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Home My WebLink About0000 PHEASANT HILL CIRCLE C�PQ/� Sl�fkvr' d4�- B-a 3- / - '� __ . _ J, 11�' 2008 10; 12AM, No 6546 P 1 OF�tiF A R , ABLE Town of Barnstable '; BARNSCABLE, Engineering Division209rIj JUL 17 fj 10 2 °i 367 Main Street, Hvanrus AAA 02601 f1639. �� CFO MA't� Office' 508-862-4088 �Robed `Bu gniann,P.E. Fax: 508-862-4711 Town Engineer For E-811 ADDRESSING$ ROAD OPEN PERMITS, MAPPING: CONTACT: FRANK SCHLEGEL: PHONE: 508-862-4085/SAX: 508-862-4799 NOTE: WEB SITE: http:IItown,barnstable.ma.us To: From: Frank Schlegel, E911 '&Records Manager Fay 720-C 2 3o. Pages. Phone: ate: -7- 1-7^0�' Rey ❑Urgent ❑ For Review ❑Please Comment ❑ PteAse Reply 0 Pleaso Recycle Comments: rJ l'L us. P(�`l�S P ,O Jf O Aj( tL 5 -�� L-0c��+► , P1 L 1 t-! -1 1'l� �1 Sfe5 -�`10�7 l - T5 r�s p l f lJ D o ys, �} l t- 11t ,i �j Ccq.�- ,7Uw / C() r g � I ( 1 r �2� 5 I rJf; jvL AjOkj' j— C► v l Q -�wi yt r beA- m iT- TR IS (tip( QUT 60O PC�� _ t I ' 17y 2008 10: 12AM No ' 6546 P • 2 P arc eIE dit ti' Page 1 of 1 W. �n ,f•M+�rI ::� .�, :.� , .f �4,H+�.�:... A, :��_'.:::: ..N F�^•iro' _ ____ .....Ylllll��i'IY:.A' '�'Tr;, .. t � ��N.;�:YuP4iyln,-_-`C.i'_:".... r ✓ - - _ a�u�,r,::::va i:at.H,YA _ r•,Xa:l=...�'a:,:�i�.S: 1 , _ 1 0-tvlarlr._...:::::::...'• .. S v ra � Logged In As: Thursday; July 17 2003 Frjwk Schingcl Pa rce Application Center Road System Reports Road System The record has been updated.. Parcel Detail ParCCI IDS CI002Q02 . Sewer Acct- 7/R Devel Lot: PART'0 'HAWLEY' L0T Owner: 1COTUIT EQUITABLE HOUSING LLC Co Owner: Street: 11560 FALMOUTH ROAD -SUITE 12 City: ICENTERVILLE State: IAA ; zip, 02632 „ , --------------- Location 340 : JPLEASANT MILL LANE r: ':' village: Gotuit }Y' Road Index: 127`9`�` Pn Frontage: 0�`1�3'1'`'�''� Secondary Road NOISY HOLE ROAD Sec Index: 12340 ? Sec Frontage., 0373 _.._.................._........... Visions Location: 1,9999 E ALMOL1` FIJRROAC7!RT'E 28 Last Updated: �'l17/2008 9:55:32 Alai; --------------- No 61dgs 0 Account No: 37 Lot Size (acres): ,55 State Class 929V Year Added,. 0 Fire Dist- . Z _..._....- ....._....._....._.... _......__..__.._.....,.._-._...._...., Deed Date: 2126/2.007 ' :' Deed Ref: 21F304'/4.1 Land Valuc (2'1(i0�a ' Bldgs Value: 0 Extra Features: Condo Complex: �- ! Building: ti l lf', 2008 10 : 12AM No 6546 P , 3 Z 12,569-* SQ. FT. 0.29t ACRES 1 +fit 48. N s 2 •s 1� v C t N JD 5 0 00 '0023 am , ,) �'..` t.0,00 OPEN SPACE �► �� 51,786f SF IM . 1. -� 38 ' \,.,st ACRES LOT8 3 �� 13 786t SF kp 0.3�± ACRES o c7 eI 41 �'. 32�1• w a . . u �N LOT- 39' 14,042f SF 0.32t ACRES Jul 1 2006 10: 13AM No • 6546 P ' 4 �vvo 0:41AIV ivo. du4O r. 1 PHASEY a�A �.24 20'°toe� amo9 23/Z2 , 2 i� 20 i i AAA ,T`//-��/�r�-� �GQOaL{00 9�7: ' i�73. i5• / yp. ' A7 MEADOWS V 1 I S �m 33 lava 6G ' 73 J ; • i ••'cL(}�w,- !`�r-•-- �� JJJ... eeug a ua1R �(„ 9�zaF 76 i 7Z 8fl �^' S5 �._'1 �/ 11/1RNSTAHLE d �34 53 j 35 Rm s 62 71',' ^�r ��1; 33 _ _ _. ■Ai:asbble Bucket&Goll r 4 "�d 52 �¢+�s� Ea 77 p9 %/ ; 1:__ fy"S:J37 �� 7�. ' ��_\ �. ,''1 82 �: 3d i4 ■Mashpee C=mons Shopping t 1 Q rL�g y mF• 94 93 i \ = .Z�� 13 � ■ 12 Ate%of 5 e so .sa ! 85 1 N e� 12 1 -Four Acre Park 40. ' + 95 / 90 ;89 II EB %�.86 `-�� ■ Sdrle..'aIkswErhs¢eeELishdns a gT •.: 98 pare :n ems. .•� 9S'i BRoait iaMe '/ 87 ■ EoeSav�g c�nsmwrion avwsF' 71$ �/a7 i 1C0 47 117.,. / J; 1 1 b1 1102/ ■ Euy Llving floor pLms ,spas• 19 4a' p 1;9 46 i 112 ) 108 \ T\ 107 8 �f �U[T Q78F BF '� •wwnr.7w YL: logK 12242 log 43 �aR' l sbdII�CrrZa %tome➢ _\ 2\ c�wora d .w KE0-F,*w NW eHe�uks 28 ROUTE ,v^-c '•,yam- - M+mclsSmad ' Pat►IOU7W &/eZ7 e l RoadEEngin-eering Page 1 of 2 ellY C' Logged to As: �� , Wednesday,May 72008 F rank Schlegel Application Center Road System Reports Road System Search Options 00;L' Search By New Parcels by Road NameAj Road Name PHEASANT HILL CIRCLE Village Cotuit <Prev Nexk> Page 1 of•1 Add Record Parcel Location Village 002002058 0 PHEASANT HILL CIRCLE--- LOT 58 COTUIT 002002109 0 PHEASANT HILL CIRCLE---LOT 109 COTUIT 002002087 0 PHEASANT HILL CIRCLE--- LOT 87 COTUIT 002002103 0 PHEASANT HILL CIRCLE--- LOT 103 COTUIT 002002 0 PHEASANT HILL CIRCLE--- OPEN SPACE COTUIT 002002039 0 PHEASANT HILL CIRCLE---LOT 39 COTUIT 002002001 22 PHEASANT HILL CIRCLE---LOT 1 COTUIT 002002002 32 PHEASANT HILL CIRCLE--- LOT 2 COTUIT 002002.108 37 PHEASANT HILL CIRCLE ---LOT 108 COTUIT 002002003 40 PHEASANT HILL CIRCLE ---LOT 3 COTUIT 002002107 45 PHEASANT HILL CIRCLE ---LOT 107 COTUIT 002002004 48 PHEASANT HILL CIRCLE --- LOT 4 COTUIT 002002106 57 PHEASANT HILL CIRCLE --- LOT 106 COTUIT 002002005 58 PHEASANT HILL CIRCLE---LOT 5 COTUIT 002002006 64 PHEASANT HILL CIRCLE--- LOT 6 COTUIT 002002105 65 PHEASANT HILL CIRCLE ---LOT 105 COTUIT 002002007 74 PHEASANT HILL CIRCLE ---LOT 7 COTUIT 002002104 75 PHEASANT HILL CIRCLE---LOT 104 COTUIT 002002008 82 PHEASANT HILL CIRCLE---LOT 8 COTUIT 002002009 90 PHEASANT HILL CIRCLE---LOT 9 COTUIT. 002002010 98 PHEASANT HILL CIRCLE ---LOT 10 COTUIT 002002011 114 PHEASANT HILL CIRCLE---LOT 11 COTUIT 002002086 115 PHEASANT HILL CIRCLE--- LOT 86 COTUIT 002002012 , 122 PHEASANT HILL CIRCLE--- LOT 12 COTUIT 002.002085 . 129 PHEASANT HILL CIRCLE ---LOT 85 COTUIT 002002013 130 PHEASANT HILL CIRCLE---LOT 13 COTUIT 002002014 140 PHEASANT HILL CIRCLE ---LOT 14 COTUIT 002002084 141 PHEASANT HILL CIRCLE LOT 84 COTUIT littp://issgl2/Intranet/P.ropdata/RoadEngineering.aspx 5/7/2008 J. RoadEngineering Page 2 of 2 f 002002015 144 PHEASANT HILL CIRCLE--- LOT'15 COTUIT 002002016 150 PHEASANT HILL CIRCLE ---LOT 16 _ COTUIT 002002083 153 PHEASANT HILL CIRCLE--- LOT 83 COTUIT 002002017 164 PHEASANT HILL CIRCLE---LOT 17 COTUIT 002002082 165-PHEASANT HILL CIRCLE---LOT 82 COTUIT 00200208/ 169 PHEASANT HILL CIRCLE ---LOT 81 COTUIT i . 002002018 172 PHEASANT HILL CIRCLE --- LOT 18 COTUIT 002002080 179 PHEASANT HILL CIRCLE---LOT 80. COTUIT 002002019 180 PHEASANT HILL CIRCLE---LOT 19 COTUIT 002002078 187 PHEASANT HILL CIRCLE--- LOT 78 COTUIT 002002020 188 PHEASANT HILL CIRCLE- LOT 20 COTUIT 002002079 195 PHEASANT HILL CIRCLE---LOT 79 COTUIT 002002021 196 PHEASANT HILL CIRCLE---LOT 21 COTUIT 002002077 197 PHEASANT HILL CIRCLE--- LOT 77 COTUIT 002002076 199 PHEASANT HILL CIRCLE--- LOT 76 COTUIT 002002022 206 PHEASANT HILL CIRCLE----LOT 22 COTUIT 002002075 207 PHEASANT HILL CIRCLE--- LOT 75 COTUIT 002002023 216 PHEASANT HILL CIRCLE---LOT 23 COTUIT 002002024 222 PHEASANT HILL CIRCLE --- LOT 24 COTUIT 002002025 232 PHEASANT HILL CIRCLE---LOT 25 COTUIT 002002026 240 PHEASANT HILL CIRCLE---LOT 26 COTUIT 002002027 248 PHEASANT HILL CIRCLE --- LOT 27 COTUIT 002002028 254 PHEASANT HILL CIRCLE--- LOT 28 . COTUIT 002002057 255 PHEASANT HILL CIRCLE--LOT 57 COTUIT 002002029 258 PHEASANT HILL CIRCLE ---LOT 29 COTUIT 002002030 266 PHEASANT HILL CIRCLE---LOT 30 COTUIT 002002056 267 PHEASANT HILL CIRCLE---LOT 56 COTUIT 002002031 276 PHEASANT HILL CIRCLE --- LOT 31 COTUIT 002002055 277 PHEASANT HILL CIRCLE--- LOT 55 COTUIT 002002032 286 PHEASANT HILL CIRCLE---LOT 32 COTUIT 002002054 287 PHEASANT HILL CIRCLE ---LOT 54 COTUIT 002002033 294 PHEASANT HILL CIRCLE---LOT 33 COTUIT 002002053 295 PHEASANT HILL CIRCLE ---LOT 53 COTUIT 002002052 301 PHEASANT HILL CIRCLE --- LOT 52 COTUIT 002002034 302 PHEASANT HILL CIRCLE---LOT 34 COTUIT 002002035 310 PHEASANT HILL CIRCLE---LOT 35 COTUIT 002002051 311 PHEASANT HILL CIRCLE ---,LOT 51 COTUIT 002002036 318 PHEASANT HILL CIRCLE--- LOT 36 COTUIT 002002050 325 PHEASANT HILL CIRCLE--- LOT 50 COTUIT 002002037 328 PHEASANT HILL CIRCLE ---LOT 37 COTUIT 002002049 341 PHEASANT HILL CIRCLE ---LOT 49 COTUIT 002002038 350 PHEASANT HILL CIRCLE--- LOT 38 COTUIT 002002048 351 PHEASANT HILL CIRCLE --- LOT 48 COTUIT 002002047 361 PHEASANT HILL CIRCLE---LOT 47 COTUIT http;//issgl2fIntranet/Propdata/RoadEngineenng.aspx 5n/2008 RoadEngineering Page 1 of 1 ,tire r. Logged In AS: Wediiesda Jul Frank Schleyel Road Sys}e m y V 16 2008 Application Center Road System Reports Road System Search Options Search By New Parcels by Road Name Road Name Osprey _—............. ....... ._-.-..... — Village All Villages <Prev Next> Page 1 of 1 Add Record Parcel Location Village 002002040 0 OSPREY DRIVE ---lot 40 COTUIT 002002046 0 OSPREY DRIVE---LOT 46 COTUIT 002002074 6 OSPREY DRIVE---LOT 74 COTUIT 002002073 12 OSPREY DRIVE ---LOT 73 COTUIT 002002059 19 OSPREY DRIVE ---LOT 59 COTUIT 002002072 20 OSPREY DRIVE .--LOT 72 COTUIT 002002060 29 OSPREY DRIVE---LOT 60 COTUIT 002002071 30 OSPREY DRIVE--- LOT 71 COTUIT 002002061 37 OSPREY DRIVE--- LOT 61 COTUIT 002002070 38 OSPREY DRIVE---LOT 70 COTUIT 002002062 45 OSPREY DRIVE--LOT 62 COTUIT 002002069 50 OSPREY DRIVE ---LOT 69 COTUIT 002002063 51 OSPREY DRIVE --- LOT 63 COTUIT 002002064 _ 59 OSPREY DRIVE ---LOT 64 COTUIT 002002068 60 OSPREY DRIVE---LOT 68 COTUIT 002002065 67 OSPREY DRIVE ---LOT 65 COTUIT 002002067 68 OSPREY DRIVE---LOT 67 COTUIT 002002066 87 OSPREY DRIVE -- LOT 66 COTUIT http://issq]2/lntranet/Propdata/RoadEnginecring.aspx 7/16/2008 r RoadBrrgineering Page 1 of 1 p.- r.� .�^'. vre"Z'z� ,. . x -rai;t!.� , "jF. FrankLogged in eg Road System Wednesday,May "I 2008 Frank Schlegel i Application Center Road System Reports Road System Search Options Search By New Parcels,by Road Name Road Name JSPRING BROOK LANE .I Village Cotuit _............................... <Prev Next> Page 1 of 1 Add Record Parcel Location Village 002002088 16 SPRING BROOK LANE---LOT 88 COTUIT 002002102 21 SPRING BROOK LANE---LOT 102 COTUIT 002002089 24 SPRING BROOK LANE--- LOT 89 COTUIT 002002101 29 SPRING BROOK LANE--- LOT 101 COTUIT 002002090 34 SPRING BROOK LANE---LOT 90 COTUIT 002002100 37 SPRING BROOK LANE--- LOT 100 COTUIT 002002091 46 SPRING BROOK LANE---LOT 91 COTUIT 002002099 47 SPRING BROOK LANE---LOT 99 COTUIT 002002092 56 SPRING BROOK LANE --- LOT 92 COTUIT 002002098 59 SPRING BROOK LANE--- LOT 98 COTUIT 002002093 64 SPRING BROOK LANE ---LOT 93 COTUIT 002002097 65 SPRING BROOK LANE-=-LOT 65 COTUIT ` 002002096 67 SPRING BROOK LANE--- LOT 96 COTUIT 002002094 70 SPRING BROOK LANE---LOT 94 COTUIT 002002095 71 SPRING BROOK LANE --LOT 95 COTUIT http://issgl2/Intranet/Propdata/RoadEngineering.aspx 5/7/2008 RoadEngineering Page 1 of 1 4 ' Y Logged 7n As; �Q a System c Wednesday,May 7 2008 hl Frank Scegel Application Center Road System Reports Road System Search Options Search By New Parcels by Road Name Road Name DOVETAIL LANE Village Cotuit •=Pre.v Next} Page 1 of 1 I Add Record Parcel Location Village 002002124 0 DOVETAIL LANE--- LOT 124 COTUIT 002002117 0 DOVETAIL LANE---LOT 117 COTUIT 002002123 . 11 DOVETAIL LANE---LOT 123 COTUIT 002002110 16 DOVETAIL LANE ---LOT'110 COTUIT 002002122 21 DOVETAIL LANE ---LOT 122 COTUIT 002002111 26 DOVETAIL LANE--- LOT 111 COTUIT 002002121 31 DOVETAIL LANE ---LOT 121 COTUIT 002002112 32 DOVETAIL LANE --- LOT 112 COTUIT 002002113 34 DOVETAIL LANE---LOT 113 COTUIT 002002120 39 DOVETAIL LANE---LOT 120 COTUIT 002002114 40 DOVETAIL LANE - LOT 114 COTUIT 002402119 49 DOVETAIL LANE---LOT 119 COTUIT 002002115 50 DOVETAIL LANE---LOT 115 COTUIT 0020021 16 58 DOVETAIL LANE ---LOT 1.16 COTUIT 002002118 59 DOVETAIL LANE ---LOT 118 COTUIT http://issql2/Intraiiet/Propdata/RoadEngincering.aspx 5/7/2008 RoadEngineering Page I of 1 5 .i"'Z KI r , ].a�? i.N J A Logged In,ts: Road System Wednesday, May'I2UU8 Frank Scitiege! Application Center Road System Reports Road System Search Options ,. . Search By New Parcels by Road Name I Road Name EAGLE LANE i Village Cotuit K ............................... 'arc: <Prev Next> Pagel of 1 ' Add Record Parcel Location Village 002002044 0 EAGLE LANE ---LOT 44 COTUIT 002002045 10 EAGLE LANE---LOT 45 COTUIT 002002041 . 10 EAGLE LANE---LOT 41 COTUIT 002002042 23 EAGLE LANE--- LOT 42 COTUIT 002002043 33 EAGLE LANE - LOT 43 COTUIT L http://issgl2/Intranet/Propdata/RoadEngineering.aspx 5/7/2008 .. i ,, i Barrows, Debi From: Traczyk,Art Sent: Thursday, September 11, 2008 1:09 PM To: Weil, Ruth; Burgmann, Bob; Daley, Patty; McKean, Thomas; Perry, Tom Cc: John Kenney(John@jwkesq.com); John Bowes Qohn@baysidebuilding.com); Buntich, JoAnne; Barrows, Debi; Anderson, Dave; Laura Shufelt Subject: Cotuit Meadows: Folks: This is to bring all up to date on the 40B development"Cotuit Meadows"—Cotuit Equitable LLC. Yesterday the Zoning Board of Appeals did grant part of a modification to the comprehensive permit issued for the development. The developer is moving forward in applying for building permit and occupancy permits for residential units. I still have to draft that modification and update the chart attached. At present 4 building permits have been issued for"model" units only. I have talked to Debby and those permits will now all be converted to permits issued for"market rate units". The applicant has submitted a 5tn permit for an "affordable rate unit" and it is now at Building for review. This permit being that authorized at last nights ZBA hearing for lot#37. The applicant will be looking for the first closing on September 18tn At this point I have reviewed the requirements of the ZBA's comprehensive permit issued (see attached Chart) and will summarize where we are at and what is needed: • Posting of Securities, as per Subdivisions R&R (if any) needs to be looked at by Public Works. John Bowes will be contacting Bob Burgmann on this. Please note that it is only for Phase 1 at this time and cost for the finish coat for roads is waived (see modification decision for revised Condition 33). —And the late news, as I understand it, Bob is OK with this issue. • The applicant has secured a MDEP permit allowing for 10 units to be connected into the waste disposal system no on the property. That permit I understand has been delivered to the Health Division. Therefore Condition No. 30 of the permit is satisfied up to that point of 10 units. • With regards to the Regulatory& Monitoring Agreement John Kenney will be taking with Ruth Weil on it. I anticipate that to be resolved to the point needed for this fifth permit to issue. • Homeowner's association documents have been reviewed by Ruth and some comments have gone to John. I hope to also look at them this weekend. As I understand it John has placed language for future modification if necessary. I think that this will be ready for recording on the 18th., perhaps, along with the closing. I trust that I can take"the proof'of that in thereafter. • Unit permits have been modified last night. The new ratio is that for every 5 building permits, one shall be for an affordable unit and 4 for market rate units. Occupancy permits issue at the same ratio. • The 2 year intersection signalization requirements have been extended to 2012 or to the 100tn unit(which ever comes first). • On the Deed restriction, John will be taking with Ruth. As this is for affordable units, that document may not be needed until they start occupancy permits/transfer of affordable units. Note, that it is up to the applicant to get to you the information you need to complete your reviews and provide you the time needed to make that review. If any of you have concerns or comments please let me know and if you are satisfied, also let me know. Thank all of you for your help. art 1 TempParcelEdit Page 1 of 1 $ e / r, Logged In As: Wednesday,January 162008 Frank Schlegel New Parice I Application Center Road System Reports Road System The record has been updated. New Parcel Detail New Mapparcel: 002 002 Street Number: 0 1 Unit Dev Lot OPEN SPACE Road Name: PHEASANT HILL CIRCLE I T/R: l Sec. Road: IFALMOUTH ROAD/RTE 28� T/R C." Villlage: 07 COtult + Part of M/P: MAP 002 PARCEL 002 Plan Ref: PLBK 617/69-75 (APP 7-62) Date Added: 11/16/2008 11 41:54 AM Updated: 1/16/2008 11:41:54 AM Update ` Delete Add Another',, http://issgl2/Intranet/Propdata/TempParcelEdit.aspx?ID=464 1/16/2008 r IKE a PARNP'rnu. MAP& 1639. Town of Barnstable Zoning Board of Appeals. M.G.L., Chapter 40B Comprehensive Permit Decision and Notice Appea12005-082 Cotuit Equitable Housing" Summary: Granted with Conditions f Applicant: Cotuit Equitable Housing,LLC Property Address: 9999 Falmouth Road(Route 28),Cotuit, MA Assessor's Map/Parcel: Map 002, Parcel 002 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 (25%)are to"be dedicated in perpetuity as affordable units marketed to qualified low and moderate-income households:' Background Information: 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-,l 8, 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 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. 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 Permit pursuant to MGL Chapter,4013 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. 'In 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. I E Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B members hearing this permit were Gail C.Nightingale, Ron S. Jansson, 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 team included., Bruce A. Besse Jr., Site Planner, Barnstable Land Design, Matthew 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 Office 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. 4 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 3' 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 Conditions, Property Survey, and Development Plans-Five plan sheets entitled "128 Lot Subdivision for Cotuit Equitable r ^ Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 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 6.947acres (14%)of the site. e 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: f 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 Shoestring/Popponesset 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`,4013 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. Ori September 06,'2005, a Comprehensive Permit Application was submitted to the Office 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 MGL Chapter 40A, Section 11. The public hearing was opened on September 28, 20051 and continued to November 16, 2005,November 30, 2005,February 15, 2006, March 22, 2006, March 29, 2006 and to 'April 05, 2006,at which time the Board granted the comprehensive permit with conditions. Board 2 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B 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. 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 Chapter 760, Section 30.02, and under MGL Chapter•4013, Section 20-23, and as that term is used by the Commonwealth of.Massachusetts Housing Appeals Committee,to sponsor low or moderate income housing developments as defined in said Chapter 40B, Sections 20-2.3, 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:"„ 4, 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 30-3.1. The Vote with respect to standing was as follows: r 7 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B Aye: Randolph Childs, James R. Hatfield, Gail C. Nightingale, Ron S. Jannson, Daniel M. Creedon Nay: None 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 Mashpee 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"Plan 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 District. 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,_, x which is entitled;"Barnstable Massachusetts 124 Lot Subdivision for Cotuit Equitable Housing, LLC, MassHousing 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.. •_: 8 r-- Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B 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 dwellings are illustrated in a series of plans entitled"Scrimshaw Village Cotuit, Massachusetts - Cotuit 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'] 1,030 sq.ft. Most lots are located within a designated Zone II'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 system 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; . I ounding 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 Oaks' ; 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 mill 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 9 J Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B anticipated traffic would meet the MassHighway "warrants"for the peak 1-hour, 4-hour, and 8-hour volumes for signalizing the intersection. 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 NoisyHole Road,as it borders the applicant's property,as may be requested by the Mashpee Planning Board, i • 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 traffe 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 HangenBrustlin, Inc., Kealey Memorandum. , r 13. Under current zoning, development of the 50.44-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,201Q. To assure affordable units,' are constructed, one(1)'out of ever four(4) building and occupancy permits issued must be for an affordable dwelling. a, 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. 10 e Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B 31. A copy of February 02, 2006, negotiation agenda. 32. A copy of a February 03, 2006 letter from Acting Chairman Daniel M. Creedonto 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 February 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 Keatey 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) pre�pared'by Eric s 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•Sey'mour on signalization. 41. Copy of March 16, 2006 Negotiation Session agenda, 42.,Copy of a proposed draft decision as presented at the March 16th Negotiation session 43. A March 16 letter from Blaise J. Stapleton, Property Manager for Sellback Place Route 28 Mashpee, 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 24, 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 tots upon which affordable units will be located submitted March 29, 2006. 5,1. 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. 6 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B s Housing, LLC Mass Housing and New England 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 --Developers' Profile - • Attachment"Matrix"— A statistical summary of the proposed development. .2. Copies of the September 12, 2005 Transmittal Memorandum from Daniel M. Creedon 111, 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 Dillen,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. Ells, 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, CotuifFire Department; Thomas F. Geiler, 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 School Department. A copy of the application was also delivered to David Rich;Superintended Mashpee Water District. ' 3. A September13, 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 letterfrom 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 Boar&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 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive 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 M. 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 Mashpee to Daniel M. Creedon notifying him that Mr. Robert Nelson, Chairman of Mashpee Zoning Board of Appeals would represent Mashpee at the negotiations. 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. . R 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 "smarter" 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 Hangen 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). , 1. 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. 5 A, Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B • 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 two and one-half bathroom 1,830 sq.ft. • 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: k • A minimum of one shade tree or one flowering tree shall be planted per lot. The tree shall have a 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, % 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. 14 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B • The `Sconset', a one& orie-half-story,three-bedroom,two and one-half bathroom 1,710 sq.ft. • The"Deluxe Dunes"two story,three bedroom, and two and one-half bathroom 1,830 sq.ft. • 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. 4 i T6. Setbacks for all structures including accessory buildings and decks shall be 20-foot front and10-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 d standards: • A minimum of one shade tree or one flowering tree shall be planted per lot. The tree shall have a" 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 r 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, 1.10, 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. 14' Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B • 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 two and one-half bathroom 1,830 sq.ft. • 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 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, 1'15, 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. 14 . Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B • 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 two and one-half bathroom 1;830 sq,ft, • 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 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. h 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 Y 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. 14 r Appeal 2005-082-Cotuit Equitable Housing,LLC a Comprehensive Permit-MGL,Chapter 40B 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 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,assoc,iation 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 million. 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 designee(s) shall.retain control of the Homeowners Association until the 93`d 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 following 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. 15 Appeal 2005-082-Cotuit Equitable Housing,LLG Comprehensive Permit-MGL,Chapter 40B • Evidence of final funding'approval from Mass Housing. 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: • Theunit 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. 1 t . 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.. 124`h.) shall issue only in compliance with Condition No. - 48 herein. ' 37. With respect 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. 16 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B 38. All building permits i ued shall be included in the counting and number limitations ions 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 permit(s) separate and outside of the limitations imposed in 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 the 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 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 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 wastewatentreatment plant. 43. This Comprehensive Permit is granted with the condition that the proposed development is approved byMassHousing and is funded through the Housing Starts Program of the Ma ssHousing'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 MassHousing: 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 17 y, Appeal 2005-082-Cotuit Equitable Housing,LLC ' Comprehensive Permit-MGL,Chapter 40B a ' and Community,Development. The sale and resale price of the-affordable dwellirigs"shall'be U calculated based upon a formula under which monthly housing costs,3 including mortgage payments, taxes; insurance, and association fees. The price of these dwellings shall-not exceed 30%of 70% of 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'dwellingsashall be�made ' available on a fair and open basis. : 45. The affordable dwellings shall be owned and occupied'by low or moderate'in'come persons.`They shall not be rented unless those units are'owned by not-for profit or`public agency with the purpose of providing affordable housing., In that case; said units shall only be rentedas affordable units to �. ,; qualified low or moderate-income.tenants whose maximum annual income is not more than80% of the median income in the Barnstable Metropolitan'Statistical Area(SMA). .Th6 monthly-rent payable ' xv rs , 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 thana 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. t 46 A monitoring agent; approved by,the Town Attorney's 0ffice,'shall be retained by the applcant;,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 tothis t project. ,• 3 '- -. • The language,establishing an expanded period of time for locating a qualified buyer shall be included:, sr.. 3 48. The'Board shall require a full audit and certification of total development costs and total revenues;, bra , on a federal income tax basis, prepared and certified by a certified public accountant acceptable,t the monitoring agent'or the Town t'o'showYthat profit made is within the`20% limitation` mposed. 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 Attorneys 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 Cape Home Ownership Center (CHOC)or another agency acceptable to the Town4of 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 regulation's or the subsidy'program. This local preference refers to persons or families who are either(a) residents of the Town of Barnstable, (b) ' a•a. the children and parents of Barnstable residents, (c) employees of facilities within the Town of 0 Appeal 2005-082-Cotuit Equitable Housing,LLC t Comprehensive Permit-MGL,Chapter 40B Barnstable. The Cape Home Ownership Center or other agency is to verify first time homebuyers, income limitation, asset limitation, and shall undertake affirmative marketing and appropriate lottery procedures for buyer selection, consistent with the terms of this decision. 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. Dacey, 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 TM 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 hereirl'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: a 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 with'the following section.of the Code of the Town of Barnstable: 1. Section 240713(E) Bulk Regulations-, Minimum Lot Area to permit lots ranging from 8,700 to 18,800 sq.ft. to be used for single-family detached residents, Minimum Lot Frontage to permit a minimum of 20400t roadway frontage for developable lots, Minimum Front Yard Setbackyeduced to 20 feet and Minimum Side.and Rear Yard Setback to be reduced to 10 feet for all.lots. 2. Section 240-36(1))Resource Protection Overlay District Minimum Lot Area of two-acres. 3. Section 240-7(D)Lot Shape Factor. 19 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B 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 wells, landscaping, lighting, landscaping, signage, bus stops, or other shelters. 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 1-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. q. f 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: 20 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B 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. Decisions on Fees: The Vote with respect to fees was as follows: y Aye: Randolph Childs, James R. Hatfield, Gail C. Nightingale, Ron S. Jannson, Daniel M. Creedon Nay: None " 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 filing of this decision in the office of the Town Clerk. The Applicant has the right to appeal this decision as outlined in"M.G.L. Chapter 40B, Section 22. e Daniel M. Creedon, Acting Chairman Date Signed. ° J 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 .21 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B , • 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, • Sheet-2 of 3,Utilities Plan, and a 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 cul-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. L 5. 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 be finished, and be in conformity with the terms and conditions of this decision and to guarantee that the site will be restored to a natural and safe 12 Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B _ 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 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 run-off. 10. The applicant shall exercise best efforts to retain existing deciduous and evergreen trees between 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 Mashpee. 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 account with MassHighway requirements and standards. 13. The design plan for the signalized intersection and turning lane shall be 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" lastrevised 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. _ • 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. I3' a Appeal 2005-082-Cotuit Equitable Housing,LLC Comprehensive Permit-MGL,Chapter 40B 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 long-term affordability of units for - persons of low and moderate income. The Board finds that this proposal set aside 31 units in 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: 1. The proposed development is limited to i 24 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(MSA)and priced by calculating monthly housing costs, including mortgage payments, taxes, insurance, and association fees. These costs shall not exceed 30% of 70% of the Area Median.lncome (AMI) of the Barnstable MSA. Iwall 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; it � � Cotuit Equitable Chart on Permit Flow& Requirements Art Traczyk-File:Q—ZBA—ZBA Chapter 40B-Cotuit Equitable Chart of Completion.doc Revised Draft as of 08-03-08 Note: Centered Numbers Refer to Permit Condition Numbers Shaded Items-are completed SU�t�lvlg0(1t Pre- I an Development ea ment �norsed' First 4 Units Model Units Only as per 3,Markets& 1 Affordable 10 Temporary Occupancy permit as model units no Modification2 residential occupancy permit until all'Before Building Permits'&'Prior to any Occupancy Permit'completed. Before any Post security MDEP Permit DPW review Executed Homeowners Proo of frnal Record& building for lot if issued copy. &approval of Regulatory& Association fia�iding a;; CopytoF�1e permit necessary to file , V1I1I1rfS Monitoring document approval { mPermlt as per Sub. 30 30 Agreement Approved by Y 30A 43 Subdlvislon a R&R 31 a below TAa ptl 8 31 = Reg.ulato'ry - co . py to file agreement & Recorded 6 7 4 above '= " � .�. 31 414 above Unit Permits For each 3 For each 3 Last - building Occupancy affordable :='permits 1 permits 1 occupancy ' shall be shall be prior last 3 affordable affordable market 39 39 39 Discussion of Subdivision Layout w/Burgmann—.10-23-06 on Road Layout,3-7-07 on Road Names-05-09-07,Subdivision Plan reviewed for Board's endorsement-OK for endorsement— Endorsed by Board on May 8,2007. z Note: On June 6,2007 ZBA issued Modification of Conditions 30&33 to allow 4`model units prior to issuance of a MDEP permit regarding Wastewater Treatment&temporary occupancy permits for the units as models only. This Modification also included Condition 13 allowing two years to initiate design& permitting of intersection for Route 28&Noisy Hole Road. s Condition modification discussion 05-02-07-two part permitting first 30 units on common Title 5(by BOH)then to WWTS @31 units(by DEPE). Approved by Board as per Modification(see footnote 2). 4 Staff understands this has been OK by TA(check and verify) -01-16-08 Discussion with John Kenney,Regulatory Agreement will be recorded. Lottery Agreement first signed by Applicant, Mass Housing&Town. Second Lottery Agreement.wanted byCHAPP and RAC that is still to be drafted and signed. Copies of recorded Regulatory Agreement(book 21804 page 79)& Monitoring Agreement(book 22608 page 82)submitted 01-17-08. s Final Approval Letter dated March 5,2007 from"MassHousing submitted to file April 2,2007(MassHousing Housing Starts&/or New England Fund Program) 6 Comprehensive Permit Recoded in Book 21059 page 158—copy to file on January 10,2007.. y 01-15-08 Subdivision Plan Recorded in Plan Book 61.7 pages 69 to 75.(copy added to file). 2-Year of Design Plan for signaled Mass Highway Permits Permit issue intersection completed applied for 6 9 13 - 13 Prior to any -;Unit Connected to Public Recorded occupancy , water Deed Permit &WWTS as per DEP Permit Restriction 33 TA approved 34 Upon transfer Home- Road of first unit owners. k Common Lots Association Transfer to created Association 40 _ 40 Before Control .. w transfer of the home own 93`d unit Ass. Transferred ' 29 Upon transfer of 93rd unit Upon Last Escrow As Built Plan Full Audit& - Completion affordable Account-- to ZBA office Certification f within 90 -(transfer of occu anc Established 50 , l P Y 124th unit) prior last 3 before 124th days market unit 48 39 48 , 8 04-03-07 Discussion with Applicant—have initiated design and will request modification of Decision-as DEP and Perpetuity issue took-time to be resolved 9 Note: On June 6,2007 ZBA issued Modification that included Condition 13 allowing two years to initiate design&,permitting of intersection for Route 28&Noisy Hole Road. 10 As of July 8,2008,5 Building Permit applications have been made(3 as Affordable and 2 as Market Rate Units). 3 Building Permits issued(2 as Affordable and I as Market Rate Units). 4