to the;. .ag Agent'and the 1Vlunicipality a lien on the Property,juruar to the lien of any insti holder,of a.fi first mortgage on the Property,to ; secure payment of such fens:and a any successful enforcement action. ring Agent and the Mun aipatity steal "d to seek recovery of feel and expenses incurred in as:; successful enfbrceinent action'• ed Rider against the Owner and too:assert such a lien on: the Property:to secure pay Owner'af such fees:And expenses.Notwithstanding anything hereitz to the m the event that the Ivlonitoruig Agent and/or Municipality fails to enforce this Deed` provided in this Section,DHCD,ifit'is notnamed as'Monitoring: Agent,&Ml}lave the rights Arad standing to eniorce.thts Deed_Rider as the Municipality' and Monitoring t OF (d}NIE� _ er for hims$lf,l mself 9ithemselVes.And'his,her,or their;successors and: , assi _sohts to the Monitoring Agent and the Municipality the right to flake all actaions to the Property which the Monitoring Agent o :Municipality may deterrnme to be lice or appropriate pursuant to applicable law,court`order;or the consent of the Owner to preven remedy or abate any wiolatibh of this Deed Rider. 12': Wh torinig A gent Services.Fees. T#a Monitoring Agent shalixnonxtoi' compliance of the Project and enforce the regutrements of this Deed Rider. As partial compensation for providing these services,a Renle;Fee l; ]shall [ j shall not$epayable to the: Monitoring Agent on the sale of.the`:Propexty to an Eligible purchaser or any athex purchaser in 1:4 a ; Bk 24361, :Pg 3.39 *7326 accordance v, the terms of Otis Deed Ritter This£ee, f impos4d,shall be paid by the Owner herein as a closing cost at the tune of.Closing,and payment of the fee to the:M6nitoringAgeat . shall be a.condition tb dEtivery and`r,e�ording of its ce. cat e,failing which the Monitormg' Agent shall have a claim against the new purchaser,his,lier.or tbeit successors or assigns;for whicli�the Monitoring Agent may_V mg sn action and- .seek an atMchtr en against the F ProperEy: ' I3:. A`ctions by m— n-cinsiity Ariy action required or allowed to be taken e Municipality hereunder shall be taken fry. the Ivlunic�patitq's Chief Executive Offi ee. .14. Seyerability= If any pmV stons hereof or the application�'er to circumstance are j�udicially`determai ed,to`aftyei xten%to lie my id or u ie, e remainder hereof,or the Ii'lucatioh of such provision to tl e.persods or c' s oilier than- 'those as to iwhichlt is held:uvalid'o7 unenforceable,shall'not be ibe d:th -is.. Independent Counsel TH.EOOWNER AC1CN0 TI AT HE,SIDE,UlZ T' M HAVE READ TMS DOCCTMENI w ITs BNi m . HAD< HE OPI'.ORTtJ1VTTY.TQ CONSULT LEGAL AND FINAN ORS OFIHIS, OlZ THEIR CHOOSING REGARDING THE M(,UTIUN, RY AND PERFORMANCE' OF THE OBLIGATIONS'HEREUNDER . I6 Binding AQeement This 17eed 'd bind and inure to the benefit of the:' persons,enttiles and patties natxied hereini and successors or:assigris,as are permitted;by: thisDeed Rider:. a 17 Amendment.. This,I)e m$ynot be rescinded,.mo&Aod or amenda ui whole or in:pamwithow the writte t of the MonitotingAgent,the:Municipality and the hoider of any mortgage mot er c m5ttumentencumbering ail or any portion of the , Pro i P�Y�which wrtt�ao. � recorded with the ILegistry. . Executed as;a sealed in t t]iISday:of .240, Grantor` Owner By E3' t t • `_ Bk .243.6 Pg 340 #7326 con�oNwTH of 1+�ss�.c�ivsErrrs county,.ss. ' On this lay, f 4200 before me,the undersign motarypa. c pesonally'appeared the:. of m its capacity M,the to nze through satisfactory'evidence of identification,which was[a current driver'sces curent U.S.passport][my gersonat kno®+rledge],to be ttte persori tvbose name is' ed` the preceding:nstmpent and.aclsziowledgedthe foreg 0g instrument_# 6O or act::and deed and the fine act anddeed of.. of Notary 1?tiblic My commits fires:: CQMNiOiWV AL SI CHMTTS. County,ss. . on this day of 2t10 . before nee,_ e Im ersigm notary public;. personalty appearex! tt�e of i' lI2 3 1 as the of ,proVe& to fine r8rottght tis�£acto a c of identi c"Ift which was'ja'curreat driver's Zicetisej ja current U�:&gassport zsonal knOWWgel to be the whos person e name is sigacd.on tt e preceding imsteumen n�d��ac owledged file foregoing instrutnetrt'to be his or her free a L t 6d deed and the an.,_deed of as`. of -- Notary Public M�commissioYl.ftir£s; REX HYt AJRUPJr , i iSTABL <REGISi�RY 0 ``D' DS DECK , 1. ® 0 ��---------------- ��, BEDROOM#3 M/BEDROOM i KITCWr=N , t � FliBEDROOM#2 i ----- ------ � LIyINCz i � , .---------- ------------------- vain ----------- ---------"--� SECOND FLOOR PLAN FIRST FLOOR PLAN -- — a --, -- ;- ,�ettJer s - 5 .. - �► —— -El CONCORD I 5ECSONDFLOR SQUARE FOOTAGE±7 7 _ 0 Q 73 — — ®®®,�® TOTAL SQUARE FOOTAGE t V77 -- Cl®(7®® t s ry{F v DECK t d ` 1 , 1 BEDROOM#2 DINING KITCREN i A 1 , M/BEDROOM ® I GARAGE- ------- -- ---- IFl BEDROOM 39 + ",l, 1. ,LIVING, 1 --------------- FIRST FLOOR PLAN .. JL _ , SECOND FI OOR PLdN ��^ . Y _.. c ,M .r. n. r (F , r e ^ a . r— t,5e $,er,� -- Larac��azg rT ® — AGE±1040 _,. .. . - FIRST At, 0 _ S FLOOR SQUAREf00T D FLOR SQUARE FOOTAGE t 94 TOTAL SQUARE FOOTAGE t 1980 a I , r R f f - . D Kt�{EN.Ccniu.wg�f . rt 4 I II �j ge��bTvC_- } aP'naun�VTR Su1T� p , Cc OAS MR 7ZU IMCt�w.a4,) p 1 D 1 ' � a W .4 --. f "�ettJer's -- — l,and;ng �--rr- — = CRANBROOK - r' TOTAL SQUARE FOOTAGE tISM r r- r- - -. `. tom. I i 1 =cl �ii -I • -9, w 2 1 O M"IrER SUITE r a - I wnv_ R� ooiK. caru-cu,, 4 a t� • t P.,C�J�ROQC� C3EIJC204M 1"rLoop, pLAt4 y . r. Setder's _ Landing — VINEYARD -' - - TOTAL SQUARE FOOTAGE±1248 t - - • - A j�{ t �A : w• I ` I �J i �s - - a.m0� �aa -741 Pm i r_ irnwrt�®� Mum _I I = .-.. IMIMM I \ / I I „ son ;INman �II.on --Ii y tFIRST FLOOR SQUARE F09 momno ' r o Igo zn m • • �•• ••Ism NV- a q lyt'_ lopm Wn, Imll 3 i J1 Y 1 .......... ------ NW4 WISNER- Z-11F-IW15'11-� ON Settler s Ut �Iu ------------- AV d;ng Jill son INS MEN Iwo IN ��li �� i��l a. _ ► � e g�g ME lj IJI J MEN an 2 r • i i htJ.ST6RSyI-r� 1 qtG.._- I 1 B�RU07G', FSEnRoON( • V I1V f� rARAr E-- -.OATH O47 1/ k SEWM-)KLAOp,PLAN B y N, - zl za setters 7 .. _ �anc�ing LEXINGTON II 77777 1 7 — FIRST FLOOR SQUARE FOOTAGE 3 1260 17 F f SECOND FLOR SQUARE FOOTAGE f 706 TOTAL SQUARE FOOTAGE f 1966 ---.._ .. ELI t p,�ARootn L1yINC, RCIJ,IIC ` ty C VIPLST..FLOQR::.P_t AN.._.. S& 914D tam p` �Ar fl V f L - �, Y r •�u ,r. - •�1 — — - 'Settler 5 - _ and ng _ r L,EXINGTON I - -•� � �� FIRST FLOOR SQUARE FOOTAGE t 792 SECOND FLOR SQUARE FOOTAGE±833 TOTAL SQUARE FOOTAGE f 1625 rr 1 - T • I is si ...r f ,_:..:. _..�:..: <<, .:..,r.:. c:...,•ts..:,'..x�..<r...... .. a � WXI.11. :,.,x.t ixu^,. .r.:n::IRE x,._... r:'x .�.r i .,.z o::�t :.tm•: { E AI5 TING TREE5 E%I5 TI N6 TREE 5 .�+. �, MIAGHED . P AMNG ams(TYP) - LAWN 7; MAGMED L A W N RANTING DED5 LIM e A OMASICRU>L.. - zz.....—a. EASTNG OR- s-- �- BARRIER ME PLANTING PLANTING •`C A II L A.I,C,,t"f{.t�',l(' J ,. �-T BED5 CTYP.) yT p .L 0 '(1'T.K LL 4l r J L' y�I} I •'`;'I.ZI{�NJ ..i' _�` +1. , 1 itTa l�Y>'r, L A W N v.l "1T 1 h. 5u....�rT�{r f '„� .T J4.�i`-•r fir". - 'lr Il;alltn I =t +c,olic LIT,1 �" }, t• t �14� jl � y r �� fl C I( 1 'tyr :: ELT r Y, 15TI f''Tja § rly t ^t' 1(•�,irYA4' L A33W N (yam', ` ry-( �!• T E`' C WALKWAY LAWN LAWN WALKWAY ?i OCCASIONAL 15LAMD OCCASIONAL MLAN D ERSTNG I I WDM ORNAMENTAL " WITH ORNAMENTAL SHAD- TREE AND/OR TIME AND/OR TME53 jElASTING 5H"S/FLOWERS 5"RM./FLOWERS y SHADE 1REEC5) I QQa �7 V PROPOSED SHADE TREE q ,PEAR HONEY LOCUST. •:: /J O MAPLE VARIETY) - I UCH7 POST o Ll 1 I I AREA OF REOIAEED LIGHT POST I 1 SHADE TREE DEFINEDv L A W N - I 1 -,.I ,.r.,._...•h:. .. _ ,�I..,.eC :N x...,1L'...,...i4.L 4YIA`.C�n.Gi ..rr.� .. ..-t. ..,..'Y.:. ..... -. - F .. • . .. . L A W N NOR6 L NO SOL OR MAC"SUL BE PIAGED AGAINST ROOT COLAR OF M.M. RACE HALL ON 51ASOL REMOVE AND DISCARD BIAIAP 2.RAMING OPMI WALL BE THE SANE OR INMATE AS ETDEM IADER BAIL R low ALL SYNTHETIC 50L A. GROWN N M.RS)"'. WRATRRG MATUMLS CIREAIED BLREAP.NTLON TWML wrz BA5als.CIGJ AND OSGAW scdz 1*-10, GEN= PLANING NOTES TOP Of ROOIDALL SMALL BEAR SAE RELATIONSW'TO 1`115ME0 GRAVE AS TO )) ALL RANT MATERIAL SMALL COWOM TO THE STANDARDS Or THE AEWGAI ASSOCIATION Or rRYW15 C851NG GRADE OrAVATE SUDSOL AS RECI RED TO RAGE O 5 t0 IS ZD I FEET HILAISERTHEMUCES,OR TE KNIT AIM G Ail I)DISEASE ALL RAM MATERIAL.SEAL BE TILE ROOTBALI.TO MO[R ELEVATION, RAGE TOT BASE VARIETY.ARE LA AID BL ONAMART ITE AA AND ALTERNATIVE rP.EL P6TALLIX RESERVES THE RODTBALL LWEfRY ON SUBSOIL RIOIi.BASED OPOI AVAIMLTT.TO SAYSiNTE AN ALTfDUTNE.COPARAOE SHMA. .* #♦/ 2) ALL RANT MATERIAL SMALL TR PROPERLY anm STARED.WRAPPED AID PLATED N CONFORMANCE ®' EXCAVATE HOHL TO DOTER IN WIDER THAN WMM THETTRGAL ItImm METALS Ell'NREs SMALL BC ATTACHED TO HE TREE AT A MEOIT 0r F TWO-TtWDS THE HEOIT Or THE WE AND S OO D DE LOCATED AT FONTS 50 AS NOT TO SRD THE ��•t `.F .. _A ROOTBAiL BACK FILL H0. MINING 5 E NTH MINI0L L!A+l�LR1 •1 1 OO M AS��ID ( TONG M.LMTEMFD TR[E�i MOVIDC THREE STALES RR TREE UEL55 NOTED OTERBISG INSTALL ALL RAM MATEOAL ON UD511ATE0 CRAB PROVIDE SLAM WARM MIT A 50% oVOAAP.Glf AD E)IOVE RAM FROM TOP ORE-THIRD 0r THE ROOT BALL. Y BARK MALL AS SMGR W Q ARBORVITAE OR 16K$TEW 5) MOVDE RAHTM RIB AS MILATEO ON MAKING DETALS.BAGIWLL MAKING MrS WITH ORE PART EACH Or TO'SOL FEAT M055 AIM PARENT MATERIAL I WET 50L CONDITIONS MST 11EN ;.•Ib t �'tt I r k !� GAflfA YEW OR RHODODENDRON RANTING ASMALLBE0M f5 S EEDAVATED AN ADOK U'AND PILLED WITH SAND. LW115114m SWGRARE 'qI 4) NEWLY INSTALLED MINT MATERIAL.SMALL RE WARRED AT THE THE OF H5TAILATION.REGUM WATCHING WALL BE PROVIDED TO EN51NE THE ESTA9ISDENT.CNWM AND SINWAL OF ALL OWNSFODIAS TER/.GOPAG7 P4lOblf. RIMS' . Sf HOLY OR AZALEA W ALL CBTUDED LAWN AREAS SNAIL BE STAMM 1ffiH EITHER ADD OR 5RD AS MATED ON THE WDSGAR RAW.SM SHALL CONSOT OF THE IOTLAW LISTED N I E GENERAL SEEDING NgrzS.ALL OLSTfHO LAWN WAS SHALL BE TO SOLOL UEH rERTILM AND rNE WAM Hw10R JR �"`w.u.✓J 5R ORG ER YEW OR G ISTERfO COMPACT VARIETY TO LAWN PbTAN R ATTC SHRUB PLANTING W ALL MINING BEDS SMALL RECAK S OF SHREDDED PER WARN. `l COMPACT ARM AEUYA OR COMPACT"OUT - NOT TO SCALE - 7) ALL 51W010 MASSES STALL E PLANNED IN CONTINUOUS MAGMLD MS. INSTALL TREE ROB ORNAMENTAL ROWEMG TREE TOP or Rommu SMALL EAR VVVVVVIII1111YY✓Yllll SAK RE ATONSF TO nrm GRADE AS TO PRIEWO S,EXISIM BLOWERS OR LW mw TYPE . GRADE ROD,RARE SMALL E EXPOSED, WHY POST MACH SMGAD NOT BC WWMI 4'OF TREE THINK RAGE RILL ON SIESLL REMOVE AND GFNFQAI SEEDING NOTES RENFORCCD RUBBER DOGARD BIAM M M IADLF BALL HOsEO/r D.A. REMOVE ALL 5TNTMCM SOL WURNG U M"HE T 5EEDNG SHALL CONSIST or THE rOLLoum NGTLAE OR APPROVED EOULL- M RIMALS CREATED NOW.NEON N[1TF OPIRLM SQOG DATES ARE BETWEEN MIS.I AD MAT 31 AND AUC15i Ir AND OCTOBER 0 DODLE W OALVATALD WIRE rWW-WFE BASKETS.EIGJ AM ODGAD aaias STERNA STRESS RETIE UOFTS SUED MW GLTS AND TADDLMLS.GEES SCLIE E(fAYATE SIDSOL A5 REOlWEO THE DEVELOPER WALL BE HEMMED TO MAINTAIN AT LEAST ONE EASING cMIOX REDIX I OR BARON TAIL BUECRA55 TO Of REMOVED ArTER OW TO RAGE FOOTBALL TO FROM �STREET T�BETWEEN A PR WIN 0 M T ITHWE All AREA BDON SEEDING RATE.51t PER IINRI SO.M.OR TDOX PER AGRE. ,CAR AT THE G014101 LOT IM5 AT A W'NM 20 MET YORE(fA1T[REO ON SURVEYOR'S ELCVAIDIL RACE ROOOAL THE COMMON LOT tM AID 35 FEET FROM THE FROM COMMON . ....,"�.�.r. RBBOI CVME)-. ' -OREGiLT dl 51OSOL�' _.�BOYTURY MKS AS-SHOWMAN THIS RAH.TO IRE EAIDIT AN EXISTING 2)PERMANENT SCERtr TO RE APR"8T RAIOIG OR 000fG INTO THE SOLS AT A RATE Of UOW .-.. - - .. - '.. „_._MR ACRE.SOM AEA TO E-GOVEFEO_WMM MLACT AS WrATW H NOTE 4.__ INURE IRE 6 NOT P055ALE 70 LEAVE TE71 111E OCVGORR F"NL `-.. _ _ _•-- - S'-O"OWEIER EXCAVATE NICE TO RAWER BE REOLDEO TO RANT A SHARE TREE NOT LESS TMAN 2 Vr CALM y rER11DER fOR THE ESTAOLi1001f OF TEMPORARY AND PfRWEMf YEGETATWE COVER SHALL BEOL WIDER THAN ROOTIULL OM THE SAME AREA rOR LOTS ADJACAH TO A OLL-DE-SAG THIS BAGNLL MOIL WTM FIANIMO. REOAERNT SNAIL BE Prom rat EVERY o11mL GL-0C-SAG LW 0-10-10 APRID AT A RATE OF IN PER LORD SO-M.OR AS DCl[NBQD BY SOL TESTS.LIMESTONE SOL NN AS 58E7ED TO AVOID r1Al SHAOD Or IDES. rOR TEWORARW SEUM SHALL OrARLED AT A RATE OF SUIT PER LODE 50.M.LIMESTONE TOR PERMANENT SUM SMALL BE APPLIED AT A RATE O 13"PER LOW 50.M. J'DARK MAUL AS SP RIED L DSTLFM SNfFAOE 2'[r v S HARDWOOD STARES. B NICE ID01T. J� ilffGUMS TREE PLANING FOR 25' GAL AND ABOVE NOT TO SCALE SETTLERS LANDING I & II SITE DEVELOPMENT PLAN - SUPPLEMENT Rff„-M-4W I'a eae•-xE-aem TYPICAL HOME LANDSCAPE PLAN �+o,n cape engineering, inc. t� CIVIL ENGINEERS BARNSTABLE (HYANNIS), MA V LAND SURVEYORS t199 mein et,Imm umport,me on s DATE: AUG 10. 2005 'DID-Ma ORtTl.owa usr�¢nr Oe s•raaw e ,41 . Lot Lot 11 apt Lot C'•> 8 Lot 9 =- Lot 130 ' t � LOCUS MAP Lot e SCALE 1'=2OOD•t ASSESSORS MAP 273 PARCELS 32,32-001.122-001 THROUGH 122-011 LOWS IS WITHIN FEMA FLOOD ZONE CJ Lot 14 TOTAL SUBDIVISION AREA= 13.361 ACRES �.� •"""`""' Lot T f _ - Lot 18 Lot a Lot I@ y Lot a Lot 17 Q 4 Lot 4 ' Lot 18 ar Lot 3 s Lot 19 Lot 2 a g� Lot 1 Lot 20 s �Y,uo<ear a a V eNkE Lot 49 Lot 21 y A•I£I6YJA. aaazr e Lot 22 a _ Lot 48 j Lot 23 � Y � �� A Lot 4T C 48 J Lot 24 YAa, r7 Lot 2 r nwt selefle Lot 28 S Lot 27 �§ --A� Lot 28 Lot 43 aaeusm,a cuo�a anuar ,r Lot 42 Lot 29 Y. Lot 30 Lot41 � SETTLERS LANDING Lot 3,Lot 40 SITE DEVELOPMENT PLAN YOMlUL a5at% IN Lot 32 BARNSTABLE (HYANNIS), MA Lot 39 PREPARED FOR LIf Lot 39 - ,' SETTLERS LANDING REALTY TRUST DATE: AUG 18, 2005 O scale.I,=Be �4\'w• Lot 37 o w eo ao 120 tso MET ot3 ' ? Lot 36 011 6118-382-4541 laa 908-362-9980 t se down cape engineering, inc. CIVIL ENGINEERS LAND SURVEYORS m main St.parmouthpork me 02675 a 00-01a DERN.OWG 1 SETT `�� rI k' L1omarDNf LANDING D musr r4 0, f �S a ta`t.✓� W 1 / •--��-Or B Sr LA OCiU$ Areo=1G,473i Sq.Ft. Or y� &W 0.24t Acres it S.B.T n$2 4t I I IN W 19 aE Buuer 18 ` y-`• 11 Area=11,093t Sq.F!.- 59• L - A 9 t Or m� 0.25t Acres Area=9,897t Sq.Ft. j,`��` 'ra S8.LS 2190' Or h N0917'14%OF CM 0.23k Acres -- y LOCUS MAP EST or ASSESSORS SCALE 1"=2000't W 20 LUNDBa ' ASSESSORS MAP 273 PARCELS 32, 32-001, 122-001 THROUGH 122-011 ✓a7N R e%GU.WEE N 767B- I• Areo-8,812t Sq.Ft. CYN7N/A J WI LOCUS IS THIN FEMA FLOOD ZONE C - 3 1141g-r / 0.20t or m - TOTAL SUBDIVISION AREA= 7.75t ACRES yyV 1 74a0l' W1/ m _ M Lot 49 �• , " ` Shed ZONING SUMMARY " 767BaB m Area=10.002t Sq.FL 10epg W ZONING DISTRICT: RC-1 ., 0.23 Or vas 'r��1 m - t MIN. LOT SIZE 43,560 S.F. ' r y S15.32'9• ^la Lot 21 - MIN. LOT FRONTAGE 125' 90 W N7 '" q Area-1D,253J:S FL MIN. LOT WIDTH - 29• 4ro1' m' 4 MIN.FRONT SETBACK 30' "7579 Zp.R\ :0 pd 3 a or 1IL r2 o ;,, 0.24t Aces T,1 MIN. SIDE SETBACK 15' �' �`-;? - n ro PERRSOAt DAND N MIN.REAR SETBACK 15• W = 2' '18•E t? v' ,f R PE7ERsa✓, NOTE: A SMALL PORTION OF THE N.E.CORNER OF Lot 48 / m y °' SHIRLEY£ LOCUS EXTENDS INTO A BUSINESS ZONE. ID/ �r Area=10,0261 Sq.Ft: /, e / "74ro5.4j, Or n- oGi liL W ZONING DISTRICT: PI - AHD 0.23t Acras MIN. LOT SIZE 10.000 S.F. l n a13 '3 MIN. LOT FRONTAGE 50-(20'ON RADIUS OF CUL DE SAC) ^' S 6 ' g /• Lot 22 MIN.LOT WIDTH 65' , Q? �°i Is ry 7 ?p E z Area=10,004t Sq.Ft W"/ R1LL/AM R MIN.FRONT SETBACK 15' I078'�N' S''8 0/^ Or ;,V kWI7&fiEm Y E BH/H MIN. SIDE SETBACK 10• 7•BY g /u, 0.23±Acres 1v ir MIN. REAR SETBACK 20' - ; N'•J-� wn y SITE IS LOCATED WITHIN THE Lot 47 0 " ce 20.36' 7g7a3)• GROUNDWATER PROTECTION OVERLAY Area-10,0 Sq.Ft. N e6.43'gg W'1468' W 1 DISTRICT or OWNER 0.23t Acres Lot e23 - m Area=10,006f Sq.FL MORIN,MARTHA M N 7, Or - 1597 FALMOUTH RD- SUITE 4 ?Jp 0.23f Acres CENTERVRlE,MA 02632 IOB•sJ• W n ai APPLICANT ry ` SETTLERS LANDING II REALTY TRUST Lot 46 N72.36�o.W m N S7 r?3?3 W ' ANORE NA 3 f AHN EWS Area=10,001t FL �'^i - Or 3 �c0 20.Spa 5e'E Lot 24 REFERENCES 0.23f Acres / C " N Area-10,005t Sq.Ft. DEED BOOK 12257 PAGE 241 F+/_or, or DEED BOOK 10160 PAGE 229 N>3 'a�w 0.235 Acres 75,PLAN BOOK 554 PAGES 31 &32 43• SUBDIVISION #772 "�.3NOTE: IL i W 3, Lot 45. ABUTTING PROPERTY LINES FROM TOWN OF BARNSTABLE /U W / GIS DATA AND ARE APPROXIMATE.FOR REFERENCE ONLY. O1 Areo=10,OOr Sq.Ft �/-- v/ yn i//ory Lot 25 cAslL s7/ARON A 0.23t Acres "/ 'm /^ Area-10,002t Sq.FL MUNICIPAL WATER IS AVAILABLE / 1O� /- Or iV MUNICIPAL SEWER IS AVAILABLE 7 20 kyb PAC '20.28'�u' 0.231 Acres S IV7BY0 a7.36'S6.0E' ' (T°1D'P.) X' ry 14'U•W 10489, W ry$ 5.22• N -$ n w Lot 26 V ry ro Lot 44 6 ', 4 3 Area=10,000f Sq,FL a Areo=10.045t Sq.Ft. Y °r o Or 0.23f Acres 4/O mamr C ovau Q y 0.23t Acres a m O ">811�0• L. J3a3•S. W "7a09.4,-W - x Lot 27" S„,d' ,�, BARNSTABLE PLANNING BOARD ut,o' Areo=10,0001 Sq.FL DATE: Lot 43 °r • 'g1 0.23i:Aver Areo-10.020t S%Ft. ry' Or 0.23±Acres "72b7'43• 13g 21, W S 7717 CIESLA JDS£PN& FOR REGISTRY USE 3 4y,E � STANLEY - PmT-�-Po N�^20.0p7a3�E Lot 28 - N 7043•W H i 1 �/� F Area=10,004t Sq.FL - APPROVAL OF,7HIs PLAN SUBJECT TO nN or LT7MPUANCE wm 7H£cowwNT TO BE 0.23t Acres ,y RECORDED NLAEIN7H. LANDI COBB Lot 42 / LESTONE NG 7RUST 0 77117' ro Area=10,000!Sq.Ft. 3 t$J 1v I 13g,13' W Or / W, n '•' MA 7375;JEFFREY W& 0.23±Acres n�1 _ 1g W 1 m>n _ ALE7NA D Lot 29 z < M 7,D,- !o a I z Area-10,OD6f Sq.FL 43• 0 1 Or 1, CLERK OF THE TOWN OF I�2a5• W I / 0.23i Acres BARNSTABLE.CERTIFY THAT THE NOTICE OF APPROVAL OF THIS PLAN p 1n WAS RECEIVED AND RECORDED IN THIS OFFICE AND THAT NO NOTICE OF Lot 41 F-/ W N APPEAL WAS RECEIVED DURING THE TWENTY DAYS NEXT FOLLOWING THE ^r ;; g, �; 1- ;. i�7'43•W RECEIPT AND RECORDING OF SAID NOTICE m Area=10•001t Sq.FL Z5 / $ Or 2000.J u +�BRUJIM%J➢NANN£S . D.23f Acres N77T17'g3• s y t Lot 30 '�K IRS zMCOBsaL DATE W ,�..r TOWN CLERK m/q, 20.00' RUSSELL J - EASE ENT S 770436•E PROPODJ N7�7'a3'W Area=f0 �t Sq.Ft o= h "80b4' W 128.88 CONCRETE n 0.23t Acres - BOU ) "BOTJ'Op.W f r •• erg, 9 1' _ na Lot 40 > o - - " - Areo=l0A24t Sq.FL � & $ .. �t 1-.�-�'-- - Or Areo=10,003t Sq.FL MORRISON,SHEILA C/O ' ISS7 Ayes Or. - FOLLY,MARY N SETTLERS N 740.08, ;' 0.23t Ades ,� S LANDING II 14a.08' W h ! . Lot 39 Sa0'13' "a0T3'p6• O6•E 8 20.pp• 1320Y W Areo=10,Or Sq,FL l g z .1, 1 � �srn I ,g rn 19 ��,T O6•E Lot 32 (SUBDIVISION #812) 0.23t Acres 'a I b� W DEFINITIVE PLAN R_1p'�.L=9.20'�$c''1 = 1- a Area-10,003i Sq,Ft. - . R_7Z�.L=13.96, Ie� m " SUBDIVISION OF LAND N 78T6'SY W 1/ a nz .. 0.23±Acres 14268' L=27.59' L-11.2' R=10.D0• n . R=T2.SD L=46.90 / M - �R`72.60' ��/ 0- R=30.00' ry SOD,24' - L£Nf$OfBRA J IN ra Lot 38 EASGAGIT /\ y4 L=27.59• L=16.38' 125,74' W 1 m Area=10,069t Sq.Ft. / °yPROPO � - Or L n~ CONC E �\`R=01R1A51TA-93.0 BARNSTABLE (HYANNIS), MA 0.23t Acres S 75.37�20,pp,/-+ SOUND 1 EN011"VT E (TTPJ e, J N 86'23'28'W L.-1 Lot 33 PREPARED FOR u2.76 1 SETTLERS LANDING II REALTY. TRUST 20.0or Area=10,074t'Sq.FL Lot 37 I'2 N 86'S4'09'W 0.23t Acres Area-10,037t Sq.Ft. v t��BJ- b9a 06 aTFENDERFE7L SILTIA M - . Or BB 50 R�2.60 p DATE: AUGUST 18, 2005 iq 0.23t Acres Lg39.18 Scale:1e-40' W 64�909• 0 20 40 _60 90 100 FEET - 19 4 Lot 368? Lot 34 Area=10 OOr S.FL �' Lot 35 N- Area=10,140t Sq.Ft. I CERTIFY THAT THIS PLAN WAS MADE 1N off 508-362-4541 ' q _ + �s Or ACCORDANCE WITH REGISTRY OF DEEDS , ,. fax 509-J82-sB80 Or 0.23t Acres Areo-10,D,O±Sq.Ft. �e�L 0.23t Acres REGULATIONS EFFECTIVE JANUARY 1, v - Or 1976.AND AS AMENDED JANUARY 7, 134 83, 0.23t Acres - - £ m 1988. down cape engineering, inc. ' n ° mar CIVIL ENGINEERS s�ss45�"E Af14 LAND SURVEYORS 138.27• a u 99 LA WOVE;USA J = 9 <1m e3ae U 999 mein St. armouth ort,ma 02675 COBBLESTONE LAND/NC/l 7RU5T 56•79' fC//1Yc6 ': y P $ CB Found -DATE 'e ALA,P.LS.,P.E. . - 00-016 OEFIN.DWG o CB Found Q Q OCUS / • HEAR of N KETM&LP a ce SP N BO• LARHEAO,JOIN Found 114.99' 43':77•W aw,:se C$NARION J p gg c1 Lot II II J2,.65• LS®3 U0 iJ`a99' _ Area=9,B52t Sq.FL 70.6T Area=1D,118t Sq.FL 0r _ LOCUS MAP 0.23t Acres 0.231:Acres p A SCALE 1•-2000't SJJ z?- . "S+Z• L5®�S 9� ASSESSORS MAP 273 PARCELS 32,32-001,122-001 THROUGH 122-011 Rzb'ee JrOg, Z'Ir Area=1D,t Sq.FL N R=ll.Se JS7 w 00 Or LOCUS IS WITHIN FEMA FLOOD ZONE C 'T \ r )) %o p p 0.23t Acres m TOTAL SUBDIVISION AREA= 13.36t ACRES ISMS ,� Y,•l�JgLb2Sz• ZONING SUMMARY Area=10,074t J Sq.FL >m ,f' E=11'Zg �. " w afs NOS-4701"'N .26 L�Oq, •tom+r• 0.23t Acres \6.95' 7,•'3 SS �jR=7l.Se f ZONING DISTRICT: RC-1 L=6'66 Shed NMIN.LOT SIZE 43,560 S.F. .LOT FRONTAGE 125' J� MIN.LOT WIDTH - PRNNACE EBD LSot q u8 ROCKBECI, MIN.FRONT SETBACK 30' EASEMEM Area-10,009t Sq.Ft.. MARINA J MIN. SIDE SETBACK 15, v R`67'So�s'pp Or MIN.REAR SETBACK 15' h L=4R.84 I S SB 0.23t Acres n NOTE: A SMALL PORTION OF THE N.E. CORNER OF Lot Q It o• /'z0�?o" LOCUS EXTENDS INTO A BUSINESS ZONE. Area-10,126t Sq.FL T i; R=Ja00' / L=29.15 Shed _ ZONING DISTRICT: PI - AHD 0.2JA cres E=Sl'96 +�� L-27.69' Lp2 -`R=l2srt MIN.LOT SIZE 10,000 S.F. �'y� L=2749 Py a • py L=24.66' MIN.LOT FRONTAGE SO-(20'ON RADIUS OF CUL DE SAC) �' "f PROPOSED MIN.LOT MOTH 65' R=IY-Su h �, J L=1B.Sg MIN.FRONT SETBACK 15' - CONCRETE) 1 1 MIN. SIDE SETBACK to' R=1OAu MIN.REAR SETBACK 20' u p®A 57 (TYp,) n Ins L=9.16' LS 1t Ir Lot 94 MALEY,MARL YN J ORASNAGE 'V�\�' Area=10,002t Sq.Ft. � EASEMENT � ` z � Or u 20.00' Area=10,013t .FL SITE IS LOCATED WITHIN THE Sq GROUNDWATER PROTECTION OVERLAY 0.23t Acres k' h 199�0.42'OB'E 0r DISTRICT 0.23t Acres OWNER MORI1597 LMOUTHMARTHA M Lot Lot 95 1597 FALMOUIH RD-SUITE 4 1S 8 m LS CENTERVILLE. MA 02632 a Area-9,999t Sq.Ft. Area-9,5109t Sq.Ft.' MORIN,JACQUES h or 0.22t Acres 1597 FALMOUTH RD STE 4 0.23t Acres �+ CENTERVILLE, MA 02632 R' BENNErT, MEND YB 1 Shed APPLICANT m nd a Lot �Ir� W SETTLERS LANDING REALTY TRUST pp- AA 1122 - Lot 9 k BAYBERRY PLACE RE37OS ASSOC o L4®Y Pl Arr 9.203t Sq.Ft. Area=10,489t Sq.FL Or m - 0.21t Aces N REFERENCES Or o 0.24t Aces a 0.1CF DEED BOOK 10160 PACE 229 S PLAN BOOK 554 PAGES 31 &32 1 obi SUBDIVISION #772 ry NOTE. N c NErwARD,AL AN 0 Lot CI57 &ROXANNE n ABUTTING PROPERTY LINES FROM TOWN OF BARNSTABLE �S 7 IS 1S OU CIS DATA AND ARE APPROXIMATE.FOR REFERENCE ONLY. SB Found Lot 4 � Areo=8,725t Sq.FL 9 Or (V\h h Cewln Area=10,3191 Sq.FL 0.20t Aces o MUNICIPAL WATER IS AVAILABLE ' Or MUNICIPAL SEWER IS AVAILABLE ) ,$ 0.24t Acres a nt Lot q U� Shed 3oOha PArea=11,6007t Sq.FL w, a $ 0.27t Acres m o Lot I �, ti�t HAN&C47HERINE A m Areo=9,744t Sq.Ft. Or o �W°R.,M_))_35.53"W .,,N 77jS• v 0.22t Acres a 1�.e1 x nu ,EASEMENT I PROPOSED S�"h' If �� 90,84. I COBBLESTONE LANDING 0 IR(/ST CONCRETE 99 Lot ��11 BOUND °J IS®B LS NI (IYP.) O9' 1-Ag')` $!o� > n xn ,N o 0 m Area-10,473t Sq.Ft. /B:>` N)). �S2, p FOR REGISTRY USE Or �$ $ SJJy; ''--35'_53 _ 0.24t Acres a g gJJ 56.90' d_„ S.B.r e 2 o; ti � rJ• PP12JJ♦ 1 EASEMENT N�� W $ Lot 99 .4p. 'N 3 l; Area=11,093t Sq.Ft.1, - Lot 9 Or o y •`�' 0.253 Acres '�•� ej Area-9,8971 Sq.Ft. 2 S.B.IS 23.90' Or h� NO91Y14'E OF COR. - 0.23t Aces o y Lot of 20 LUNOBORN,EST OF JOHN R c%GUME& Area-8,812t Sq.FL CYN7H1A J 3 Or 0.2Ot Acres Shed h PARCEL [03 Area-7.75t Acres SETTLERS LANDING 1 I } CV r• N ' COMPREHENSIVE 3 PERMIT PLAN IN PLAN INDEX y BARNSTABLE (HYANNIS). MA SCALE 1"=400' PREPARED FOR S 79:TI:Yr"E J�Bg' SETTLERS LANDING REALTY TRUST BARNSTABLE PLANNING BOARD DATE: AUGUST 18, 2005 DAIS � Scats 1'.40' I, CLERK OF THE TOWN OF BARNSTABLE,CERTIFY THAT THE NOTICE OF APPROVAL OF THIS PLAN 0 m +a 60 e0 100 FEET WAS RECEIVED AND RECORDED IN THIS OFFICE AND THAT NO NOTICE OF APPEAL WAS RECEIVED DURING THE TWENTY DAYS NEXT FOLLOWING THE RECEIPT AND RECORDING OF SAID NOTICE. I CERTIFY THAT THIS PLAN WAS MADE IN oR 508-362-4541 ACCORDANCE WITH.REGISTRY OF DEEDS ft.5DB-362-9BB0 REGULATIONS EFFECTIVE JANUARY 1, 1976. AND AS AMENDED JANUARY 7, APPROVAL OF MIS PLAN SUBJECT TO DATE TOWN CLERK 1988• down cape engineering, inc. L'OMPUANLE 11T7H 7HE COVENANT ICJ BE _ RECORDED HERER97H. - �xoFy� CIVIL ENGINEERS ARNE LAND SURVEYORS 939 mein St.yarmouthport,ma 02675 .� s - t 00-010 DERN.DWO