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0310 CASTLEWOOD CIRCLE - Health
Castlewood Circle, Hyannis O A=273 - 032 1 1 I o i II; I f: pTHE Tp,�, Town of Barnstable Regulatory Services • BARNSTABLE, y MASS. g Thomas F. Geiler,Director 'Eo►�� Public Health Division Thomas McKean,Director 367 Main Street, Hyannis,MA.02601 Office: 508-862-4644 Fax: 508-790-6304 Mr.Jacques Morin 31 Castlewood Circle Hyannis,MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00,STATE SANITARY CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property owned by you located at 310 Castlewood Circle,Hyannis ,was inspected on August 15 , 2000 by Jerry Dunning,Health Inspector for the Town of Barnstable,because of a complaint. The following violations of 105 CMR 410.00,State Sanitary Code II,Minimum Standards of Fitness for Human Habitation were observed: Abandoned house foundation with piles of rotten debris and rubbish on the ground. Also, stagnant water observed on the foundation. In addition,the existing septic system currently exists at the site. You must obtain abandonment permit for the septic system. You are also directed to correct the above listed violations within 48(forty eight)hours of receipt of this notice. You may request a hearing if written petition requesting same is received by the Board of Health within seven(7)days after the date order is received. However,these violations must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than$500. Each separate day's failure to comply with an order shall constitute a separate violation. You are also subject to non criminal citations of$40.00 for the first violation and$15 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH T omas A.McKean Director of Public Health AsBuilt Page 1 of 1 TOWN OF BARNSTABLE LOCATION 310 SEWAGE # VILLAGE ASSESSOR'S MAP Q LOT INSTALLER'S NAME d: PHONE NO. HNCV, C (°Q,p SV CO SEPTIC TANK CAPACITY 5,Vt-ttwc% C GAS Po w LEACHING FACILITY:(type) (size) IWD NO. OF BEDROOMS PRIVATE WELL O UBLIC WATER BUILDER OWNS' DATE PERMIT ISSUED: SI k:\4U DATE COUPLIANCE ISSUED: VARIANCE GRANTED: Yes No .. t 1 { 1 I 4c/ http://issgl2/intranet/propdata/prebuilt.aspx?mappar=273032&seq=1 7/22/2010 r i i t. t. �ptHE Tp� Town of Barnstable • BARNSTABLE, "639. Board of Health i �� .oTFD MA'S A P.O. Box 534, Hyannis MA 02601 Office: 508-862-4644 Susan G.Rask,KS. FAX: 508-790-6304 Sumner Kaufman,MSPH Wayne Miller,M.D. August 30, 2002 Ron S. Jansson, Chairman Zoning Board of Appeals Planning Division 200 Main Street Hyannis, MA 02630 Dear Mr. Jansson, , At the request of the Zoning Board of Appeals, the Board of Health has reviewed the proposed 40B Comprehensive Permit application submitted by Jacques Morin, Trustee of Settlers Landing Realty Trust, for a 168 unit condominium development accessed through 310 Castlewood Circle, Hyannis. The Board wishes to submit the following comments to the Zoning Board of Appeals relative to this project. There are three potential standards which could be used to assess appropriate density and environmental impact of the project. These are a) a 5 ppm nitrogen loading to the groundwater standard for the project as a whole; b) 310 CMR 15.00,the State Environmental Code, Title 5 which recognizes 440 gallons per acre per day (equivalent to 4 bedrooms per acre) as being protective of groundwater resources in Zones of Contribution to public water supplies, and c)Barnstable General Ordinance XLVII ("330 Ordinance") which recognizes 330 gallons per acre per day of sewage now, equivalent to 3 bedrooms per acre, as protective of groundwater resources. These standards, as well as some site-specific information, are discussed as follows. 1. The project as proposed will have a sewage design flow of 36, 960 gallons per day (gpd). As such, the project will require a Groundwater Discharge Permit from DEP. The Board of Health has had discussions with DEP Southeast Regional Office and it seems likely that DEP will set a finished effluent standard of 10 parts per million(ppm)total nitrogen. This is the standard that DEP has set for many other large condominium projects and DEP believes 10 ppm nitrogen is consistently attainable given present sewage treatment technology. DEP will likely not set a finished effluent standard lower than 10 ppm as it does not believe present treatment technology can consistently meet a standard lower than 10 ppm. f �z Due to the Board of Health's concerns about nitrogen loading and drinking water quality, we will work with DEP to ensure that DEP requires this standard if the project is approved. Accordingly, our comments below are based on the assumption that DEP will hold the project to a standard of 10 ppm total nitrogen in finished effluent. 2. The density of the proposed development, 168 2-bedroom units on 13.3 acres, is equivalent to 25 bedrooms per acre 3. 310 CMR 15.00,the State Environmental Code, Title 5 recognizes 440 gallons per acre per day, equivalent to 4 bedrooms per acre, as being protective of groundwater resources in Zones of Contribution to public water supplies. The 440 gpd/acre standard set by Title 5 is based on an assumed concentration of 40 parts per million (ppm)total nitrogen in sewage effluent and results in a nitrogen loading of approximately 7 parts per million to the groundwater. Using Title 5's standard of 4 bedrooms per acre, and assuming that the proposed project will treat sewage to 10 m nitrogen, a density of 16 bedrooms per acre usingtreated g pp g Y wastewater would be roughly equivalent to a density of 4 bedrooms per acre using standard septic systems (16 bedrooms x 10 ppm=4 bedrooms x 40 ppm). 4. Barnstable General Ordinance XLVII ("330 Ordinance"), which uses the Cape Cod Commission nitrogen loading model, recognizes that 330 gallons per acre per day of sewage flow will result in a nitrogen loading of approximately 5 parts per million to the groundwater. A sewage flow of 330 gallons per acre per day equates to a density of 3 bedrooms per acre. Using the town of Barnstable standard of 3 bedrooms per acre, and assuming that the proposed project will treat sewage to 10 ppm nitrogen, a density of 12 bedrooms per acre using treated wastewater would be roughly equivalent to a density of 3 bedrooms per acre using standard septic systems (12 bedrooms x 10 ppm= 3 bedrooms x 40 ppm). 5. Based on the above,the Board of Health suggests that any density over 12 bedrooms per acre using the Barnstable/Cape Cod Commission standard or 16 bedrooms per acre using the DEP standard should not be considered to be protective of drinking water resources, and would limit project density accordingly. 6. To further evaluate nitrogen impact to groundwater resources,the Board of Health has requested that the applicant submit to the board nitrogen loading calculations for the project as a whole. We requested that these calculations be performed according to the Cape Cod Commission Water Resources Technical Bulletin#91- 001, using an assumption of 10 ppm total nitrogen in treated sewage. This will allow us to further evaluate whether the project as proposed will result in a groundwater loading in excess of 5 ppm over the entire area of the project (including nitrogen from lawns,pavement, and roof runoff as well as sewage). 7. The proposed development does not appear to be consistent with several of the goals of the Barnstable Local Comprehensive Plan (LCP), specifically Policies 5.4.1, 2.1.3.1, and 2.1.3.2. Policy 5.4.1 states "Any new affordable housing development which increases density levels above the existing permitted zoning densities shall also comply with the Policies and Strategies of Section 2.1.3 - Nitrogen Management." Policy 2.1.3.2 of this section states "In Zones of Contribution to public supply wells and future water resource areas, maintain sewage generation and nitrogen loading levels as low as possible; nitrogen loading shall not exceed 5 parts per million". Barnstable LCP Policy 2.1.3.1 refers to the Cape Cod Commission Regional Policy Plan(RPP) Sections 2.1.1 through 2.1.1.5. These sections of the Regional Policy Plan also reference a 5 ppm groundwater nitrogen loading standard. Barnstable LCP Policy 2.1.3.9 states "nitrogen concentrations will be calculated according to the methodology in the CCC (Cape Cod commission) Water Resources Technical Bulletin#91-001." If the project does not meet the 5 ppm nitrogen loading standard, the Board of Health recommends that density be reduced sufficiently so that this standard can be met. 8. Further, Cape Cod Commission RPP section 2.1.1.5 specifies that Developments of Regional Impact that withdraw over 30,000 gallons per day shall be required to evaluate impacts on the water table and surface water bodies. Although the board understands that the 40B status of this project exempts it from consideration as a Development of Regional Impact, it would not be unreasonable to ask the applicant to perform an analysis of potential effects on the groundwater from disposal of 36,000 gpd wastewater, given the existing problems with disposal of wastewater and resultant fluctuations in water table levels/groundwater mounding at the Barnstable Wastewater Treatment Plant which is located in close proximity to the project . 9. Barnstable LCP Section 2.1.4, Sewage Effluent, Policies 2.1.4.10, 2.1.4.11, 2.1.4.12, 2.1.4.13 discuss the use of Package Sewage Treatment Facilities (PSTFs), such as proposed for this project. Policy 2.1.4.11 states "PSTFs shall be located outside environmentally sensitive areas such as zones of contribution to public water supply...unless established by the town to serve existing development,where groundwater or surface water is impaired" (presumably to remediate impaired areas). Policy 2.1.4.12 states "PSTFs shall not be used as a vehicle to increase density of development above established zoning densities." Policy 2.1.4.13 states "All PSTFs shall be designed to achieve tertiary treatment with denitrification that meets a 5 ppm nitrate-nitrogen discharge standard in groundwater at the downgradient property line, for all new developments". Although other policies in Section 2.1.4 would seem to encourage the connection of dense developments to the Barnstable Wastewater Treatment Plant when possible, given existing limitations on disposal of effluent at the plant, it is unlikely that such a connection will be allowed. If wastewater at Settlers Landing is treated to a standard of 10 ppm total nitrogen and does not exceed a 5 ppm groundwater loading standard,there seems to be no net benefit to groundwater quality by requiring that the development be connected to sewer, since the Sewage Treatment plant also produces finished effluent of 7-10 ppm total nitrogen. Thank you for this opportunity to comment. Please let us know if you have questions or require further input from this board. Sincerely yours, P�fYt, usan G. Ras c, R.S. Sumne Kaufman, MSPH Wayne filler, M.D. CHAIRMAN BOARD OF HEALTH CC: Robert Smith, Town Attorney Ruth Weil, Assistant Town Attorney 1-"IUG-18-02 01 :52 PM DOWN �CAPE ENGINEERING 508 352 9880 P. 01 I J down cape engineering, inc, I CIVIL> NON 6& LAND 511,9pvSY0t;5 1 939 MAIN 5T / Pag 6A I YAWOUffOkf, MA 02675 i I C 508) 362-4541 FAX C 508) 362-9880 J i FAX TRANSMITTAL SHEET DATE: August 16, 2002 TO: Susan Rask RS,Town of Barnstable Board of Health d lA T 0` x 508 '-7-10 '6304 FROM: Daniel A. Ojala,PLS, ETT Down Cape Engineering Inc. I I IRE: Parkside Village Condominiums, Hyannis, MA I I Enclosed please find the CCC Methodology nitrogen calculations you requested for the above referenced site. I Assuming 10ppm out of the GWDP system,the average is 5.87 ppm at the property line. If you take into account around 20 acres of the upgradient abutting land to the west, which is serviced by the town sewer, the average drops to around 4.18 ppm. Please call if you have any questions. i This fax is intended for the exclusive use of the addressee and may contain proprietary,confidential or privileged information. If you are not the intended recipient,any dissemination, use,distribution or copying is strictly prohibited. If you have received this fax in error,please notify me by telephone or via return fax 1 and destroy the original and all copies. i THREE PAGES INCLUDING COVER AUG-16-02 01 :53 PM DOWN CAPE ENGINEERING 508 362 9880 P. 03 man— RESIDENTIAL NO3-N LOADING PROJECT: i PARKSIDE VILLAGE CONDOMINIUMS AND ABUTTING ACREAGE ` 4.18 g � 1G/0Z_ TOWN Avera e Occupanc} 2.47 pplJunit Bedrooms 336 ASSUMED VALUES Units 168 Impervious Recharge Rate = 40 in/yr Title V Wastelvater Flow = 36960.0 gpd Roof Runoff Concentration 0.75 mg/L Actual Wastewater Flow = 22822.9 gpd Road Runoff Concentration 1.50 mg/L Lawn Nitrogen Leaching 25 % Total Land Ara = 1471115 ft2 Wastewater Concentration 10 mg/L Paved Area 270000 ft2 Average Lawn Size = 5000 ft2 Roof Area - 150000 ft2 Recharge Rate = 18 in/yr Lawn Area 200000 ft2 Fertilizer Application Rate 3 lbs/1000ft2 Natural Are = 851115 ft2 CALCULATIONS Actual Wastewater Loading 863842.98 mg Actual Wastewater Recharge 86384.30 liters Title V Wastewater Loading 1398936.00 mg Title V Wastewater Recharge 139893.60 liters Total Impervious Loading 133841.10 mg Roof Loading 29095.89 mg Roof Recharge 38794.52 liters Paved Loadi ig 104745.21 mg Paved Recharge 69830.14 liters Lawn Loading 186575.34 mg Natural Area Recharge 122332.51 liters Actual Total Loading 1184259.42 mg Actual Total Recharge 317341.46 liters Title V Total Loading 1719352.44 mg Title V Total Recharge 370850.76 liters TITLE V NITR DGEN LOADING CONCENTRATION= 4.64 ppm ACTUAL NITI,OGEN LOADING CONCENTRATION= 3.73 ppm Mean = 4.18 ppm AUG-16-02 01 :53 PM DOWN CAPE ENGINEERING 508 362 9880 P. 02 • RESIDENTIAL NO3-N LOADING PROJECT: I PARKSIDE VILLAGE CONDOMINIUMS $/1 b/02 i 5.87 I TOWN Averag Occupanc) 2.47 ppllunit Bedrooms 336 ASSUMED VALUES Units 168 Impervious Recharge Rate = 40 in/yr Title V Waste ater Flow = 36960.0 gpd Roof Runoff Concentration 0.75 mg/L Actual Wastew ter Flow = 22822.8 gpd Road Runoff Concentration 1.50 mg/L I Lawn Nitrogen Leaching 25 Total Land Area = 582020 112 Wastewater Concentration 10 mg/L Paved Area 180792 ft2 Average Lawn Size = 5000 ft2 Roof Area = 108374 ft2 Recharge Rate = 18 in/yr Lawn Area =j 100000 ft2 Fertilizer Application Rate 3 lbs/1000112 Natural Area�;= 192854 ft2 I I CALCULATIONS Actual Wastewater Loading 863842.98 mg Actual Wastewater Recharge 86384.30 liters Title V Waste ater Loadinf 1398936.00 mg Title V Wastewater Recharge 139893.60 liters Total Impervic us Loading 91158.98 mg Roof Loadin 21021.59 mg Roof Recharge 28028.78 liters Paved Loading 70137.39 mg Paved Recharge 46758.26 liters Lawn Loading 93287.67 mg Natural Area Recharge 34083.39 liters Actual Total I oading 1048289.63 mg Actual Total Recharge 195254.73 liters Title V Total oading 1583382.65 mg Title V Total Recharge 248764.03 liters I TITLE V NITROGEN LOADING CONCENTRATION= 6.36 ppm ACTUAL NITRDGEN LOADING CONCENTRATION= 5.37 ppm Mean =1 5.87 ppm i I Hoses&WARREN'" THE COMMONWEALTH OF MASSACHUSETTS t- FORM 30 CAW BOARD OF HEALTH , w5 44 tom. CITY/TOW N DEPARTMENT R a ADDRESS GSM y9 y`0� i Gt.�N.t TELEPHONE Address to �' Y'l.� d C'C"G Occupant_. c- LA Floor Apartment No. No. of Occupants No.of Habitable Rooms— No.Sleeping Rooms No.dwelling or rooming units—�.No.Stories_ Name and address of owner Remarks Reg. Vio. YARD Out Bld s.: Fences: Garbage and Rubbish Containers: Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Dual Egress:and Obst'n.: ❑ B ❑ F ❑ M Doors,Windows: dsv- C CX .- was arc Ur Roof &� I r .G re kz..i_d, aK Gutters, Drains: Walls: Foundation: Chimney: BASEMENT Gen.Sanitation: CCc-, d' v - ct, IZ7TDampness: PL el- S 3, vTC4..Ck)t-'� C� Stairs: v �c p_cC.- 1J S iN G•.z J�'� d c9 Le Lighting: STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor,Wall,Ceiling: ,&, / -e ct, .ed 1, vp 111.E l C Hall Lighting: Hall Windows: HEATING Chimneys: Central ❑ Y ❑ N Equip. Repair TYPE: Stacks, Flues,Vents: PLUMBING: Supply Line: ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent(s) ELECTRICAL Panels,Meters,Cir.: e4-_ ❑ 110 ❑ 220 Fusing,Grnd.: AMP: Gen.Cond. Distrib. Box: Gen. Basement Wirin : . DWELLING UNIT Ventil. L to Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen Bathroom Pantry Den Living Room Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Hot Water Facil. Sup.Ten.,Gas,Oil, Elect.: Stacks, Flues,Vents,Safeties: Kitchen Facilities Sink Stove Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.: Wash Basin,Shower or Tub: Infestation Rats, Mice, Roaches or Other: Egress Dual and Obst'n: General Building Posted z co—g z/ xt r , Locks on Doors: ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR.(See Over) "THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES OF PERJUrf RY.' INSPECTOR2 - TITLE d�4- A. DATE y Z TIME P.M. A.M. THE NEXT SCHEDULED REINSPECTION P.M. M1�ti� L �_ cr.� �^� _ �.rFi�l!:ter. # '' w„a��.u''�� .a.��,;,"t'"L ��'iE�"w�+`?r•��',�='.�Ke� � }+ ';a"'",�� �. ,..N pit: .✓''`.. a t"i +^ a. 410.750: Conditions Deemed to Endanger or Impair Health or Safety The following conditions,when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises.This listing is composed of those items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the.- occupants or the public. Because Chapter 11, 105 CMR 410.100 through 410.620 state minimum requirements of fitness for human habitation, any other violation has the potential to fall.within this category in any given specific situation but may not do so in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that other violations or conditions may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of such violation(s) pursuant to 105 CMR 410.830 through 410.833 nor shall failure to include affect the legal obligation of the person to whom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as prohibited by 105 CMR 410.200(B)and 410.202. (C) Shutoff and/or failure to restore electricity or gas. (D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com- mon area required by 105 CMR 410.254. (E) Failure to provide a safe supply of water. (F) Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR 410.150(A)(1)and 410.300. (G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by any object, including garbage or.trash,which prevents egress incase of an emergency 105 CMR 410.450, 410.451 and 410.452. (H) Failure to comply with the security requirements of 105 CMR 410:480(D). (1) Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar- bage, rubbish,filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease. (J) The presence of leadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.) (K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or impairment to health or safety. (L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating, gas-fitting and electrical wiring standards or failure to maintain such facilties as are required by 105 CMR 410.351 and 410.352, so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety. (M) Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.353. (N) Failure to provide a smoke detector required by 105 CMR 410.482. (0) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the owner of said condition or conditions: (1) Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either inoperable. (2) Failure to provide a washbasin and shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3)or any defect which renders them inoperable. (3) Any defect in the electrical, plumbing or heating system which makes such system or any part thereof in violation of generally accepted plumbing, heating, gasfitting, or electrical wiring standards that do not create an immediate hazard. (4) Failure to maintain a safe handrail or protective railing for every stairway, porch balcony, roof or similar place as required by 105 CMR 410.503(A)and 410.503(B). (5) Failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. (P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A)through (0)shall be deemed to be a con- dition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the Board of Health. a . r i oF ,o� Town of Barnstable x Department of Health, Safety, and Environmental Services &UWSTA_ MASS. a Public Health Division FD�,�a► P.O. Box 534, Hyannis MA 02601 Office: 508-790-6265 Thomas A McKean,RS,CHO FAX: 508-790-6304 Director of Public Health March 22, 1999 Ms. Susan Dunn 310 Castlewood Circle Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE H, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE, ARTICLE 51 The property rented by you located at 310 Castlewood Circle, was inspected on March 12 1999, by Glen Harrington, R.S. , Health Inspector for the Town of Barnstable, because of a complaint. The following violations of 105 CMR 410.00, State Sanitary Code II, Minimum Standards of Fitness for Human Habitation were observed: • 410.602 (BY, Excessive filth and unsanitary conditions observed in the basement area. The occupant is responsible for maintaining sanitary condition free from filth. You are directed to correct this violation within twenty-four (24) hours of receipt of this notice. You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, these violations must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH h PsA. cKean Director of Public Health KS-q/glen/dunn.doc I Town of Barnstable s t Department of Health, Safety, and Environmental Services i ja Public Health Division P.O. Box 534, Hyannis MA 02601 Office: 508-790-6265 Thomas A.McKean,RS,CHO FAX: 508-790-6304 Director of Public Health March 22, 1999 Ellen R. Connors, trustee 216 Thornton Drive Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00 STATE SANITARY CODE H, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE ARTICLE 51 The property owned by you located at 310 Castlewood Circle, Hyannis was inspected on March 12, 1999 by Glen Harrington , R.S., Health Inspector for the Town of Barnstable, because of a complaint. The following violations of 105 CMR 410.00, State Sanitary Code H, Minimum Standards of Fitness for Human Habitation were observed: • 410.351 Leaky bathroom plumbing caused chronic dampness problems in the basement. • 410.351 Holes observed in the sheetrock wall located in hallway and in the back bedroom. • 410.481 No notice posted of the name, address, telephone number of owner. • 410.482 Only one smoke detector provided without a battery. No smoke detector provided in the basement. • 410.500 Basement bulk head stairs; one stair was rotted and one is mis sing two treads. • 410.501 Basement window panes were missing. Kitchen, bathroom, and bedroom windows did not have glass panes or screens in the storm window frames. KS-q/connors.doc/glen a �TME � Town of Barnstable • Department.of Health, Safety, and Environmental Services MUMSTABM = F a,�p Public Health Division P.O. Box 534, Hyannis MA 02601 Office: 508-790-6265 Thomas A.McKean,RS,CHO FAX: 508-790-6304 Director of Public Health March 22, 1999 Ms. Susan Dunn 310 Castlewood Circle Hyannis, NIA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE, ARTICLE 51 The property rented by you located at 310 Castlewood Circle, was inspected on March 12 1999, by Glen Harrington, R.S. , Health Inspector for the Town of Barnstable, because of a complaint. The following violations of 105 CMR 410.00, State Sanitary Code U, Minimum Standards of Fitness for Human Habitation were observed: • 410.602 (B): Excessive filth and unsanitary conditions observed in the basement area. The occupant is responsible for maintaining sanitary condition free from filth. You are directed to correct this violation within twenty-four(24) hours of receipt of this notice. You may request a hearing if written petition requesting same is received by the Board of s Health within seven (7) days after the date order is.received. However, these violations must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH Z PsA. cKean Director of Public Health KS-q/glen/dunn.doc i You are directed to correct the violations of 410.482 within twenty-four(24) hours of receipt of this notice by providing operational smoke detectors in the basement and main 'level. You are also directed to correct the remaining above listed violations within seven (7) days of receipt of this notice. You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, these violations must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH as . McKean Director of Public Health KS-q/connors.doc/glen 1 1 1 1 S 1 SETTLERS LANDING Application for ' Comprehensiv.pTermit Barnstable Zoning Board of Appeals i 1 1 1 :1 I 1 1 1 Table of Contents 1. Application and Memorandum 2. DHCD Regulations 1 Eligibility 3. Compass Bank August 2, 2000 Project Letter 4. "About Bayberry Building Company, Inc." 5. Deeds to locus 6. Purchase and Sale Agreement and Settlers Landing Declaration of Trust 7. John C. Klimm letter dated June 12, 2000 8. "Settlers Landing Home Disbursement" 9. GIS Plan of neighborhood ' 10. Pro Forma ' 11. NEF Regulatory Agreement/Monitoring Services Agreement 12. NEF Deed Rider. i 1 1 1 � � � , 1 1 for Board use only:Comp.Per m.AppIication No. Date Rec'd. Hearing Date: 1 THE ZONING RELIEF BEING SOUGHT HAS TOWN OF BLEII DETERMINED BY THE ZONING BARNSTABLE D E:: 0 RCEMENT OFFICER TO' Zoning Board of Appeals BE P.PPROPRIATE RELIEF G SE Town Hall. Hyannis. MA. 02601 AUG _4 20 CIRCumSTANCES_ 1 APPLICATION for COMPREHENSIVE >iABt� ARD OF APPEALS (Made pursuant to M.G.L. Ch.4O6, Secs. 20-23, and 760 C.M.R. 30.00 & 31.00) N_te: Please submit fifteen (15) copies of pages 1 and 2 of this completed application form and aii accompanying plans and documents listed in Item 19_. together with a check payable to Town Barnstable faygg. [Only one (1) copy needs to be ruled of documents referred to in Items 2 110,3daA.. 10-A.. 14-A. and 21-A.1 Use supplemental pages if necessary to provide complete information called for by any item in this application. indicating name of applicant (Item 23 anc name of development (Item 3.) on each such page. If an item is not applicable, please enter N/A. PLEASE TYPE OR PRINT NEATLY ALL ENTRIES. I1-Applicant(name �•PP ).. .c. .es........�?'�.V:^.�. t.,..T'r u�.f. P..v .S'elt 1.('�s.� p.��(�.,y .....?u l y T'^ (address & tel.).. 0..... ..4if4..1..... '� 4I Sao- r1?�- `�S.Z.L���.�.�.....� .. .,........ .. ........... 2-Status of applicant: (check one): Public Agency _; Non-Profit Org. Ltd.- Dividend Org. � 2-A-Attach documentary evidence of status. 3. Name of proposed development..Je ��i:�,•• C�r�ci r� 4_ Type of development (check one): New construction �; Rehabilitation of existing structure(s) S. Applicant's attorney:(name)..O�.frr..Z•.:,, ..✓�c+�'i u�tl ��fi rcL i3v........................ .......... ' (address & tel.).....qa�... .fl �l:q.!u......�f.:............. !jS.I.�. ..n�..... �a�rla� l���r+ �%� .71G'7 J' 3�2-y�i�t . -IyGnn v 3� 6. Applicant's architect name)....lyy�n ki Ar4� 1 ��' 214 ID a�� (address & tel.)....�^..'1.�-.�.....Sf.:.,....�. .41.<..m..kv:�.����,.....�►.�...:..�.2.�:..`�..�.1...3�.a.'..�/.a'.4��....................... 7. Applicant's engineer:(name)...), ........n L=n tel.).... `/... �t.r:r ^f..:j..���. (address.& t..... L1l•sPc, ��. ,f,..✓-r . ... ?.. ..f�.?..).�.:.3.6.�.-`YsJ....... ' 8. Location of site by villa e and - C g 9. Fire district and watersupplier:... z1.!�,, 5>,•;S.f��.c.1 �:... gi�*.)��+ �(�•,wc�fps- �� , 10. Area of site in acres/sq.ft.:....�.3;.....6... rreS 0.� a 2 ............ 11. Assessors map & parcel nos. for site:. �.� ..7..3. Grc� IS........!.-?. ... .................... 1 11-AAttach cony of assessors ma (s) showing parcel(s) comprising site. 12. Zoning District(s) of site ...1.1.C..: ) an 0 r .....................3.............................. ........ ...... 13. Is elimination of any existing street(s) proposed? A SQ If so. give name(s):................................ 1 14- Applicant's interest in site: (check one): Owner �; Option to purchase _ ; Contract to purchase.`14-AAttach documentary evidence of interest in site. 15_ Total number & type of housing units M bedrooms) prop ed:........ ....................... M )...�l.�.I....�e.:t . . .t'.d...Si.79.�1Q..... .�i./..'1�:J�.. .Lt.R.!�.F..-J•..... $......�.ty. .1�1.................................... ..................................................................................................... ...................................:........... ............................................................................................................................ .......................................................................................................................::...:.. 16_ Number & type of low-or-moderate-income housing units M bedrooms) proposed:.............:....... .................:k.`L:..�!�s:1 s......��.... . la ed���,.,, . J..........................�J e d r o c..?1.F.................................. . .......... . ... 1 ........ ..............:...................................................................................................................................... (Rev 3/ TOWN OF BARNSTABLE Zoning Board of Appeals Page_2 APPLICATION for COMPREHENSIVE PEF Seff/,P,--s a,:? g Name of Applicant Name of Development Application-Ho. I17. List of exceptions requested from local by-laws, codes and regulations: (Specify each exception with precise reference to applicable by-law, code or regulation.) ........... ................................................................................................ r fL h�{ c4(m....... .............................................................. ......................................................................................................................... ............................................................................................................................. 1 ........................................................... .............. 1 S_ List of approvals needed from other public agencies: (IdentifY each local, regional, state, and federal agency and specify the approval to be sought.) . ..C-nx.cc.y.fl: .. .......rC.a d..P..4.t. .4.�........ �T.....� .F!{�'r ....9 AK17. -{.!....................... ........................................_...........................:........................................................................................................ 19_ List of accompanying plans and documents submitted as part of this application: (Identify each such plan and document by its title.) .......................................................... .....................5.�. .....4t. ra.c.�r.f�...j"''! �?i�.'c �.�Mt............ . ....................................................................... . ................................................................................................. .....................................................................:. ........... .................. 0_ List of supplemental pages used to pr.ovide full information called for by this application: ........................................................................................................................................ ............................ ................... Q 2 G. .rn��!.G c ....✓y7Y!�?rr r t�''1. ...................................................................................... ............................................................................................ ' 21_ Subsidy agency (name and address) and financing program (name) involved. ............. 7.4...-....C..�?�,-►nu.S�.. ���v......1��.... 1.�!. '.r / �........ ' 21-A_Attach documentary ev�dence o 'subsidy a ency's determination o`�siee-dcceptabil!ty. 6 3 This application for a Comprehensive Permit to build/rehabilitate low-or-moderate-income housing is made subject to the provisions of M6L Chapter 40B. Secs. 20-23. and 760 CMR 30.0( & 31.00. '1�ac ef Al, 1-7e- S L of 0) 7- Name of Applicant ' Date: � cs c���f' 3 :�.00p Authorized Signature Typed Name of Authorized Signatory Note: If any information or documentation submitted as part of this application changes during 9 the course of its consideration, applicant should promptly supply such changed information or 1 documentation to the Board. making clear reference to the item, document or plan to be replaced or updated thereby. [Rev. ,/ ' TOWN OF BARNSTABLE ZoningBoard d of Appeals Page 4 APPLICATION for COMPREHENSIVE PER Sph`IPrs Lcn46,11 c) Sc 40,--) Za-, ✓. -1 Name of Applicant Name of Development Application-No. 1 Listing of interested parties: -Enter below the names and mailing addresses of • the owners of property abutting the site (i.e. abutters), • the owners of property abutting the abutters' property; • the owners of property across the street(s) from the site. all with their corresponding map and parcel numbers according to the records in the Assessors' Office at the date of this application. Please type or print only. Use additional separate page and sc note if necessary. 1 Mao " Parcel-..... . .................Name....................................... .Address...........:..:....:...................................... / Zip Code ..... .sl.e .......�1.' �.c i '�.... l 1. 7c............................................................................................... 1 ............................................................................................................. .......................... 1 . ........................................................................................................................................................................... .............................................................................................................................................................................. ............................................................................................................................................................................... . ......................................................................................................................................................... .......................... .......................................................................................................................................................................... ............................................................................................................................................................................... ............................................................................................................................................................................... ............................................................................................................................................................................... ............................................................................................................................................................................... ....................................... ....................................................................................................................................... ............................................................................................................................................................................... y ............................................................................................................................................................................... ............................................................................................................................................................................... ................. 1 ..... ........ .................... .. ...................... ......................................................... ............................... . . . . ......................... .......................................................................................... ... .... .............. ................................................................................................................... ............................... ............................................................................................................................................................................... i ................................................................................................................................................... ' .......................................................................................................................................... ...3i .Rev 1 TOWN OF BARNSTABLE ZONING BOARD OF APPEALS APPLICATION OF SETTLERS LANDING REALTY TRUST COMPREHENSIVE PERMIT ' CASTLEWOOD CIRCLE HYANNIS I MEMORANDUM AND REQUEST FOR WAIVERS 1. INTRODUCTION: M.G.L. Chapter 40B,.1SS 20-23 "the statute") This case is an application pursuant to M.G.L. Chapter 40B, Section 21 for a Comprehensive Permit for development of 56 single family houses in a residential area ' of Hyannis, to be connected to the Town sewer system. The housing is being developed pursuant to the New England Fund Program ("NEF")of the Federal Home Loan Bank ' Board of Boston. Pursuant to NEF, 25%of the houses, or fourteen(14)houses, will be sold to households whose annual incomes do not exceed 80%of the annual median ' income(adjusted for family size)for Barnstable County. The sale prices for the "affordable units" will be approximately$114,200.00; and the sale prices for the "market" houses will average $184,000.00. The Applicant will record a Deed Rider to ' insure affordability under the above standards for at least 15 years, for the affordable units. In addition to recording the Deed Rider,the Applicant will enter into a Regulatory ' Agreement/Monitoring Services Agreement with the Town and with the member bank of the Federal Home Loan Bank of Boston,which such member bank will be providing 1 the construction financing for the development. These further documents are aimed at insuring the affordability of the NEF units, as described above. 1 1 Participation in NEF qualifies the housing as"low and moderate income"housing as defined in the statute. See Commonwealth of Massachusetts Department of Housing and Community Development("DHCD")regulations at 760 CMR 30.01, 30.02, 31.01, 31.02, 31.03,and 31.04("the regulations"),copies of which are submitted herewith. The statute essentially creates a state mandate to local cities and towns to allow the construction of low and moderate income housing that requires relief from otherwise applicable local requirements and regulations, including but not limited to zoning by-laws, subdivision rules and regulations, and local Board of Health and Conservation Commission regulations, when there is a substantial need for low and moderate income 1 housing. Rather than applying to the various local boards and department for otherwise applicable permits, the applicant applies only to the Zoning Board of Appeals for a "Comprehensive Permit."A Zoning Board of Appeals can insist on full compliance with all such local requirements and regulations only if they are, in the words of the statute, "consistent with local needs." They will be considered"consistent with local needs" if they are reasonable taking into account "the regional need for low and moderate income housing considered with the number of low income persons in the city or towns affected and the need to protect the health or safety of the occupants of the proposed housing or of the city or town,to promote better site and building design in relation to the surroundings,or to preserve open space." The statute goes on, in section 20,to define certain minimal thresholds of low or moderate income housing that, if not attained in a city or town,would cause the local trules and regulations to automatically be treated as consistent with local needs, unless the town can prove that the planning,health,and safety concerns outweigh the regional housing need. The Town of Barnstable falls short of the minimum:the percentage A t 2 -, .I required in terms of number of housing units is 10%; Barnstable has 4.38 %(based ' on DHCD statistics);the percentage in terms of land area is 1.5%, which means,with Barnstable's total size of 62 square miles,or 39,680 acres,the number of acres with low or moderate income housing in the Town would have to be 595.2 acres; Barnstable has less than that; and the percentage in terms of the amount of low or moderate income housing which the proposed development would cause to be constructed in any one calendar year in the Town is more than three tenths of one percent of the Town's land area, which in Barnstable would be 119.04 acres(39,690 X 0.3%); the proposed development is on 13.36 acres. Therefore, the mandate created by the statute to create affordable housing still applies to Barnstable. In fact, when the statutory minimum is not 1 met,there is a legal presumption that there is a substantial regional housing need that outweighs local concerns. 760 CMR 31.07(l)(e). The Applicant believes, for all the reasons hereinafter set forth,that the project Imeets the standards for a Comprehensive Permit under the statute, and that it brill be an 1 asset to the town and will help provide truly needed affordable family houses to first-time home buyers. ' 2. STANDING AND STATUS a) Organizational Status of Applicant In order to apply for a Comprehensive Permit, an applicant must be either a limited dividend organization,a non-profit organization, or a public entity. See 760 CMR 31.01a1 . The Applicant is a limited dividend or fined in the ( K ) PP organization, as de g regulations,because it proposes to build low or moderate income housing under the statute,is eligible to receive funding from the NEF member bank(which is deemed to be the subsidizing agency under NEF),and agrees to limit its return on invested equity by entering into the Regulatory Agreement referenced above. The NEF has been accepted as I3 n an eligible program under the statute by the Commonwealth of Massachusetts Housing Appeals Committee, in the case of Stuborn_Ltd. v. the Town of Barnstable, No. 1998- 01. In addition, Settlers Landing Realty Trust contains provisions limiting the dividend return consistent with the applicable program. Therefore,pursuant to the statute and the ' regulations,the Applicant is an eligible applicant for a Comprehensive Permit. b) Control of the Land The bulk of the land is owned by Martha N. Morin. The Applicant has a Purchase and Sale Agreement to purchase said land. See copy submitted herewith. The one lot of the locus identified as Assessors Map 273,Parcel 32, is owned by Jacques N. 1 Morin, the principal of Bayberry Building Company,Inc. and of Settlers Landing Realty Trust. It will.be conveyed to said Trust upon approval of the project. Thus,the Applicant has control of the land, as required by the regulations, 760 CMR 31.01 (1)(c). c.) Site Acceptability ' As stated above,the Applicant will be developing the property under the NEF Program.. The Applicant has received a Project Eligibility Letter dated August 2, ' 2000 from Compass Bank,the member bank of the Federal Home Loan Bank of Boston P which will be providing the construction financing for the development, indicating that the project is eligible under NEF. See copy of said letter, submitted herewith. Therefore, ' the Applicant fulfills the requirement of 760 CMR 31.01 (1)(b)that: "The project shall be fundable by a subsidizing agency under a low and moderate income subsidy program." See 760 CMR 31.01 (2),which states: "A project shall be presumed fundable if a ' subsidizing agency makes a written determination of Project Eligibility or Site Approval." Thus,the project complies with the regulations concerning fundability by a subsidizing agency. 4 Therefore,based on(a), (b), and(c)above,the Applicant meets the jurisdictional requirements of the statute and the regulations and has standing before the Board of Appeals. ' 3. DESCRIPTION OF THE PROJECT a.) Applicant's Background, Jacques N. Morin,the principal of the Applicant, is a, long-time and respected builder and reactor in Hyannis. He has built(through his building company,Bayberry Building Company,Inc.)and sold(through his realty company,Morin Realty)many homes in Barnstable and the mid-Cape area, including the single family home development known as Bayberry Place abutting the locus in Hyannis. Mr. Morin is a long-time resident of Barnstable, and has been active in local civic affairs. See "About Bayberry Building Company, Inc." submitted herewith. ' b.) Physical Characteristics. The locus is a 13.36 acre site, off Castlewood Circle, Hyannis. The site is almost all in the RC-1 Residential Zoning District, with an extremely small portion of the northeast corner of the locus in the B Business Zoning District(near the rear of the Sheraton Four Points Hotel). The land is presently ' undeveloped. The proposal is for 56 single family houses, all on separately deeded lots Ix r r� � ranging from approximately 6,600 sq. ft. to approximately 12,000 sq. ft. The houses will consist of eight(8)different styles, randomly disbursed throughout the site. The size of ' the houses ranges from approximately 1170 sq. ft. (for the small ranch style house)to approximately 1642 sq. ft. (for the large ranch style house). The other styles are ' two-story houses. Every house has three (3)bedrooms, for a project total of 168 1 bedrooms. The houses will be of wood frame construction, with wood clapboard or shingles on the exterior. The affordable houses will be randomly distributed throughout the development. See "Settlers Landing Home Disbursement" submitted herewith. The 1 5 total building footprint on the site will be 67,354 sq. ft., or 11.6 % of the total site. The ' houses will be hooked up to municipal(Barnstable Water Company)water. The Applicant is requesting that the houses be hooked up to the Town of ' Barnstable sewer system,and that permission for such hook-up be granted by the Board ' of Appeals as part of this Comprehensive Permit. Preliminary meetings on the.sewer have been held with the Barnstable Housing Committee,Department of Public Works Superintendent Tom Mullin, and Town Manager John Klimm. By letter from Town Manager John Klimm to Jacques Morin dated June 12,2000,the Town has indicated its support for the sewer hook-up for this development. See copy of said letter submitted herewith. None of the project is within a wetlands resource area, or buffer zone, and there are no known environmental issues. The topography is relatively flat, with excellent sandy soils, and a standard subdivision drainage system with catch and leaching basins (no detention basins) is proposed. A tabulation of ground area coverages for building area and paved area is ' submitted herewith c.) Description of surrounding area. The surrounding area is comprised of modest single family homes in the Castlewood Circle area, with small lot sizes that are in keeping with the proposed lots. To the west of locus is a newer open-space residential cluster subdivision,now known as Nantucket Village at Cobblestone Landing. To the ' northeast of locus is the rear of the Sheraton Four Points Hotel. According to the Traffic Impact Assessment by Rizzo Associates,the Level of Service for the streets and intersections in the area are all "A", except for the intersection of Bearse's Way and ' Pitcher's Way,which operates at Level of Service "C" during the weekday morning peak commuter hours,and Level of Service "E" during the weekday evening commuter hours 6 See said Traffic Impact Assessment, submitted herewith. Also submitted herewith is a ' copy of the GIS map showing the streets, lots and buildings in the surrounding area. d.) Affordability As stated above,the 14 affordable houses will be sold to first-time home buyers under the NEF Program,whose incomes are no more than 80%of the annual average income(adjusted for family size)for Barnstable County. Presently,this means that the affordable houses can be sold at prices of about$114,200.00. The deeds to the affordable home buyers will contain the requisite Deed Rider under the NEF Program assuring that the homes will be sold only to eligible buyers,at the appropriate Discount Rate-below fair market value, for at least 15 years. The market units, although more x n ive in rice are actually "moderately" priced, since the are projected to average expensive p y Y P � Y P J approximately$184,000.00. As stated above,the Applicant will enter into the appropriate NEF Regulatory Agreement/Monitoring Service Agreement,which will reference the above,and also insure that the Applicant complies with the requisite limitation on profit of twenty(20%) ' of the development costs. See project Budget/Pro Forma, submitted herewith. The Applicant is also willing to adopt a strong Local Preference plan for the affordable houses, i.e., sell them only to Barnstable residents. This would be iimplemented through a lottery process, and the Applicant would work with the Town and local non-profit groups involved in affordable housing, such as the Cape Cod Consortium, for the purchaser selection and analysis of eligibility. e ) Impacts Given the intent to hook up to the sewer system,the lack of wetlands or other environmental issues, and the conformity of the proposed development with the surrounding neighborhood,there are relatively few impacts on the area. The traffic i impact has been fully assessed in the Traffic Impact Assessment described above. It finds that the proposed housing will generate approximately 48 vehicle trips during the weekday morning commuter peak hour, and 63 vehicle trips during the weekday evening peak commuter hour; and that it will result in only minor traffic increases in the area, and have no impact on the operating Levels of Service under the 'Build" peak hour traffic ' conditions. It also indicates that the site drive will operate at Level of Service proposed l� 1 "A",with little or no delay. The largest impact of this proposal will be helping to address the huge shortage of affordable housing, especially for first time family home buyers in Barnstable,, 1 and all of Cape Cod. The Applicant believes that this will be a large benefit to the Town of Barnstable. 4. REQUEST FROM WAIVERS FROM LOCAL BY-LAWS, RULES AND REGULATIONS The Applicant seeks waivers from the Barnstable local by-laws, rules and regulations, as shown on the attached Request for Waivers. The relief requested essentially involves certain waivers from the bulk and dimensional provisions of the Zoning By-law, with a minor use waiver only because a tiny portion of the northeast portion of the locus is in the Business 'B" zone, which does not allow single family residential use. In addition,the Comprehensive Permit would allow the approval of the proposed subdivision without the need to apply to the Planning Board under the otherwise required Subdivision Control Law process. The roads and utilities are proposed to be built substantially in accordance with the Planning Board Subdivision Rules and Regulations, except as to the waivers requested. The Applicant also requests that waivers be granted from any requirements to apply to the Town Department of Public Works and/or Board of Health in connection I _ 8 with the sewer hook-ups, and that the Board of Appeals grant all local approvals required to construct the sewer line in the development's roads, to connect to the existing sewer, and to hook-up the new houses to the sewer system. The Applicant further seeks waivers from any requirements for paying for any fees related to the development of this project, including but not limited to fees for building permits,Department of Public Works and/or Board of Health permits,and the filing fee of$5600.00 to the Board of Appeals; and from any requirement to post a bond or cash or covenant in connection with the road and utility development; and further, the Applicant asks that the Comprehensive Permit be issued in lieu of all of the aforementioned permits, inclusively. The applicant also seeks waivers from the applicability of such other sections of the Zoning By-laws, Planning Board Rules and Regulations, and/or such other local by-laws, rules and regulations that would otherwise be applicable to this development. CONCLUSION This proposal is the result of the Applicant's effort to come up with a housing development that is economically feasible while still providing affordable for-sale housing under NEF. It is a proposal that is compatible with the neighborhood, is not harmful to the environment, and will provide much needed affordable housing to first time family home buyers. Balancing the planning need of the Town versus the housing need,the development clearly merits approval. For all of the above reasons,the 9 1 Applicant believes that the Board of Appeals should grant the relief requested and issue the Comprehensive Permit pursuant to the application. See"List of Documents Submitted with Application', attached hereto. Respectfully submitted, Settlers Landing Realty Trust By its attorney, Dated: Au 000 gust 3, 2 Peter L. Freeman 86 Willow Street Yarmouthport,MA. 02675 508-3624700 FAX: 508-362-8281 i. � 1 1 10 1 1 1 REQUEST FOR WAIVERS 1. Zoning By-law Section 2-3: Applicability of District Regulations Section 2-3.1: Conformance to Use Regulations Section 2-3.2: Conformance to Bulk and Yard Regulations Section 2-3.3: Lot Size Requirements Section 2-3.4: Lot Shape Factor/Residential Districts Section 3-1.4(5) Bulk Regulations Lot Size.-43,560 sq. ft. -reduce to minimum of 6,600 sq. ft., plus or minus Frontage - 125 feet- reduce to minimum of 28 feet Front yard- 30 feet-reduce to minimum of 25 feet Side yard- 15 feet-reduce to minimum of 8 feet Rear yard- 15 feet' Section 3-3.1(J) No single family structures allowed in a B District Section 3-5.2 Groundwater Protection Overlay District Section 5-2.1 Performance Bond 1 2. Planning Board Subdivision Rules and Regulations Waivers from: Entire application process for filing Preliminary and/or Definitive Subdivision Plans Environmental Analysis Form Prohibition of dead end streets longer than 750 feet in length 1 11 . , Requirement of Sidewalks Requirements for bonds and/or cash and covenants Certain drainage requirements- see list attached 3. Department of Public Works All sewer connection/extension/hook-up requirements. 1 :�: 12 SETTLERS LANDING: REQUEST FOR WAIVERS Town of Barnstable Planning Board Subdivision Rules and Regulations 1. Section 4-2.3 1 Dead End Streets- Length of dead end street greater than 750'. (1400' requested) and waiver from no dead ends>750 for more than 25 dwelling units. 2. Section 3-1.3 4 Access Roads- Waiver from requirement of more than one access road with subdivision of more than 50 dwelling units. (56 dwelling units proposed) 3. Section 3-2.1 Environmental Analysis Form-Request waiver for completion of EA form, which is required for more than 10 dwelling units. (56 dwelling units proposed) 4. Section 4-3.3 9 Storm Drains-Request waiver of requirement for 100-yr.storm overflow areas. Proposed drainage system will recharge 25 year storm rather than 10 year 'Al recurrence interval storm required for Minor A roadway. 5. Section 4-5.2 Sidewalks-Request waiver for no sidewalks on Minor A road. 1 1 TABULATION OF GROUND AREA COVERAGES Total site area: 582,020 sq. ft. Building coverage: 67,534 sq. ft. = 11.6 % Road pavement and driveway coverage: 79,647 sq. ft. = 13.7% :Total site coverage: 147,181 sq. ft. =25.3 % Total open space(woods,yard area): 435,019 sq. ft. =74.7 1 - 1 l - 1 1 - .1 I 13 1 LIST OF DOCUMENTS SUBMITTED WITH APPLICATION Attached to Memorandum: 1. DHCD Regulations 2. Compass Bank August 2, 2000 Project Eligibility Letter 3. "About Bayberry Building Company, Inc." 4. Deeds to locus 5. Purchase and Sale Agreement and Settlers Landing Declaration of Trust. 6. John C. Klimm letter dated June 12, 2000 7. "Settlers Landing Home Disbursement" 8. GIS Plan of neighborhood 9. Pro Forma 10. NEF Regulatory Agreement/Monitoring Services Agreement 11. NEF Deed Rider Not attached to Memorandum: 12. Building Elevations and Floor Plans 13. Subdivision Plan-Down Cape Engineering,Inc. 14. Site and Utility Plans-Down Cape Engineering, Inc. 15. Traffic Impact Assessment-Rizzo Associates 16. Abutters List _ 14 ' � 2 r Notes 2 t t t i t t. i 760 CMR: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT-HOUSING APPEALS COMMITTEE been no evaluation of the laws'effectiveness since its inception in 1969. The necessity for an overall analysis of the law was apparent especially in light of the legislation that had been sponsored to address specific aspects of the law, not the law in its entirety." (p. 11) "Overall, the Commission received very positive testimony regarding the need for c. 774 comprehensive permits with [the] exception of a few testifying. Most everyone agreed that without c. 774 there would be no affordable housing production in the Commonwealth and that efforts to weaken the law should be discouraged." (p. 20) The Commission recommended no changes in the statute, but made nearly fifty specific recommendations for programmatic and regulatory changes which "received unanimous, bipartisan Commission approval on March 10, 1989." (p. 21) "The Commission's recommendations reflect the need... to foster local initiative responses for the production of affordable housing. The goal of these changes is to increase the stock of affordable housing in all communities in the Commonwealth while, respecting the individual needs of eac community. The recommendations allow responsive municipalities to shape the means of production of affordable housing within its (sic)own borders and to have 'greater control in the comprehensive permit process without discouraging development." (p. 28) As a result of the recommendations, regulations creating the Local Initiative Program and concerning Community Participation in Subsidized Housing Development were promulgated by the Executive Office of Communities and Development. Though these regulations (760 CMR 45.00 and 46.00, respectively) are not regulations of the Housing Appeals Committee, they are sufficiently related that reference to them may be useful. (4) Under this Act, the municipal zoning board of appeals is given unique powers to carry out the directives of the General Court, and is authorized to give effect to such regulations and requirements on the construction of such housing as are consistent with the purposes of the Act, but no others. When a board of appeals denies an application for a comprehensive permit under this Act or imposes conditions on the permit which would make the development uneconomic, then eligible applicants for permits to construct such housing may appeal to a Housing Appeals Committee in the State Department of Community Affairs. Said Committee is authorized to sustain or reverse the action of the local board of appeals and may order a permit to issue subject to conditions appropriate to the purposes of the Act. All petitions for review of the actions of a local board are to be heard by the Housing Appeals Committee in accordance with rules and regulations established by the Commissioner of the Department of Community Affairs as required by the Act. 30.02: Definitions ' As used in 760 CMR 30.00 and 31.00, except as otherwise required by the context: (a) Adiudicatory proceeding shall be as defined in M.G.L. c. 30A, § 1. (b) Board shall mean a local Board of Appeals established by M.G.L. c. 40A, § 14.. (c) Committee means the Housing Appeals Committee, also referred to as -H.A.C." (d) De artment means the Massachusetts Department of Community Affairs within the Executive Office of Communities and Development, as established and existing pursuant to M.G.L. c. 23B and c. 6A. (e) Housing need means the regional need for low and moderate income housing considered with the number of low income persons in a city or town. (f) Limited Dividend Organization means any applicant which proposes to sponsor housing under M.G.L. c. 40B; and is not a public agency; and is eligible to receive,a subsidy from a state or federal agency after a comprehensive permit has been issued and which, unless otherwise governed by a federal act or regulation, agrees to limit the dividend on the invested equity to no more than that allowed by the applicable statute or regulations governing the pertinent housing program. 1/4/91 2 760 CMR: DEPARTMENT OF HOUSING AND COMMUNrry DEVELOPMENT•HOUSING APPEALS COMIvfl= (g) Local board means any local board or official, including, but not limited to any board of survey; board of health; planning board; conservation commission; historical commission; water, sewer, or other commission or district; fire, police, traffic, or other department; building inspector or similar official or board; city council or board of selectmen. All boards, regardless of their geographical jurisdiction or their source of authority (that is, including boards created by special acts of the legislature or by other legislative action) shall be deemed local boards if they perform functions usually performed by locally created boards. (h) Local concern means the need to protect the health or safety of the occupants of proposed housing or of the residents of the city or town, to protect the natural environment, to promote better site and building design in relation to the surroundings, or to preserve open spaces. (n Local requirements and regulations mean all local legislative, regulatory, or other actions which are more restrictive than state requirements, if any. (j) Low income persons means all persons who, according to the latest available United States Census, reside in households whose net income does not exceed the maximum income limits for admission to public housing, as established by the Department. The Department's calculation shall be presumed conclusive on the Committee unless a parry introduces authoritative data to the contrary. Data shall be authoritative only if it is based upon a statistically valid, random sample or survey of household income conducted in the relevant area since the latest available U.S. Census. W Low or moderate income housing means any units of housing subsidized by federal and/or state government and/or local housing authority under any program to assist the construction or substantial rehabilitation of low or moderate income housing, as defined in the applicable federal or state statute or regulation, whether built or operated by any public agency or non-profit or Limited Dividend Organization. No unit of housing under the federal leased housing program or a state rental assistance program or any housing allowance program shall be considered to be low and/or moderate income housing unless such unit is constructed or substantially rehabilitated under a state or federal housing subsidy program in addition to the subsidy-provided through leased housing, state rental assistance, or housing allowance program. The procedures in 760 CNIR 31.04 further define low or moderate income housing for purposes of determining whether the city or town has met any of its j statutory minima. Q) Open spaces means land areas, including parks, parkland, and other areas which contain no major structures and.are reserved for outdoor recreational, conservation, scenic, or other similar use by the general public through public acquisition, easements, long-term lease, trusteeship, or other title restrictions which run with the land. (m) Pam shall be as defined in M.G.L. c. 30A, § 1. (n) Public housing means housing owned, operated, or managed by a local housing authority, or leased under the auspices of a local housing authority. (o) Subsidy means the grant, through a federal or state housing program to assist the construction of low or moderate income housing, including a local housing program approved by the Executive Office of Communities and Development, of direct financial assistance; of indirect financial assistance through insurance, guarantees, or other means; of in kind assistance; of technical assistance; or of other supportive services. This definition conforms to the legislative intent expressed in the Report of the Special Corttmission Relative to the Implementation of Low and Moderate Housing Provisions (1989), and includes assistance through the Local Initiative Program, 760 CMR 45.00, and similar programs. (p) Subsidizing agency means any agency of state or federal government which subsidizes the construction or substantial rehabilitation of low or n moderate income housing and any housing authority acting pursuant to M.G.L. c. 121B, § 26(m). 1/-I/91, 3 760 CMR: DEPARTMENT OF HOUSING AND COMMUNrry DEVELOPMENT-HOUSING APPEALS COMMITTEE 760CMR 31.00: HOUSING APPEALS COMMITTEE: CRITERIA FOR DECISIONS UNDER M.G.L.c. 40B, §§20-23 Secdon 31.01: Jurisdictional Requirements, 31.02: Local Action Prerequisite 31.03: Changes in Applicant's Proposal 31.04: Computation of Statutory Minima 31.05: Scope of the Hearing 31.06: Burdens of Proof 31.07: Evidence 31.08: Decision and Appeal 31.09: Enforcement 31.10: Revocation of Outstanding Regulations i 31.01: Jurisdictional Requirements (1) To be eligible to submit an application for a comprehensive permit or to file or maintain an appeal before the Committee,the applicant and the project shall fulfill the following jurisdictional requirements: (a) The applicant shall be a public agency, a non-profit organization,or a limited dividend organization. (b) The project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program. (c) The applicant shall control the site. (2) A project shall be presumed fundable if a subsidizing agency makes a written determination of Project Eligibility or Site Approval. Thereafter,the project shall be considered fundable unless there is sufficient evidence to determine that the project is no longer eligible for a subsidy. (3) Either a preliminary determination in writing by the subsidizing agency that the applicant has sufficient interest in the site, or a showing that the applicant,or any entity fifty percent or more of which is owned by the applicant,owns a fifty percent or greater interest, legal or equitable, in the proposed site, or holds any option or contract to purchase the proposed site, shall be considered by the Board or the Committee to be conclusive evidence of the applicant's interest in the site. (4) A determination of Project Eligibility or Site Approval shall be for a particular financing program. A change in the program under which the applicant plans to receive financing shall require a new determination,and may be deemed a substantial change pursuant to 760 CMR 31.03. An applicant may proceed under ' alternative financing programs if the application to the Board or appeal to the Committee so indicates and if full informationconcerning the project under the i alternative financing arrangements is provided. t (5) Failure of the applicant to fulfill any of the requirements in subsection(1) inay be raised by the Committee,the Board,or a party at any time, and shall because for dismissal of the application or appeal. No application or appeal shall be dismissed,however, unless the applicant has had at least sixty days to remedy the failure. I t 31.02: Local Action Prerequisite (1) In order to appeal to the Committee,an applicant shall have applied to the Board for a comprehensive permit in accordance with M.G.L. c.40B, §21 and shall have been denied such permit or shall have been granted such permit with conditions which it alleges make the building or operation of such housing uneconomic. (2) In order to appeal to the Committee,the applicant shall have submitted to the Board an application and a complete description of the proposed project. The items listed below will normally constitute a complete description. Failure to submit a particular item shall not necessarily invalidate an application. Upon motion by either parry during an appeal, the Committee may determine whether such item, or any 1/4/91 11 760 CMR: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT-HOUSING APPEALS COMMITI'HE (c) alternatively, in either case, the conditions would result in a subsidizing agency refusal to fund. See 760 CMR 31.07(1)(f). (4) In the case of either a denial or an approval with conditions, the applicant may prove that local requirements or regulations have not been applied as equally as possible to subsidized and unsubsidized housing. The applicant shall have the burden of proving such inequality. 1 Board's Case (5) In any case, the Board may show conclusively that its decision was consistent with local needs by proving that one of the statutory minima described in 760 CMR 31.04 has been satisfied. The Board shall have the burden of proving satisfaction of such statutory minima. (6) In the case of denial, the Board shall Have the burden of proving, first, that I there is a valid health, safety, environmental, design, open space, or other local concern which supports such decrial, and then, that such concern outweighs the regional housing need. (7) In the case of an approval with conditions in which the applicant has presented evidence that the conditions make the project uneconomic, the Board shall have the burden of proving, first, that there is a valid health, safety, environmental, design, open space, or other local concern which supports such conditions, and then, that such concern outweighs the regional housing need. (8) In the case of either a denial or an approval with conditions, if the denial or conditions are based upon the inadequacy of existing municipal services or infrastructure, the Board shall have the burden of proving that the installation of services adequate to meet local needs is not technically or financially feasible. Financial feasibility may be considered only where there is evidence of unusual topographical, environmental, or other physical circumstances which make the installation of the needed service prohibitively costly. Applicant's rebuttal (9) In the case of a denial or an approval with conditions, the applicant shall have the burden of proving that preventive or corrective measures have been proposed which will mitigate the local concern, or that there is an alternative means of protecting local concerns which makes the project economic. 31.07: Evidence (1) Presumptions. The following shall be rebuttable presumptions: (a) Fundability/Project Eligibility or Site Approval - See 760 CMR 31.01(2). (b) Site Control - See 760 CMP. 31.01(3). (c) Housing Unit Minimum/Subsidized Housing Inventory - See 760 CMR 31.04(1)(a). (d) ,Consistency with local needs/Certificate of Performance - Where a municipality has received Certification of Performance, a Board decision made pursuant to the Housing Development Action Plan approved by the Executive Office of Communities and Development shall be presumed consistent with local needs. See 760 CMR 46.09. (e) Regional-housing need/Statutory.minima - Proof that a town has failed to satisfy one of the statutory minima described in 760 CMR 31.04(1) and (2) shall create a presumption that there is a substantial regional housing need which outweighs local concerns. Board of Appeals of Hanover v. H.A.C., 363 Mass. 339, 367, 294 N.E.2d 393, 413 (1973). (f) Uneconomic/Agency refusal to fund - Proof that the subsidizing agency G will not fund the project because of a condition imposed by the Board, that the applicant has requested a waiver of the subsidizing agency requirement that leads to this result, and that the subsidizing agency has denied a waiver, shall be conclusive evidence that the condition of the Board makes the project I, uneconomic. 1/4191 16 I � I � 3 I ' I , Notes 1 3 ! RUCs-04-2000 08;54 COMPf;SS CRPE !END 508 833 7314 P.01/02 N 8 &mp&%Bw* August 2, 2000 Jacques Morin Bayberry Building Co., Inc., 300 Bearses Way Hyannis, MA 02601 Dear Mr. Morin: i am pleased to provide you with this letter expressing our interest in your application for i construction loan financing using the Federal Home Loan Bank of Boston New England Fund for the development of a 56 unit affordable housing development project off Castlewood Circle, Hyannis,Massachusetts. You indicate that this project will be developed specifically for providing affordable housing and that you will conform to the requirements of the NFF Program as follows: ' 1. Twenty-five percent of the fifty-six homes(14) will be sold to households earning no more than eighty percent of the Barnstable County medium income adjusted for household size ' according to the latest published Income Limits in the Federal Register. 2. Those fourteen affordable homes will be sold at a price which enables that income eligible household to pay no more than thirty percent of its gross income for mortgage payments, 1 property taxes and insurance. 3. The affordable homes will remain affordable for the fifteen years and resale restrictions will be governed by the regulatory agreement used under the NEF Program and by Deed Riders attached to each affordable home. I have visited the site and find it compatible for the residential use being proposed and that the use will be eligible for NEF financing. The preliminary housing designs as submitted appear to be acceptable for the markets being targeted and the affordable homes, as designed on the plan appear appropriately scattered among the various building lots located within the subdivision. In addition the size and appearance of these homes do not create any low income housing"stigcnaN from any observations of the general public. 100 Old Kings Highway,P.O.Box M,Sandwich,MA 02563 (508)888.0026 www.minpassbank.com AUG-04-2000 08:55 COMPASS CAPE LEND 508 833 7314 P.02i02 ' The preliminary development proforma appears to be in line with the cost for completing a development of this type in this location. However, once the project has been approved under Chapter 4013, all other permits are in place,you will be required to submit to the Bank a detailed cost estimate and complete drawings and specifications of the project. Your proforma also assumes the required number of affordable homes and projected sale prices will conform with the NEF Program Finally, your estimated profit of 4.60%falls within the 200/6 range allowable under ' Chapter 40B for sales projects. Once your proposed project is deemed eligible under the requirements of the NEF Program and subject to all approvals and all permits are in place,we would be pleased to process a loan application in conjunction with the Cape Affordable Housing Loan Consortium for the construction financing of your 56 unit affordable housing development project offCastlewood Circle.Hyantiis,Massachusetts. Please feel free to call me ifyou have any questions. Sincerely, G. St hen Cody, Regional Vice Pre ent /hs TOTAL P.02 1 1 1 � a 1 1 1 M 1 1 1 1 1 1 1 r Notes ................................... About Barry Building Company, Inc. 1 Bayberry Building Company, Inc. is owned by Jacques N. Morin of Marstons Mills, Massachusetts. The primary focus of the Company is the construction of quality custom built homes on attractively landscaped lots. Mr. Morin was born and raised on the Cape and has continually resided here for the past forty two years and is fully familiar and engaged with the ' the community in which he resides. Mr.Morin has owned and operated Morin Realty& Associates for the past twenty one years and has continually been a member of the Cape Cod Board of Realtors and Multiple Listing Service. For the past nine years Mr.Morin has concentrated his real estate efforts as a custom ' builder as Bayberry Building Company, Inc: He developed and completed Bayberry Place Development which consists of twenty eight custom homes on eighteen acres adjacent to the subject property. Mr.Morin has subdivided smaller subdivisions and has built on many other lots in the mid-cape area. jAdditionally,Mr.Morin has been quite involved in his community and enjoys the interaction at the municipal level. For the Town of Barnstable, he has served on the Barnstable Town Council, the Zoning Board of Appeals, the Finance Committee, the Towns Appointments Committee, the Land Bank Committee and is currently serving on the Shellfish Committee, the Smart Growth Committee and the Hyannis Main Street Waterfront Historic Commission. j Bayberry Building Company,Inc. is expected to continue on as a growing concern well into the next decade developing, building and selling real estate. Sincerely, 1 Jacques N. Morin, President Bayberry Building Company, Inc. 5 r 1 1 1 1 5 ' 1 2001--94 CONFIRMATION j COMMONWEALTH OF MASSACHUSETTS 1 LAND COURT DEPARTMENT OF THE TRIAL COURT In the matter of the complaint of Martha M. Morin for confirmation without registration of title under the provisions of Chapter 185 of the General Laws (Ter. Ed.) numbered 43053 after consideration, the Court doth adjudge and order that on April 26, 1996, at 10 o'clock a.m. said Martha M. Morin of Barnstable, in the County of Barnstable, and Commonwealth of Massachusetts was the owner in fee simple of that certain parcel of land situate in Barnstable in the County of Barnstable, and Commonwealth of Massachusetts,bounded and described as follows: Northerly by land now or formerly of Allan F. Jones, three hundred thirty and 15/100 (330.15) feet; Easterly by lands of sundry adjoining owners, twenty hundred seventy-two and 78/100 (2072.78) feet; Southerly by land now or formerly of Cobblestone Landing, Inc., three hundred thirty (330.00) feet; and Westerly by said land now or formerly of Cobblestone Landing, Inc. and by land now or formerly of Bayberry Place Residents Association, Inc., twenty hundred seventy-two and 13/100 (2072.13) feet. Said land is shown on a plan drawn by Cummaquid Survey Inc., Surveyors, dated December 4, 1993, filed in the Land Court, a copy of a portion of which will be filed at the Registry of Deeds with the copy of this judgment. 1 1 Said land is subject to the easement se J t forth in a grant made by Alfred Crocker to The Southern Massachusetts Telephone Company (now Bell Atlantic), dated February 4, 1914, duly recorded in Book 326, Page 385. -2- 43053 Conf. LAN-. 121 19 F'i;:_; • - - Said land is also subject to any of the encumbrances mentioned in section forty-six of said Chapter which may be subsisting: 1 The above described land is subject to a mortgage given by Allan F. Jones to Hyannis Co- operative Bank, dated February 18, 1965, duly recorded in Book 1289, Page 458; and to a tax taking by Town of Barnstable, dated October 9, 1990, duly recorded in Book 7320, Page 133. 1 1 PETER W. KILBORN Witness,NAftJ1M{$ y =, Chief Justice of the Land Court at Boston, in the County of Suffolk, the ninth day of March , in the year nineteen hundred and ninety-nine. t�pst with 'thb,,seal of said Court. CHARLES W. TROMBLY,JR. . [SEAL] Recorder. _ I A TRC�COPY,Attest with the seal of said Court. c, B.ARNSTABLE RF"'1ST' DF IJ 05IB1l1111 11.84 7757526 M Y-a6-19" 15.32 LAG K14Rpv PAGE Bc • • BK 12;?57 F r'•ac I Gc42 �?Cl;�i G 02242 9UMAIN mill It IMAM i(OiAs3Ii. Truv of 310 Caatlwarvd Cisvla NaAi�s i'r,..c Sri upder Dfvlaratioa of '1`t'uat ddY9d Oo�toihrr 19, 19 �o �0, rssgid with a�snstahl* County Ao�iatry of i>♦ada to hook 11 d, aa� tde haviaq ° . ' a a�eiliAq sddreas oi! 210 Thornton pzivs, �yanAie, Jcpgoacbuaatcs,'• 02401 - a...t+.a A '. L SidoracioA of tLad'!Y•S1't TAd18�11ip and 0o/10p ($06,000.001 pp�fent to SWOM **I*, of 300 a•arsaei Way, pyannts, Kasaaohuaftta, 01601 s ' v4th quIt02s30 covygBAti Tbo 1►arpaland, t together s with asr ab ildi Wa Chssdon, situated in 4d+aeribod aR fvllaWe� city, IdeaaavhWsetts, b000d6d and iainq ahown aa. LOT 122 oaatairsinq t,d78 square twt, on a pplop 0133:it1ed 'Caatlwood Perko 6UNIVIA104 Tian of LA44 is (dyeApia), earnotWo Ce33pty, "40a., &aalo 1" a 80" waver, 1965, Mercer Engi,uartaq Corp., South Yaxwouth, Na►a., which s4i4 Plan to duly og ratorcW With the aaraatable Chty �eQiat ► o�` Dasda 3LA an book 197, Page 97. Fos title, see dead racardsd iA yaek 73.10, V490 9`, UN F*VC N it 15 G d Ltj J�Lf D a' J1 G L;1 U J MIVIISS5 ll:e4 7757626 VERNCPP kl.Roy F BF 1 : ' MY-06-1994 15113 F3K l225 p s PG242 70a aj*osstad as it saeled iostrumaot thiez der at 1lps• J CP1lf101rNdAL" Or ma"CRUS MS lKrnst+Als, ss. Kalf 7 1999 1 Then p.reeme.11y oppearod the al+ar*•n4vwa Jw my x.loski, Trusts* as eior*saiw, aaa woMWISdied Ohs l0rojoJAV to be his. too Rct OrA dead on oRhalf of 340 Castlewood Cirale lRoaii4o'q•. atu••�.�,� before fie, `''NJ AL to sry o ---"�•'4 t' ,,�. >i,• Ky camission expires: 1i/ �• ,' • ' Jam 22.2004 .� r, •,..NQ�'4. ,•r �1 • �t r a 1 1 1 1 1 ' 1 i � 1 1 I1 � s 1 1 i 1 i 1 i 1 Notes 6 STANDARD FORM From the Office of: PURCHASE AND-SALE AGREEMENT t This 3 day of August 2000 1. pARTIEg" Martha m-b3or.in_of::360 Bearses Way,- Hyannis, MA 02601 AND MAILING ADDRESSES hereinafter calred-the SELLS&,-agrees-to-SELL and J-acqueShF.L-Morin,. T_rustee of Settlers Landing Realty Trust, ffigin) under declatation of trust dated August 3, 2 00, hereinafter called the BUYER or PURCHASER,agrees to BUY, upon the terms hereinafter set forth, thefofFdwrng described-premises: The land-- on Castlewood Circle, Hyannis, - � �. MA. ,_. known as assessors. map.-..2T3, Parcel' T2"2, for sellers title see deed recorded in Barnstable Registry of Deeds in (rill in and include Book 12119, Page 311. the reference) 3. BUILDINGS, STRUCTURES, thereon; res belonging_to the SELLER and used in connection therewith including,if IMPROVEMENTS, any,all wall-to-wal ery rods,automatic garage door-openers,venetian blinds, FIXTURES window shades,,screens,screen windows and doors,awnings,shutters,furnaces, heaters, heating equipment, stoves,ranges, of psittbitliLners and fixtures appurtenant thereto, hot wafer heaters,.plumb tg and�bathr res,.Barba erectric and other lighting fixtures, mantels, outside television antennas, fences, gates,tees,s and, ONLY IF BUILT IN, refrigerators, air conditioning equipment, ventilators, dishwashers, was s btA -- ••- 4!" vacant land 4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to the nominee designafedby_ti -BUM E wriftmneti e n ghe-SEL;LER at least seven -days before the deed is to be delivered as herein provided,and said deed shall reference any re pecffic c_ convey a good-and-clear record-and-marketable Me-thereto,free from encumbrances, except. tions,easements,rights (a)- Provl`sioni�-of-ebsti-rig building and-zoning taws; and-obligetians-krpsrty ( of written agreement; walls n�ineluded in(b� �.Su���Tsorr the- curry_ on the date of the delivery of lessesrmuniclpaland_ such deed; other bens, other encum (d) Any liens for municipal betterments assessed after the-date-of-this agreement; b W Easements, restrictions and reservations of-record, if any, so long as the same do not pro- vision to prated hibit or materially interfere with the current use of said premises; as single SELLER against BUYER's `(fl family residences. breach of SELLER's covenants in leases, where necessary. S PLANS- ffsaid deed-refers to a-pfan-necessary-to be recordedtherem the-SELLER shall deliver such plan with the deed in form adequate for recording or registration. _ 6:- REGISTERED rn.additiori to-the foregorng,.iftie titletosaid-premisesis-regisfeted,said deed shall be in form TITLE sufficient to entitle the BUYER to a Certificate of Title of said premises,and the SELLER shall .� deliver-with-said-deed all instruments,d.any,necessaryto-enable the BUYER to obtain such Certificate of Title. 7. PURCHASEPRTGE_ Tff6 agreedpurcfiase price for said premises is Seven hundred eighty thousand (ft�Tnspace.is _ Of}D dollars,of which abowed to wrde out ( 7 B o-' 0f3} the amounts if $ 10, 000.00 have been paid as a deposit this day and desired $ TTO-.,.9OT0_._U9-are_to-ie.paid:atthe.time-ofdelbVew-of_the orby--.. certified,cashier's,treasurer's or bank check(s). $ _ 780, 000.00 TOTAL EOPYRfGH T 0-1979,-1984,-4986,18E77,F988-499a A"ghts ms�,ed:Thisforrrrrrrayrwibe copied or reproduced in Mole GREATERSQSMQN-RFAI FSTATEBOARED _ r2r, or-in wirhoLd the prior express witten MAL Rev.1999 Form No.R3576 OPPO ein consent d the Greater Boston Real Estate Board. cwV 5.0 I TIMEFOIR Such deed is-to be delivered-at 10- o'clock A M:on the 15 day of PERFORMANCE; Novembe-r 20-0 ,atthe-- Barnstable DELIVERY(OF DEED_(M—InT Registry of Deeds,unless.otiierwise.agreed upon in.writing. It is-agreed-that time is of the essence of this agreement. 1 9. POSSESSION AND Full possession of said premises free of-all-tenants andoccupants,except as herein provided,is CONDITION OF to be delivered at the time of the delivery of the deed,said premises to be then(a)in the same , PREMISE condition as they now are, reasonable use and-wear thereof excep%d,and(b)not in violation of said (attach -W�_ building and�^_ninn I S� _�mpGance with_punvisionso£ao�c ument referred to in clause exceptOns,_if any) 4 hereof. The BUYER shall be entitled to personally enter said premises prior to the delivery of the deed in ordef to determine whether the condition thiereof complies wi"e terms of this clause. 10. EXTENSION TO If the SELLER shall-be unable to give fiffie or to make.conveyance,.or to deliver possession of the PERFECT TITLE premises-all as herein stipulated,or if at the time of the delivery.of the deed the premises do not OR MAKE conform with the provisions hereof, PREMISES CONFORM a.P.641runless the SELLER elects to use reasonable efforts to remove any.defects�in tire,onto d-eliverpossession as provided-herelh,or to make the said ' premises conform to the provisions hereof,as the case may be,in which event the time for performance hereof shall be eztendedfor a_period of thirty days. but__.in_..no event shall Seller be obligated to spend more than $2000.00 pursuant hereto 11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, PERFECT TITLE deliver possession,or make the premises conform,as the case may be,all as herein agreed,or if at OR MAKE anytime during the period of this agreement or any extension thereof,the holder of a mortgage on PREMISES said premises shall refuse to permit the insurance proceeds, if any,to be-used for such purposes,then CONFORM, etc. any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12. BUYER's The BUYER shall have the election,at either the original or any extended time for performance,to i ELECTION TO accept such title as the SELLER can deliver to the said premises in their then condition and to pay . ■ ACCEPT TITLE therefore the purchase price without deduction,in which case the SELLER shall convey such title, except that in the event of`such conveyance in accord with the-provisions of this clause,If the said premises shall have been damag-edl*fire-orsasualty..insured against,then the SELLER shall, unless the SELLER has previously restored the premises to their-former condition, either (a)_ pay over or assign.to the BUYER,on delivery.of the deed,all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any-partiaLrestoratio .or-_ (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned,give to the BUYER a credit against the purchase price,on.delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for am partial restoration. 13. ACCEPTANCE The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be OF DEED a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof,to be performed after the delivery of said deed. 14. USE OF To enable the SELLER to makes conveyance as herein.provided,the SELLER may,at the time of MONEY TO delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all CLEAR TITLE encumbrances or interests,_provided that all instruments so procured are recorded simultaneously with the delivery of said deed. 15. INSURANCE Until the delivery of the deed,the SELLER shall maintain insurance on said premises as follows: *Insert amount Type of Insurance Amount of Coverage (fist additionat- types of insurance (a)Fire and Extended-Coverage *$N/A and amounts as (b) age) 16. ADJUSTMENTS (CrsUoperating a faxes for.the then current fiscal i��ifany-or_ year,shall be apportioned as of the day of-performance of this attach schedule) agreement and-the net amount thereof be added to or deducted from,-as the case may be,the Ipurchase prr�p�BUYER atthwtinwofteliveryofthe-deed. j17. ADJUSTMENT if the amount of said taxes is not known at the time of the delivery of the deed,they shall be OF UNASSESSED apportioned on the basis of the taxes assessed for the preceding fiscal year,with a reapportionment AND as soon as the new tax rate and valuation can be ascertained;and, if the taxes which are to be ABATED TAXES apportioned shall thereafter be reduced by abatement,the amount of such abatement,less the reasonable cost of obtaining the same, shall be apportioned between the parties, provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. ' 18. BROKER's FEE (Min fee wBh is a SELLER to dollar amount or ' percentage;also name of Brokerage the Broker(s)herein, but if the SELLER pur the terms of clause 21 hereof retains the deposits firm(s)) made hereunder by the BUYER,said Brokers)sha ' ad to receive from the SELLER an amount equal to one-half the amount so retained or an amo to the Broker's fee for professional services according to this contract,whichever is the less 19. BROKER(S) The Broker(s)named herein WARRANTY aaa (Min name) 20. DEPOSIT All deposits made hereunder shall be held in escrow by seller's Attorney (fifiin name) as escrow agent subject to the terms of this agreement and shall be duly accounted for at the time for performance of this agreement. In the event of any disagreement between the parties,the escrow agent may retain all deposits made under this agreement pending instructions mutually given in writing.by the SELLER and the BUYER. The escrow shall be held in an interest bearing account. Interest shall fo-ilow the deposit. 21. BUYER's If the BUYER shall fail to fulfill the BUYER's agreements herein,all deposits made hereunder by the DEFAULT; BUYER shall be retained by the SELLER as liquidated damages DAMAGES and said deposit so retained shall be Seller's sole and exclusive remedy both at law and in equity. 2Z RELEASE-BY The SEE spouse hereby.agrees to.join in said-deed and"+o.rerease and convey all statutory and HUSBAND OR other rights and interests in said premises. WIFE 23. BROKER AS ; PARTY 24. LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity,only the TRUSTEE, principal or the estate represented shall be bound,and neither the SELLER or BUYER so executing, SHAREHOLDER, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or BENEFICIARY, etc. implied, hereunder. 25. WARRANTIES AND The BUYER acknowledges that the BUYER has not been fnffuenced to enter-into this transaction nor REPRESENTA- has he relied upon any warranties or representations not set forth or incorporated in this agreement or TIMS� previousry made in wriffng,.except"forfiie-f,-o owing ack[ oral.waran5es and representations, if any, (Min);if none, made by either the SELLER or the Broker(s): ' state"none;if any fisted,indicate by whom each war- anty or represen- tation was made 28. MORTGAGE '' CONTINGENCY s5on Qortgageloan of$ at prevailing CLAUSE rates;terms heZUYER's-diligent efforts a commitment for such loan (omd if not cannot be obtain 2 0 theBUYER may terminate provided for this agreement by written notice to the or the Broker(s),as agent(s)for the SELLER, in Offer to _prior to the.expiration.ofsuch.fime,whereupon any de under this agreement shall be Purchase) forthwith refunded and all other obligations of the parties her nd this agreement shall be void without recourse to ffie parties hereto. In no event witrthe BUYE� have used dTgenl etforEs fo obtain such commitment unless the BUYER submits a complete mor g 27. CONSTRUCTION This instrument, executed in multiple counterparts,is to be construed as a Massachusetts contract,is OF AGREEMENT to take effect as a sealed instrument, sets forth the entire contract between the parties,is binding upon and enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns,and may be cancelled, modified or amended only by a written instrument executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be 1 used in determining the intent of the parties to it. 28. LEAD PAINT , LAW of age resides in any residential premises in which any paint, plaster or other ac enal contains dangerous levels of lead,the owner of said premises mu cover said paint, plaster or other material so as to make it inaccessible to ch six years of age. 29. SMOKE The SELLER shall,at a elivery of the deed, deliver a certificate from the fire department DETECTORS of the ci ich said premises are located stating that said premises have been equipped 30. ADDITIONAL The initialed riders, if any,attached hereto,are incorporated herein by reference. PROVISIONS Buyer's obligations are contingent on obtaining a comprehensive ' permit from the Barnstable Board of Appeals for development of 56 single family homes, including 14 affordable homes under the New England Fund Program. Buyer may extend the closing for up to 60 days, if necessary, to obtain said permit. FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978, BUYER MUST ALSO HAVE SIGNED LEAD PAINT"PROPERTY TRANSFER NOTIFICATION CERTIFICATION" NOTICE: This is a legal document that creates binding obligations. If not understood, consult an attorney. �s��- It, � SELLER(or spouse) SELLER axpayer ID/ Taxpayer ID/ 1• 9yer BUYER ID/ Taxpayer ID/ 1 Broker(s) 1 � w TILE No. 523 08/03 '00 15:24 ID:LANIEP,FA.K6500 PAGE 2 DECLARATION OF TRUST ESTABLISHING SETTLERS LANDING REALTY TRUST i, ,iacc;ues N. Morin,of 300 Hearses Way, Hyannis, MA 02601,hereby declare that i hold any and all property that may be conveyed to me as Trustee hereunder for the sole benefit of the heneliciaries for th.e tulle being hereunder,upon the terms herein set fortla.. 1. The term "Trustee"or "Trustees," wherever used herein, shall include such person.nr persons who hereafter are serving m Trustee of,rrustees hereunder, and.the rights,powers, authority and privileges granted hereunder to the Trustees may he exercised by such person or persons, suhiect to the provisions hereol'. 1. "Hie 'trust hereby established shall be known as r "SETTLERS LANDING REALTY TRUST" 3. The origirntl beneficiaries of this Trust are shown on the Schedule of 13ene icittl Interests executed this day by them and the"Trustees, and filed with the Trustees. 4. The'Trustee shall hold the property conveyed to him as Trustee, and receive all the r gains and profits therefrom for the benefit of the beneficiary or beneficiaries front lime to time (hereinafter called the "beneficiaries"), and shall make all distributions pursuant to the directions ' of the beneficiaries. Provided, however, the Trustee acknowledges and agrees that the Trust has bec.n formed for the purpose of qualifying as a limited dividend organization as defined in the Code of Massachusotts Regulations at Chapter 760,Section 30.02 (t)and 37,02 (8)as amended, and by the Commonwealth of Massachtsetts Housing Appeals Coninniuee, The Trust will sponsor low or tn.ode.rat.e income housing developments as defined in Massachusetts General laws, Chapter ' 40B, Sections 20-23,and the regulations promulgated pursuant thereto,and will participate in the New England Fund Program of the Federal [come Loan Bank of Boston or other housing, programs eligible under said statute and regulations. In recognition and consldcration of the foregoing, the Trust will operate under the following restrictions which may not be amended or - deleted until every such dovelopment has been completed and all program reyuirenents enmplied with, The Trust shall not engage in any activity cn take any action with respect to the completion of any development in which the Trust shall realize a profit of more than twenty percent(20%) of total development costs,as defined in the applicable program. Furthermore,die Trust shall not make any distribution nor declare any dividend which would 1 : constitate a profit exceeding twenty percent(20%) of total development s FILE No. 523 06/03 '00 15:24 ID:LANIERFAh6500 PAGE casts, as above defined and shall comply with all requirements cif the New England Fund Program or other eligible program in connection with development of low or moderate income housing under the statute, ' 5. Subject to the consent of the beneficiaries,the't'rustees shall have bill power and authority r.o deal with all property conveyed to them as Trustees hereunder. Tilt Trustees shall have full legal title to all property of the Trust,wherever located or situated, at any time held or received by them as Trustees under terms of this Trust. h. Except as expressly provided in this instrument, the Trustees shall have no power W .. ' deal to oj-with the"Crust Estate, except as directed by the beneficiaries. When.,as, if and to the extent sheeitically directed by the beneficiaries, the Trustees shall have full power and authority to sell.aSSign. mortgage,deal.with, or otherwise dispose of,all or any part of the Trust property (mcludmg limitation,the full power and authority to delegate, by a writing signed by cane Trustee, to any person or persons,acting singly or together with others, and whether or net serving;as a Trustee hereunder, 1411 power and authority to sign checks, drafts,notes, bills of exchange,acceptances,underLikings and other instruments or orders for the payment, transfer or withdra-wal of money for whatever purpose and to whoinsoever payable, including those drawn to the individual order of a.signer, and all waivers of demand, protest, notice of protest or ' dishonor of any check, note,bill,draft or other instrument trade,drawn or endorsed in the name Ol said trtst),and as lesser or as lessee, to execute And deliver leases and sub-leases,and to borrow money and to execute and deliver note~or other evidence of such borrowing, and to grant or acquire rights or easements and enter into agreements or•arrangernents with respect to the Trust property. Any one Trustee may exercise the powers of all Trustees hereunder. I. Any and all instruments executed pursuant to powers herein contained may create obligations extending over any periods of title, including periods extending beyond the date of any possible. termination of this Trust. 8. Notwithsttinding, any provisions contained herein no Trustee shrill be required to take any action which will, in the opinion of such Trustee, involve him in any personal liability tulles 1 first indemnified to his satisfaction. Any person dealing with the`trustees shall be fully protected in accardattee with the pr(,)visions of Section 16 hereof. ' 9. The'trust shall terminate ninety nine (99)years after the life of the last to die of Jacques N, Morin,toeless sooner terminated as hereinafter provided. 10. Any Trustee hereunder may resign by written instrtrrnent signed and acknowledged 's by such Trustee arid recorded with Barnstable Registry of Deeds. 11. Succeeding,or additional Trustees may be appointed or any Trustee removed by an instrument or instruments in writing, � y signed b the beneficiaries, provided, in such case, that such instrument or inslrwilents or a certificate by an Trustee stating that a Trustee or Trustees Y have been so apix►inted or removed, and, in the case of tiny appointment,the acceptance in writing. by the Trustee or Trustees appointed,shall he recorded with said Deeds. -2- FILE No. 523 08/03 '00 15125 ID:LAN1ERFAX6500 PAGE 4 Notwithstanding the foregoing, in the event of the death «f a Trustee or resignation of a Trustee pursuant to Section 10 hereof, prior to the appointment and acceptance of appointment ol'a successor or additional'fm9tee, then Martha M. Morin of.'300 hearses Way, IIyannis, MA 02601, shall become the Successor Trustee hereunder,effective upon the recording at said needs of his acceptance of appointment and of either a Death Certificate or resignation,as applicable, of the previu}us Trustee. �- 12. Upon the appointment of tiny succeeding Trustee, the title to the.trust estate shall, thereupc:m,and without the necessity of any conveyance, be vested in said succeeding Trustee jointly with the remaining Trustees, if any. Each succeeding Trustee shall have all the rights, powers, authorit),and privileges as Knanied as an original Trustee hereunder. 1:3. No Trustee shall be required to furnish bond. 14. The Declaration off rust may be amended from time to time by an instrument in writing signed by die then Trustee(s)hereunder and authorized by the beneficiaries and acknowledged by sueliTrustee(s)or beneficiaries, provided, in each case, that the instrument of I amcndnient, or a certificate by the Trustees)setting forth the terms of such amendment, shall he recorded with said needs. 15. No Trustee hereunder shall he liable for any error or judgment nor far any loss arising out of any act or omission in good faith, by such 'Trustee, by any other Trustee or by any agent employee or representative of the Trustee, but shall be responsible only for his own willful ' breach of trust. The Trustees and each agent,employee or representative of the Trustees shall be entitled tco reimbursement out of the Trust property for his or their reasonable expenses and outlays and shall be indemnified and reimbursed for any personal loss, cost, liability,cxpensr: or ' damage by theca or any ot'them incurred or suffered in the administration of the Trust property or in conducting any business or performing any act authorized or permitted by this Crust,but such indemnity or reimbursen.ient shall be limited to the'Crust property anal no beneficiary shall be personally or individually liable therefor to any extent. No license of court shall be requisite to the validity of any transaction entered into by the Trustee. No purchaser or lender shall be under any liability to see to the application of the purchase money or of'any nioney or property located or delivered to the Trustees, or to see that the terms and conditions-of this Trust have been complied with. I ' 16. Every agreement, lease,deed,mortgage or Other instrument executed by any one TTUSteC shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that, at the time of the delivery thereof, this Trust was in full farce and effect and that ' the execution and delivery thereof was duly directed by the beneficiaries. The powers of the Trustees may be exercised by any one of the Trustees, and every ag;reemenl, lease,deed., mortgage or other instrument executed by any one Trustee shall be valid and binding on all Trustees and this Trust. �1ny person dealing with tlac'Trust property or the Trustees may always rely,without 1 further inquiry,on a Certificate signed by any one person,appearing from the records of said _;3_ &1 FILE No. 523 08/03 '00 15:26 ID:LAPI1ERFAXE500 PAGE 5 Deeds, to he'Trustee hereunder as to who are the trustees or the beneticiarics hereunder, or as to the authority of the Trustees to act,or as to the existence or non-existence of any tact or facts which constitute conditions precedent to acts by the Trustees,or which are in any other manner lem,ane to the affrtirs of this Trust. 17. Notwithstanding anything to the contrary herein contained, the'trustee shall have w4thority to hypothecate or mortgage all or any part of the Trust property on such terms as the Trustees may deem advisable. 18. Except as otherwise herein provided,every act or thing;done and every power exercised or obligation incurred by a Trustee in the administration otthis Trust or in connection with any business property or concerns of this Trust, whether osten3ibly in his own name or in his capacity as Trustee, shall be done,exercised or incurred by him as n Trustee and not as an individual;and every person contracting or dealing with the Trustees or any of them or having, any delft, claim or_judgment against them shall look only to the lunds and property or the Trust for pa.ymem or satisfaction;and no Trustee, beneficiary or agent of the'Trust sliall never be personally liable for or on account of any contract, debt, tort, claim.,damage,judgment or decree arising out of or in connection with the Trust property or the conduct ofthe business ol'the Trust. A stipulation or notice to this effect=y be inserted in any contract or it,strament executed by the Trustees or their agents,but the omission thereof shal I not be construed as a waiver of the foregoing;provision and shall not render the'rrustees or their agents personally liable. Notwithstanding the foregoing,I1oWCVer, the restrictions contained within this Paragraph shall not apply to any agreement or obligation,provided the same is in writing,and further provided the signature ut the Trustee involved appears immediately above or next to the work "individually" ' �%'1TNF.SS the execution hereot'tn,de- eal, this —' day of'Aubust,1000. / 4:�z4' .f cqu��'N. Mot7n COM1f2ONWEAGTH OF MASSACHUSETTS Barnstable, ss. r�� ��� , 2000 Then personally appeared the above-named JACQUIRS N. MORN and acknowledged the Ibreboing, instrument to be his tree act and deed before me. Notary Public My Commission Expires: �-e s S CS,. -4- i � r � t OO O ' The Town o Barnstable G� � f Ba table Vta s 1AAMABU" Office of Town Manager KAM t6J9' ► � 367 Main Street,Hyannis MA 02601 �D MKS Office: 508-862-4610 John C. Klimm,Town Manager ' Fax: 508-790-6226 ' June 12, 2000 ' Jacques Morin Bayberry Building Company, Inc. 300 Bearses Way Hyannis, MA 02601 ' Re: 56 unit affordable housing development off Castlewood Circle, Hyannis Assessor's Map 273, Parcel 122 ' Dear Mr. Morin: ' Reference is made to the proposal of Bayberry Building Company, Inc. and/or a related company, to build a 56 unit single family affordable housing development on the above- referenced property, including 14 houses that will be sold to income-eligible first time home buyers (earning no more than 80% of the Barnstable County annual median ' income). It is my understanding that the development will be built under the New England Fund Program of the Federal Home Loan Bank of Boston, and that you will be ' applying to the Town of Barnstable Zoning Board of Appeals for a Comprehensive Permit under M.G.L. Chapter 40B, Sections 20-23. ' In order for the development to proceed,-it will be necessary for the proposed houses to be connected to the Town of Barnstable sewer system. The closest existing sewer line is Daybreak Lane, part of the Cobblestone Landing subdivision. There is a portion of the ' subdivision which abuts your proposed site, and which is shown on the Cobblestone Landing subdivision plan as "Reserved For Future Roadway 50'Wide". The distance from the edge of the layout of Daybreak Lane across said reserved way to the Morin ' property is 107.25 feet, plus or minus. As part of the preliminary review process, your proposal had received the preliminary ' support of the Barnstable Housing Committee, including a recommendation that this development be granted permission to connect to the Town sewer system (both-said r support and recommendation subject to the review by the Committee of the.application to the Zoning Board of Appeals under the New England Fund Program guidelines). ' Other pertinent background information on the sewer is the Sewer Easement to the Town from Cobblestone Landing, Inc. dated September 30, 1997, recorded with Barnstable Registry of Deeds in Book 11090, Page 172, the Open Space Restriction—Easement to ' the Town from Franco Family Nominee Trust dated January 11, 1989, recorded with said Registry in Book 6592, Page 30, and the authority for municipal connections to and installation of sewer lines, under M.G.L. Chapter 83, Section 1 et. seq. and Chapter 187, Section 5. Given the clear and compelling need for affordable housing in Barnstable, which is now.. ' widely acknowledged and which the Town is attempting to address in various ways, and based on the above, it is the position of the Town Manager, on behalf of the Town of Barnstable, to support this proposal, and urge the Zoning Board of Appeals to grant a ' Comprehensive Permit. It is my recommendation that the approval of this proposal is in the public interest of the Town of Barnstable, and that the granting of the Comprehensive Permit should include the issuance of all local permits and approvals from the Department of Public Works and other applicable Town boards for the necessary sewer connection and extension from Daybreak Lane, subject only to any state approvals that may be required from the Commonwealth of Massachusetts Department of ' Environmental Protection and/or Executive Office of Environmental Affairs. I wish you good luck with the development of this project, which will help provide much ' needed affordable housing to first-time home buyers in the Town of Barnstable. Sin o r , ' J n C. Klimm OWN MANAGER JCK: lrw n - 1 1 1 1 1 1 1 1 N 1 � s 1 1 1 1 1 1 1 1 w 8 � SETTLER'S LANDING HOME DISBURSEMENT Lot# Plan Name Conveyed At Comments 1 Hawthorne Market 2 Lexington Market 3 Williamstown Market ' 4 Vineyard Affordable 5 Rockport Market 6 Chelmsford Market 7 Williamstown Market 8 Nantucket Market 9 Stockbridge Market 10 Hawthorne Affordable ' 11 Rockport Market 12 Lexington Market 13 Vineyard Affordable ' 14 Nantucket Market 15 Williamstown Market 16 Chelmsford Affordable 17 Stockbridge Market 18 Rockport Market 19 Lexington Market ' 20 Williamstown Market 21 Nantucket Affordable 22 Chelmsford Market 23 Lexington Market ' 24 Stockbridge Market 25 Hawthorne Affordable 26 Rockport Market ' 27 Nantucket Market 28 Chelmsford Affordable 29 Williamstown Market 30 Vineyard Affordable 31 Stockbridge Market 32 Lexington Market 33 Hawthorne Market ' 34 Rockport Market 35 Nantucket Market 36 Chelmsford Affordable 37 Rockport Market 38 Williamstown Market 39 Lexington Market ' 40 Nantucket Market 41 Rockport Market 42 Stockbridge Market 43 Hawthorne Affordable 44 Lexington Market 45 Williamstown Market 46 Nantucket Market 47 Chelmsford Affordable 48 Lexington Market 49 Hawthorne Market 50 Vineyard Affordable 51 Rockport Market 52 Nantucket Market 53 Hawthorne Affordable r 54 Chelmsford Market 55 lVineyard Affordable 56 IStockbddge Market 1 1 1 1 ' 9 I � 1 1 1 1 - 1 9 , 7 o , ' o - a a 1z RQ 4YP e 'i'�'4 e h7' 11 _Z.p 1� a L 9' .4� 191D35 191 i�3 J111i \ 1 6 1 I I✓,\( \ 9 A;-50 19`3 6 I I / '-9 T' NIL 11M7 ' ., 'ALI 191- \\ - II \A 15 N I - MAP 273 PARCELS 122 & 032 w-d I SCALE: 1"=400' 1 *NOTE: Planimetrics,topography,and **NOTE:The parcel lines are only graphic representations DATA SOURCES: Planimetrics(man-made features)were interpreted from 1995 aerial photographs by The lames vegetation were mapped to meet National of property boundaries. They are not true locations,and W.Sewall Company. Topography and vegetation were interpreted from 1989 aerial photographs by GEOD Map Accuracy Standards at a scale of do not represent actual relationships to physical objects Corporation. Planimetrics,topography,and vegetation were mapped to meet National Map Accuracy Standards 1"=100'. an the map. at a scale of 1"=100'. Parcel lines were digitized from 2000 Town of Barnstable Assessor's tax maps. r i 10 1 1 1 1 r Notes 1 io 1 1 1 1 SE17LERS LANDING PRO-FORMA ES IM ES 1 Number Homes At Market Rate 42 Number Homes At Affordable Rate 14 1Total Homes 56 Land Purchase $780,000.00 1 Raw Lot Cost $13,928.57 HARD CO Road Cost Q 2200 L.F. $128.864 L.F. $283,500.00 Sewer Cost $140 000.00 Si na a Entrance&Street $2,200.00 Entrance Landscaping $3,400.00 Hard Cost Contingency -8% $34,328.00 SOFT COST Legal $7,000.00 Title Ins./Close Loan $10,000.00 Consortium Point $25,000.00 Site Engineering $33,600.00 Architectural Plans $20,000.00 Marketing Commissions $463,680.00 Affordable Unit 3%Selling Fee $47,964.00 Advertising $0.00 ZBA Application Fee $5,600.00 Accounting $14,000.00 Closin Cost-Legal $28,000.00 Land Appraisal $1,500.00 Construction Loan Appraisal $4,000.00 Insurance $18,000..00 Road Bonds $2,800.00 ' Real Estate Taxes $27,400.00 Developer Overhead-.05% $404,228.60 Soft Cost Contingency -3% $20,434.32 Project Loan Carry Cost $286,251.00 Total Land& lmpmeovmnts 2,662,885.92 Finished Lot Cost /56) $47,551.53 Finished Lot Cost $47,551.53 ve.Land&House Cost $157,551.53 Total Land& Improvements $2,662,885.92 ' Total Land, Improvements & Construction Cost $8,822,885.92 vera a Sales Price For 42 tomes $184,000.00 Total Revenue @ 42> $7,728,000.00 Average SoLes Price For 14 Home $114,200.00 Total Revenue-@-JA>- SIjamoo.00 Total Revenue From Sales $9,326,800.00 otal Revenue From Sales. $9,326,800.00 LESS -Total Land, Improvements&Construction Cost 8 822 8 5 2 LESS-Land Access Purchase $85,000.00 LESS-Move Access Structure $12,800.00 otal Project Profit $406,114.08 Percent Profit On Total Revenue 1.60% � „ r _� 1 1 1 1 � 1 1 REGULATORYAGREEMENT HILBB-NEW ENGLAND FUND] For Ownership Projects 1 This Regulatory Agreement (this "Agreement") is made this day of 1999 by - , a Massachusetts r.having an address at.. _ - MA. ("Developer") and the Bank (the "Member"), a member institution of the Federal Home Loan Bank of Boston. BACKGROUND.- A. The Developer intends to construct a unit homeownership development on a - -acre site on Street in , more particularly described in Exhibit A attached hereto and made a part hereof(the "Project"); B. The Developer has received a comprehensive permit (the "Comprehensive Permit") for the Project from the Zoning Board of Appeals for the Town of (the "Municipality") under Chapter 40B of-the Massachusetts General Laws, with permit is recorded at the Noriolk Registry of Deeds in Book Page ; C. The Comprehensive Permit has specified that units, or 25% of the total units in the Project will be affordable uni',s (the "Affordable Units") and ' will be sold to households earning no wire. Phan eighty percent (80%) of the median income, by household size, for the Boston Primary Metropolitan Statistical Area (tile "Base Income") as published from time to timc by the Department of Housing and Community Development or successor agency ("DI ICI)"), and that those affordable units will remain affordable in perpetuity; D. The Project is being financed by the member with the proceeds from an advance provided by the Federal Home Loan Bank of Boston's New England Fund ("NEF") and the NEF requires that the project provide the number of Affordable Units described above; E.. Pursuant to the requirements of the Comprehensive Permit and this Regulatory Agreement, the Developer has agreed that the I I .. Board of Selectmen, or its designee (the "Monitoring Agent")shall perform monitoring and enforcement services regarding compliance of the Project with.the Affordability ' Requirement and compliance of the Developer with the Limited Dividend Requirement. I 1. NOW THEREFORE, in consideration of-the agreements and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Member hereby agree and covenant as follows: I. Unit Distribution. The distribution of the Affordable Units by unit size shall be as set forth below: 0BR I BR 2BR 3BR 4 ' BR 0 —0 Number of Units —0 —0— — — ' Maximum Sales Price Discount Rate 7-he maxinrurrr sales price shall be established so that a household earning the Base Inco►ne for a family of four would pav no more than 30% of gross irrcoine for the sum of annual debt sei-vice on a mortgage of 90% of the sales price (including principal and interest)phis properly taxes, insurance and anv condominiun0iomeowner association fees. The Discount Rate has been established by appr-aisal. 2. Affordability. The Affordable Units shall be sold to households who have an annual income equal to or less than the Base Income. The Base Income will be adjusted from time to time according to DI ICD guidelines. The maximum sales price for the Affordable Units at subsequent re-sales shall be determined by applying 1 a discount rate, established at the time of initial sale, to the appraised value at the tirne of resale. The discount rate is the percentage of the unit's fair market value for which the unit sold, as determined by an appraiser at the time of the initial sale. This rate shall be applied to the fair market value of the unit at the time of resale, as determined by an appraiser retained by the seller of the Affordable Unit. Tlie unit must be sold to a household earning no more than the Base Income. 3. Deed Riders. At the time of sale of the Affordable Units by the Developer, the Developer shall execute and shall as a condition of sale cause the purchasers of the Affordable Units to execute a deed rider in the form of Exhibit B attached hereto and made a part hereof(each a Deed Rider"). Each Deed Rider shall require the unit owner at the time lie/slie desires to sell the Affordable Unit to notify the Monitoring Agent of the discounted purchase price based on a appraisal ordered by the seller and more particularly described in the Deed Rider. The owner of the Affordable Unit must thereafter offer the unit to the Municipality which, within thirty(30) days of notice of such offer may or may not exercise its first right- of-first refusal; and if not, the seller must find a purchaser who meets the income guidelines, using due diligence to do so. 1 1 If the Affordable Unit owner is unable to find an eligible purchaser within a sixty (60) day period from the end of the Municipality's first 30 day right of first refusal, then said owner must again offer the unit to the Municipality which, within thirty (30) days of notice of such offer may or may not exercise its second right-of- first-refusal; and if not, the seller can sell the unit to any person, regardless of his/her income and at any price, free of'any future resale restrictions, provided that the difference between the actual resale price and the discounted purchase price shall be paid to the Municipality for deposit in an affordable housing fund to be used by the Municipality to support other affordable housing within the municipality. The Deed Rider shall require the Affordable Unit owner and any purchaser to execute at the time of resale a similar Deed Rider which shall be attached to and made a part of the deed f'roin'the owner to the purchaser, so that the affordability of each Affordable Unit will be preserved each time that subsequent resale.of the Affordable Unit occurs during the term as specified Section 11 of this Agreement. 4. Dividend Limitation. Developer agrees that the profit to the Developer or to the partners, shareholders, or other owners of Developer or of the Project shall not exceed twenty.percent (20%) of total development costs.of the Project, exclusive of development fees (the "Allowable Profit"). Upon issuance of a final Certificate of Occupancy for all of the units in the Project, the Developer shall deliver to the Monitoring Agent an itemized statement of total development costs together with a statement of gross sales revenues from the Project received by the Developer to date certified by the Developer ("Certified Cost and Income Statement"). "Profit", when calculated by the Monitoring Agent to determine the Allowable Profit, shall be measured as the excess ofcertified income, less any brokerage commissions and selling expenses over certified costs and less all development costs related to the project except costs incurred by the developer as administrative and overhead expenses (which shall be considered as part of Developer Profit). Acceptable development costs include, but are not limited to, the cost of site acquisition, defined as that value which call be underwritten by the Project and which can be supported by the Bank's appraisal upon which its construction loan is based. If all units in the Project have not been sold as of the date the Certified Cost and Income Statement is,delivered to the Monitoring Agent, the Developer shall at least once every ninety(90) days thereafter, until such time as all of the units are sold, deliver to the Monitoring Agent an updated Certified Cost and Income Statement... After all units_ in the Project have been sold, the Developer shall deliver to the jMonitoring Agent a final Certified Cost and Income Statement. All profits from the Project in excess of the Allowable Profit shall be paid by the Developer to the Municipality for deposit in an affordable housing fund to be used by the Municipality for the purposes of encouraging, creating or subsidizing the i , construction or rehabilitation of affordable housing elsewhere in the Municipality. 5. Affirmative Marketing. The Developer shall not discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin or any other basis prohibited by law in the selection of the buyers for the Affordable Units. The Developer shall afTirmatively market the Affordable Units in accordance with the Comprehensive Permit to minority households through direct outreach efforts to local churches, social service and civic organizations as well as local and area-wide newsprint media where minority households are most likely to be contacted. This ' outreach effort must continue for a period of at least 60 days prior to the selection of buyers for the Affordable Units. The Developer agrees to maintain for at least five (5) years following the sale of the Affordable Units, a record of all newspaper ads; outreach letters, translations, leaflets and any other outreach efforts, which may be inspected by the Monitoring Agent or the Municipality, at any time upon request. 6. Recording. Upon execution hereof, the Developer shall immediately cause this Agreement to be recorded with the Norfolk Registry of Deeds or, if the Project consists in whole or in part of registered land, to be filed with the Norfolk Registry District of the Land Court. Upon recording and/or filing as applicable, the Developer shall immediately transmit to the Bank and the Monitoring Agent ievidence of such recording and/or filing. 7. Representations. The Developer hereby represents, covenants and warrants as follows: (a) The Developer (i) is a duly organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business under the laws of this State, (ii) has the power and authority to own properties and assets and to carry on its business as now being conducted, and (iii) has full legal right, power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Developer(i) will not violate or, as applicable-, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and (ii) will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note or other instrument to which the Developer is a party or by which it or the Project is bound, and (iii) will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Developer will, at the time of execution and delivery of this Agreement, have good and marketable title to the Project free and clear of any lien or encumbrance, subject to the encumbrances created pursuant to this Agreement, any loan documents relating to the 1 . ' Project, or other permitted encuinbrances. 8. Governing Law/Amendments/Sevcrabilily. This Agreement shall be governed by the laws of The Coin monwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the retraining portions hereof. 9. Monitoring Agent. The Developer shall retain and pay the fees of the Monitoring Agent for purposes of monitoring Developer's performance hereunder pursuant to an agreement acceptable to the Monitoring Agent and the Member. All notices and reports required to be submitted hereunder shall be submitted directly to 1 the Monitoring Agent. The Monitoring Agent shall have authority to act in all matters relating to this Agreement. 10. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when trailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice. Developer: Monitoring Agent: Board of Select►nen 11. Term. The ter►1i of this Agreement shall be in perpetuity, provided that, after conveyance of any unit to an eligible purchasing household, this Agreement shall terminate with respect to that unit if that unit is acquired by foreclosure or instrument in lieu of foreclosure so long as the holder of the mortgage on that unit has given the Bank and the Monitoring Agent and the Municipality not less than sixty (60) days' prior written notice of the Holder's intention to foreclose the mortgage or to accept an instrument in lieu of foreclosure. Upon the expiration of the tern of this Agreement, each of the then owners of 1 i Affordable Units shall be bound to pay to the Municipality all proceeds of sale in excess of the discounted purchase price upon sale of such Unit, which sale shall be at arms length and for (air market value of such [snit. The Developer 12. Successors and Assigns. 3 intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the tern of this Agreement, and are binding upon the Developer's successors in title, (ii) are not ' merely personal covenants of the Developer, and (iii) shall bind the Developer, its successors and assigns for the term of the Agreement.in or�weDeveloper hereby agrees altl� of Massachusetts to be any and all requirements of the laws of The C satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any 1 requirements of privity of estate are also deemed to be satisfied in full. 13. Default. If any default, violation or breach by the Developer hereunder is riot cured to the satisfaction of the Monitoring Agent within thirty (30) days after notice to the Developer thereof, then the Monitoring Agent may send notification to the Member and the Cl-I1-1313 that the Developer is in violation of the terms and conditions hereof. 'i'hc Member may exercise any remedy available to it. The Municipality or the Monitoring Agent may also exercise any legal remedy P available to it. The Developer shall pay all costs and expenses, including legal fees, incurred by Monitoring Agent ill enforcing this Agreement and Developer hereby agrees that the Member and its agents, including the Monitoring Agent, shall have a lien on the Project to secure payment of any such costs and expenses. The Monitoring Agent, may perfect such a lien on the Project by recording.a certificate setting forth the amount of the costs and expenses due and owing in the.Registry of Deeds or the Registry District of the Land Court for the county in which the Project is located. A purchaser of the Project or any portion thereof shall be liable for the payment of any unpaid costs and expenses which Nvere the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. 14. Mortgagee Consent. The Developer represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed a consent to this Agreement. Y onsibilit of MonitoringA ent. The Monitoring Agent shall not 15 Resp be held liable.for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 16. Indemnity. 'file Developer agrees to indemnify and hold harmless the Monitoring Agent against all damages, costs and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its relationship to the Project under this Agreement and not involving the Monitoring Agent acting in bad faith and with gross negligence 17. Amendments. This Agreement shall not be amended without written consent of the Monitoring Agent. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as a sealed instrument as of the date first above written. DEVELOPER: MEMBER: By. By . COMMONWEALTH Ol" MASSACHUSETTS ss. 1998 Then personally appeared the above-named , the of. and acknowledged the foregoing instrument to be the free act and deed of bcfbre me. fu lic Notary b My Commission Expires: 334383 I 1 1 1 I ' MONITORING SERVICES AGREEMENT [HILBB-NEW ENGLAND FUND] For Ownership Projects THIS AGREEMENT is made as of the day of , 1999, by and between i , a Massachusettshaving an address at . ("Developer') and Board of Selectmen of the Town of ,MA. with an address at ("Monitoring Agent"). Backr;round A. The Federal Home Loan Bank of Boston ("FHLBB") has agreed to provide a subsidized advance (the "Subsidized Advance") under the New England Fund(the "NEF") to (the"Member") for the purpose of financing a project containing residential housing units located at � Massachusetts(the "Project"). B. The Project has received a comprehensive permit from the Zoning Board of Appeals of the Town of' (the "Municipality") under Massachusetts General Laws, Chapter 40B (the"Comprehensive Permit") and is subject to a regulatory agreement(the"Regulatory Agreement") between the Member and the Developer of the Project (the "Developer"). C. Pursuant to the guidelines of the NEF, the Comprehensive Permit and the Regulatory Agreement, at least units in the Project (the Affordable Units") are required to be sold to households whose incomes do not exceed 80% of the median income (adjusted for household size) for the Boston Primary Metropolitan Statistical Area. In addition, the Affordable Units will be subject to deed riders governing resale (the "Affordability Requirement") in perpetuity. D. Pursuant to the NEF guidelines rfor Tie Developer not receive comprehensive h may ojects, tile Comprehensive Permit and the Regulatory Age j profit in excess of 20% of total development costs (as defined in the Regulatory Agreement, Section 4) of the Project (the "Limited Dividend Requirement"). E. Pursuant to requirements of the Regulatory Agreement and'the Comprehensive Permit, the Developer has agreed to retain the Monitoring Agent to perform monitoring and enforcement services regarding compliance of the Project with ithe Affordability Requirement and compliance of the Developer with the Limited Dividend Requirement. Agreement For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Monitoring; Services. Monitoring Agent shall monitor the compliance of the Project with the Affordability Requirements and the compliance of the Developer with the Limited Dividend Requirement, including: (i) Receipt of cost certifications for the Project from the developer. (ii) Review of(x) the adequacy and completeness of cost certifications and(y) the substantive compliance of the Project with the Affordability Requirement and of the Developer with the Limited Dividend Requirement. (iii) Review of income certifications, deeds and deed riders with respect to initial sales of Affordable Units. (iv) Monitoring of re-sales of Alfordable Units for compliance with the teens of the applicable deed riders and issuance of certifications, as appropriate, ' approving re-sales and the payment of recapture amounts. (v) Preparation annually of a report (the "Annual Compliance Report") to the Member, FI ILBB and the Municipality on the compliance(x)of the Developer with reporting requirements (so long as the Developer still owns units in the Project), (y) of the Project with the Affordability Requirement and (z) of the Developer with the Limited Dividend Requirement (so long as the Developer still owns units in the Project). The Annual Compliance Report shall indicate the extent of i noncompliance with the relevant reporting and/or substantive requirements, describe efforts being made by the Developer to remedy such noncompliance and, if appropriate, recommend a demand by the Member for repayment of the loan to the Developer or other possible enforcement action against the Developer. (vi) Circulation of an Annual Compliance Report to the FHLBB, to the Member(while its loan is still outstanding) and to the Zoning Enforcement Officer of the Town of Wellesley within 120 days after the end of each calendar year. The Monitoring Agent shall provide reasonable supplemental monitoring on its own initiative in order to ensure to the extent practicable the compliance of the Project and the Developer with the Affordability Requirement and the Limited Dividend Requirement. The services hereunder shall not include any construction period monitoring. The services hereunder shall include follow-up discussions with the Developer, if appropriate, after an event of noncompliance. �. 2. Monitoring Services Fee. The Monitoring Agent shall receive a fee from the Developer at the time of execution of this Agreement. If the amount of the fee is not agreed to by the Developer and the Municipality at such time, then the amount of the fee shall be determined as follows: each side shall designate an arbitrator familiar with multi- family residential development in the Greater Boston area, and the two arbitrators so chosen shall designate a third such arbitrator. The three arbitrators so chosen shall, within fifteen (15) days of their appointment, determine the amount of said fee. Each side shall pay for their own arbitrator, and shall share equally the cost of the third arbitrator. Such fee shall constitute payment for the services of the Monitoring Agent with respect to the 1 Limited Dividend Requirement and the initial sales of the Affordable Units. As provided in the Deed Rider with each Affordable Unit, the Monitoring Agent sliali receive a fee of one-half of one percent of the maximum Affordable Unit Sales Price, to be paid by the Seller of the Affordable Unit at closing, for the services with respect to monitoring the sales transaction as spelled out in this Agreement. FI iLBB shall have no responsibility for payment of any fee to Monitoring Agent hereunder. 3. I;ci£orcement Se rvices. In the event of serious or repeated violations of tile. substantive or reporting requirements of the Regulatory Agreement or a failure by the Developer to take appropriate actions to cure a default under the Regulatory Agreement, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforcement action against the Developer, including, without limitation, notice to the FHLBB, to the Municipality and/or to the Nicnibcr or legal action to compel the Developer to comply with the requirements of the Regulatory Agreement. The Regulatory Agreement provides for payment by the Developer of fees and expenses r (including legal fees) of the Monitoring Agent in the event enforcement action is taken against the Developer thereunder and grants to the Monitoring Agent a lien on the Project to secure payment of such fees and expenses. The Monitoring Agent shall be entitled to iseek recovery of its fees and expenses incurred in enforcing the Regulatory Agreement against the Developer and to assert a lien on the Project to secure payment by the Developer of such fees and expenses. In the event of violation of the provisions of a deed rider, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforcement action against the unit owner or the unit owner's successors in title, including, without limitation, notice to the FHLBB, to the Municipality and/or to the Member legal action to compel the unit owner to comply with the requirements of the relevant deed rider. The form of deed rider will provide for payment by the unit owner of fees and expenses (including legal fees) of the Monitoring Agent in the event enforcement action is taken against the unit owner thereunder and will grant to the Monitoring Agent a lien on the unit to secure payment of such fees and expenses. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing a deed rider against the unit owner and to assert a lien on the relevant unit to secure payment by the unit owner of such fees and expenses. The Monitoring Agent shall not be entitled to seek any compensation or reimbursement from FHLBB or the Member in connection with the enforcement services under this Section 3, it being understood that the Monitoring Agent shall look solely to L i the reimbursement rights described above for pavment of the Monitoring Agent's costs and expenses. Nothing in this Agreement shall be construed to require the Monitoring Agent to expend more than $20,000 in enforcing the provisions of the Regulatory Agreement or to take any particular enforcement action against Developer. 4. Term. The monitoring services are to be provided for the full term of the Regulatory Agreement which is 99 years after sale of the first Affordable Unit. The term iof this Agreement shall end on the date six months aller the end of the 99th full year after sale of the first Affordable Unit. 5:, Responsibility of Monitoring Agent. The Monitoring Agent shall not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 6. Indenuuty. The Developer agrees to indenuiify and hold harmless the Monitoring Agent against all damages, costs and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its relationship with the Project under this Agreement and not involving the Monitoring Agent acting in bad faith and with gross negligence. r7. Applicable Law. Tliis Agreement, and the application or interpretation hereof, shall be governed by the laws of The Commonwealth of Massachusetts. 8. Binding Agreement. This Agreement shall be binding on.the parties hereto, their heirs, executors, personal representatives, successors and assigns. 9. Headings. All paragraph headings in this Agreement are for convenience of reference only and are not intended to qualify the ►neaning of the paragraph. IN WITNESS WHEREOF, the parties Hereto have caused this Agreement to be duly executed as of the date first written above. By: Title: Board of Selectmen, By: i i 1 1 I � 1 i 1 � 1 i 1 1 1 i 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 i 1 iz 1 1 Notes 1 1 1 1 1 1 1 1 1 1 !1 iz 1 DEED RIDER ' For FHLBB New England Fund Ownership Project ' (annexed to and made part of that certain deed(the"Deed") from ("Grantor") to ("Grantee") t dated , 1999_.) 1 WITNESSETH: WHEREAS,the Town/City of , Massachusetts (the"Municipality'* is the owner of a certain parcel of land located in ,Massachusetts(the"Land"); WHEREAS, the Municipality wishes to provide affordable housing to individuals and. it housing facilitating the development of a multifamily g families of low and moderate incomes b g P f Y complex on the Land in order to provide such affordable housing; ' WHEREAS the Developer of the Land has received a comprehensive permit under Chapter 40B of M.G.L. for the purpose of constructing (—)residential units (the "Project") comprised of (_)units to be sold by the Project Developer at market rates and (_) units to be sold by the Project Developer to households with low and moderate incomes in accordance with the terms and provisions of the Regulatory Agreement by and between the Project Developer and the Member, as part of the New England Fund Program(the"Regulatory Agreement"); WHEREAS, the Municipality has determined that the rights and restrictions granted herein to the Municipality serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the restricting of the resale price of property in order to assure its affordability by future low and moderate income purchasers; WHEREAS, pursuant to the Regulatory Agreement for this Project, eligible purchasers such as the Grantee are given the opportunity to purchase certain property at a discount of the property's appraised fair market value if the purchaser agrees to convey the property on resale to an eligible purchaser located by the Municipality or,to the Municipality, for a"Maximum Resale Price" equal to the appraised fair market value of the property at the time of resale, as determined by the Monitoring Agent, (as specified in the Regulatory Agreement)multiplied by the applicable ' Discount Rate (as hereinafter defined), or, if there is no eligible purchaser who can qualify to purchase the property at the normal Maximum Resale Price, then to an eligible purchaser for a ' lesser, modified Maximum Resale Price equal to the amount for which an eligible purchaser can qualify; [Also see §2(e),below.] I WHEREAS, the Grantor and the Grantee are participating in the NEF Program, and in accordance with the NEF Program the Grantor is conveying that certain real property more particularly describe din the Deed ("Property") to the Grantee at a consideration which is less than the appraised value of the Property; and WHEREAS, a Discount Rate equal to %of the appraised fair market value of the Property(the"Discount Rate") is hereby assigned to the Property, and such Discount Rate shall be used in determining the Maximum Resale Price of the Property ; NOW THEREFORE, as further consideration from the Grantee to the Grantor, and the Municipality for the conveyance of the Property at a discount in accordance with the.Regulatory Agreement, the Grantee, his heirs, successors and assigns, hereby agrees that the Property shall be subject to the following rights and restrictions which are hereby imposed for the benefit of, and shall be enforceable by,the Grantor's assignees and designees, or the Monitoring Agent, or the Municipality, acting by and through its Chief Elected Official. ' 1. Riuht of First Refusal: (a) When the Grantee or any successor in title to the Grantee shall desire to sell, dispose of or otherwise convey the Property, or any portion thereof, 1 the Grantee shall first notify the Monitoring Agent and subsequently the Municipality in writing of the Grantee's intention to so convey the property (the"Notice"). The Notice shall contain an appraisal of the fair market value of the Property(assuming the Property is free of all restrictions ' set forth herein) acceptable to the Monitoring Agent prepared by a real estate appraiser acceptable to the Monitoring Agent and qualified to appraise property for secondary mortgage markets and recognized as utilizing acceptable professional appraisal standards in Massachusetts, and the Notice shall set forth the Discount Rate and the Maximum Resale Price of the Property. Within thirty(30)days of the giving of the Notice by the Grantee, the Municipality shall notify the Grantee in writing as to whether the Municipality is proceeding to locate an eligible purchaser of the Property or the Municipality shall exercise its right of first refusal to purchase the Property(the"Municipality's Notice"). For the purpose of this Deed Rider, an"eligible purchaser" shall mean a purchaser who satisfies the criteria set forth in the Regulatory 1 Agreement, and who, if located by the Municipality, is ready and willing to purchase the Property within ninety(90) days after the Grantee gives the Notice. (b) In the event that (i)the Municipality's Notice states that the Municipality does not intend to proceed to locate an eligible purchaser and that the Municipality does not intend to exercise its right of first refusal to purchase the Property, or the Municipality fails to give the 1 Municipality's Notice within thirty(30) days, the Grantee must use diligent efforts to find an eligible purchaser within a one hundred twenty(120) day period from the date the Property is put on the market, as determined by the date of the first advertisement for sale, as set forth below. ' The term"diligent efforts"as used herein shall mean(A) the placement of an advertisement in the-real estate section of at least one newspaper of general circulation for a period of three consecutive weeks which sets forth a customary description of the unit for sale, the Maximum 1 Resale Price, Grantee's telephone number, and the phrase: "Sale of unit subject to certain guidelines and restrictions with respect to the maintenance and retention of affordable housing 2 1 ' for households of low and moderate income. "and(B)the receipt of satisfactory evidence that the new purchaser qualifies as an eligible purchaser. If the Grantee is unable to locate an eligible purchaser within one hundred twenty (120) days from the date the Property is put on the market, the Grantee may convey the Property to any third party at fair market value, free of all restrictions set forth herein, provided, however,all consideration and payments of any kind 1 received by the Grantee for the conveyance of the Property to the third party which exceeds the Maximum Resale Price shall be immediately and directly paid to the Municipality after review by the Monitoring Agent Upon receipt of this excess amount, if any, the Municipality,shall issue to the third party a certificate in recordable form(the"Compliance Certificate")indicating the Municipality's receipt of the excess amount.This Compliance Certificate is to be recorded in the appropriate Registry of Deeds or registered with the appropriate Registry District of the Land Court and such Compliance Certificate may be relied upon by the then owner of the Property and by third parties as constituting conclusive evidence that such excess amount, if any,has been paid to the Municipality, or that no excess amount is payable, and that the rights,restrictions, agreements and covenants set forth herein are null and void. The sale price to a third party shall be subject to the Monitoring Agent's approval,with due consideration given to the value set forth in the appraisal accompanying the Notice. The Monitoring Agent's approval of the sale 1 price shall be evidenced by its issuance of acceptance to the Municipality. (c) In the event the Municipality, within said thirty(30) day period,notifies the Grantee that the Municipality is proceeding to locate an eligible purchaser or that the Municipality shall exercise the Municipality's right of first refusal to purchase the Property,the Municipality may locate an eligible purchaser,who shall purchase the Property at the Maximum ' Resale Price subject to Deed Rider,within sixty(60) days of the date that the Notice is given, or the Municipality may purchase the Property itself at the Maximum Resale Price with sixty(60) days of the date that the Notice is given. If more than one eligible purchaser is located by the Municipality, the Municipality shall conduct a lottery or other like procedure to determine which eligible purchaser shall be entitled to the conveyance of the Property. (d) If an eligible purchaser is selected to purchase the Property, or if the Municipality elects to purchase the Property, the Property shall be conveyed by the Grantee to such eligible purchaser or to the Municipality as the case may be,by a good and sufficient quitclaim deed ' conveying a good and clear record and marketable title to the Property free from all encumbrances except(i) such taxes for the then current year as are not due and payable on the date of delivery of the deed (ii) any lien for municipal betterments assessed after the date of the Notice, (iii)provisions of local building and zoning laws, (iv) all easements,restrictions, covenants and agreements of record specified in the Deed from the Grantor to Grantee, (v) a Regulatory Agreement with the Project Developer dated and recorded with the 1 Registry of Deeds in Book ,Page , the("Regulatory Agreement"). The Regulatory Agreement cannot be amended without the consent of the Monitoring Agent. (vi) such additional easements,restrictions, covenants and agreements of record as the Municipality ' and the Monitoring Agent consents to, such consent not to be unreasonably withheld or delayed,. and(vii) in the event that the Property is conveyed to an eligible purchaser, a Deed Rider satisfactory in form and substance to the Monitoring Agent which the Grantee hereby agrees to annex to said deed. t a. 3 ' (e) Said deed shall be delivered and the purchase price paid(the"Closing") at the Registry of Deeds in the County where the Property is located,or at the option of the eligible purchaser(or the Municipality, as the case may be, if the Municipality is purchasing the ' Property), exercised by written notice to the Grantee at least five(5) days prior to the delivery of the deed, at such other place as the eligible purchaser(of the Municipality, as the case may be, if the Municipality is purchasing the Property) may designate in said notice. The Closing shall ' occur at such time and on such date as shall be specified in a written notice from the eligible purchaser(or the Municipality, as the case may be, if the Municipality is purchasing the Property) to the Grantee,which date shall be at least five(5)days after the date on which such ' notice is given, and if the eligible purchaser is a purchaser located by the Municipality, or if the Municipality is purchasing the Property no later than sixty(60)days after the Notice is given by the Grantee. ' (f) To enable Grantee to make conveyance as herein provided, Grantee may if he so Y desires at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests; all instruments so procured to be recorded simultaneously with the delivery of said deed. (g) Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value and any common area charges or association fees, if any, shall be adjusted as of the date of Closing and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the eligible purchaser or by the.Municipality. (h) Full possession of the Property free from all occupants is to be delivered at the ' time of the Closing, the Property to be then in the same condition as it is in on the date of the Grantee's notice, reasonable wear and tear only excepted. (i) If Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of condition in the Property not included in the above exception shall occur,' then the Closing shall be extended for up to thirty(30) days and Grantee shall remove any defect in title or to restore the Property to the condition hereby provided for. The Grantee shall use best efforts to remove any such defects in the title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The eligible purchaser(or the Municipality, as the case may be, if the Municipality is purchasing the Property) shall have the election, at either the original or any extended time for performance, to accept such title as the Grantee can deliver to the Property in its then condition and to pay ' therefore the purchase price without deduction, in which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been taken by a public authority, then the Grantee shall, unless the Grantee has previously restored the Property to its former condition, either: (i) pay over or assign to the eligible purchaser or the Municipality, as the case may ' be, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts reasonable expended by the Grantee for the partial restoration, or 4 ' (ii) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned, give to the eligible purchaser ' or to the Municipality, as the case may be, a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said ' mortgage less any amounts reasonable expended by the Grantee for any partial restoration. 2. Resale and Transfer Restrictions: Except as otherwise stated herein, the ' Property or any interest therein, shall not at any time be sold by the Grantee,the Grantee's successors and assigns, and no attempted sale shall be valid, unless: (a) - the aggregate value of all consideration and payments of every kind given or paid by the eligible purchaser(as located and defined in accordance with Section 1 above)or the Municipality, as the case may be, to the then owner of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property, and (i) if the Property is conveyed to an eligible purchaser, a certificate (the"Eligible Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Monitoring Agent which Eligible Purchaser Certificate refers to the Property,the Grantee, the eligible purchaser thereof, and the Maximum Resale Price therefor, and states that the proposed conveyance, sale or transfer of the Property to the eligible purchaser is in compliance with this Deed Rider and the Regulatory Agreement, and there is also recorded a new Deed Rider executed by the eligible- purchaser which new Deed Rider the Eligible Purchaser Certificate certifies is satisfactory in form and substance to the Monitoring Agent;.(ii) if the Property is conveyed to the Municipality, a Certificate (the"Municipal Purchaser Certificate') is obtained from the Monitoring Agent and signed and acknowledged by the Municipality and the Monitoring Agent and recorded with the Registry of Deeds,which Municipal Purchaser Certificate refers to the Property, the Grantee, the ' Municipality, and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to the Municipality is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider and there is also recorded a new Deed Rider which Deed Rider is satisfactory in form and substance to the Monitoring Agent; or(iii) if the Property is conveyed to a third party in accordance with Section I, the Monitoring Agent execute and deliver the Compliance Certificate in accordance with Section 1; (b) Any good faith purchaser of the Property, any lender or other party taking a security interest in such Property and any other third party may rely upon a Compliance Certificate or an Eligible Purchaser Certificate or a Municipal Purchaser Certificate referring to the Property as conclusive evidence of the matters stated therein and may record such Certificate ' in connection with conveyance of the.Property,provided, in the case of an Eligible Purchaser Certificate and a Municipal Purchaser Certificate the consideration recited in the deed or other instrument conveying the Property upon such resale shall not be greater than the consideration ' stated in the Eligible Purchaser Certificate or the Municipal Purchaser Certificate as the case may be. If the Property is conveyed to the Municipality, any future sale of the Property by the Municipality shall be subject to the Regulatory Agreement and the Deed from the Municipality shall contain a Deed Rider in form and substance satisfactory to the Monitoring Agent together with an Eligible Purchaser Certificate from the Monitoring Agent. t 5 ' (c) Within ten(10) days of the closing of the conveyance of the Property from Grantor to Grantee, the Grantee shall deliver to the Monitoring Agent and to the Municipality a true and certified copy of the Deed of the Property, together with information as to the place of ' recording thereof in the public records. Failure of the Grantee, or Grantee's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance. ' (d) Notwithstanding anything to the contrary contained in this Deed Rider,the Maximum Resale Price shall 'not be less than the purchase price which the Grantee paid for the Property plus the costs of approved capital improvements and marketing expenses, as determined ' by the Monitoring Agent. (e) The Grantee understands and agrees that nothing in this Deed Rider or the Regulatory Agreement in any way constitutes a promise or guarantee by the Grantor,Monitoring Agent or Municipality that the Grantee shall actually receive the Maximum Resale Price for the Property or any other price for the Property. 3. Restrictions Against Leasiniz and Junior Encumbrances: The Property shall not be leased, refinanced, encumbered-(voluntarily or otherwise) or mortgaged without the prior written consent of the Monitoring Agent, provided,however, that this provision shall not apply to a first mortgage granted in connection with this conveyance. Any rents,profits, or proceeds from any transaction described in the last preceding sentence which transaction has not received ' the prior written consent of the Monitoring Agent shall be paid to and be the property of the Municipality. In the event that the Monitoring Agent, in the exercise of its absolute discretion consent to any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such ' consent that all rents,profits or proceeds from such transaction which exceed the carrying costs of the Property as determined by the Monitoring Agent in their sole discretion shall be paid to and be the property of the Municipality.Notwithstanding the restrictions outlined in the paragraph above, any Property purchased by the Municipality,under its Right of First Refusal, may be rented by the Municipality, at its discretion, so long as the income limits for the renter household meet the income requirements as defined in the Regulatory Agreement. 4. Rights of Mortgagees: (a) Notwithstanding anything herein to the contrary,but subject to the next succeeding paragraph hereof, if the holder of record(other than the Grantor or any person related to the Grantor by blood, adoption,or marriage,or any entity in which the Grantor has a financial interest(an"Interested Party"))of a first mortgage granted to a state or national bank, state or federal savings and loan association, cooperative bank,mortgage ' company, trust company, insurance company or other institutional lender or its successors or assigns (other than an Interested Party) shall acquire the Property by reason of foreclosure or similar remedial action under the provisions of such mortgage or upon conveyance of the Property in lieu of foreclosure, and provided that such holder has given the Monitoring Agent and the Municipality not less than(60) days prior written notice of its intention to foreclose upon its mortgage or to accept a conveyance of the Property in lieu of foreclosure,the rights and ' restrictions contained herein shall not apply to such holder upon such acquisition of the Property, any purchaser(other than an Interested Party) of the Property at a foreclosure sale conducted by such holder, or any purchaser(other than an Interested Party) of the Property from such holder, ' and such Property shall thereupon and thereafter be free from all such rights and restrictions. 6 (b) In the event such holder, conducts a foreclosure or other proceeding enforcing its rights under such mortgage and the Property is sold for a price in excess of the greater of(i)the sum of the outstanding principal balance of the note secured by such mortgage plus all future advances, accrued interest and all reasonable costs and expenses which the holder is entitled to recover pursuant to the terms of the mortgage; provided the original principal and advances shall not exceed the Maximum Resale Price and (ii) the Maximum Resale Price applicable on the date ' of the sale, such excess shall be paid to the Municipality in consideration of the loss of the value and benefit of the rights and restrictions herein contained held by the Municipality and released ' by the Municipality pursuant to this section in connection with such proceeding(provided, that in the event that such excess shall be so paid to the Municipality by such holder, the Municipality shall thereafter indemnify such holder against loss or damage to such holder resulting from any claim made' by the mortgagor of such mortgage to the extent that such claim is based upon payment of such excess by such holder to the Municipality in accordance herewith,provided that such holder shall give the Monitoring Agent and the Municipality prompt notice of any such claim and shall not object to the intervention by the Municipality in any proceeding relating thereto.) In order to determine the Maximum Resale Price of the Property at the time of foreclosure or other proceeding, the Municipality may, at its own expense, obtain an appraisal of the fair market value of the Property satisfactory to such holder. The Maximum Resale Price shall be equal to the appraised fair market value so obtained,multiplied by the Discount Rate assigned to the Property. If the holder disagrees with such appraised value, the holder may ' obtain a second appraisal, at the holder's expense and the Maximum Resale Price shall be equal to the average of the two appraisal amounts multiplied by the Discount Rate. To the extent the Grantee possesses any interest in any amount which would otherwise be payable to the Municipality under this paragraph, to the fullest extent permissible by law, the Grantee hereby assigns its interest in such amount to said holder for payment to the Municipality. 5. Covenants to Run With the Property: (a) The Grantor and the Grantee, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,hereby grant and assign to the Municipality,the Municipality's agents, successors,designees and assigns the right of first refusal to purchase the Property as set forth herein, and to the Monitoring Agent and the Municipality the right to enforce the rights and restrictions, covenants and agreements set forth in this Deed Rider. The Grantor and the Grantee hereby grant to the Monitoring Agent and the Municipality the right to enter upon the Property for the purpose of enforcing any and all of the restrictions, covenants and agreements herein contained, and of taking all actions with respect to the Property which the Monitoring Agent and/or Municipality may determine to be necessary or appropriate,with or without court order,to prevent,remedy or abate any violation of the restrictions, covenants and agreements set forth herein. The rights hereby granted to the Monitoring Agent and the Municipality shall be in addition to and not in limitation of any other rights and remedies available to the Grantor or the Monitoring Agent or to , the Municipality for enforcement of the restrictions, rights, covenants and agreements set forth in this Deed Rider. It is intended and agreed that all of the agreements, covenants,rights and ' restrictions set forth above shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee, the Grantee's successors and assigns and any party holding title to the Property for the benefit of and enforceable by the Monitoring Agent and/or the Municipality, the Monitoring Agent' and/or Municipality's agents, successors, designees and assigns for a period which is the shortest of(i) ninety-nine years from the creation of the restriction, (ii) upon the recording of a Compliance Certificate, or(iii) upon the recording f` ' of an Eligible Purchaser Certificate and a new Deed Rider executed by the eligible purchaser referenced in the Eligible Purchaser Certificate,which new Deed Rider the Eligible Purchaser Certificate certifies is in form and substance satisfactory to the Municipal Purchaser Certificate ' as set forth herein. The Monitoring Agent shall be entitled to a fee of one-half of one percent of the established maximum sales price of the unit to the Municipality or an eligible purchaser for the services performed according to the Monitoring Services Agreement (and referenced in the Regulatory Agreement). This fee shall be paid by the Grantee as a closing cost at the time of closing. (b) This Deed Rider and all of the agreements, restrictions, rights and covenants contained herein shall be deemed to be an affordable housing restriction as that term is defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32, and 33. (c) The Grantee intends, declares and covenants on behalf of itself and its successors and assigns (i)that this Deed Rider and the covenants, agreements, rights and restrictions contained herein shall be and are covenants running with the land, encumbering the Property for the term of this Deed Rider, and are binding upon the Grantee's successors in title, (ii) are not merely personal covenants of the Grantee, and(iii) shall bind the Grantee, its successors and assigns and enure to the benefit of the Municipality and their successors and assigns for the term of the Deed Rider. Grantee hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Deed Rider to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (d) Without limitation on any other rights or remedies of the Grantor,the Monitoring Agent, the Municipality, their agents, successors, designees and assigns, any sale or other transfer or conveyance of the Property in violation of the provisions of this Deed Rider, shall,to ' the maximum extent permitted by law, be voidable by the Municipality or the Monitoring Agent, their agents, successors, designees and assigns by suit in equity to enforce such rights, restrictions, covenants, and agreements. ' 6. Notice: Any notices, demands or requests that may be given under this Deed Rider shall be sufficiently served if given in writing and delivered by hand or mailed by certified 1 or registered mail,postage prepaid, return receipt requested, to the parties hereto at the addresses set for below, or such other addresses as may be specified by any party by such notice. ' Municipality: Grantor: 8 Grantee: Monitoring Agent: Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 7. Further Assurances: The Grantee agrees from time to time, as may be reasonably i required by the Monitoring Agent or the Municipality, to furnish the Monitoring Agent and the Municipality with a written statement, signed and, if requested, acknowledged, setting forth the condition and occupancy of the Property, information concerning the resale of the Property and all other information pertaining to the Property or the Grantee's eligibility for and conformance with the Regulatory Agreement for this Project. ' 8. Waiver: Nothing contained herein shall limit the rights of the Monitoring Agent and/or the Municipality to release or waive, from time to time, in whole or in part, any of the rights, restrictions, covenants or agreements contained herein with respect to the Property. Any such release or waiver must be made in writing and must be executed by the Monitoring Agent and/or the Municipality or designee. 9. Severability: If any provisions hereof or the application thereof to any person or circumstance shall come,to any extent, to be invalid or unenforceable,the remainder hereof, or ' the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. ' 10. Responsibility of the Monitoring Agent. The Monitoring Agent shal not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in ' good faith and without gross negligence. ' 11. Indemnity. The Developer agrees to indemnify and hold harmless the Monitoring ' Agent against all damages, costs and liabilities, including reasonable attorney's fees, asseted against the Monitoring Agent by reason of its relationship with the Project under this Agreement and not involving the Monitoring Agent acting in bad faith and with gross negligence. Executed as a sealed instrument this day of , 199_. 9 ' Grantor: By Name Title Grantee: By ' Name Title 10 ' COMMONWEALTH OF MASSACHUSETTS ' County of , ss 1199 Then personally appeared the above-named ,Grantor, and acknowledged the foregoing instrument to be his/her free act and deed, before me. 0 ! Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS County of , ss , 199_ Then personally appeared the above-named , Grantee(s), and acknowledged ! the foregoing instrument to be his/her free act and deed, before me. Notary Public My commission expires: i ! 1 1 11 For Board use onlv:Com :Perm.A lication No. e- p pp Date Rec'd. M ZONING REM SOUGHT AAa TOWN OF BARNSTABLE FUN DETERMINED BY THE ZONING Q� t. FORCEMENTOF•FICERTO /� Zoning Board of Appeals; AUG -42000 L;;krPROPRIATE RELIEF GIVEN THESE Town Hall. Hyannis. MA. 0260!3 MWI Of 13ARHSTAI)LE APPLICATION for COMPREHENSI - ni-rF"Ppt -- -` (Made pursuant to M.G.L. Ch.40B. Secs. 20-23. and 760 C.M.R. 30.00 & 31.00) R-te. Please submit fifteen (15) copies of pages 1 and 2 of this completed application form and i lave349 accompanying plans and documents listed in Item 19.. together with a chest Barnstable payable to Town A_ [Only one (1) copy needs to be filed of documents referred to in Items 2 d,, A/ 10-A_. 14 A. and 21-A.] Use supplemental Pages if necessary to Oa information called for by any item in this rY Provide complete name of development (Item 3.) 'on each such pl�cavon. indicating name of applicant (Item 2_) snc Page. If an item is not applicable. please enter N/A. PLEASE TYPE OR PRINT NEATLY ALL ENTRIES_ I-Applicant(name)..TOE.C. „V.e.S.. y(address & tel.)_.�o.....��41F..��..1. �.�,�� � ! .r!....�.f..-P................. ll:s.......... 1�.. ..!�....���..Tl'-�i./... S"�- 717J - �$Z.2 ' .r. .... f. c1�4ti�.tf�.... ?.:.7......V: .................:........................ 2_Status of applicant: (check one): Public Agency ____; Non-Profit Org. ._; Ltd.- Dividend Org. 2 AAttach documentary evidence of status.- 3- Name of proposed development.. e#19i:j...l ......................................................:..... _ Type of development (check one): New construction Rehabilitation of existing structures) 5- Applicant's attorney-.(name).. z �„L,,,, rt?�►�- fej ���{ �G,fe7.(c i3vf•�P.- (address & tel.).....00(6...! !.!1� �f. . . yAi►-��7�1�i�1���, i"7•/�. .� 67 1' 3G � s�. 3.... �✓15 ...!_�..?-.......... e"I4 , u2_GaT 6_ Applicants architect name)...lt!..,(�I-�S,'�c j�.Q.S.,;h..�. ` e)q� . �,o, t...(.L............................ (address & Le1.)....k4l.ei 4 .. . :... p.-. . ,............�#...:..:......4.... 1..3�d. ....�? ....................... 7- Applicant's enginem--(name)... ^...�: .(.... n ,.!l.s~Cc.�.!!,. (address.& tel.).... %... . . .....5 ..: - .r...................................: ,...... ..Fir! .a,r.1 �JF;...r .!1......�?.. .E�.!7,i�: '5.�1._.... 8_ Location of site by village and street(s)- 1c ?„ j-1 y.CAX7 9. Fire district and water supplier:... 10_ Area of site in sqes/sq.ft__...... ' 3• fo 4 c f j. ... 9r.�+.)L.....(Z..: tfp!-.�� - 11_ Assessors ma � a y......5..$:�. 01 0..:��......fr............ ................... P P rcel nos. for site:...!."lat-'....... .7.3 �rc c.�S........1 3.�. 11-AAttach con .,,....... ................... . .................. y 'of assessors map(s)(s) showing parcel(s) comprising site. 12_ Zoning District(s) of site ...a1.C.",.1, cscn d 3 13_ Is elimination of any existing street(s) proposed? e!? If so. give name(s):...... ......•..................................... 14_ ApplicanCs interest in site: (check one): Owner f 14-AAttach documentary evidence of interest in site. Option to purchase _ ; Contract to purchase.`- 15_ Total number & type of housingunits ..........SCE lr� '_�S ..�...�. 6 (E� bedrooms) prop°�ed:................ ..... ........................ .........$.....s.ty. j.................. . Q� ..l...l:!.I....S1!e.t�!i./'1.�d...S���.�e....:�a�,:f�....�.�.�?.J'....... '................... . . . ................................................................ ........................................_........ 16_ Number type of low............ i,;............................... & tY -or-moderate-income housing' unit ' (Bc)b 'o41n1s. _�rop10 ................ sed... R'�'J..........5 ....J ed{ oa:r� .. _ ............................ ...................................................................... ,�,,;,• �:\ ''.` ............................... ........... ................................... ...............................................t�t.i *.-r�•� `, ,,`�i... .�..................................... (Rev 3/-_ 1 TOWN OF BARNSTABLE Zoning Board of Appeals Page_2 APPLICATION for COMPREHENSIVE PEF S e---) Llaao%'e) Trv)f Se1�f��-S LGht�i:-rq Name of Applicant Name of Development Applicaliion no_ 17. List of exceptions requested from local by-laws. codes and regulations: (Specify each exception with precise -reference to applicable by-law, code or regulation.) ................S� ...g. PAcjiPor..h�� #l( m...............................................................:................................. ......................................................................................................................................... ................................................................................................................. ................................................................................................ ............................ .. ......................... .. ............ .. . .. 16. List of approvals needed from other public agencies: _(Identify each local, regional, state, and federal agency and specify the approval to be sought.) C- !kI&!.��.r�r,C�.fA1... 7�if.C.?...c�.�:s� 0. .... .4�t�?►.r..fr''!F ?.1... .?.. ..............�... ..rr Af f 5.t.�.�'?.:..:... oG.....�!'.1 Jar-.... �z .� S.i..�1.!.............: ............................................................................................................................................................................. ............................................................ ............ 19. List of accompanying plans and documents submitted as part of this application: (Identify each such plan and document by its title.) .................................................•............................... .......... ...........:......... .R. rt.............._.. ................................................................... ......................................................................................................_.............. ...................................................................................................._.............. ............................................................................ 20_ List of supplemental pages used to provide full information called for by this application: ... ................e�.. .KCAC.4c s:xe.i.&.. ....................................................................................... .........................................:......................Y...:........ - ............. ...... 21. Subsidy agency (name and address) and financing program (name) involve. d...................................... �.d.r�?./.... -1 a e...�.�G.-,...3G�.r...�? ....� ..s.t4:-�....-...1!�!z. .9. jaz z! .r�'rd ��.. . t • ��� �. ........ 21-A.Attach documentary ev?dence o� subsidy a nc.y s et�rmrnatron .o sr�e-acceptability. This application for a Comprehensive Permit to build/rehabilitate low-or-moderate-income housing is made subject to the provisions of MGL Chapter 40B. .Secs. 20-23. and 760 CHR 30.0( & 31.00. Se Hle- Name of Applicant Authorized Signature Dale: �eJuJ�f 3 :�.00 p ,�•— Typed Name of Authorized Signatory Note: If any information or documentation submitted as part of this application changes during the course of its consideration. applicant should promptly supply such changed informal.fon or documentation to the Board. making clear reference to the item. document or plan to be replaced or updated thereby_ Ip.ev. ,;/ i I TOWN OF BARNSTABLE ZONING BOARD OF APPEALS APPLICATION OF SETTLERS LANDING REALTY TRUST COMPREHENSIVE PERMIT CASTLEWOOD CIRCLE HYANNIS MEMORANDUM AND REQUEST FOR WAIVERS 1. INTRODUCTION: M.G.L. Chapter 40B. S 2S 0.23 ("the statute' This case is an application pursuant to M.G.L. Chapter 40B, Section 21 for a Comprehensive Permit for development of 56 single family houses in a residential area of Hyannis, to be connected to the Town sewer system. The housing is being developed pursuant to the New England Fund Program("NEF")of the Federal Home Loan Bank Board of Boston. Pursuant to NEF,25%of the houses, or fourteen(14)houses, will be sold to households whose annual incomes do not exceed 80%of the annual median income(adjusted for family size)for Barnstable County. The sale prices for the "affordable units" will be approximately$114,200.00; and the sale prices for the "market"houses will average$184,000.00. The Applicant will record a Deed Rider to insure affordability under the above standards for at least 15 years,for the affordable units. In addition to recording the Deed Rider,the Applicant will enter into a Regulatory Agreement/Monitoring Services Agreement with the Town and with the member bank of the Federal Home Loan Bank of Boston,which such member bank will-be providing the construction financing for the development. These further documents are aimed at insuring the affordability of the NEF units, as described above. 1 Participation in NEF qualifies the housing as "low and moderate income"housing as defined in the statute. See Commonwealth of Massachusetts Department of Housing and Community Development("DHCD")regulations at 760 CMR 30.01, 30.02, 31.01, 31.02, 31.03, and 31.04("the regulations"),copies of which are submitted herewith. The statute essentially creates a state mandate to local cities and towns to allow the construction of low and moderate income housing that requires relief from otherwise. applicable local requirements and regulations, including but not limited to zoning by-laws, subdivision rules and regulations,and local Board of Health and Conservation Commission regulations, when there is a substantial need for low and moderate income housing. Rather than applying to the various local boards and department for otherwise applicable permits,the applicant applies only tolhe Zoning Board of Appeals for a "Comprehensive Permit."A Zoning Board of Appeals can insist on full compliance with all such local requirements and regulations only if they are, in the words of the statute, "consistent with local needs." They will be considered"consistent with local needs" if they are reasonable taking into account"the regional need for low and moderate income housing considered with the number of low income persons in the city or towns affected and the need to protect,the health or safety of the occupants of the proposed housing or of the city or town,to promote better site and building design in relation to the surroundings,or to preserve open space." The statute goes on, in section 20,to define certain minimal thresholds of low or moderate income housing that, if not attained in a city or town,would cause the local rules and regulations to automatically be treated as ml consistent with local needs, unless the town can prove that the planning,health,and safety concerns outweigh the regional housing need. The Town of Barnstable falls short of the minimum:the percentage 2 I required in terms of number of housing units is 10%; Barnstable has 4.38 %(based on DHCD statistics);the percentage in terms of land area is.1.5%, which means, with Barnstable's total size of 62 square miles,or 39,680 acres,the number of acres with low or moderate income"housing in the Town would have to be 595.2 acres;Barnstable has less than that; and the percentage in terms of the amount of low or moderate income housing which the proposed development would cause to be constructed in any one calendar year in the Town is more than three tenths of one percent of the Town's land area, which in Barnstable would be.119.04 acres ( 39,690 X 0.3%); the proposed development is on 13.36 acres. Therefore,the mandate created by the statute to create affordable housing still applies to Barnstable. In fact, when the statutory minimum is not met,there is a legal presum tp ion that there is a substantial regional housing need that outweighs local concerns. 760 CUR 31.07(1)(e). The Applicant believes, for all the reasons hereinafter set forth,that the project meets the standards for a Comprehensive Permit under the statute,and that it will be an asset to the town and will help provide truly needed affordable family houses to first-time home buyers. 2. STANDING AND STATUS a) Organizational Status of Applicant In order to apply for a Comprehensive Permit, an applicant must be either a limited dividend organization,a non-profit organization, or a public entity. See 760 i CUR 31.01 (1 xa). The Applicant is a limited dividend organization,as defined in the regulations,because it proposes to build low or moderate income housing under the statute, is eligible to receive funding from the NEF member bank(which is deemed to be the subsidizing agency under NEF),and agrees to limit its return on invested equity by entering into the Regulatory Agreement referenced above. The NEF has been accepted as 3 an eligible program under the statute by the Commonwealth of Massachusetts Housing Appeals Committee, in the case of Stuborn.Ltd v the Town of Barnstable, No. 1998- 01. In addition, Settlers Landing Realty Trust contains provisions limiting the dividend return consistent with the applicable program. Therefore,pursuant to the statute and the regulations,the Applicant is an eligible applicant for a Comprehensive Permit. b) Control of the Land The bulk of the land is owned by Martha N. Morin. The Applicant has a Purchase and Sale Agreement to purchase said land. See copy submitted herewith. The one lot of the locus identified as Assessors Map 273,Parcel 32, is owned by Jacques N. Morin,the principal of Bayberry Building Company,-Inc. and of Settlers Landing Realty. Trust. It will be conveyed to said Trust upon approval of the project. Thus,the Applicant has control,of the land, as required by the regulations, 760 CMR 3 L01 (1)(c). c.) Site Acceptability As stated above,the Applicant will be developing the property under the NEF Program.. The Applicant has received a Project Eligibility Letter dated August 2, 2000 from Compass Bank,the member bank of the Federal Home Loan Bank of Boston which will be providing the construction financing for the development, indicating that the project is eligible under NEF. See copy of said letter, submitted herewith. Therefore, the Applicant fulfills the requirement of 760 CMR 31.01 (1)(b)that: "The project shall be fundable by a subsidizing agency under a low and moderate income subsidy program." See 760 CMR 31.01 (2),which states: "A project shall be presumed fundable if a subsidizing agency makes a written determination of Project Eligibility or Site Approval." Thus,the project complies with the regulations concerning fundability by a subsidizing agency. 4 Therefore, based on(a), (b), and(c)above,the Applicant meets the jurisdictional requirements of the statute and the regulations and has standing before the Board of Appeals. 3. ON OF THE PROJECT a.)Applicant's Background. Jacques N. Morin,the principal of the Applicant, is a long-time and respected builder and realtor in Hyannis. He has built(through his building company,Bayberry Building Company,Inc.)and sold(through his realty company,Morin Realty)many homes in Barnstable and the mid-Cape area, including the single family home development known as Bayberry Place abutting the locus in Hyannis. Mr. Morin is a long-time resident of Barnstable, and has been active in local civic affairs. See "About Bayberry Building Company, Inc." submitted herewith. b.) Physical Characteristics. The locus is a 13.36 acre site,off Castlewood Circle, Hyannis. The site is almost all in the RC-1 Residential Zoning District,with an extremely small portion of the northeast corner of the locus in the B Business Zoning District(near the rear of the Sheraton Four Points Hotel). The land is presently undeveloped. The proposal is for 56 single family houses, all on separately deeded lots ranging from approximately 6,600 sq. ft. to approximately 12,000 sq. ft. The houses will consist of eight(8)different styles,randomly disbursed throughout the site. The size of the houses ranges from approximately 1170 sq. ft. (for the small ranch style house)to approximately 1642 sq_ ft. (for the large ranch style house). The other styles are two-story houses. Every house has three(3)bedrooms,for a project total of 168 bedrooms. The houses will be of wood frame construction,with wood clapboard or shingles on the exterior. The affordable houses will be randomly distributed throughout the development. See"Settlers Landing Home Disbursement" submitted herewith. The 5 total building footprint on the site will be 67,354 sq. ft.,or 11.6 %of the total site. The houses will be hooked up to municipal (Barnstable Water Company)water. The Applicant is requesting that the houses be hooked up to the Town of Barnstable sewer system, and that permission for such hook-up be granted by the Board of Appeals as part of this Comprehensive Permit. Preliminary meetings on the sewer have been held with the Barnstable Housing Committee,Department of Public Works Superintendent Tom Mullin, and Town Manager John Klimm. By letter from Town Manager John Klimm to Jacques Morin dated June 12,2000,the Town has indicated its support for the sewer hook-up for this development. . See copy of said letter submitted herewith. None of the project is within a wetlands resource area, or buffer zone,and there are no known environmental issues. The topography is relatively flat, with excellent sandy soils, and a standard subdivision drainage system with catch and leaching basins (no detention basins).is proposed. A tabulation of ground area coverages for building area and paved area is submitted herewith c.) Description,of surrounding area. The surrounding area is comprised of modest single family homes in the Castlewood Circle area, with small lot sizes that are in keeping with the proposed lots. To the west of locus is a newer open-space residential cluster subdivision,now known as Nantucket Village at Cobblestone Landing. To the northeast of locus is the rear of the Sheraton Four Points Hotel. According to the Traffic Impact Assessment by Rizzo Associates,the Level of Service for the streets and intersections in the area are all "A",except for the intersection of Bearse's Way and Pitcher's Way,which operates at Level of Service "C"during the weekday morning peak commuter hours,and Level of Service"E during the weekday evening commuter hours. 6 See said Traffic Impact Assessment, submitted herewith. Also submitted herewith is a copy of the GIS map showing the streets, lots and buildings in the surrounding area. d.) Affordability As stated above,the 14 affordable houses will be sold to first-time home buyers under the NEF Program,whose incomes are no more than 80%of the annual average income(adjusted for family size)for Barnstable County. Presently,this means that the affordable houses can be sold at prices of about$114,200.00. The deeds to the affordable home buyers will contain the requisite Deed Rider under the NEF Program assuring that the homes will be sold only to eligible buyers,at the appropriate Discount Rate below fair market value, for at least 15 years. The market units, although more expensive in price-, are actually "moderately".priced, since they are projected to average approximately$1842000.00. As stated above,the Applicant will enter into the appropriate NEF Regulatory Agreement/Monitoring Service Agreement,which will reference the above,and also insure that the Applicant complies with the requisite limitation on profit of twenty(20%) of the development costs. See project Budget/Pro Forma, submitted herewith. The Applicant is also willing to adopt a strong Local Preference plan for the affordable houses, i.e., sell them only to Barnstable residents. This would be implemented through a lottery process,and the Applicant would work with the Town and local non-profit groups involved in affordable housing, such as the Cape Cod Consortium;for the purchaser selection and analysis of eligibility. e.) J=acts Given the intent to hook up to the sewer system,the lack of wetlands or other environmental issues,and the conformity of the proposed development with the surrounding neighborhood,there are relatively few impacts on the area. The tragic 7 impact has been fully assessed in the Traffic Impact Assessment described above. It finds that the proposed housing will generate approximately 48 vehicle trips during the weekday morning commuter peak hour, and 63 vehicle trips during the weekday evening peak commuter hour; and that it will result in only minor traffic increases in the area,and have no impact on the operating-Levels of Service under the "Build"peak hour traffic conditions. It also indicates that the proposed site drive will operate at Level of Service "A",with little or no delay. The largest impact of this proposal will be helping.to address the huge shortage of affordable housing, especially for first time family home buyers in Barnstable and all of Cape Cod. The Applicant believes that this will be.a large benefit to the Town of Barnstable. 4. REQUEST FROM WAIVERS FROM LOCAL BY-LAWS,RULES AND REGULATIONS The Applicant seeks waivers from the Barnstable local by-laws, rules and regulations, as shown on the attached Request for Waivers. The relief requested essentially involves certain waivers from the bulk and dimensional provisions of the Zoning By-law, with a minor use waiver only because a tiny portion of the northeast portion of the locus is in the Business 'B"zone, which does not allow single family residential use. In addition,the Comprehensive Permit would allow the approval of the proposed subdivision without the need to apply to the Planning Board under the otherwise required Subdivision Control Law process. The roads and utilities are proposed to be built substantially in accordance with the Planning Board Subdivision Rules and Regulations,except as to the waivers requested. The Applicant also requests that waivers be granted from any requirements to apply to the Town Department of Public Works and/or Board of Health in connection 8 with the sewer hook-ups, and that the Board of Appeals grant all local approvals required to construct the sewer line in the development's roads, to connect to the existing sewer, and to hook-up the new houses to the sewer system. The Applicant further seeks waivers from-any,requirements i for paying for any fees related to the development of this project, including but not limited to fees for building permits, Department of Public Works and/or Board of Health permits,and the filing fee of$5600.00 to the Board of Appeals; and from any-requirement to post a bond or cash or covenant in connection with the road and utility development; and further,the Applicant asks that the Comprehensive Permit be issued in lieu of all of the aforementioned permits, inclusively.. The applicant also seeks waivers from the applicability of such other sections of the Zoning By-laws,Planning Board Rules and Regulations, and/or such other local by-laws,rules and regulations that would otherwise be applicable to this development. CONCLUSION This proposal is the result of the Applicant's effort to come up with a housing development that is economically feasible while still providing affordable for-sale housing under NEF. It is a proposal that is compatible with the neighborhood, is not harmful to the environment, and will provide much needed affordable housing to first time family home buyers. Balancing the planning need of the Town versus the housing need,the development clearly merits approval. For all of the above reasons,the 9 Applicant believes,that the Board of Appeals should grant the relief requested and issue the Comprehensive Permit pursuant to the application. -- See"List of Documents Submitted with Application", attached hereto. Respectfully, submitted, Settlers Landing Realty Trust By its attorney, Dated:August 3, 2000 Peter L. Freeman 86 Willow Street Yarmouthport,MA. 02675 508-3624700 FAX: 508-362-8281 10 QUEST FOR WAIVERS 1. Zoning By-law Section 2-3: Applicability of District Regulations Section 2-3.1: Conformance to Use Regulations Section 2-3.2: Conformance to Bulk and Yard Regulations Section 2-3.3: Lot Size Requirements Section 2-3.4: Lot Shape Factor/Residential Districts Section 3-1.4 (5) Bulk Regulations Lot Size-43,560 sq. ft. -reduce to minimum of 6,600 sq. ft., plus or minus Frontage- 125 feet-reduce to minimum of 28 feet Front yard-30 feet-reduce to minimum of 25 feet Side yard- 15 feet,-reduce to minimum of 8 feet Rear yard- 15 feet Section 3-3.1(J) No single family structures allowed in a B District Section 3-5.2 Groundwater Protection Overlay District Section 5-2.1 Performance Bond 2. Planning Board Subdivision Rules and Regulations tions Waivers from: Entire application process for filing Preliminary and/or Definitive Subdivision Plans Environmental Analysis Form Prohibition of dead end streets longer than 750 feet in length 11 Requirement of Sidewalks Requirements for bonds and/or cash and covenants Certain drainage requirements-see list attached 3. Department of Public Works All sewer connection/extension/hook-up requirements. 12 r $; SETTLERS LANDING: REQUEST FOR WAIVERS ` Town of Barnstable Planning Board Subdivision Rules and Regulations ryF 1. Section 4-2.3 1 Dead End Streets- Length of dead end street greater than 750'. (1400' requested) and waiver from no dead ends>750 for more than 25 dwelling units. .2. Section 3-1.3 4 Access Roads- Waiver from requirement of more than one.access road with subdivision of more than 50 dwelling units. (56 dwelling units proposed) 3. Section 3-2.1 Environmental Analysis Form-Request waiver for completion of EA farm, which is required for more than 10 dwelling units.(56 dwelling units proposed) 4. Section 4-3.3 9 Storm Drains-Request waiver of requirement for 100-yr.storm overflow areas.Proposed drainage.system will recharge 25 year storm rather than 10 year recurrence Interval storm required for Minor A roadway. 5. Section 4-5.2 Sidewalks-Request waiver for no sidewalks on Minor A road. r TABULATION OF GROUND AREA COVERAGES Total site area: 582,020 sq. ft. Building coverage: 67,534 sq. ft.= 11.6% Road pavement and driveway coverage: 79,647 sq. ft. = 13.7% :Total site coverage: 147,181 sq. ft. =25.3 % Total open space(woods,yard area): 435,019 sq. ft. =74.7% 13 ' t LIST OF DOCUMENTS SUBMITTED WITH APPLICATION Attached to Memorandum: 1. DHCD Regulations 2. Compass Bank August 2, 2000 Project Eligibility Letter 3. "About Bayberry Building Company, Inc." 4. Deeds to locus 5. Purchase and Sale Agreement and Settlers Landing Declaration of Trust. 6. John C. Klimm letter dated June 12, 2000 7. "Settlers Landing Home Disbursement" 8. GIS Plan of neighborhood 9. Pro Forma 10. NEF Regulatory Agreement/Monitoring Services Agreement 11. NEF Deed Rider Not attached to Memorandum: 12. Building Elevations and Floor Plans 13. Subdivision Plan-Down Cape Engineering,Inc. 14. Site and Utility Plans-Down Cape Engineering,Inc. 15. Traffic Impact Assessment-Rizzo Associates 16. Abutters List 14 TOWN OF BARNSTABLE LOCATION SIO STL c0 SEWAGE # q P 40' VILLAG ASSESSOR'S MAP Sk LOT INSTALLER'S NAME & PHONE NO. ST- C`O �u►C. SEPTIC TANK CAPACITY a i ° u c C- SSS PoPL S- LEACHING FACILITY:(type) (size) �rmb NO. OF BEDROOMS PRIVATE WELL O UBLICWATER BUILDER OWNE "�wSy S�tf Q`` DATE PERMIT ISSUED: qA R0 DATE COLIPLIANCE ISSUED: G 1�t 'Rio VARIANCE GRANTED: Yes No j nn � I 2 L • �ti pcs THE COMMONWEALTH OF MASSACHUSETTS BOAR® OF HEALTH .TOWN OF BARNSTABLE Appl r ation for Disposal Works Tnnstrurtion rnmit Application is hereby made for a Permit to Construct ( ) or Repair O(9 an Individual Sewage Disposal System at: ...... ` ?.........� �s�a��------------=`i--------------- ...... Location-Address or Lot No. ................- .........................•-......•-•-------- .........0*4+0-' . - .......-- ... yy�` Owner qq ��..``" � Address - ,� Installer Address Type of Building Size Lot............................Sq. feet Dwelling—No. of Bedrooms--------------------------------------------Expansion Attic ( ) Garbage Grinder ( ) aOther—Type of Building ............................ No. of persons............................ Showers ( ) — Cafeteria ( ) Otherfixtures ---------------------------------------•••----------'--"-'••••......'--"......' W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. WSeptic Tank—Liquid capacity............gallons Length................ Width................ Diameter..........--.... Depth................ x Disposal Trench—No..................... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No..................... Diameter.---........----.... Depth below inlet.................... Total leaching area..................sq, ft. Z Other Distribution box ( ) Dosing tank ( ), aPercolation Test Results Performed by.......................................................................... Date........................................ Test Pit No. I................minutes per inch Depth of Test Pit.................... Depth to ground water..................---... PLI Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water.........--............. Ix •-•-'--'-'----------••-'-••-'--""--•'-•'••----"--'•-•"-"'-•••"---••-"--"--•-----•'-'........................................................................... O Description of Soil........):n........S.V'Z.....................X.._--'----- ----'.!�...... V ........'-"""'-"""•--•'--•'-"-"'-•-""••'--......'•'•'•---"-'-•.....-"'-•"'----...-•--'-'••"'--'-•--•-"'--••••-•-•"'---"-••----•- W UNature of Repairs or Alterati ns—Answer when applicable--..w`ft........0MC..._--_/ ... ................. :�C�........... .c T----•-......`�-'----•----.........----STDN -----'-- n.....----VtC_..S._f'i_�.!..................��- ...... 7...................... Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Environmental Code—The undersigned further agrees not to place the system in operation until a Certificate of Com fiance has been issued by the board of health. Signed --------- .............................. -- - ........................................... �'(. .��. . .... Dace Application Approved By ........... - kL-- �3 . te- gip. .. ........... ............................... .................... Date Application Disapproved for the following reasons- .............................-------- ---------------------------- -------------- ----- ---------............................... --------------------------- ----------------------------- --------- ..Dace Permit No. No..... Fss.. C� . THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH TOWN OF BARNSTABLE Application for Diipnsal Works Tnnitrnrtiun Permit Application is hereby made for a Permit to Construct ( ) or Repair (No-) an Individual Sewage Disposal System at: .......__......... ---- .............. =---•------•---....................---------...........••-•-•-------•--••---•--......---•--••••. Location-Address or Lot No. ...�:N.�--_.....-.:S 4:_'Plsue--......•.................•-^ ............. �_M�.�..•........------^------^------.............................. — - owner Address W t-II,"Cy_ tir .-�C�w�R �. Oa . xwc,. .P. QQK 2 b... a t.=�►-f 12J1� t ........... ,a --------••-•---- --..... ------. ......-•-.........-•- -------------- --- -•--•-•. ..__.._...... Installer Address UType of Building Size Lot............................Sq. feet �-t Dwelling—No. of Bedrooms............................................Expansion Attic ( ) Garbage Grinder ( ) Other—T e of Building No. of persons............................ Showers — Cafeteria aOther fixtures .---•-•-------------------------..................................................................................................................... W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. WSeptic Tank—Liquid capacity............gallons Length................ Width................ Diameter................ Depth................ x Disposal Trench—No..................... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No..................... Diameter.--................. Depth below inlet.................... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) aPercolation Test Results Performed by.......................................................................... Date........................................ a Test Pit No. l................minutes per inch Depth of Test Pit.................... Depth to ground water------------------------ 04 Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water...--................... 9 -----------------------•---•-•---•--•••--••••••-••-•••--------..._..............---•------••-•-............................................................. O Description of Soil•-•-•Q-'--?'-='_-_ u ...................�.-'-`-.........c0r 64 4 P-LC�__._..", N x W x •••--•----••----------------•-•••------•••-••-••••-•--•--•---------•••--•-•••---••••••-------•--••-•---•-•-•--•-•••-••------••••-•-•-•••--•-••••-•-•-............-••--•-•-•--------•--•----------.----•- U Nature of Repairs or Alterations—Answer when applicable....!A1 ........fad ....-._�,AOA..... -- _________________ w ....................._ro...-c----•-•.-........- ,c► -�.t., ---•------•-��"�-7� ............... Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Environmental Code—The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been issued by the board of health. Signed ................................... ---- --- �4 9 ...... Date Application Approved By .......... _', � .., :...,.:.-. c� 1-.......Z,! rJ "�W �� - �% Application Disapproved for the following reasons- ------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- ........................................ PermitNo. ........ 12 ' L�0-- ....................... Issued .................................................................... Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH TOWN OF BARNSTABLE Y-Lertifirate of (11,urttylianxe THIS IS TO CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired ( ) by-----tit eK. 7......... r Installer at ...:K5P...... 0 C ....................................1 �- .... . has been installed in accordance with the provisions of TITLE'5 of The State Environmental Code as described in the application for Disposal Works Construction Permit No. .........��1.. - - L, �.7...... dated ................................................ THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE------------------------------------------- Inspector•-�... f_w =........ THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH CC}� TOWN OF BARNSTABLE No...!. ....�.d... FEE.7 Disposal Works Tunstrnxtiatt Frrmit Permission is hereby granted... `r......... bj r..+S.Q"` ..I...9 ............................................................................................ to Construct ( ) or Repair`(V ) an Individual Sewage Disposal System at No........a iP...._...C. e i t t....W nv ....0 r rz ft��Fr t C ---.........------------------•-••-----............•---...--••-•-•--•------............•••................. street as shown on the application for Disposal Works Construction Perm1t-,No?,T=.4 .�2.._ Dated.......................................... ................................. ......................................................... Board of Health DATE............. •---•-•-----------•-•-•-------•----...•-••...........-•••-••----•• FORM 36508 HOBBS 6 WARREN.INC..PUBLISHERS ------ o0 I Q I z I co 41 ai x � — I O I e ILL c r 0- 13 � Q I I I m II I ' II r I --- ---------------t==== Y II I. N Ilsif';IUlu4�, is i,� J n �Yj le 11°1�1 — ,NW�i a lW ;d.il�f _�Jiia �dl I 1 1 I / I f y O s"JA 41 o O 1-U 1 a c IJ— _ a,1. x y'` O9 ----� II n: r �l ie OL Ir— Q , I I ® v II II � � " � a 4 I I li U i au to AFd ' 11 1 HILL[[1 l 1. i�l.la I hI�I i_I 1.1'i i r `J ' l;l !a I'!� LI 1'I I h' i I I OAJ -H IF La iX {{ — 0 1--�e�--- ;� � t l llhl l l•l 1 1 �l l l i f l�.. � a li r p ,d 1 � IL L IM 11_- I'i; •� IT wf or IL II �- . I 111 IL . TT IT LL Ix 17- lU IL I I _r d i x Y x � i i Uf I — — 1 it o IOL x O Y I 1 _ I 1 � O i O ILL lit 1l a x I � I I _ I � I } y ! 10 II0_yy. IYV 1 O II I I II Xc-71 ,I � N II I x Ili; l II n \ � OL I LL di I I fa II I c II m F I I ,I i-�— � ■ ai I I I I I I o du do 41 � II II a, u1y� II II LL— p Q a II / . I oIL LL Q y; wF _ II rn II II pp vI ^ II I� II ,I II ,I II II II II II I, L_-- -J l 1 1 X � 3 f NOR! NET� IRS II � . rrcb t ✓I o I� LI-ii1 lip It. LLI LL -A LL ! b "1 1" Po�'i nXJ �.Ih u t o- - - ® _ —141 Ia x Io II �u� • II 1816aex ll%n 1 • i O eecttoOlw q1 It�e® 11 1 16 >lIDIEOOM q� I II cl II uvlNa Noah II O 16V x w%, 121&0 x Ire° — I 1 SECOND FLOOR PLAN FIRST FLOOR FLAN IMP - ,I 528 t S.F. s 1/8" I'-O" 882 t S.F. 40- a/rul MX?- 15 @J i V1C/ CO V ��� MFIRST FLOOR SQUARE FOOTAGE o *W2 S.F. � � — ill rr_ SECOND FLOOR SQUARE FOOTAGE w *WI S.F. I TOTAL SQUARE FOOTAGE 3BZ8 S.F. r FROND" E L EVA7 1 ON , Y u ki N o RL .�IG � I IIIIiI IIi iI!iII �II II�'ll Iilliii�'iil�j :yelp O � I Q I a I d l j; I' III Q I IL Ml LU iN��pgl IIII qI II`,.III Iy @I I � jiYl"� � Ifligl f } [tNtNINNtt"t'ItIINVI III LLI t �Idllm z � �l N1 1 LL ON In I � �I r IE �II .f:� i ? ���.I.11 � Ii � i ! !_l1.1Il � { �. , a - tt i 1` I I x � d) OL f � x x Vl X — a t O i o r i t t0'�u 10�6° I O sO a x` 3 ' O a O _ a p d -- I a. O m 1718° x 19'0' ww. SECOND FLOOR PLAN F I R5T FLOOR PLAN 1/8" • 1'-0" 75q t S.F. 764 t S.F. _ ~t rwww rrcvc.. Ail s FIRST FLOOR SQUARE FOOTAGE t7" S.F. i . ��_�' �L J� ', L I? ; =4 SECOND FLOOR SQUARE FOOTAGE t759 S.F. TOTAL SQUARE FOOTAGE tip S.F. r �1 i" FRONT ELF.VA710N t � I 14 x 10 II • lD'4°x xrb ° IL it u ----- 11,11 x also I® x 41 ciDi II -- ------------- 11 ———————————- "` les II - II uvnra woarg t� I--— L - ---tF- 16VI x 1®16° Ij ----��------ -- -- L---=---_--- lRS"1" FLOOR PLAN SECOND FLOOR PLAN I/so 1'-O" 6qS * S.F. I/8p o 1,-0" 699 S.F. •s- a CTI - 797 - — -fell IiI�I 1'_=( e� I -iI ice; FIRST FLOOR SWARE:FOOTAGE * *5% S.F. _- SECOND FLOOR SQUARE FOOTAGE ® *5S9 S.F. _ 1z= TOTAL SQUARE FOOTAGE - *1437 S.F. Y T,. FRONT ELEVAT I ON 1�4" I -o 4 7, 0 SHALLOWJ 00 'POND-" 11?0' MAP 273 PCL 23 THOMAS J. FLATLEY, TRUSTEE C.B. -0 411u Cv to (0 N a THOMAS J. FLATLEY z 24,443 SF± tj I C B. Io S6 (97 0 NO .00. _i,537" E xw 92.88v zoo S80*45`37"E 0 / koo n 7.85. 00 0-4 7-E C11 1 27-3-7 P z U) 6 80. HN C. /L6WH3 0 45"37 RION LAWH 1 ROLEN I AC. 00 L�4! 67. ul •42# 800 S.F.± w co AP 273 PCL 90 L 8 % I LOCUS MAP 0AYBERRY PLACE > 7 S. . $1 ESIDENTS ASSOC. AC.± SCALE 1 1000' OPEN SPACE) 6 0. 00 INN (0 ' T 0. to ASSESSORS MAP 273 PARCELS 122 & 32 (0 b 0) 7, S. TOTAL LOT AREA = 582,020 SF (13.36 ACRES) 0 01 A v (100% UPLAND) .>. 0 9 ��h 6� 8 '34"1 "E OWNERS: of MAP 273 PCL 122 MAP 273 PCL 32 MARTHA M. MORIN JACQUES N. MORIN -w 3 10 50 ZONING DISTRICT: RC-1 SUR 965 S.F 273 L - 7 MINIMUM LOT SIZE: 43,560 SF 9 S ROCKWELL MINIMUM LOT FRONTAGE: 125' (0 .1 co L. I'LVA, J R. 110 LO 44 MINIMUM YARD SETBACKS: f;v cri 8,94 S. FRONT: 30' z 0.21 AC. RSIDE:EAR: 15' �w % NOTE. A SMALL PORTION OF THE N.E. CORNER OF HED LOCUS EXTENDS INTO A BUSINESS ZONE. CP 7g 21 66. .04' 7,9 NOTE: BUILDING LOCATIONS AND ABUTTING PROPERTY LINES co 01 (0 AND GRADES FROM DATA T.O.B. GIS DATA AND ARE -APPROXIMATE. FOR REFERENCE ONLY. 273 (0 N,iceCv 0; L 43 C0 S7 3 CL 109- EY FLOOD ZONE: C WH F. zo GROUNDWATER OVERLAY DISTRICT: GP 04 MAP MUNICIPAL WATER IS AVAILABLE MUNICIPAL SEWER IS AVAILABLE T 2 WOODS/LAWN AREA: 435,019 SF 74.7% 4 Cn 8 2 F. (0 ft) ROAD PAVEMENT & DRIVEWAYS: 79,647 SF 13.7% BUILDING COVERAGE: 67,354 SF 11.6% 2 Cv N CIV 8 7 S77. co T TOTAL LOT AREA 582,020 SF 100.0% 109-6 70.2 z X, 7.3 # 109 t- Ncy a o) N Cv 3 120.1 0 8 MAP 273 PCfL 35 C1q N SKI LOT /I V. Cv S7 I.P. 8, 108 1 AC Ir- . 6 -49 v- ae 0) AP 273 (0 00 P 77-35`4 5p, 4 I . 0) 116. IT �V) 0) 7, 1 F. d # 337 SMH 11 .1 6 af LO 0 0; C,q s t- p CV 8, 18 S.F. 0 cmmsm z 9 AC. 04cb . S. 0) M IT yA PCL 34 ND w DESTROYE ., IS17117. 0� 141- 55 Cv 1 -4 N $ a: 7,2 (0 C*q V: 61 7 AC. zo 0; 3 87 CV S. 7 p, v- 0.1 A IT # 3 5 V. 9.6 qj MAP 72 PCL 201 Poo d 0 56 COBBL NE LANDING 1 1.5 1 F. /zo EXISTING HYDRANT (OPEN S E) 6 A BOLT #309 co MAP L 33 0 AG KATHERINE AINORK 8, 45 0. 6. s 273 M 273 0 to 112 L # 313 # 22 LOT S 7 w #310 v- 19 �`„�p.40 S7 3 N ............ N 111• 68.9 S.B. S_P OWNERS: 11 2 53 CO MAP 273 PCL 122 N m N77►35.53..w MARTHA M. MORIN CIV T1 MAP 273 PCL 32 MAP 273 PCL 32 12, 6 F. '9# JA RIN JACQUES N. MORIN LOT 36 011 8 C.± B. IS 23.90' 047 S.F. TIu G ? 7'1 -E OF C R. POLE MOVED. AC. CIV N 691 7 5 # 301 98.37# JOHN r LU $ORN AP 273/111 P 273 1 7 2 S. 00 R LOT 2 67.1 0) 021 C. S77-35- '53"E 108. 2* S77 MAP 27 1 .2 7, F. Z 0. 7 C. N » MAP 273 PCL 3 291 DAVID hf. PETERSON, JR PETERS .6 57T 8f 8 ZD 4'0 V- 0 !0 Cli C14 00 33 S7 66.0 7 S. ry .1 AC A 27 L 9 LLIAM H. W S7 0 49 S. BEVERL E. WHI (00 0.2 AC PRELIMINARY SITE DEVELOPN[ENT PLAN OF SETTLERS LANDING A RESIDENTIAL COMMUNITY ALro 4 201M .,At% Of OfMAs WITH AN AFFORDABLE HOUSING COMPONENT OF BARNSTABLE AME H. NE ZONING BOARD OF APPEALS 0AU H. - ON LAND IN (HYANNIS) BARNSTABLE9 MA E off 508-362-4541 am Z9 WLA f-14 fox 508 362-9B80 No.26348 /11k. PREPARED FOR BAYBERRY BUILDING CO. INC. L0� 716& down cape engineering, inc. OJALA P.LS.'TrV-""'DATE SCALE: 1" = 40' DATE: 8-4-00 CIVIL ENGINEERS LAND SURVEYORS 939 main st. yarmouthport, ma 02676 SHEET 1 OF 2 0 0 c7 00 '� -�� PETERS ' t .6 , � MAP 273 W S77 5 53^� � 8 8 cQ � 253 ,N oATC$ �`�-yoviii # 31 CN' o 33 S77 53»E 66.0 N 9 69.2 7 S. .t / MAP 273 w .1 AC # >M �' •--,. � .,�-----x- 254 70.2 �d, LIAM H. W # 26 Z 5��.' © w o , ,49 S. 3 SEVER L E. E `v w o 0.2 AC " r M� LO 32 MAP 273 � A , 1 A•.f N cr ca 5 273 wd 11 252 7.9 1.87'MAP 273 d- 4 # 25 255 " .,,. ,,� / 5 # 24 3553;9 �' S. 1 2. � AC AP 273 PCL 28 HN E EWS .1 •dam QT 1 N r\ KA I ANDR 577.3 ry MAP 273 MAP 273 ` .2 � � ^ LO 6 t � 69.4 251 256 _ 69.3 0.2 CFt /zo •� 273 # 9 # 18 Jr �. VN Y) 8 J w CV ^ - 7 30 �� S77• n • N 35 53-,E # 263 ,? 722.94`;` 27 PCL 2 f w NIEL MCNEE N 68. �66.6 57�35 ' MAP 273 5 ' h }f '� to `"'?•+. �' 8,9 3 67,1 67.9 1 .-►,"� N w '� � " ,11 /wp w S 7• cn z 0.1 AC. 'v , 1235 53"E / h MA 77 68.6 S MAP 273 w /1 �. o A 251 .10 ,� 7.3 4 5 N ,� 6 # 6 - Co n 0. 7 N MAP P 26 J/ TODD G. T T&T l 6 10 LO S ,,� LOT 2 to A �? 7,655 S.F.t l� • h"S 0 Co MAP 273 � MAP 7 PCL 2 -•� 259 v h JOS CIESLA 1 # 82 co 3 STANL 6 R w 7, 9 S. � / 67.5 tra 11 ct \ 67 7 • 35'S3 t\MAP 272 .F 114 7 »E �� 41 8 0.22 C. n, MAP 27 41 7.9 1 AP 272 193-1 =' WALTER ARG w # 72 `,� • 8, 67.1 N MUR .Q AC, h. S77 .4 3 9 3" t 33 INV. ,..: =61.2 MAP 72 PCL 201 -»-_ -- - ___ N 0 1 l S7 • ` - r p 12 / CO ONE` LAN ING INCH p w ► ,46 T S. f ` N SPACE) ,Q SEWER LINE IN '4 ' ENi `' ^ it AC ^--( CO to Al�� h 8,82 S Ili; I, � L 0.2 MAP 2 MAP 272 " L 3 JOHANNE 1 72 • 1 8,744 S t ti../ 3 60 Co /I"- T 3 co 9, 56 F. S / Z .22 C. 129.1 7 E ZRY 2 2 PCL 3 FOLEY 5 S7S• T 1 \6� MA 272 37 9,7 5 � 0$' - 0. 2 ' 19 3 v� 7.6 '.'� •`n co P 272 # 0 `° �� LOT 22 ./� 10,12 S. 6 .6 0 AC E # 20 + + R S7 2 ' '' 4 - I L AP 27 PCL 38 P 272 l 5� 0 S.F. 3 EBRA J. LEWIS 193-4 oo� .20 , w, # 42 1 d � cn '7 rn .20 C.t / t i O S7 2 N 63.6 N� •� '� ry' AP -, MAP 272 0 89 07 54 E 45 77. .� LOT 6 Q , ,98 9 ,cv 0 N i CO ^ MAW. Z27 PC 37 4 4 t ra S)ZL M. D FENDERF I� N S. 0 0 0.26 OT ©�0 LOT � '4 !•ry 0.2 C. �t 7 Z M .16 A ' 9 OT t \ 65.5 N79.34 5?„ s.23 , W ul ' 8 #cV N f\ N7g•34.51'WN79 34 ca 67. � MAP 27 PCL 36 83•48 N7g•34 \ `..� RIC & M Y HU8 R 75 85,"'�•. B 4533 G 3 N79•3 B 208 109 34�51"W .B. MAP 272 85,58, 193-9 AP 272 _ # 197 35 MAP 272 193-11 \ # 178 MAP 272 PCL Z5/7.1 # 209 LIVING R,DEPCE/NO DB 8452 -Pe 112 MAP 272 MAP 272 193 PB 424 PG 45 •-12 # 3611 PRELIMINARY SITE DEVELOPMENT FLAN SETTLERS LANDING Of �,, A RESIDENTIAL COMMUNITY ARM iK NE �y� USING COMPONENT ,,.,... H. WT7'H AN AFFORDABLE HO off 508-362-as41 � Oft � p g ,tgLq tax 508 362-ssso q�oo9ot 04 ON LAND IN (HYANNIS) BARNSTABLE, MA PREPARED FOR BAYBERRY BUILDING CO. INC. down cape engineering, inc. H. OJALA P.L S'. P. . DATE SCALE: 111 = 401 DATE: 8-4-00 CIVIL ENGINEERS LAND SURVEYORS 939 main st. yaarmouthport, ma 02675 SHEET 2 OF 2