08/22/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Decision for Minor Modification Comprehensive Permit CP-2010-29 14. The Board has determined that there is a need for a local preference and that such local preference will not have a disparate impact. The maximum number of affordable units allowed by law and applicable subsidy program,but no more than seventy (70%) percent of the units, shall be reserved for present residents of Mashpee, or employees of the Town of Mashpee, or teachers employed by the school district serving Mashpee. A lottery shall be established in a form approved by DHCD and/or the Project's monitoring agent to effectuate this local preference, with an approved secondary lottery for all other applicants. No occupancy permits may be granted until the Board, in consultation with its Counsel, has approved the lottery plan, such approval not to be unreasonably withheld. The Board shall be kept apprised of all events in the lottery process. 15. The Monitoring Agent for the project shall be a qualified entity approved by the Applicant's subsidizing agency. The Applicant shall provide the Board with copies of any and all correspondence, documents, and statements provided by the Applicant to the Monitoring Agent or from the Monitoring Agent to the Applicant. The copy of the fully executed Monitoring Services Agreement(s) must be provided to the Board and the Building Inspector prior to the issuance of occupancy permits. 16. In the event that the regulatory agreement between the Applicant and the Applicant's subsidizing agency must also be executed by the Town, such regulatory agreement shall be submitted to the Town for review by the Board and its Counsel prior to signing. The regulatory agreement must be fully executed and recorded prior to the issuance of any occupancy permits for the Project. 17. The Applicant is responsible for the preparation and execution of any document that maybe required by DHCD in order to have all of the Project's units included on the Town's Subsidized Housing Inventory. 18. As security for completion of the infrastructure shown on the Final Site Plans, including but not limited to the roadways, sidewalks, parking, stormwater management system, lighting, water and sewer systems, landscaping and utilities (collectively the "Infrastructure"), the release of occupancy permits for the buildings shall be subject to the following restrictions: a. No occupancy permit for a unit in any house shall be issued until the driveways, parking areas and all other infrastructure shown on the Final Site Plans for the Project have been completed, excepting the final course of pavement for the driveways and parking areas. Prior to the issuance of the occupancy permit for the last duplex building, the Applicant shall install the final course of pavement for the driveways and parking areas and complete any remaining curbing landscaping and any "punch list" items identified by the Board's engineer, to the extent consistent with the Final Site Plans. 7