01/11/2006 ZONING BOARD OF APPEALS Minutes

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and recorded with the Barnstable County Registry of Deeds prior to the receipt of any building permit. Any subsequent division into smaller lots along established roadways shall require endorsement of the Board in accordance with the procedures under G.L. c. 41, § 81P or §81U, as may be applicable. The Applicant may, at his own discretion opt to combine groups of Town House lots into a single lot in a condominium form of ownership. 6. The Applicant shall generally adhere to the conceptual phasing plan described in Section II hereof. Final definitive phase proposals shall be submitted for the Board's approval prior to commencement of construction of the initial and any subsequent phase. The Board's review and approval of such phases shall be an administrative act undertaken at a public meeting but not requiring a frill public hearing. In approving such definitive phases, the Board may impose such reasonable conditions as may be necessary to implement such phase. In the event that the Board does act upon a phasing proposal within 35 days of submittal, such proposal shall be deemed approved,provided that, for good cause shown, the Applicant shall allow a 30 day extension of such approval period. By the conclusion of the project's first phase,the Applicant shall construct Market Street (from edge to edge of the traveled way) as shown on the Plans, excluding the final course of pavement. Every phasing proposal shall ensure that, at the very least, 25% of the units to be completed at the end of such phase are affordable units. No subsequent phases may be commenced unless all of the affordable units in the prior phase are completed and in receipt of an occupancy permit. 7. Final, fully designed site plans shall be provided prior to the commencement of construction of any defined phase of the project. Not less than forty-five (45) days prior to either the anticipated date of commencement of construction or the submission of application for building permits for any phase of the project, whichever is earlier, the Applicant shall deliver to the Board final, detailed engineered site plans for such phase (the "Final Site Plans") which are of a quality and level of detail sufficient to allow the Board, and any consulting engineer that may be retained by the Board to review the Final Site Plans for consistency with the Master Plans as well as for compliance with the terms of this Comprehensive Permit, legal requirements and industry standards. No construction shall commence and no building permits shall issue under this Comprehensive Permit for such phase until the Board, in consultation with any engineer that it may choose to retain, has approved the Final Site Plans as being in conformance with this Decision. If no written response or comments have been given to the Applicant by the Board concerning the Final Site Plans within forty-five (45) days after the Final Site Plan submission date, the Final Site Plans, as delivered, will be deemed to have been approved for the applicable phase of the project, provided that, for good cause shown, the Applicant shall allow a 30 day extension of such approval period. Nothing herein shall be construed to limit or otherwise affect the Mashpee Building Department's authority and obligations under the State Building Code. final permit 10