1/28/2015 ZONING BOARD OF APPEALS Minutes

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. Habitat shall prepare an application for approval of the Project as a LIP for review by the Town,thereby qualifying the two Parcels and Units as within the Town's year-round . affordable housing stock. . Habitat shall submit the LIP application to D SCD for its review and approval. The Town will support the application and do other work, on an as-needed bads, to facilitate the acceptance of the Project as a LIP'by DHCD.LIP' . It is presently contemplated by the parties that each Parcel will require Comprehensive Per ifto be granted under the provisions of M.G.L. c. 40B in order to qualify as a Local Initiative Project and proceed to the building penrdt stage of the + project.Upon the approval of the-Project as a LIP.by DHCD, Habitat shall prepare an application complete with the required plans and supporting material for a Comprehensive Permit and shall submit the applications to the Zoning Board of Appeals . and shall participate in the public hearings. . Upon the issuance of the Comprehensive Permit by the Zoning Board of Appeals, Habitat shall prepare and submit to the Town plans for the construction of each Unit consistent with the design of other housing built by Habitat on Cape Cod. Such plans shall include all information regird for the issuance of permits for such construction by the d'own's regulatory authorities having jurisdiction. i 6. Habitat shall proceed to select Purchasers for each Unit in accordance with Habitat's established procedure at a sale pric.e consistent with.the DHCD's Local Initiative Programa and this Agreement. Habitat shall comply with DHCD's Affirmative Fair Marketing requirements, and may, at its discretion',further publicize this opportunity . through schools, churches, businesses,posters and any other means. . Habitat shall provide documentation of eligibility of the successful applicants to the Monitoring Agency for 40B Projects. i . Upon receipt of the building permits, Habitat shall proceed without unnecessary delay to build each Unit in accordance with the pf aus subn:dfted to the Town. Habitat agrees to finance and oversee the construction of two single-family it dwellings for sale only to } Eligible Purchasers, as that term is defined herein. . Habitat will complete construction of the Units no later thaii three years after it tames tale to the Parcels. For Purposes of this paragraph,Habitat will be deemed to have completed co,n tructi n upon'obtaining Certificates of Occupancy for.the Units. } 10. Upon coma letton of the construction f the Units and the issuance of Certificates of. Occupancy for the Units, itat' hall convey the Parcels and grits,to the Eligible Purcha.s rs. The deed to an eligible Purchaser shall include an Affordable Housing Restriction Rider approved by DHCD ensuring that the Parcel.will stay affordable in perpetuity. The Resale Restrictions contained in the Affordable Housing Restriction Rider which encumbers the Parcels pursuant to the requirements of this Agreement is an