HomeMy WebLinkAboutSubdivision 828_Development Agreement
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Town of Barnstable
Planning Board
www.town.barnstable.ma.us/planningboard
DEVELOPMENT AGREEMENT
Definitive Subdivision Plan Subdivision #828
307 Main Street, Hyannis
AGREEMENT made in consideration of approval of the within subdivision by the Planning Board
this 13th day of May 2024 , by and between the Town of Barnstable, a municipal corporation
acting through its Planning Board and WinnDevelopment Company, LP having a usual place of
business at One Washington Mall, Suite 500, Boston, MA 02108, hereinafter referred to as the
"Applicant", and owner 307 Main Street Nominee Trust, Conrad Watson, Trustee, owner of all
the land shown on the plan entitled “307 Main Street Definitive Subdivision Plan in Hyannis,
Massachusetts, Subdivision Number 828”, dated April 11, 2024, by Beals and Thomas.
For title to the property see the deed recorded at the Barnstable Registry of Deeds, Book 34363,
Page 113-121.
The parties mutually agree as follows:
1. The Applicant hereby agrees to construct the ways and install the utilities in the foregoing
subdivision in accordance with the following:
i. all the conditions of approval of the Planning Board in their decision dated May 13,
2024 are attached hereto (known as Exhibit 1) and made a part thereof, this
development agreement; and
ii. all the requirements of the Subdivision Rules and Regulations of the Barnstable
Planning Board as of the approval date of this plan under the authority provided by
Section 81Q of Chapter 41 of the General Laws (Ter. Ed.) as amended; except for the
waivers which have been granted by the Planning Board and attached hereto and
made a part thereof, this development agreement.
iii. in accordance with the Subdivision Plans and Profiles submitted by the Applicant and
approved by the Planning Board; and
2. The Applicant acknowledges that the waivers that are specifically described in the Definitive
Subdivision decision dated May 13, 2024 (known as Exhibit 2) are the only waivers that are
acknowledged and approved by the Planning Board as of the date of approval of the
Subdivision Plan; and
3. The Applicant agrees that the subdivision shall conform to all the requirements of the
Subdivision Rules and Regulations except as waived by the Planning Board in writing; if the
development is not consistent with the Subdivision Rules and Regulations, the waivers
granted thereto, and the Conditions of Approval, the Applicant agrees to bring the
development in to compliance; and
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4. The Applicant agrees to construct the ways and install the utilities within eight (8) years from
the date of endorsement of the Subdivision Plan and Profiles, and furthermore agrees that
construction shall be completed one year from the date of commencement of construction, or
such further time as may otherwise be mutually agreed upon by both parties in writing.
Failure to complete construction and installation within the time specified shall result in
rescission of approval of the plan.
5. The Applicant agrees to maintain all ways and utilities in the subdivision and to apply to the
Planning Board for a finding that the subdivision is complete, and fully execute Form M, the
Certificate of Completion.
6. The Applicant agrees to record this agreement with the Subdivision Plan at the Barnstable
County Registry of Deeds, and to forward recorded copies of this agreement to the office of
the Planning Board Office as defined in the Definitive Subdivision decision dated May 13,
2024. Failure to comply with this provision will result in automatic rescission of the
Subdivision Plan.
7. This agreement shall be and is binding upon the heirs, executors, administrators, assignees
and successors in interest, and upon the grantee or successors in title.
8. The Applicant is the owner(s) of record of the premises on said plan.
9. As part of the consideration of this agreement, and in accordance with the provisions of
Massachusetts General Laws, Chapter 41,Section 81U, a covenant shall be recorded at the
Barnstable County Registry of Deeds to secure the construction of ways and the installation of
utilities within the eight years specified in paragraph four (4) above. Security may be varied
from time to time in accordance with the provisions of Massachusetts General Laws, Chapter
41, Section 81U.
10. The Applicant agrees that in the event that the security lapses or is no longer valid, all unsold
lots shall be considered to be under covenant and not to be conveyed or built upon; and the
Town shall not issue building permits on such lots in the subd ivision; and the Applicant shall
forthwith forward to the Planning Board alternative security acceptable to the Board.
This agreement shall be in full force and effect for twenty (20) years from the date of execution of
the agreement, or until the Planning Board finds that the Subdivision has been completed and
fully executes Form M, the Certificate of Completion.
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DEVELOPMENT AGREEMENT
Applicant’s Signature:
____________________________________
WinnDevelopment Company, LP
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS ___/___/ 20____
Then personally appeared before me the above
named__________________________________
(print name)
and acknowledged the foregoing instrument to be his/her/its free act and deed.
_______________________________________________
Notary Public
My commission expires: ____________________________
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DEVELOPMENT AGREEMENT
Acceptance by the Town of Barnstable Planning Board:
_____________________________
Stephen Robichaud, Chair
Barnstable Planning Board
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS ___/___/ 20____
Then personally appeared before me the above
named__________________________________
(print name)
and acknowledged the foregoing instrument to be the free act and deed of said Planning Board
for the Town of Barnstable, MA.
______________________________________
Notary Public
My commission expires: ____________________________