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9. Section IV(10)—Delete the second sentence and replace as follows: <br /> "The Applicant has entered into a Wastewater Agreement with the Town of Mashpee. No <br /> occupancy permit for any of the new units shall be issued until the Applicant provides the <br /> Board and Building Department with evidence that the connection to the Town's wastewater <br /> treatment system and the public water supply are operational." <br /> 10. Section IV(13)—Delete this language in its entirety and replace as follows: <br /> "All of the units shall be restricted as affordable rentals in perpetuity with minimums as <br /> established in accordance with State and Federal regulations, as the same may be amended <br /> from time to time. The rental amount shall be affordable for such households in accordance <br /> with any standards imposed by DHCD. The deed rider or use restriction(s) that are required <br /> in order to ensure the restrictions on affordability shall be submitted to the Town for review <br /> by the Board and its counsel prior to signing. Evidence of the recorded deed rider or use <br /> restriction(s) shall be provided to the Board." <br /> These changes are being proposed to provide the flexibility needed to comply with both <br /> MHP and lender requirements regarding affordable restriction compliance and further <br /> because MHP and lenders require that the restriction aspects of their regulatory agreements <br /> take precedence over the Comprehensive Permit, and the revised language accounts for this. <br /> 11. Section IV(14)—Delete the reference to "parents of Mashpee residents"in the current first <br /> sentence. This is an impermissible category for local preference. In addition, add a new first <br /> sentence as follows: "The Board has determined that there is a need for a local preference <br /> and that such local preference will not have a disparate impact." <br /> 12. Section IV(16)—Delete in its entirety. Identifying the manager in the Comprehensive Permit <br /> is problematic. HAC has completed the required process of soliciting bids for a manager of <br /> the property post construction. <br /> 13. Section IV(17)—Revise the first sentence by deleting the phrase ("...[such regulatory <br /> agreement] shall be subject to...unreasonably withheld") and replace with"...[such regulatory <br /> agreement] shall be submitted to the Town for review by the Board and its counsel prior to <br /> signing." In addition, change"building permits" to "occupancy permits" in the last sentence. <br /> MHP and lenders require that the financial aspects of their regulatory agreements take <br /> precedence over the Comprehensive Permit, and the revised language accounts for this. In <br /> addition, lenders require that building permits be issued before closing,and the regulatory <br /> agreement is not executed until closing. This change will allow the mechanics of finalizing <br /> the regulatory agreement in connection with the financing to work smoothly. <br /> 2 <br />