08/22/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES • AUGUST 22, 2012 Since both developments will operate under different sets of regulations, the Commonwealth is demanding a very clear delineation between the two developments on the subject property: the front portion is operating under the 1987 Comprehensive Permit, while the back portion of the property is operating under a 2010 Comprehensive Permit. The only change to the 1987 Comprehensive Permit granted to the Mashpee Housing Authority is substitution of the first paragraph: See Exhibit B. This reflects that the Breezy Acres development occupies the 1.4 acres in the front of the subject property. The 4.8 acres in the back will be declared `surplus', thereby allowing for an agreement with the Housing Assistance Corporation for development of the Great Cove Community. Attorney Singer suggested that the Decision for a Minor Modification could indicate that paragraph I has been substituted and that the original 1987 Comprehensive Permit could be attached as Exhibit A to the Decision. No comments were received from Town Departments/Boards/Committees or abutters. Mr. Bonvie made a motion to grant the Minor Modification to the 1987 Comprehensive Permit. Mr. Blaisdell seconded the motion. Votes: Mr. Furbush, yes. Ms. Horton, yes. Mr. Reiffarth, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Vote was unanimous. • Attorney Singer outlined the requested changes to the 2010 Comprehensive Permit. Some of the changes will include deleting all references to Mashpee Housing Authority, Breezy Acres I, and Breezy Acres II, leaving the 2010 Comprehensive Permit to reflect only the Housing Assistance Corporation as the Petitioner and Great Cove Community as the development. Other changes will provide the flexibility needed to comply with both the MassHousing Partnership and lender requirements regarding affordable restriction compliance. The MassHousing Partnership and lenders require that the restriction and financial aspects of their regulatory agreements take precedence over the Comprehensive Permits. In addition, the loan documents must be senior to other restrictions to enable the developments to be financeable. Language will be revised to reflect that the Petitioner has entered into a wastewater agreement with the Town. Lottery preference has been slightly revised. Ms. Danner explained that a lottery for the units will be utilized with 70% residence preference. Once the ZBA has rendered its Decision, the State no longer considers the Board as part of the process. Instead, the Building Department and the Engineering peer review will determine when the infrastructure for the building has been completed and when the Occupancy permits shall be issued. Attorney Singer asked for the Decision to reference the most recent plan, which was approved by the ZBA at the June 8, 2011 Public Hearings. No comments were received from Town Departments/Boards/Committees or abutters. • Mr. Bonvie made a motion to grant the Minor Modification to the 2010 Comprehensive Permit. This Decision is based upon compliance with plan from Architects Brown Lindquist Fenuccio & Raber Architect, Inc. and Civil Engineers and Landscape 2