08/22/2012 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MINUTES AUGUST 22, 2012 "All of the units shall be restricted as affordable rentals in perpetuity with minimums as established in accordance with State and Federal regulations, as the same may be amended from time to time. The rental amount shall be affordable for such households in accordance with any standards imposed by. DHCD. The deed rider or use restriction(s) that are required in order to ensure the restrictions on affordability shall be submitted to the Town for review by the Board and its counsel prior to signing. Evidence of the recorded deed rider or use restriction(s) shall be provided to the Board." These changes are being proposed to provide the flexibility needed to comply with both MHP and lender requirements regarding affordable restriction compliance and further because MHP and lenders require that the restriction aspects of their regulatory agreements take precedence over the Comprehensive Permit, and the revised language accounts for this. 11. Section IV(14) — Delete the reference to "parents of Mashpee residents" in the current first sentence. This is an impermissible category for local preference. In addition, add a new first sentence as follows: "The Board has determined that there is a need for a local preference and that such local preference will not have a disparate impact." 12. Section IV(16) — Delete in its entirety. Identifying the manager in the . Comprehensive Pen -nit is problematic. HAC has completed the required process of soliciting bids for a manager of the property post construction. 13. Section IV(17) — Revise the first sentence by deleting the phrase ("...[such regulatory agreement] shall be subject to ... unreasonably withheld") and replace with "...[such regulatory agreement] shall be submitted to the Town for review by the Board and its counsel prior to signing." In addition, change "building permits" to "occupancy permits" in the last sentence. MHP and lenders require that the financial aspects of their regulatory agreements take precedence over the Comprehensive Permit, and the revised language accounts for this. In addition, lenders require that building permits be issued before closing, and the regulatory agreement is not executed until closing. This change will allow the mechanics of finalizing the regulatory agreement in connection with the financing to work smoothly. 14. Section IV(19)(c) — Delete in its entirety and replace as follows: "Upon completion of all such Infrastructure for the applicable building, as described above, the Board's engineer shall inform the Board and Mashpee Building Inspector accordingly, and the occupancy permit may be released. No occupancy permit shall be issued without such notification, and such notification • shall be ineffective unless it is in writing." An additional requirement to obtain new Board review and authorization for release of occupancy permits is problematic for both MHP and construction 9