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Home My WebLink About9999 FALMOUTH ROAD/RTE 28 9 � � � , a �� B Town of Barnstable Zoning Board of Appeals Office ; E Growth Management Department 200 Main Street, Hyannis,MA 02601 Patty Daley, Interim Directorfat�r� Memorandum Date: August 4, 2008 To: Tom Perry, Building Commissioner Building Division 200 Main Street Hy kM 02601 From: Art Tra zyk, Prin ipal Planner File—ZBA—Correspondence—2008—M-072908 Agency Review Request Cotuit Equitable Modification.doc Reference: Cotuit Equitable Housing, LLC, - Request for a Proposed Modification of Comprehensive Permit No. 2005-082 — "Cotuit Mead ows�9999-Falmoiat R ad f(Route28),Cotuit A Attached you will find information submitted to the Zoning Board of Appeals Office relating to a proposed modification of Comprehensive Permit No. 2005-082 issued to Cotuit Equitable Housing, LLC., for property located at 9999 Falmouth Road (Route 28), Cotuit, MA. The request seeks: • An additional 4-year extension of a timeframe for completion of design and permitting signalization at Route 28 and Noisy Hole Road. • Proposed changes in the phasing schedule. Initially, Phase 1 was to consist of that change was to allow 18 market rate units to be developed, occupancy permits issued, and then, prior to the issuance of the 19th market rate building permit, 6 affordable units to be developed to occupancy. That proposed change has been modified, as communicated to staff, to provide for the first 52 units (Phase 1) that for every 6 building and occupancy permits issued, 1 shall be for an affordable unit and 5 shall be for the market rate units. • And, proposed changes in the design of the affordable units and location of those units. The comprehensive permit process designates the Zoning Board of Appeals as the local permitting agency. In that`role, the Board is requesting your agency's review of the materials submitted and would appreciate knowing any of your concerns with respect to the proposed modifications. The request was initially submitted to the Board as a minor modification on June 24, 2008, via a letter from Attorney John W. Kenney. A subsequent letter dated July 9, 2008 withdraws that minor modification and requested that it be handled as a major modification requiring a public hearing. July 29,2008,Memorandum on for Modification of Comprehensive Permit No.2005-082 That public hearing has been noticed for August 6, 2008. However, given the Board's complement at this time it is anticipated that the hearing will not go forward and the only action will be to move the public hearing to the September 10, 2008, regularly scheduled meeting. If you could provide this office with any comments for the Board by September 1, 2008 it would be greatly appreciated. Should you need any additional information, please feel free to contact Art . Traczyk, Principal Planner or Carol Puckett, Administrative Assistant at 508-862-4785. Thank you for your participation and assistance. cc: Attached List Attach: June 24,2008, letter from Attorney Kenney with attachments submitted June 27,2008,Staff Memorandum to Board with affordable unit plans attached July 9,2008, letter from Attorney Kenney Copy of Applicable Comprehensive Permit.Conditions 2 f July 26,2008,Memorandum on for Modification of Comprehensive Permit No.2005-082 Janet Joakim — President, Town Council Town of Barnstable 367 Main Street - Hyannis, MA 02601 John C. Klimm, Town Manager Town of Barnstable 367 Main Street Hyannis, MA 02601 Ruth Weil, Town Attorney Town of Barnstable 367 Main Street Hyannis, MA 02601 Chair, Barnstable Housing Committee Growth Management Department 367 Main Street Hyannis, MA 02601 Sandra Perry, Executive Director Barnstable Housing Authority 146 South Street Hyannis, MA 02601 Marlene Weir, Chairwoman Barnstable Planning Board 200 Main Street Hyannis, MA 02601 Tom Perry, Building Commissioner Building Division 200 Main Street Hyannis, MA 02601 Paul Niedzwiecki, Executive Director A Cape Cod Commission 3225 Main Street P.O. Box 226. Barnstable, MA 02630 F. Thomas Fudala, Town Planner Town-of Mashpee Planning Department 16 Great Neck Road North Mashpee, MA 02649 3 July 29,2008,Memorandum on for Modification of Comprehensive Permit No.2005-082 Special Projects Coordinator Growth Management Department 367 Main Street Hyannis, MA 02601 4 JOHN W. I ENNEY ,,_4 , ATTORNEY AT LAW 0 A R'N; {;.a,.„s_F - .r na 1550 FALMOUTH ROAD ` - CENTERVILLE, MASSACHUSETTS 02632 2 i TELEPHONE 771-9300 •08 JUN 25 1"�}2kA4 I`i0.775-6029 AREA CODE 508 e-mail:John@Jwkesq.Gom June 24, 2008 HAND DELIVERED Gail Nightingale, Chairman Zoning Board of Appeals 200 Main Street Hyannis, Massachusetts 02601 Re: Cotuit Equitable Housing, LLC. Dear Madam Chairman and Members of the Zoning Board of Appeals: I am writing to request that Cotuit Equitable Housing, LLC be placed on your agenda for your meeting on July 9, 2008 to discuss a Minor Modification to the Comprehensive Permit granted in Appeal Number 2005-082. The minor modification to be discussed concerns the following: - 1. Conditions 12 and 13 of the Comprehensive Permit required Cotuit Equitable Housing to design and seek Mass Highway permits to signalize the intersection of Route 28 and Noisy Hole Road within one year of the grant of the permit. This condition was modified by Minor Modification No. 1, which extended the timeframe to complete this task to two years from the grant of the permit. Applicant is requesting an extension of the time to complete this-task for an additional four years (the anticipated completion of Phase I of Building). 2. Conditions 31, 37, 39, and 41 deal with the phasing of the construction of homes and with submission of the Homeowner's Association documents to the Town of Barnstable. Applicant is seeking to modify these conditions, and any other conditions set forth in the Comprehensive Permit, to allow Applicant to construct eighteen (18) market rate homes prior to constructing an affordable home. Before a nineteenth (19th) Certificate of Occupancy for a market rate home could be issued by the Building Inspector, Applicant would be required to construct and obtain Certificates of Occupancy for six (6) affordable homes. The Applicant is requesting that submission and approval of the Homeowner's Association documents be extended to prior to the issuance of any Certificate of Occupancy for any individual home (excluding the model home). i 3. Condition 20 addresses the styles and joc;atiun of affordable units throughout the subdivision. Applicant is requesting a modification to this condition to change both the style of affordable houses to be built and their location in Phase I of the building process. Phase I contains a total of fifty-two (52) lots. Thirteen of these lots are to be designated as affordable home lots. Applicant seeks to designate the following lots as affordable lots: 24,26,29,36,37,43,49,50,54,55, 57, 59, and 61. Attached for your review in connection with this request is a site map of the subdivision showing Phases I and II; plans for an Affordable cape style home; and plans for an Affordable colonial style home. Thank you for your consideration of these matters. I look forward to discussing them with the Zoning Board at your meeting on July 9, 2008. Very truly yours, Cotuit Equitable Housing, LLC By its Attorney /_ / n W. Kenney, Es . JWK/bp �k �fA l� i� �k W!• ��"'�..t�r� �"�x °¢yt;F��g ppptii�i1lly �.:3_ a•�.i-;n�4 �-"'",�:�- r, a n .'"ems��,2,�.�,.e�i'''n�,•- N'' �,.� i �i EST 1981 ps�' {4. I , 28 27 J. 13,849SF 10,635SF 26 Conservation 0 //(� C T 9.002 SF 25 `� Area 0 PHASE 1 1 29SF 8,827SF 624,824 E �•` I :� 30 10,039 SF 57 58 r COTUIT 31 10,421 SF 12,195 SF 9.939 SF 56 74 P "� 32 8.803 SF 59 14,488 SF \ HEgSgbr f/� - Conservation 9,9865E `�� rJr, sss7sF �•.,,, ,`" <<C�RCt f MEADOWS 33 0��` e,880 SF. 60 73 Area 9,813 SF� ) 54 9,404 SF J� 9,832 SF �� BARN 5 A B L E 34 8.849 SF 61 P 72 9,735 SF PgP cJ3 9,323 SF Q��' 9.799 SF — - Q�`` 6ansF 0. 35 62 05 71 / m Barnstable Bea hes&Golf 9,357 SF 52 10,129 SF 9.604 SF 8,712 SF 9,697 36 0 F / E� Mashpee Commons Shopping 10,248 SFrJ1 63 :....._ ' ' I 9,575 SF 9,796 SF 69 } 123s SF 9,924 SF u if I 12 Acres of Oren Space 10,r1Y1OSF s 606 4 F - - ,� ...` Four Acre Par 65, 10.033 SF I k wnsle wmt,mgm. 49 9,852SF sA l 0 Sidewalks wid Street Lighting 10,237SF 67 _.._ 48 t2,344 SF \\ C BROOK LANE / % Energy Saving Construction 11,159SF 38 1o66,459 SF 13,77866 SF 47 117 /\\ \ f- M Easy Living flc or plans 14,326 SF 12,076 SF �\ . } 39 � 1 14,042 SF - '--5/ ..\ .. V- 46 OSp��V ORw 13.178 SF \ /0,F�i 40 14,505 SF 1245,172 5F q2�\. .. -. �\vim/ / o CO 1 V 1 MEAD 41 44 Q�``P�.` y U 12,217SF Z� 14,376SF i nARNsr�u e 42 RTE 151 11,657 SF - TO HYANNIS Y �O� 43 / MASHPEE ROTARY i� PARK \ COMMONS RTE 28•Falm uth Road 90 12,000 SF Shellback Place lF New BtBeaches z • .� toF Se buryA. Nantucket Sot nd ROUTE 28 - FALMOUTH ROAD 3 BEDROOM, 1 2 BATH CAPE 1476 SF ATTACHED 1-CAR GARAGE r'z i OPTIONAL DOOR - ®® �� 0 112 BATH BREAKFAST AREA KITCHEN } 1 CAR GARAGE 11.0 X 25'0 (2 CAR OPTIONAL) I I I l LIVING ROOM DINING ROOM I 11'0 x 14'6 1110 x 14'6 s F 1 I a I I FIRST FLOOR PLAN I y 0 BATH tl ti BEDROOM#2 y 1116 X 10'0 MASTER 3 BEDROOM ITOX15'6t BEDROOM#3 1116 X 8'0+ I 1 L---------------------------------� SECOND FLOOR PLAN I, 3 BEDROOM, 1 z BATH COLONIAL Iil � li �l , _ 1560 SP ATTACHED !-CAR GARAGE ,il I I i i I I iI'I III` !IIf! i '� III I .................. Ell UP, ------ qn� LIVING ROOM 25'0 X 14'4 -- ® j 1-CAR GARAGE s KITCHEN 12'4 X 10'6 n Co v �P z l u BEDROOM 3 u 11'9 X 10'6 BEDROOM 2 { n 10'6 X 142 I DINING ROOM n 12'4 X 11'0 q FOYER POWDE i BATH z� m ® O § II t- II W II 0 II J FIRST FLOOR PLAN " " € ? MASTER I II Y BEDROOM II Q 20'X1V0 Ul SECOND FLOOR PLAN Town of Barnstable Zoning Board of Appeals .b .� Massachusetts 02601 ED MP'� Growth Management Department 367 Main Street, Hyannis, MA 02601 Gail Nightingale-Chairman Patty Daley— Interim Director Phone: 508-8624785 Fax: 508-862-4784 MEMO June 27, 2008 Dear Board Members, I have composed the attached maps as a visual aide to clarify what was original and what is proposed: o The "Original Proposal" map was composed from a map that was originally submitted. showing each phase and the affordable lots assigned at that point (affordables (31) are highlighted with a red dot) o "Original Phase 1 with Affordables 00)" map is showing the original phase 1 with the ten (10) affordable lots for clarity o "Proposed Phase 1 with Affordables (13)" shows how the original phase has expanded and the change in the affordable lots in this phase which is now thirteen (13). Respectfully, Carol Puckett— Administrative Assistant „- I IGLEL. ,M MASHPEE ASSESSORS MAP 046 PARCEL 063' Phase — rt - - N/F TOWN OF MASHPEE MPEE ASSES Phase 2 — Q -:n .y-- i MASS t� ° � � � , N/F I Phase 3 — '°�` by` Affordables — 1�>Q \ Tn d fCil1C „ 9 1 "`.�1•l p IYZ�C� .s+,. ,F MASHPEE ASSESSORS MAP 046 PARCEL 063 �N/F TOWN.OF MASHPEE � as , - _ '�-. `9w- �'r �.y Q tccn3 "^sl iiu:.ss � _ ¢�' E�m .� �\ � mire' ' ��""x” j��-.'�� ' '^""•�F� GENERAL P I.)LOCUS AREA. '^ DEED ASSESSOR'S oW+�rt:� u COTUJI m!-I P.O. 9 m3 G m APPIIN ( a P � _ ET S i N SHEET SV-5 ', > "�r ��±4. 'c�»�4 "` P. A..SWtCH THE PROPERTY SHOW HEREON PERFORMED. A OTHER INFDW' RE LOCUS M `�,� O AN ONFROM W� LAREEFFO BOUNDA R RETE7 PUIN PIAN WOK 2-1\ ¢R '� 1 ► .-.:b- �`�Q / ;, PLAN WOK�. 1:.'t. M>L144 7•+. PUN BOOK PLAN WW(39 EMU,MASHPEE ASSESSORS MAP- Pz pF PUN W01(� t� IOL4S LOLL! g 1 ,yam i��, �,.�' _� ..U� L C.PLAN 34E 054 PARCEL 021 O�..cdP a #n° 1�1 �"i, -,j" 1926 W HOM N/F SEA OAKS V�" z�' �'� L 1QI-11t�, @y _ / f979 W NO*. MULTIPLE OWNERS C I I �"`.� , F : (, NAN OF LAND 1 1 , /� \ DATED JAMMX( C�El 1.1 ) •. %, �+' 1.) TCOMMUNITY P, HE HOOD P OERLBEIEB LOT 7 r.PLAN BOOK 359 PAGE 64 ARFA OF MINI S ET 3 V-. - _ s.) DATUME�Sufi DEED BOOK 1 t8 PAGE 787 M-28RGI&B RCONE TRUST,SHEET SV-6 �: ® F-- y N/F JOSEPH A. MA T, ET AL g :� • '�, � 6.) LOCUS WITHIN i f� s`�°+.""'-fit � '" �Ei• COTUR FIRE 0 SHEET IND MASHPEE ASSESSORS MAP 054 PARCEL 003 •�� xa'.1 i' SV—f N/F SHELLBACK PLACE •. �'''� MULTIPLE OWNERS. SV-2 -•;�1 ' .LOT 6- PLAN BOOK 359 PAGE.64 SV-3 -•�\ - BARNSTABLE ASSESSORS MAP 002-005 5--5 RED P. - - DEED BOOK'3,583 PACE b SY 6 N/F F PEGNATO SV_7 -Original o2B- F - ----'-" Proposal -- SHEETSV-7 SHEET SV-2 i t i MASHPEE ASSESSORS MAP 046 PARCEL 063 I N/F TOWN OF MASHPEE •�, •�� is Tr � `k I MASHPEE ASSESSORS MAP 047 PARCEL Oe Uar-m ( - �• ['1 i N/F MULTIPLE OWNERS umm C r.�^��+� �'�.'1.;-g�(`�.T .!��? � �r7 14L}1! _•�B�•r� IQL12 MASHPEE ASSESSORS MAP 046 PARCEL 063 N/F TOWN OF MASHPEE - CIAL� r ��, - • - rt� ��B' im..m tx* --s — - # as IOLbl COME AM?m z r Paz � Y a h` SHEET SV-5 3 9LL71 .10 L 197=691.-.4.� '4.� �.�.: �'� .'�' s,� ICLY2 I&T-M UN 108 •�q �� 19LSC Jj 1 min MASHPEE ASSESSORS MAP �t'-�-1��-•T � run_a - O 054 PARCEL 021 - O9 �� • - 1BL39C 14l-a N/F SEA OAKS 9 \ 14Y1m MULTIPLE OWNERS IG7JF& ' i AcmZ �Op" �, LOT 7- PAIN BOOK 359 PAGE 64 _ c 01I r,�r j S E T 3 �`` \` ,�' 'y DEED BOOK 15,218 PAGE 187 SHEET SV-6 ; F '' ( $VI ns lwar.-d N/F JOSEPH A. MARCONE TRUST, ET AL G' O [70L4C� 1Or 4 IQLa . MASHPEE ASSESSORS MAP �J 054 PARCEL 003 •;�•- �y �' N/F SHELLB4CK PLACE - MULTIPLE OWNERS O Gf i' LOT 6- PLAN BOOK 359 PAGE 64 4! BARNSTABLE ASSESSORS MAP 002-005 CV 4P�i DEED BOOK 3.583 PAGE 5 Proposed Phase 1 �� ; N/F FRED P. PEGNATO with Affordables c�l_Ir_r.r c1i n ------ -- f f Soe. ��v1 1a*4 @z.4 p. mite JOHN W. KENNEY ATTORNEY AT LAW 12 CENTER PLACE 1550 FALMOUTH ROAD CENTERVILLE, MASSACHUSETTS 02632 TELEPHONE 771-9300 FAX NO. 775-6029 AREA CODE 508 e-mail:john@jwkesq.com July 9, 2008 VIA E-MAIL AND HAND DELIVERED Gail Nightingale, Chairman Zoning Board of Appeals 200 Main Street Hyannis, Massachusetts 02601 Re: Cotuit Equitable Housing, LLC Dear Madam Chairman and Members of the Zoning Board of Appeals: After discussion with staff, it is my understanding that the Town Attorney's office is of the opinion that the request for Minor Modification to the Comprehensive Permit granted in Appeal Number 2005-082 set forth in my letter to you dated June 24, 2008 (see copy attached), is in fact a Major Modification which requires a public hearing. Therefore I hereby request that I be allowed to withdraw my request for Minor Modification as set forth in my letter of June 24, 2008. If the Board grants my request for withdrawal of the Minor Modification, I request that the modifications outlined in my letter to you dated June 24, 2008 be accepted as application for a Major Modification to Comprehensive Permit Number 2005-082. I request that the public hearing on the request for Major Modification be placed on your hearing agenda for the night of August 6, 2008. Thank you for your consideration of these matters. Very ruly yours, l�J A-1- oh W. Kenney, sq. JWK/bp Copy of Applicable Comprehensive Permit Conditions Cotuit Equitable , — "Cotait Meadows", Modification of Comprehensive Permit No. 2005-082 Request of June 24, 2008 Comprehensive Permit 2005-082 was originally issued on May 2, 2006. It was _ subsequently modified June 20, 2007. That modification allowed for 4 model units to be constructed and the extension of the time frame for the design and permitting of a signalized Route 28 and Noisy Hole Road intersection. The applicant has initiated the development and marketing of the units. The June 24, 2008 modification cites the following conditions being the subject of the requested modification Original Condition #12: 12. The Applicant at his expense, shall be required to design and seek Mass Highway permits to: • construct a left-turning lane on Route 28 for traffic moving easterly and turning into Noisy Hole Road, • signalize the intersection of Route 28 and Noisy Hole Road/Simon's Road and • install overhead street lighting at that intersection. The applicant shall not be required to expend in excess of$150,000 in the aggregate to design, permit, and construct the above referenced traffic mitigation with the exception of overhead street lighting. Phasing of this project shall be in accordance with Mass Highway requirements and standards. Modified Condition #13: 13. The design plan for the signalized intersection and turning lane shall be completed by the applicant within two years of the grant of this permit and all necessary Mass Highway permits sought within that time period. The applicant shall work cooperatively and in good faith with both the Towns of Barnstable and Mashpee and with Mass Highway to design the intersection and secure all necessary permits. Original Conditions#31: 31. Prior to the issuance of any Building Permits for any individual home, the applicant must have the following documents recorded at the Barnstable County Registry of Deeds and evidence of the recording submitted to the Zoning Board's file: • A copy of this comprehensive permit, signed by the Chairman and the Town Clerk. • The signed and approved subdivision plan consistent with this decision. • The executed Regulatory Agreement and Monitoring Agreement • The Homeowners Association documents, rules and regulations as approved by the Town Attorney's Office. 1 Original Conditions#37: 37. With respect to Article XI of the Zoning Ordinance, Growth Management, the Board grants the applicant's request for an assured phasing plan of 93 market rate and 31affordable rate building permits over a five year period. The Phasing Plan for the market rate permits shall be 10 permits in 2006, then 21 permits for each of the years; 2007, 2008, and 2009, and 20 permits in 2010. If any permit is unused during any one calendar year it shall be credited to the applicant and added to those for the next calendar year. With regard to the 31 affordable permits, they shall be phased with the market permits in that for every four building permits issued, one must be for an affordable. Original Conditions#39: 39. All building permits shall issue accordingly: • For every four (4) permits issued, one (1) shall be for an affordable unit and three (3) shall be for the 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. Original Conditions#41: 41. The Homeowners Association documents, rules, and regulations shall be drafted by the Applicant, submitted to the Town Attorney's Office and Zoning Board of Appeals Office for review and approval prior to any application for a building permit. The documents, as approved by the Town Attorney's Office, must be recorded at the Barnstable Registry of Deeds, and a recorded copy submitted to the Zoning Board's file prior to issuance of any building permits. Original Condition #20: 20. Thirteen (13) 'Wharf' style, 12 'Dunes' style and 6 'Oxford' style are to be dedicated as the affordable dwellings. All affordable dwellings shall be three-bedroom units with full basements and an attached one-car garage. In addition to the garage, the applicant shall include one outdoor parking space 20-feet by 10-feet on each residential lot, which may be located within the driveway to the garage. The affordable units, scattered within the subdivision, are to be located on Lot Numbers 4, 7, 9, 16, 20; 24, 29, 34, 49, 54, 56, 60, 62, 66, 68, 70, 80, 81, 82, 84, 86, 96, 97, 98, 102, 104, 108, 110, 115, 119, and 124. a 2 �( �Q Su L` >E?k 2)t1Ct5q F-si1 a =3Z 73 BARNSTABLE WN C1 FRK Town of Barnstable Zoning Board of Appeals M.G L., Chapter 40B Comprehensive Permit Decision and Notice Appeal 2005-082- Cotuit Equitable Housing ; Summary: Granted with Conditions Applicant: Cotuit Equitable Housing,LLC Property Address: 9999 Falmouth Road(Route 28),Cotuit,MA i Assessor's Map/Parcel: Map 002,Parcel Od2 Zoning: Residence F Zoning District Groundwater Overlay: Aquifer&Groundwater Protection Overlay District Permit Granted: Authorized the subdivision division of a 50.44 acres site and the development of 124 single-family dwellings and accessory improvement including wastewater treatment facilities,recreation,open space and drainage retention areas. Thirty-one dwellings (251/o)are to be dedicated in perpetuity as affordable units marketed to qualified low and moderate-income households. Background Information: i The Applicant: The Applicant is Cotuit Equitable Housing,LLC,Brian T.Dacey,Manager. Cotuit Equitable Housing, LLC.is a domestic limited liability company organized in Massachusetts on October 18,2004. The address of the company is 1645 Falmouth Road,P.O.Box 95,Centerville,MA 02632, Section 2.8 of the Operating Agreement for Cotuit Equitable Housing LLC recites that the company"is formed for the 's purposes of qualifying as a limited dividend organization as defined in the Code of Massachusetts Regulations(CMR)at Chapter 760,Section 30.02,and under Massachusetts General Laws(MGL) Chapter 40B.Section 20-23,and as that term is used by the Commonwealth of Massachusetts Housing , Appeals Committee. I Applicant's Request: On September 06,2005,Attorney John W.Kenney,representing,the Applicant,submitted an application with supporting materials to the Zoning Board of Appeals Office for the issuance of a Comprehensive 1 Permit pursuant to MGL Chapter 40B Section 20-23 to construct 128 detached single-family dwellings on a 50.44-acre site located off Falmouth Road(Route 28)in Cotuit,MA and at Noisy Hole Road in _Mashpee,MA., Jn that plan,the applicant proposed a grid subdivision of the site and access off Route 28 directly. The subdivision was to be serviced by public water supply and a private on-site wastewater treatment facility. Accessory areas included open space,recreation,and on-site storm water retention areas.: { V. 4o2006 11:54AM ATTY JOHN KENNEY NO.983 P.3 Appeal 2005-082-Cotuit Equitable Housing,LLC ' Comprehensive Permit-MGL,Chaptor 40B The residential lots ranged from 8,530 to 21,990 sq,ft. The average lot size was 10,815 sq.ft. The housing lots totaled 31.78 acres (63%)of the site. Road right-of ways occupied approximately 11.26 acres (22%)of the site. The wastewater treatment lot, 5 open space, recreation, leaching and drainage lots, and 2 future roadways totaled 6,94 acres (14%) of the site. The application proposes the affordable housing development is to be funded through the Housing Starts Program of Massachusetts Housing Finance Agency and/or the New England Fund Program of the Federal Home Loan Bank of Boston. The Locus: The development is to be located on a vacant parcel of 50.44-acres situated within the Town of Barnstable at the town boundaries with Mashpee. The property is bounded southerly by Falmouth Road(Route 28), westerly by Noisy Hole Road, northerly by land owned by the Town of Mashpee and easterly by"ancient ways"referred to as Naomi Road and Amos Road. The parcel is shown on Assessor's Map 002 as parcel 002 and is owned by Mary E. Zocchi,Trustee of the Andy Realty Trust. The Applicant has a signed Purchase and Sales Agreement with the owner for the property. The locus is zoned Residence F and is within the Resource Protection Overlay District. The minimum lot area requirement under zoning is 2 acres, Most of the property is located within Groundwater Protection Overlay Districts. However, a small triangular area of the site is outside of the groundwater protection area. It is within this area that the Applicant has sited the leach fields for the wastewater treatment plant. Procedural History: Summary: A Project Eligibility Application for the proposed Chapter 40B was submitted to MassHousing in February of 2005. On March 21,2005, Town Manager John C. Klimm responded to the Eligibility Application commenting on several issues and expressing concerns for wastewater disposal in proximity to Zone II recharge areas to pubic supply wells and within the SlloestringlPopponesset Bay drainage area, assuring affordability in perpetuity, site access and the overall subdivision layout. On July 25,2005, Mass Housing issued a Site Approval Letter pursuant to MGL Chapter 40B and in accordance with 760 CMR Section 30 and 31. The letter identified two funding sources and requested the Applicant address the local concerns to the satisfaction of the Zoning Board of Appeals. On September 06,2005, a Comprehensive Permit Application was submitted to the,Oftice of the Zoning Board of Appeals. On September 12, 2005,copies of the application were transmitted to various agencies, boards, commissions and to the neighboring Town of Mashpee and the Mashpee Water District for review and comment. Public notice of the comprehensive permit hearing was published in the Barnstable Patriot on September 09, 2005 and again on September 13,2005. Notices were also sent to abutters in accordance with ivIGL Chapter 40A, Section 11. The public hoaxing was opened on September 28,2005,and continued to November 16, 2005,November 30, 2005,February 15, 2006,March 22,2006, March 29,2006 and t6 April 05,2006,at which time the Board granted the comprehensive permit with conditions. Board MPY. 4.2006 11:55AM ATTY JOHN YENNEY NO.983 P.4 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Parmii-MGL,Chapter 40B members hearing this permit were Gail C. Nightingale, Ron S. .lansson, Randolph Childs, James R. Hatfield, and Acting Chairman,Daniel M. Creedon. ` At the conclusion of the November 30,2005,hearing,the Applicant and Board agreed to enter into negotiations to further define and resolve issues and refine the proposal. Negotiation sessions were held on December 8, 2005,December 15,2005,January 05, 2006,February 02, 2006, March 09,2006,March 16,2006 and March 20,2006. Board Members James R. Hatfield and Daniel M. Creedon represented the Board during the negotiation sessions. Town representatives included staff of the Growth Management Department,the Town Attorney's Office,members of the Planning Board and Barnstable Housing Committee,and Mr. Robert Nelson, Chairman, Town of Mashpee Zoning Board of Appeals. During the hearing,Attorney John W. Kenney represented the applicant before the Board. Brian T. Dacey, Manager of Cotuit Equitable Housing,LLC was also present. The, development[earn included, Bruce A. Besse Jr., Site Planner, Barnstable Land Design, %—Iatthew Kealey,P.E., Senior Project Engineer, Vanasse Hangen Brustlin, Inc., and Michael Giggey and Mr. Kevin Olson, Wright-Pierce. During the hearing and negotiation of this comprehensive permit extensive testimony and information was given by the Applicant's representatives, abutters and Town and public officials. The plan and proposal was also modified as reflected in this decision. Copies of the public hearing minutes are available at the Town Clerk's Off-ice and at the Office of the Zoning Board of Appeals. List of Materials Submitted: The following materials have been submitted to the file: 1. Application for a Comprehensive Permit, submitted by Cotuit Equitable Housing,LLC, Town Clerk's. Office date stamped September 06,2005, and consisting of several Attachments as itemized: • Attachment A—Applicants Status: A copy of the Commonwealth of Massachusetts business certificate creating Cotuit Equitable Housing LLC, identifying Brian T. Dacey as Manager. Address of the company is 1645 Falmouth Road,P.O. Box 95, Centerville,MA 02632. An affidavit of Attorney John W. Kenney accompanied the certificate attesting that the company is formed for the purposes of qualifying as a limited dividend organization. • Attachment B—Agency Commitment Letter--A copy of the July 25, 2005, Site Approval Letter to Brian T. Dacey, Manager,Cotuit Equitable Housing LLC from "Thomas R.Gleason, Executive Director, Department of Housing and Community Development, • Attachment C—Document of Applicant's Ownership of the Property—A copy of a Purchase and Sales Agreement between Mary E.Zocchi, Trustee of the Andy Realty Trust(the seller) and Equitable Housing Trust,c/o John W. Kenney,Trustee (the buyer) inclusive of a rider and signed extensions of time for executing the contract. • A copy of the Declaration of Trust establishing Equitable Housing Trust identifying Cotuit Equitable Housing;LLC as 100%beneficiary of the Trust. Attachment D & E-Property Location Map, Existing Condition's, Property Survey,and Development Plans—Five plan sheets entitled '`128 Lot Subdivision for Cotuit Equitable MAY. 4.2006 11:56AM ATTY JOHN ICENNEY NO.983 P.5 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B Housing,LLC Mass Housing and New En;land Fund Program"consisting of a Title Sheet, Site Layout Plan,Utilities Plan, 1970 Property Survey, and Existing Conditions Plan. • Attachment F-Project Description and Narrative—A one-page summary of the proposed development accompanied by an air photo of the site. • Attachment G—Project Site Plan and Architectural Plans—An illustrated site plan accompanied by plans and elevations of nine(9)proposed homes to be developed on the property. • Attachment H-Project Financial Pro-Forma • Attachment I—List of Public Agencies for Review and Approval: • Attachment J—List of Requested Exceptions ` • Attachment K—Developers' Profile • Attachment"Matrix"— A statistical summary of the proposed development. 2. Copies of the September 12,2005 Transmittal Memorandum from Daniel M, Creedon III, Chairman, Zoning Board of Appeals to various agencies,boards and departments. The letter was sent to: Gary C, Brown,President, Town Council;John Klimm, Town Manager; Robert D. Smith, Ruth Weil, Town Attorney Office; Laura F. Shufelt,Chairman,Barnstable Housing Committee, and Elizabeth Diilen, . Office of Community and Economic Development; Thomas K. Lynch, Director,Barnstable Housing Authority;David Munsell,Chairman Barnstable Planning Board;John.J. Finnegan, Chief,Barnstable Police Department;Mark S.EIIs, Director, Department of Public Works; Maureen McPhee,Tax Collector; Robert Gatewood, Conservation Administrator;Thomas McKean, Health Agent; Tom Perry, Building Commissioner; Margo L. Fenn, Executive Director, Cape Cod Commission; Chief Paul A. Frazier,Cotuit Fire Department; Thomas F. Geiher, Director of Health Safety and Environmental Services;Ken Ventura, Superintendent, Cotuit Water Company; F. Thomas Fudala, Town Planner, Town of Mashpee; and Thomas F. McDonald, Interim Superintendent, Barnstable Sohool Department. A copy of the application was also delivered to David Rich, Superintended Mashpee Water District. 3. A Septemberl3,2005 Memorandum from Robert A Burgmann,Town Engineer. 4. A September 19,2005 Letter from Sgt. Andrew P. McKenna, Barnstable Police Department. 5. A September 21,2005 letter with attachments from F. Thomas Fudala, Town Planner,Town of Mashpee citing that municipalities concerns, , 6. A September 22, 2005 e-mail from Ms. Beverly Kane,Chair;Mashpee Planning Board,to Art Traczyk,Principal Planner,Town of Barnstable; 7. A copy of a September 26,2005 letter from Barnstable.Housing Committee, Laura F. Shufelt,Chair expressing interest in participating on the negotiation team, 8. A copy of a September 27, 2005,review letter from the Cape Cod Commission, Margo L. Fenn, Executive Director. 9. A September 27,2005, letter from Joyce M. Mason, Town Manager,Town of Mashpee, noting the Board of Selectman's desire to participate in all proceedings. 10. A Copy of the Declaration of Trust, establishing Andy Realty Trust. 11. An October 19, 2005 e-mail from David Munsell citing the desire of the Planning Board to participate in the Negotiation Sessions. 4 MAY. 4.2006 11:57AM ATTY JOHN 'ICENNEY NO.983 P.6 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensiye Permit•MGL,Chapter 40B 12. An October 20,2005 e-mail, submitted by staff. citing the negotiation team members. 13. Copy of a November 14, 2005 letter of Acting Chairman Daniel M. Creedon to Ms. Joyce NI.Mason, Town Manager, Town of Mashpee,requested that Town's participation in the negotiation sessions. 14. A November 16,2005 letter from Ms Joyce M. Mason, Town Manager, Town of Mashpec to Daniel M. Creedon notifying him that Mr. Robert Nelson, Chairman of Mashpee Zoning Board of Appeals would represent Mashpee at the negotiations. f 15. A copy of an Extension Agreement for the Purchase and. Sales Agreement between Mary E. Zocchi Trustee of the Andy Realty Trust and John W. Kenney, Trustee of Equitable Housing Trust submitted on November 16,2005. 16. A November 17,2005 letter from the Cotuit Fire District Water Department, Frederick Kiely, Chairman Board of Water Commission. 17. A November 23,2006 letter from the Town of Barnstable Housing Committee encouraged"smaner" design of the subdivision and the need for affordable restrictions survival of foreclosure. 18. A November 28,2005 e-mail from Thomas McKean Director of Health. 19. Copy of a Presentation Handouts submitted at the Hearing of November 30, 2005, consisting of. • A copy of the traffic report by Vanasse Hangen.Brustlin, Inc.,_ • Summary of Site Utilities and Roadway System • Wastewater Treatment System • Summary of Proposed Subdivision Development, and • Project Description Summary. 20. A copy of the December 08, 2005,negotiation agenda. 21. A copy of the"Detailed Traffic Study"by Vanasse Hanlen Brustlin, Inc., date stamped at the Office December 09, 2005, 22. A copy of Cape Cod Commission Development of Regional Impact(DRI) decision for Stuart Bornstein, Duck Pond LP issued for property located at 106 Falmouth Road, Mashpee, MA (the Augat Property). 23. Copy of a December 09,2005, letter from Acting Chairman Daniel M. Creedon to Chief Paul A.' Frazier, Cotuit Fire Department requesting plan review and comment. 24. A December 15, 2005, letter from Fire Chief, Paul A. Frazier, Cotuit Fire Department responding to Mr. Creedon's request. 25, A copy of the December 15,2005,negotiation agenda 26. A copy of the January 05, 2006, negotiation agenda 27. A copy of a January 05, 2006,Memorandum from Matthew Kealey to Bruce Besse on Traffic and Signalization Warrants. 28. A copy of the revised Concept Plan for Development as submitted January 05, 2006_ 29. An illustrated comparison of the original plan and new concept plan submitted.January 18,2006. 30, A January 18, 2006 Negotiation Session Summary of Major Issues.. 31. A copy of February 02,2006,negotiation agenda. MRY. 4.2006 11:58RM ATTY JOHN'KENNEY N0.983 P.7 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MOL,Chapier4013 32. A copy of a February 03,2006 letter from Acting Chairman Daniel M. Creedon to Chief Paul A. Frazier,Cotuit Fire Department,requesting a follow up review of the revised development plans. 33. A Draft Hydrogeologic Investigation Report for Scrimshaw Village Project as prepared by ESS Group submitted February 13, 2006. 34. Copy of revised site plan including an illustrated plan and the Negotiation Summary as distributed to the Board on February 15, 2006. 35, Revised Architecture plans submitted February 15,2006 entitled"Scrimshaw Village Cotuit, Massachusetts Cotuit Equitable Housing,LLC' and dated hebruary 14,2006. 36. Revised development plans submitted February 15, 2006, consisting of four plan sheets,the first page is titled`Barnstable Massachusetts 124 Lot Subdivision for Cotuit Equitable Housing,LLC, Mass Housing and New England Fund Programs"dated February 2006,as drawn by Wright-Pierce. 37. A February 10,2006 Memorandum from Matthew Kealey to Bruce Besse including the Traffic Signal Warrant Memorandum, traffic signal warrant calculations, and a Draft of the MassHighway.Access Permit, 38. A copy of the Real estate Appraisal Report(effective date of October 6,2005)prepared by Eric Wolff, McGovern Appraisal Service,Inc., submitted February 15, 2006. 39. A February 15, 2006 letter from Joyce M. Mason to Daniel M. Creedon supporting signalization of Noisy Hole Road and Route 28. The letter supported the completion of Noisy Hole Road to Route 130. 40. A March 09, 2006 e-mail from Steve Seymour on sic�nalizati.on. 41. Copy of March 16, 2006 Negotiation Session agenda 42. Copy of a proposed draft decision as presented at the March 16'h Negotiation session 43. A March 16 letter from Blaise J. Stapleton, Property Manager for Sellback Place Route 28 .%-Iashpee, MA. 44. Revised Architecture plans submitted March 15, 2006 entitled "Scrimshaw Village Cotuit, Massachusetts Cotuit Equitable Housing,LLC"and last revise date of March 22.,2006. 45. A March 17,2006 letter from Attorney Kevin M. Kirrane. 46. Copy of a March 17, 2006 Draft Decision 47. Copy of Draft Findings and Conditions as revised March ''4, 2006 48. Copy of a Proforma Review dated March 27,2006 49. Copy of a March 27, 2006 letter to Attorney John Kenney from Paul A. Frazier, Chief, Cotuit Fire Department. 50, Listing of proposed loss upon which affordable units will be located submitted March 29,2006. 51. Fax copy of information from Burse Bessey on lot area submitted March 29,2006 52. Copy of a March 29, 2006 Draft Findings and Conditions 53. A copy of the final Hydrogeologic Investigation Report for Scrimshaw Village Project as prepared by ESS Group submitted March 29, 2006. 54. Copy of Mass.App. Ct, 530, 570 N.E.2d 1044 case, Plymouth.V.S.H. realty, Inc. v. Zoning Board of Appeals of Plymouth submitted to the Board at the hearing of April 05, 2006. MRY. 4.2006 11:59AM ATTY JOHN XENNEY NO.983 P.8 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprahensive Permit-MOL,Chapter 40D Findings of Fact on Standing: Motion: At the hearing on April 05, 2006, a motion was duly made and seconded to find the following findings of fact on standing-the Jurisdictional Requirements of the Applicant to apply for a Comprehensive Permit under MGL Chapter 40B as identified in CMR 760 Sections 30-31: 1, The Applicant,Cotuit Equitable Housing LLC, (Limited Liability Company), qualifies as a limited dividend organization, as defined in the Code of.Massachusetts Regulations at Chapier 760, Section 30.02, and under MGL Chapter 40B, Section 20-23, and as that term is used by the Commonwealth of Massachusetts Housing Appeals Committee, to sponsor low or moderate income housing developments as defined in said Chapter 408, Sections 20-23, and the regulations promulgated pursuant thereto. As shown in a copy of the Commonwealth of Massachusetts business certificate creating Cotuit Equitable Housing, LLC. This Was submitted to the file and a copy of Section 2.8 of the Operating Agreement for Cotuit Equitable Housing,LLC that recites those requirements, limitations; and further restricts amending or deleting the purpose: "until every such development has been completed and all program requirements complied with." 2. The project has been reviewed by MassHousing and found to be fundable under the Housing Starts - Program of MassHousing and/or the New England Fund Program of the Federal Home Loan Bank of Boston,both of which are low and moderate-income housing subsidy programs. Proof of this is shown on a copy of a Site Approval letter submitted on July 25, 2005, to Brian T. Dacey, Manager,Cotuit Equitable Housing, LLC, from Thomas R, Gleason, Executive Director, MassHousing That letter finds the proposed development to be eligible to apply for a Comprehensive Permit pursuant to MGL Chapter 40B and in accordance with 760 CMR Section 30 and 31 which identifies the two possible funding sources. 3. The applicant has established control/interest in the site as shown on the copy of the Purchase and Sales Agreement,signed extensions of time for executing the Agreement, and a November 14, 2005 letter designating Cotuit Equitable Housing;LLC,the Applicant, as buyer. The Agreement is with Mary E. Zocchi, Trustee of the Andy Realty Trust(the seller and owner of the property). Decision on Standing: Based upon the three findings cited above and the evidence submitted, the Applicant has satisfied all of the requirements for standing pursuant to MGL Chapter-40B and 760 CMR Section 30-31. The Vote with respect to standing was as follows: Aye: Randolph Childs,James R. Hatfield, Gail C. Nightingale, Ron S. Jannson, Daniel M. Creedon , Nay: None 7 MAY. 4,2006 12.00PM ATTY JOHN 10ENNEY' NO.983 P.9 Appeal 2005-062-Coruit Equitable Housing,LLC Corpprchmrsiva Pemut-MGL,Chapter 40B Findings of Fact Regarding Consistency with Local Needs: Motion: The Board,having found that the Applicant has satisfied the requirements as to standing,made and seconded the following findings with respect to the proposed development insofar as it relates to being consistent with local needs: 1. The Applicant, Cotuit Equitable Housing, LLC, has applied for a Comprehensive Permit under the General Laws of the Commonwealth,Chapter 40B "Affordable Housing". The Applicant submitted an application for a comprehensive permit for a development of 128, single-family dwellings to be located on 50.44 acres of land. Thirty-two (32) of the dwellings were to be sold as low and moderate income housing. During the proceeding that applicant assented to negotiations with the Board and Town representatives from Barnstable and Mashpee and has modified that proposal to now request a development of 124,single-family dwellings, 31 of which are to be dedicated in perpetuity as affordable units and marketed and sold to families whose income does not exceed 80% of the annual median income of the Barnstable MSA. 2. The site of the proposed development is a 50,44-acre parcel of land situated in Cotuit(Barnstable) MA,at the Town of Barnstable town-line with 1vlashpee MA. The property is shown on Assessor's Map 002 as Parcel 002, addressed 9999 Falmouth Road(Route 28), Cotuit, MA. The property is also more accurately show on a plan entitled"Plant of land in Barnstable, Mass"prepared by Charles N. Savery,Inc.,Registered Engineers and Surveyors, dated Jan. 23, 1970. A copy of which has been, submitted with the application. The parcel is located easterly of Noisy Hole Road and north of Route 28. The property is zoned Residence F and is located in the Resource Protection Overlay Distract. Part of the site is also within the WP and GP,Wellhead and Groundwater Protection Overlay Districts. 3. The Applicant proposes to divide the land into 124 developable housing lots to be accessed primarily from Noisy Hole Road as per a set of plans submitted,consisting of four sheets, the title sheet of which is entitled; "Barnstable Massachusetts 124 Lot Subdivision for Cotuit Equitable Housing, LLC, MassI-Iousing and New England Fund Programs"dated February 2006, as drawn by Wright-Pierce. That set includes a proposed general concept subdivision layout, utility plan, and site layout plan (landscaping). The plans show additional common lots and roadway rights-of-ways to be created. The common lots are to be developed for a shared Wastewater Treatment Facility, utilities, wastewater leaching areas, stormwater drainage and retention areas, roadway buffers,open space, recreation and vegetated buffers, and provides for future access and connection with neighboring abutting property via Amos Road. Those additional lots are all to be held in common ownership by the Homeowners Association. 4. Nine styles of homes referred to as the 'Wharf, `Dunes', `Oxford', `Surfside', "Villager', Sconset', `Deluxe Dunes', `Wauwinet' and `Miacomet' are proposed. They are one-to two-stories in height, designed to accommodate three-bedroom, and range from 1,482 sq.ft. to 2,060 sq.ft. in living area. All are proposed with full basements and, at minimum, include a one-car attached garage. Most are two and one-half bathrooms,except the `Surfside' and `Villager' that have two bathrooms. The 31 affordable units are to be a mixture of the 'Wharf' `Dunes' and `Oxford' style homes. The proposed 8 MAY. 4.2006 12:01PM ATTY JOHN KENNEY NO.983 P.10 Appcal 2005-082-Cotuit Pquitablc Housing,LLC Comprehensive Permit-MGL,Chapt«40B dwellings are illustrated in a series of plans entitled"Scrimshaw Village Cotuit,Massachusetts Cotitit Equitable Housing, LLC"dated February 14,2006. 5. The initial sale price of the affordable dwellings is to be calculated based upon a formula under which monthly housing costs, including mortgage payments,taxes; insurance, and association fees, shall not exceed 30% of 70% of the Area Median Income(AMI) of the Barnstable Metropolitan Statistical Area(MSA) at the time of sale. 6. The Applicant has agreed that the affordable units be sold only to income qualified households, defined as those making not more than 80%of the area's median income of the MSA. The Applicant has agreed that all of the units are to be made available on a fair and open basis and the services and facilities shall be provided to all equitably,regardless of market rate or affordable., 7. The overall density of the development is just under 2.5 units per acre. The housing lots range from 8,712 to 18,742 sq.ft.,with the average lot size being 11,030 sq.ft. Most lots are located within a designated Zone 11's, Groundwater Protection Areas of the Cotuit Water Department and Mashpee Water District public supply wells. As a result the Applicant has proposed a shared wastewater treatment system. The-leaching area of that systems being located outside of the Zone II's. The total number of bedrooms proposed is 372. Based on Title 5 the estimated average daily wastewater flow for the development would be 40,920 gallons per day. 8. The Applicant is aware that the on-site wastewater treatment plant(WWTP)will require a Massachusetts Department of Environmental Protection (MADEP)Discharge Permit. The Applicant has proposed a `membrane/bio' reaction treatment system for the wastewater treatment plant. The plant is to be designed to treat wastewater below 5 parts per million nitrogen, below the State Standards of 10 ppm and in compliance with the Cape Cod Commissions standards of 5 ppm. The approximate recharge nitrogen concentration from the proposed overall development is projected at 2.2 to 2.5 mg/1. 9. The Applicant has submitted a Hydrogeologic Investigation Report. That report concludes that; mounding of groundwater would have no effect on the boundaries of the Zones II's protection areas for the two municipal supply wells,and there will be no nitrogen loading on the private Sea OAlss- Condominium well as the leach field is located down gradient of that well. With regards to neighboring private wells and loading to the watershed and Popponessett Bay, the report notes that treatment of the effluent will be reduced to less than 5 mg/l, well within the acceptable State and Cape Cod Commission standards. 10. The applicant has submitted a Detailed Traffic Study that calculates the development will generate 1,304 vehicle trips per weekday entering and exiting the development. The morning peak hour generates 99 vehicle trips per hour and the evening peak hour generates 134 vehicle trips per hour. The Applicant has redesigned the subdivision so that the main access will be from Noisy Hole Road. A right turn in-only access has been designed off Route 28 at the request of the Cotuit Fire Department and Town of Mashpee, The traffic study has concluded that any unsignilized intersection for the development would function at Level of Service F. The Traffic Consultant reviewed the proposed traffic at the Route 28 &Noisy Hole/Simon's Road intersection and determined that the anticipated traffic would meet the ivlassHighway`warrants"for the peak 1-hour,4-hour, and 8-hour volumes for signalizing the intersection. MAY. 4.2006 12:03PM ATTY JOHN kENNEY NO.983 P..11 Appeal 200S-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B 11. The Applicant has determined that they have legal rights to use and improve Noisy Hole Road and has discussed the issue with the Town of Mashpee Planning;Board. The Applicant has agreed to; • Improve Noisy Hole Road from Route 28 to the subdivision entrance to the requirements of the Mashpee Planning Board, • Grade and patch the remaining section of Noisy Hole Road, as it borders the applicant's property, as may be requested by the Mashpee Planning Board, • Seek a MassHighway permit to signalize the intersection of Route 28 & Noisy Hole Road/Simon's Road, and, • To pay its fair share of the cost of the intersection and signalization improvement of Route 28 & Noisy Hole/Simon's Road. 12. In regards,to the construction of the intersection and signalization improvement of Route 28 &Noisy Hole/Simon's Road the applicant's Consultant has estimated it to cost $175,000 to $250,000. The estimated trips generated by this development will increase traffic at the intersection of Noisy Hole Road and Route 28 during the daytime hours from 45 times to 2.1 times the existing traffic, This is evidenced in table Al of the February 10,2006 Vanassa Hangen Brustlin, Inc., Kealey Memorandum. 13. Under current zoning, development of the 50f,44-acre parcel would permit 21 single-family detached dwellings. That development would require Cape Cod Commission review as it triggers threshold criteria for a Development of Regional Impact. The result of that review would be some type of traffic mitigation requirements. However, as a Chapter 40B comprehensive permit application the Cape Cod Commission is considered a local review board for which the Zoning Board of Appeals has the authority to act. 14. The Growth Management provisions of the Zoning Ordinance limits annual building permits to 96 Market rate permits per year. To assure funding of the proposed development the Applicant will need a projected commitment of building permits designated for this development. To this end,the Applicant has proposed a phasing plan for the 93 market rate permits for; 10 markets in 2006, then 21markets for each year 2007,2008,and 2009, and 20 markets for 2010, To assure affordable units are constructed,one(1)out of ever four(4)building and occupancy permits issued must be for an affordable dwelling. 15. The Applicant has agreed that to the extent permissible by law;to implement a local preference for up to 70%of the affordable units for residents and employees within the Town of Barnstable. 16. According to the Department of Housing and Community Development, as of March 01, 2006,the Town of Barnstable has a total of 1,381 affordable housing units. That represents 6.8% of the total housing stock. The statutory requirement of MGL Chapter 40B,the Local Comprehensive Plan and the Regional Policy Plan is to provide 10%of the housing stock as affordable housing units. The Town has not reached that goal. . 17. In view of the Town's current deficit for affordable housing units, the Applicant has been cooperative in working with the negotiation team to craft a proposed development consistent with the local needs for the Town of Barnstable.They also wanted to ensure the lonb semi affordability of units for persons of low and moderate income. The Board.finds that this proposal set aside 31 units in 10 MAY. 4.2006 12:04PM ATTY JOHN KENNEY NO.983 P.12 Appeal 2005-082-Cotgit Equitable Housinr,LLC Comprehensive Permit-MGL,Chapter 40B perpetuity as affordable units to households whose income is 80%or less of the median income in the area of Barnstable Metropolitan Statistical Area(SMA) is consistent with the goal of the Town of Barnstable to provided 10%of its housing stock as affordable. 18. The applicant has cited several requests for waivers and variances from the Zoning Ordinance and from other applicable regulations. In review of the relief requested and the proposed plan for the development, the Board finds that the certain requested waivers/variances may be granted without adversely affecting the public health and safety of occupants in the development, the surrounding neighborhood, and the residents of the Town of Barnstable, provided the conditions hereafter to be imposed in this permit are strictly followed and adhered to. Decision of Findings on Consistency: The Vote with respect to findings on consistency with local needs was as follows:: Aye: Randolph Childs, James R. Hatfield,Gail C.Nightingale, Ron S. Jannson, Daniel M. Creedon Nay: None Decision and Conditions: , Motion: Based upon the findings of fact with respect to local needs, the Board grants the Comprehensive Permit in accordance with MGL Chapter 40B §§20-23 for the development proposed by Cotuit Equitable Housing, LLC., subject to conformance to all the conditions,terms, and restrictions: l. The proposed development is limited to 124 single-family detached dwellings on the 50.44 acre locus as shown on plans submitted.Thirty-one(31)of the dwellings shall be dedicated in perpetuity to affordable housing. Those units shall be marketed and sold only to families whose income does not exceed 80%of the annual median income of the Barnstable Metropolitan Statistical Area(IMSA) and priced by calculating monthly housing costs, including mortkrage payments, taxes, insurance, and association fees. These costs shall not exceed 30% of'70°o of the Area Median Income(AMI) of the Barnstable MSA. In all cases, the affordable units shall be set-aside in perpetuity for the public purpose of providing safe and decent housing to persons of low and moderate income. Each unit shall be deemed to be impressed with a public trust. 2. Development of the site shall substantially conform to plans presented to the Board consisting of four (4) sheets submitted including; • a Title Sheet entitled"Barnstable, Massachusetts 124 Lot Subdivision for Cotuit Equitable Housing, LLC.,Mass Housing and New England Fund Program"dated February 2006, • Sheet-1 of 3,Site Layout Plan,last revised date of 02-7-06, MAY. 4.2006 12:05PM ATTY JOHN KENNEY NO.983 P. 131 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit•MGL,Chapter 40B • Slieet-2 of 3,Utilities Plan, and • a fourth sheet illustration of the proposed overall site landscaping. 3. Construction of the ways,inclusive of the roadway, sidewalks, curbing/berms, utilities, street trees, monuments, signs and grass plots shall be in accordance with applicable Subdivision Rules and Regulations, except as may be waived herein. Streetlights shall be provided at the entrances to the subdivision and at the two dead end euI-de-sacs. 4. All roadways shall be designed to efficiently and safely accommodate turning movement for school buses and fire trucks, as well as emergency vehicles. Fire hydrant(s)shall be installed to the requirements of the Cotuit Fire Department. Final layout and development standards are to be reviewed and approved by the Cotuit Fire Department and the Town's Department of Public Works, consistent with the terms of this decision. S. All utilities shall be located underground,with the exception of those components normally and customarily located above ground. The back-up generator for the Wastewater Treatment Plant shall be screened.Any easements necessary for utility service shall be specified on the plan to be endorsed. No residential structure shall be located on or above any easement. 6. 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 the Town Engineer's requirements to retain the difference between the pre and post development storm flow. All plans and specifications shall be reviewed and be in compliance with the requirements of the Town's designated engineer. The catch basins, detention/infiltration basin and leaching structures shall be regularly maintained, 7. The applicant shall have prepared a subdivision plan in accordance with the Planning Board's Subdivision Rules and Regulations, suitable for endorsement by said Board, and recording at the Registry of Deeds. The Zoning Board of Appeals shall endorse such plan upon compliance with these terms and conditions. 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. 8. Inspections necessary to ensure completion of the subdivision to development standards,in phases as depicted by,the phasing plan, including the common wastewater treatment facility, sewer system, water delivery system,underground utilities and roads shall be set by the Department of Public Works in accordance with this decision and with the Subdivision Rules and Regulations of the Town of Barnstable Planning Board. In addition, the applicant shall provide security in a form of its choosing and acceptable to the Town's Engineer and Town Attorney.The amount of the security shall be sufficient to provide for the completion of each phase. The purpose of this security is to ensure that any on-site work initiated will he finished; and he in conformity with the terms and conditions of this decision and to guarantee that the site will be restored.to a natural and safe condition in the event that construction should halt. No building permit shall be issued for a lot for which security has not been posted. 9_ With respect to an overall subdivision, all disturbed areas of the common lots are to be landscaped with appropriate mixture of deciduous and evergreen plants. All lawn areas within the right-of-ways 12 MAY. 4,.2006 12:06PM ATTY JOHN YENNEY NO.983 P.14 Appe;12005-082-Cotuit Equitable Housing,LLC Comprchcnsive Pcrmit-MGL,Chapter 40B and common lots shall be loamed and hydro-seeded and all planting beds mulched. All slopes shall be appropriately graded and vegetated to prevent erosion and control nun-off. 10. The applicant shall exercise best efforts to retain existing deciduous and evergreen trees berween the house line(subject to necessary work and passage areas) and street lines. In addition,due to the project's location in a designated Groundwater Overlay Protection District, a minimum of twenty per cent(20%) of the existing vegetation shall be retained in its natural state. To the extent possible, the applicant shall use his best efforts to retain any trees four(4) inches or more in diameter. 11. The Applicant shall be responsible for improvements to that portion of Noisy Hole Road that will service the project to those rules,regulations,and standards of the Town of Maslipee: 12. The Applicant at his expense, shall be required to design and seek Mass Highway permits to; • construct a left-turning lane on Route 28 for traffic moving easterly and turning into Noisy Hole Road, • signalize the intersection of Route 28 and Noisy Hole Road%Simon's Road and g y • install overhead street lighting at that intersection. The applicant shall not be required to expend in excess of$150,000 in the aggregate to design, permit, and construct the above referenced traffic mitigation with the exception of overhead street lighting. Phasing of this project shall be in account with MassHighway requirements and standards. 13. The design plan for the signalized intersection and turning lane shall he completed by the applicant within one-year of the grant of this permit and all necessary Mass Highway permits sought within that first year. The Applicant shall work cooperatively and in good faith with both the Towns of Barnstable and Mashpee and with Mass Highway to design the intersection and secure all necessary permits. 14. The single family dwellings to be built on the property shall substantially conform to nine (9) styles, plans and elevations submitted to the Board. The Title Sheet of that submittal is entitled; "Scrimshaw Village Cotuit,Massachusetts Cotuit Equitable Housing, LLC"last revised date of March 22, 2006.• The nine styles are further described as: • The 'Wharf , a two-story,three-bedroom,two and one-half bathroom 1,684 sq.ft. - N • The `Dunes',a one&one-half-story,three-bedroom, two and one--half bathroom 1,584 sq.ft° • The `Oxford', a two-story,three-bedroom; two and one-half bathroom 2,060 sq.ft. • The `Surfside',a one-story,three-bedroom, two bathroom 1,482 sq.ft. • The `Villager', a one-story,three-bedroom,two bathroom 1,510 sq.ft. k. • The `Sconset', a one&one-half-story, three-bedroom,two and one-half bathroom 1,710 sq.ft. • The "Deluxe Dunes"two story, three bedroom, and mo and one-half bathroom 1`,830 sq.ft. 13 MAY. 4.2006 12:07PN ATTY JOHN XENNEY NO.9^o9 P.15 Appc412005.082-Cotuit Equimble Housing,LLC Comprehmsive Permit-MGL,Chapter 40B • The `Wauwinet' a one&one-half-story,three-bedroom, two and one-half bathroom 1,840 sq.ft. • And the `Miacomet', a one & one-half-story, three-bedroom, two and one-half bathroom 2,040 sq.ft. Minor changes, adjustments and deviations from the plans that do not constitute a substantial change. may be requested by the Applicant. Those changes shall be administratively reviewed and approved by staff of the Growth Management Department assigned to the Board. 15. The structures will be of wood frame construction with clapboard fronts, shingled rear and side elevations or better,insulation as per Mass. Energy Code. To the extent required under and in conformity with the Massachusetts Building Code, each unit shall have low flow toilets and showers, energy efficient appliances and thermal windows and doors. They are to be energy efficient units with heating and cooling systems that are cost effective to operate for the owner/occupant of the unit and encourage the conservation of energy and water resources. 16. Setbacks for all structures including accessory buildings and decks shall be 20-foot front and 10-foot side and rear yard setbacks. The 20-foot front yard setback shall not apply to Amos and Naomi ways as measured from the edge of the traveled way. A 100-foot setback shall be required on Route 28, 17. With respect to individual lots, the applicant shall comply with the following minimum landscape standards: • A minimum of one shade tree or one flowering tree shall be planted per lot. The tree shall have a `Yts�,.�" minimum caliper of 2 inches. A minimum of 18 mixed evergreen and deciduous shrubs, 18 to 36-inches in height shall be planted on each building lot. • The yard lawn areas shall be loamed and seeded or sodded, and all plants and planting beds are to be mulched. 18. Each dwelling shall be connected to public water and the shared wastewater treatment plant. 19. All roof runoff shall be collected in gutters and directed into dry wells, grass areas or planting areas 20. Thirteen(13) `Wharf' style, 12 `Dunes' style and 6 'Oxford.' style are to be dedicated as the affordable dwellings. All affordable dwellings shall be three-bedroom units with full basements and an attached one-car garage. In addition to the garage, the applicant shall include one outdoor parking space 20-feet by 10-feet on each residential lot,which may be located within the driveway to the garage. The affordable units, scattered within the subdivision., are to be located on Lot Numbers 4,7, 9, 16, 20, 24, 29, 34,49, 54, 56, 60,62,66, 68, 70, 80, 81, 82, 84, 86, 96, 97, 98, 102, 104, 108, 110, 115, 119, and 124. 21. Exterior finishing, landscaping and facilities provided to each of the dwellings shall be equal . regardless of cost of the units. The three affordable styles shall also be available as market rate units. 22. As shown on the plan, a series of common lots are proposed. Those common lots must only be used as authorized in this permit. The only buildings allowed on the common lots shall be for the wastewater treatment plant including its pump stations, utilities, leaching structures and the accessory utilities, structure and equipment related to servicing of the subdivision. Association parking shall be 14 MAY.. 4.2006 12:08PM ATTY JOHN"KENNEY No.983 P.16 Appcal 2005-082-Comic Equimble Housing,LLC Comprchcnsivc Permit-MGL,Chapier 40B permitted within the subdivision and within the recreation open space area as shown on the plan. The open space areas can be used for utilities, including drainage,pathways,recreation facilities, landscaping, signage,bus stops,and irrigation wells. However no private residential structures or their accessory structure may be located upon a common lot. 23. Common Lots shall be conveyed into Homeowners Association upon its creation. Ownership of that land shall remain with the Association. However,it can be transferred to a government agency or entity for public purposes or to an association whose primary objective is preservation of open space. Any transfer of the common areas shall include those restrictions on that land implied in this decision and shall require Zoning Board approval. 24. The Applicant shall be responsible for securing all necessary permits for and installation of the wastewater treatment system and connecting of all dwellings to the treatment facility. All applicable rules, regulations and design standards shall be followed for the design and installation of the sewer collection system. The Department of Public Works of the Town of Barnstable, must review the system to assure compliance with applicable rules and regulations. . 25. Nitrogen loading from the on-site treatment plant shall be consistent with the performance standards of the Cape Cod Commission and not exceed 5 parts per milli-on. 26. The wastewater treatment system shall be a common element to be owned and operated by the Homeowners Association. All units shall be connected to the plant and required to share in the expense of its ownership,operations,maintenance and upkeep which shall be apportioned as provided in paragraph 40. 27. Professional management shall be required and provided in respect to all aspects of the wastewater treatment plant and assurances crafted into the association document that assures proper funds for operation,maintenance,monitoring and long-term replacement will be available. 28. The Applicant shall take all reasonable steps necessary to prevent odors and/or noxious fumes from migrating from the lots in which the wastewater treatment plant,pump stations and leach fields are located. 29. The Applicant or his desighee(s) shall retain control of the Homeowners Association until the 93rd- unit is sold, at which time control shall be transferred to the Homeowners Association along with all common elements finished to that date. 30. No application for a building permit shall be accepted by the Building Division until the foilowing has been filed with the Zoning Board of Appeals: • A copy of the MDEP permit issued for•the Wastewater Treatment Plant. • Verification from the Department of Public Works of the Town of Barnstable that the plans and specification for the on-site sewer and wastewater treatment system have been reviewed and approved by them. • Evidence of final funding approval from Mass Housing. Is MAY. 4.2006 12:09PM ATTY JOHN 10ENNEY NO.983 P. 17 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprchcnsive Permit-MGL,Chapter 40B 31. Prior to the issuance of any Building Permits for any individual home, the applicant must have the following documents recorded at the Barnstable County Registry of Deeds and evidence of the recording submitted to the Zoning Board's file: • A copy of this comprehensive permit, signed by the Chairman and the Town Clerk. • The signed and approved subdivision plan consistent with this decision. • The executed Regulatory Agreement and.Monitoring Agreement • The Homeowners Association documents,rules and regulations as approved by the Town's Attorney's Office. - 32. The properties shall be addressed and each dwelling's roadway number posted in accordance with the Code of the Town of Barnstable Chapter 51, Building Numbering. All signage on-site shall conform to the Town of Barnstable Zoning Ordinance. 33. No occupancy permit shall issue until: • The unit is connected to public water supply. • The unit is hooked into the private on-site wastewater treatment plant, in accordance with the Wastewater Treatment permit issued by MEPA. ` • At minimum, a binder course of pavement is in place sufficient to serve the dwelling. 34. Prior to the issuance of any Occupancy Permits for the dwellings,the applicant shall have recorded at the Barnstable Registry of Deeds a deed restriction as approved by the Town Attorney, assuring that the unit remains affordable in perpetuity and is protected in the event of a foreclosure from loss of its affordability status. 35. After the issuance of the first occupancy permit, the Applicant will use all reasonable means to minimize inconvenience to the residents. 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 construction on any Sunday. 36. The last market rate occupancy permit(No. 12-l' .) shall issue only in compliance with Condition No, 48 herein. 37, With respect Article XI of the Zoning Ordinance, Growth vlanagetnent,the Board grants the applicant's request for an assured phasing plan of 93 market rate and 31 affordable rate building permits over a five year period. The Phasing Plan for the market rate permits shall be 10 permits in 2006,then 21 permits for each of the years; 2007, 2008, and 2009, and 20 permits in 2010. If any permit is unused during any one calendar year it shall be credited to the applicant and added to those for the next calendar year. With regard to the 31 affordable permits they shall be phased with the market permits in that for every four building permits issued,one must be for an affordable. - 38. All building permits issued shall be included in the counting and number limitations imposed'in the Growth Management Ordinance. However, should the requested permits) under the phasing plan exceed those available at the time the request is made,the.Building Commissioner shall issue the 16 MAY. 4`.2006 12:10PM ATTY JOHN XENNEY NO.983 P. 18 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B permit(s) separate and outside of the limitations imposed iri the Ordinance. The building permits are subject to all other requirements of the Building Division for the issuance of building permits and all requirements of this comprehensive permit decision. 39. All building permits shall issue accordingly! • For every four(4)permits issued,one(1) shall be for an affordable unit and three(3) shall be for the 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. 40. The applicant shall establish a Homeowners' Association for the long term management and operation of the common grounds and facilities. All 124 residential dwelling owners shall be members of the Association, The Applicant shall create the Association prior to the transfer of the first dwelling and transfer the Association into die control of the residents upon the sale or transfer of the 93rd dwelling unit. All common lots,roadways, facilities for drainage; wastewater treatment and lighting shall be transferred into the Association.at the time it is created. Association dues shall be based upon the projected maintenance costs and expenses of the Association and shall be apportioned so that the 31 affordable units pay 10%of the annual budget and the 93 market units pay 90%of the annual budget. 41. The Homeowners Association documents,rules,and regulations shall be dratted by the Applicant, submitted to the Town Attorney's Office and Zoning Board of Appeals Office for review and approval prior to any application for a building permit. The documents as approved by the Town Attorney's Office must be recorded at the Barnstable Registry of Deeds, and a recorded copy submitted to the Zoning Boards' file prior to issuance of any building permits. 42. The Association documents shall not be modified or amended in any way or manner to be - inconsistent with the terms and conditions of this decision. Should a conflict arise between any provision of this decision and any of the association documents, this decision shall control. . The association shall maintain the streets and common landscape within the subdivision and provide for the ownership,operation,replacement and professional management of the wastewater treatment plant. 43. This Comprehensive Permit is granted with the condition that the proposed development is approved by MassHousing and is funded through the Housing Starts Program of the MassHousing and/or the New England Fund Program of the Federal Home Loan Bank of Boston. Any change in the funding program will require a modification of this permit from the Board. No building permits shall issue until the Applicant receives final funding approval from vlassHousing. 44. Of the 124 proposed single-family dwelling units, 31 of the dwellings shall be designated in perpetuity as affordable as that term is currently defined by Massachusetts Department of Housing and Community Development. The sale and resale price of the affordable dwellings shall be calculated based upon a formula under which monthly housing costs, including mortgage payments, taxes, insurance, and association fees. The.price of these dwellings shall not exceed 30%of 70%of 17 MAY. 4.2006 12: 11PN ATTY JOHN"KENNEY N0.9,83 P. 19 Appeal 2005-082-Cotuit Equitable HousirQ LLC Comprehensive Permit-MGL,Chapter 40B the Area Median Income(AMI) of the Barnstable Metropolitan Statistical Area(MSA)and marketed and sold only to income qualified individuals and households with an income that does not exceed 80%of the annual median income of the Barnstable MSA. All of the dwellings shall be made available on a fair and open basis. 45. The affordable dwellings s shall be owned and occupied 1 o u d b ow or moderate income e g p y persons. They Y shall not be rented unless those units are owned by a not-for profit or public agency with the purpose; of providing affordable housing. In that case, said units shall only be rented as affordable units to qualified low or moderate-income tenants whose maximum annual income is not more than 80%of the median income in the Barnstable Metropolitan Statistical Area(SMA). The monthly rent payable by a household inclusive of utilities shall not exceed 30%of the monthly household income of a household earning 70%of the median income, adjusted by household size. None of the dwelling units may be rented for less than a one-year term. This condition shall be included.within the subdivision covenants,property deeds and association bylaws. Subleasing of any unit, if permitted, shall not be less than one year, 46. A monitoring agent, approved by the Town Attorney's Office, shall be retained by the applicant.All costs associated with monitoring for consistency with the Regulatory Agreement shall be borne by the Applicant. 47. The Regulatory Agreement and Monitoring Service Agreement, as prepared,reviewed and approved by the Town Attorney's Office consistent with the terms of this comprehensive permit,shall stipulate that; • The affordability restrictions shall take priority over all financing documents related to this project, • The language establishing an expanded period of time for locating a qualified buyer shall be included. 48. The Board shall require a full 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 or the Town to show that profit made is within the 20% limitation imposed. The Board shall require that the gross proceeds from the sale of the last dwelling or,other cash securities in an amount approved by the monitoring agent and Town Attorney's Office, shall be held by the monitoring agent in escrow until this accounting is certified. Any profit in excess of the 20% . limitation rule shall be governed by the terms of the regulatory agreement. The parties agree to cooperate to complete this audit and certification within 90 days after the sale of the last unit, 49, The applicant shall utilize the Housing Assistance Corporation's Cap: Home.Ownership Center (CHOC) or another agency acceptable to the Town of Barnstable in selecting eligible buyers for the affordable dwellings. 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)residents of the Town of Barnstable,(b) the children and parents of Barnstable residents, (c) employees of facilities within the Town of Barnstable. The Cape Home Ownership Center or other agency is to verify first time homebuyers, in4Q=limitation,asset limitation,and shall undcrtal;.c affirmative rnarke3ting and appropriate lottery procedures for buyer selection, consistent with the teens of this decision. 18 MAY. 4.2006 12:29PM ATTY JOHN "KENNEY NO.989 P.20 Appeal 2005-082-Cotuit Equitablo Housing,LLC Comprehensive Permit-MGL,Chapter 40B 50. The Applicant shall provide"as-built"plans for the roadways, sewers, and utilities to the Zoning Board of Appeals Office upon the completion of the development or phases therein in accordance with the Rules and Regulations of the Planning Board. 51. This comprehensive permit is granted to Cotuit Equitable Housing LLC, Brian T_ Daeey, Manager and shall not be transferable to any other corporation,person or entity without the prior written approval of the Zoning Board of Appeals. 52. 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. 53. 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, Decision on Conditions and Restrictions: The Vote with respect to conditions and restrictions was as follows: Aye: Randolph Childs,James R. Hatfield, Gail C.Nightingale, Ron S. Jannson, Daniel.M. Creedon Nay: None Relief/Waivers Granted: Motion: The applicant has requests a number of waivers'and variances from the Zoning Ordinance and from other applicable regulations. 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 Nvith the following section of the Code of the Town of Barnstable: . 1. Section 240-13(E)Bulk Regulations; Minimum Lot Area to permit lots ranging froth 8,700 to 18,800 sq.ft. to be used for single-family detached residents,Nlinimum Lot Frontage to permit a minimum of 20-foot roadway frontage for developable lots, Minimum Front Yard Setback reduced to 20 feet and Minimum Side and Rear Yard Setback to be reduced to 10 feet for all lots,. 2. Section 240-36(D) Resource Protection Overlay District Minimum Lot Area of two-acres. 3. Section 240-7(D) Lot Shape Factor. 4. Section 240.7(B) to permit common lots to be used for a wastewater treatment plant and for.related association accessory uses including open space,recreation; common parking, drainage and infiltrations, irrigations welts, landscaping,lighting, landscaping, signaae,bus stops, or other shelters. 19 s MAY. 4.2006 12:24PM ATTY JOHN`KENNEY NO.983 P.21 Appeal 2005-082-Cotuit Equitable Dousing,LLC Comprebensive Permit-MGL,Chapter 40B 5, Section 240-35 Groundwater Protection Overlay District regulations only to the extent that 20% of the site shall be retained in its natural undisturbed state when 30% is required. 6. Section 240-110 to 122 Growth Management only to the extent cited in Conditions 38 and 39 above. 7. Section 801-12(B) Minimum Right-of-Way to permit a 40-foot wide Right of Way for the looped roadways and cul-de-sacs roadways. 8. Section 801-18 Environmental Analysis Form.. 9. Section 801-24(A) General Provision for filing and(D) Review Board of Health and(F)Review by Other Officials are waived only to the extent that those subdivision requirements have been satisfied by this comprehensive application and review. 10. Sections; 801-26 Streets, 801-29 Sidewalks,and 801-30 Curbing& Berms to permit: • The roadways within the subdivision are to be paved to a width of 18-feet and 1-foot Cape Cod berms installed on each side,except the main 50-foot right of way that shall be paved to a width of 20 feet and I-foot cape cod berms on each side. • Sidewalks shall be required only along the main entrance road from Noisy Hole Road and along the larger of the looped roadways as shown on the plans submitted. They shall only be required on one side and may abut directly with the berms. • Sidewalks shall not be required outside or adjourning the project. 11. Section 801-35(F) To permit the fire hydrants to be located on the same side of the roadway as the sidewalk is located. 12. Section 801-49 Street tree requirement to reduce it to every 30 feet and to permit existing trees of a 4- inch caliber that are preserved in conformity to that spacing,requirement to count as satisfying the requirement. Decision on Waivers: The Vote with respect to waivers was as follows: Aye: Randolph Childs,James R. Hatfield, Gail C.Nightingale, Ron S. Jannson, Daniel M. Creedon Nay: None Waivers of Fees: Motion: With respect to Town fees ,a motion was duly made and seconded that the Zoning Board of Appeals does not waive any local fees applicable to the development. 20 MAX. 4.2006 12:24PM ATTY JOHN'KENNEY N6.983 P.22 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 408 Decisions on Fees: The Vote with respect to fees was as follows: Aye: Randolph Childs, James R. Hatfield,Gail C.Nightingale, Ron S. Jannson, Daniel M. Creedon Nay: None i Ordered: Comprehensive Permit 2005-82 has been granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in three years. Appeals of this decision, if any,shall be made to the Barnstable Superior Court pursuant to M.G.L. Chapter 40A, Section 17,within twenty days after the date of the tiling of this decision in the office of the Town Cle e licant has the right to appeal this decision as outlined in M.G.L. Chapter 40B, Se ' n 22. Daniel M. Creedon,Acting Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County,Massachusetts,hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk, ' Signed and sealed this day of _ under the pains and penalties of perjury. , Linda Hutchenrider, Town Clerk ' 21t �'(HE Sign BARNSTABLE. TOWN OF BARNSTABLE Permit MASS. Permit Number: Application Ref: 200707998 20070110 Issue Date: 12/14/07 Applicant: WESSON, LEE & VICTORIA TRS Proposed Use: DEVELOPABLE LAND Permit Type:. SIGN PERMIT Permit Fee $ 25.00 Location 9999 FALMOUTH ROAD/RTE 28 Map Parcel 002002 Town COTUIT Zoning District SPLT Contractor PROPERTY OWNER Remarks TEMP CONSTRUCTION SIGN 24 SQ COTUIT MEADOWS Owner: WESSON, LEE & VICTORIA TRS Address: C/O HANEY, WILLIAM R SR 415 BEACON ST SUITE #2 BOSTON, MA 02115 Issued By: p POST THIS CARDSOITHAT. S"vISIBLE FRAM THE STREET Town of Barnstable ' . �FTNE Regulatory Services ti 4 [,p " Thomas F.Geiler,Director A '" MASS. " Building Division 1�01 D EC v Mnss g 1639.. p Mpg ae Tom Perry,Building Commissioner ' At g; 3 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us —•...,,. . Office: 508-862-4038 Fax: 508-790-6230 Permit# 6-2 00 / 6 7 / 9 S Application for Sign Permit Applicant: /J YS ' Map &Parcel# O0 d-. / D O 2— a . /' Doing Business As: Telephone No. �(/ Sign Location R® `,` R �g p 0�� Street/Road: l/ p� D =�`C Zoning District: ►` r Old Kings Highway? >4s/No Hyannis Historic District? IRs/No Property Owner . Name:10T0JT L601-7 & M05/eI�� L�-C Telephone: � 7 Address: P o . Boy ''5- Village:C9 i 2V� Sign Contractor r Name: S J G N - '/ T Telephone: fi b — �77 5 a 5-6�. Mailing Address: �'� � to 6 14 Y 117✓Ald-S Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? YiXNo (Note:If yes, a wiring permit is required) t � Width of building face _ft.x 10= x.10= Sq.Ft.of proposed sign�� I hereby certify that I am the owner or that I have the authority of the owner to make this application,that the information is correct and that the use and construction shall conform to the provisions of§240-59 through §240-89 of the Town of Barnstable Zoning Ordinance. Signature of Owner/Authorized Agent: 0 ° Date: f Z Q7 Permit Fee: Sign Permit was approved: Disapproved: Signature of Building Official: Date: In order to process application without delays all sections must be completed. Q:I YPFILESWGNSWGNAPP.DOC Rev.9112106 t LOf 28 LOf 27 klggp� Laf 28 /' lar 24 LOT 2S . - Lof 30 LOT 22 LOT 31 Laf 56 �� '�,_ LOT 20 - , LOT 19 LOT56 LOT 74 LOT� � LOT 18 .. LOT 55 ✓ 't �� ,``_` LOT 17 SPACE LOT 33 LOT o� / LOT 73 / � °� l0T 76 LOT 78 Lar,� LOT 19 _ Lar 34 y� Lar 81 LOT 72 LOT 81 LOT,5 r LOT 35 .LOT 82 Laf 83 � J, LOT 77 LOT 79 LOT 62 LOT S8 i� 'LOT 70 '.LOT 82 LOT 14 LOT 84 - - Lar 51 LOT aI I PHAS . LOT 37 ' Lar 89 LOT 94 Lar 93 LOT 92 1 : LOT 85 i' LOT 13 . . Lor 50 LOT.; fr ((J . ' L07 Be LOT 91 I `a. - OPEN SP LOT 49 lA'f� 'I' LOT 95 �` '-� k. LOT 90 ;,Lar189 ,lar LOT 67 LOT 98 Lar 98 - -- LOT 87 :I LOT 11 P�R"`(�� LJ•I �U<V LOT 48 LOT� LOT 99 � ��. . 1pLOT 39 LOT 100\ .� " lAT 97 . LOT io1 FIAT 117 1,- - . LOT 10 LOT 115 iLar 103 Lar 39 '\ LOT 118 LOT 113 OPEN SPACE / LOT 48 LOT 114 AM�,04 Lai 11B �• _. 112 LOT 8 �`+ Z �T LOT 45 LOT 120 t. LOT 106 :LOT 7 - SvLI P14AS II Lar 121 1AT 107 / / , /t - Lar 41 -Lof 44 a y `` LOT 110 LOTS . Lar 122 LOT,08 . . LOT 42 � /r Lar 4 LOT 123 LOT tog ' LOT S - PARK 43 . - - - LOT 124 I LOT 2 LOT, 0�/'��05( OPEN l" ' u 28 FAUO ON,9OW - - 4+00.92 . Ax _ 1 \ STORM WATERUANAGEUENT FACILITY #6 Ilk Ak teals ' !.; FOR DETAIL INF 2J. PROPOSED WAT t. DRAINAGE SEE SHEETS r is- f, rW w Owosso sum— NO w --- w APPROXIMATE LOCATION OF EXISTING GATE � ............... °'�............ ~ TIE PROPOSED 12" WATER MAIN NTIO FXI.S 20oe OT Meg,"Mawn, I EAD.OWS . B A R . N S T A B L E A Unique Neighborhood o Fine New Homes r a g f ■ Fitness Trails - Sidewalks ' ■ 4 Acre Park,- Open Space Home Sites ■ Energy-Saving Construction < -- ■ Low Down Payments - Fixed Mortgages '� � Y ■ Prices Starting at $365,000 ,� www.cotuitmeadows.com or call: 508 771-1040 - Bayside Building, Inca "Quality 2-o Live By" TIME ram, Town of Barnstable Regulatory Services + &AWNSTAUM + 9 Mass m°i Thomas F. Geiler,Director �A i63q. �0 rev�r►'�s Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 SIGN PERMIT REQUIREMENTS 1. A photograph showing the existing facade, on which has been indicated the proposed sign location. The photograph is to include a portion of adjoining stores or building. For a proposed building or new facade, an architect's elevation may be submitted in lieu of a photograph. 2. A scale drawing of the proposed sign. A scale drawing indicating: 1) The type of proposed sign(wall, hanging, free standing) 2) Dimensions of the proposed sign and any designs, logos, or lettering 3) A cross-section with dimensions showing edge detail. Minimum scale 1"= 1'. Minimum sheet size, 8.5 x 11". 3. A scale drawing of the bracket. A scale drawing indicating dimensions, color, materials and method of affixing it to the sign and to the building. Minimum scale 1"= 1'. Minimum sheet size, 8.5 x I P. 4. A completed Town of Barnstable Sign Application, including scaled diagram showing location of sign on building or location of free-standing sign. Show dimensions. 5. The width of the building face. NOTE: the map/parcel number is required on the application. SIGNS/SIGNREQU APR-1-0-2007 09:35A FROM:BAXTER NYE ENGINEERI 1-505-771-7622 TO:eIS087906230 P.2 f - BAXT'ER NYE ENGINEERING & SURVEYING Registered Professional Engineers and Land Surveyors rips 78 North Street,3`d Floor,Hyannis,MA 02601 Tel:(508)771-7502 Fax:(508)771-7622 April 9,2007 10 Mr. Arthur Traczyk,Principal Plamer Town of Barnstable Planning Division 200 Main Street Hyannis,Ma.,02601 Re: Appeal 2005-092=&otujt Equitable I � ctng_ 9�39 Pstainouth_Road(Route 18) i>taiit;M ? Cotuit Meadows(a.ka. 9—chr�shh w-Village) - 124 lot subdivision Dear Mr.Traczyk: As follow up to our conversation today,please accept this notification that the applicant for Cotuit Meadows is going to start tree cutting for clearing of the proposed road right-of-ways this week. The alignment of'the road layout is in accordance with the approved Comprehensive Permit Flan. Please do not hesitate to contact me with any questions or comments. Thank you. Very truly yours, Baxter.l ye Engineering&S"rveying Mat w Eddy,P.E. Managing Partner Cc: Mr.111lomas Perry,B-iilding Commissioner (® Mr.Robert Burgmann,P.E.,Town Engineer Mr.Brian Dacey Mr.John Kenney,Esq. File [}120M2005-214'ADMi�ALETTERS0004-214 12 ATra=yk road dearing.doo Land Surveys ® Site Design e Subdivisions o Septic Oesign a Wetland Filings « Planning Assessor's map`and lot number *THE Sewage Permit number ........ ... ................ .......... . SAWAS&STABLE, • • House number .................. ........ ........................ 2639. TOWN OF BARNSTABLE BUILDING INSPECTOR . APPLICATION FOR PERMIT TO ...... ........0//.......0 ............................................ TYPE OF CONSTRUCTION ........&.k-.eW2q..... ........................................................... ...........f:... ......................... 19 , TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to--the following information: Location ........ .......... .........16 R9 V, ....... .... ....... ?�6 �.?w Proposed•-Use ....... ............................................... Zoning Digfhct .... . ........Fire District ...... .................................................... ...... ..... ........................................ - _.S i .Name of Owner ......................Address s.1.9.... .... . ow. ....... 19 Name of' Builder �9 .........Address ...... ...................... Nameof Architect ... ...........................................................Address .................................................................................... rr Numberof Rooms ........... .....................................................Foundation .... .... .......r ................................................. Exterior ...... .................................................Roofing ........ ............................................. ..........................................Interior ........:�l Floors ......... ..... .............................................. Heating .....4n:�... ....... ro q-s. ....Plumbing ........ ........................................................... Fireplace ........ ...........Approximate Cost .......... ...� )ZD(90 ..........,........................... Definitive Plan Approved by Planning Board _____________-------------------19--------- Area ....�..7............................. Diagram of Lot and Building with Dimensions Fee .... ......................... SUBJECT TO APPROVAL OF. BOARD OF HEALTH • 'i J l� �n'�,�J,,r' ?tom . OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS 1 hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ....... .......... ........................................................ Construction Supervisor's License .............................. A HOSTETTER, DANIEL A� A--009-021 No ...30652 Permit for ... ...Story............ ............Single Family Dwelling 4 74 Location -4:8:5:S Route 28 ............................................ Cotuit ............................................................................... Owner ..Daniel Hostetter ................................................................ Type of Construction ......Frame ........................ .... .. .. ............................................................................... Plot ..................... ...... Lot ................................ Permit Granted .... 22 87 ..... ..... .............19 Date of Inspection ....................................19 Date Completed ...............19 1 � �� r ; E � ao CL - - — — - - - - 4. 2 Alpz - - - - - - p - - - - o � MA INE — 4-. y KQ) �O , • � �° ,gyp Off. 4J T v v0 + I c ti � � _____-- '_"__— � ,�O � � �, � PT=33+23.19 O I PC=5+39.85FM U FM FM �� G 4�00 </ ti �� ` + I l o STORM ATE�i � �� 'G�� FAGIUTY #1 O� I - ��MANAGEME SEE INSET HEREON T os� Ln oo` z 8' GRAVEL WAY mom PT=3+775.50 \ PC=35+07.22 4-1 co U 14, / o �� r s os \ o� / STORM WATER y S Q S/O/V '/ MANAGEMENTFACILITY #4 i .� � Y � � ` � B Y o RED � � S � z STOFAI WATER / — _ ��" Pc•1 \ S MANACEMEINT �F, �'�J��` U FA�C 1L1TY #7 / — o (p 4+00.92 / o w 3 00 4+00 S + S WASTEWATER N W ,rJ .4 TREATMENT AREA r. (DESIGN BY OTHERS) x y •�\ STORM WATER �,� � �N;� s o0 `~ MANAGEMENT ,fie, �o x Alb pc� '� FAGILIT�! #6 S , iq �,�X O - �� . SITE LOCATION �I X Q v/ • � v�. %�' � �- 9999 Falmouth Road (Ra�utl 3) X°° \ •�• ` / �� -Barnstable Massachusetts /41 PREPARED FOR AO C' Op _ {� a P. 0. Box95 Centerville, 1J,� ., 02632 Oa. �? 3+0a TITLE STORM WATER • MANAGEMENT 0� 9 � �0��. blaster UtilityPlan FAGIEITRd #5 FOR DETAIL INFORM.;T ION ON PROPOSED WATER, :�tWER AND BARTER NYE ENGINEERING & SURVEYING DRAINAGE SEE PLAN AND PROFILE SHEETS Registered Professional Engineers and Land Surveyors $q 78 North Street - 3rd Floor, Hyannis, Massachusetts 02601' a i Phone (508) 771-7502 Fax - (508) 771-7622 AAATTHEW 7•:' y w T �4= \ �v 943�18. _ 50 0 50 100 INSET SCALE W FEET �'' rri P p,CE SCALE: 1" = 50' I _; SCALE. 1" = 50' f I PROPOSED 12" WATER LINE. TIE INTO EXISTING' 12" WATER LINE IN — _ _ t2` 7 ` 20' EASEMENT FOR BARNSTABLE AT AMOS ROAD (COTUIT WATER CO.) ,� ..► W �— W _ 20' EASEMER FUTURE ROUTE 28 WIDENING, W FUTURE ROUTE 28 WIDENING, WATER LINE AND UTILITIES a \N WATER LINE AND UTILITIES ti CONTRACTOR TO VERIFY IN FIELD THE LOCATION OF THE EXISTING WATER r. �- W DATE: 03-19-07 W W x F aj W I �, LINE PRIOR TO THE START OF CONSTRUCTION. W — W � _ ---- __ - ---•--- -- --- - ® SDM 6/25/07 ISSUED FOR CONSTRUCTION J HYD 01 SDM 5/2/07 REVISIONS TO NOISY HOLE ROAD ROW Co4cl — — _ _ ROUT. ,28 N FALA )UTff'ROA.D - - - — - - APPROXIMATE im� - La - puw huar�Pear 53 � - - � LOCATION OF EXISTING GATE VAL4- �AfVD CAP. N0. BY DATE REMARKS TIE PROPOSED 12 WATER MAIN NTIO EXISTING WATER LINE DRAWN BY: MTM DESIGNED BY: CHECKED BY: MWE DRAWING NWBER 7 ,::3-- — ---- -- -- ;— ,y -- --- -_,; — ; — ----- -- ,• .___...,, _- ___ ::,�,_-- CONTRACTOR TO VERIFY IN FIELD THE LOCATION = THE EXISTING WATER _. . _ e •' . , •ems' LINE PRIOR TO THE START OF CONSTRUCTION. 0: 2005 05-214 CIVIL PLOT 2005-214-UTIL-MP.dw p N 2005-214 C