07/12/2006 ZONING BOARD OF APPEALS Minutes

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Town of Alashpee vs ck ��,�� • 1Y1as1 eef 1�'Ia�cicltLoad�Vor-t6� etts 02649 DECISION ON COMPREHENSIVE PERMIT APPLICATION G.L. C. 40B, §§20-23 APPLICANT: EA Fish Asher's Path LLC (the "Applicant") PROPERTY: Asher's Path and Route 28, Assessor's Map 62, Parcel 244 (the "Property") DATE: August 9, 2006 I. PROCEDURAL HISTORY AND JURISDICTIONAL FINDINGS I. Application for so-called Comprehensive Permit received by the Mashpee Zoning Board of Appeals (the "Board") on June 27, 2006. The application is for fifty-six (56) age-restricted, affordable rental apartments in one building on the Property (the "Project"). Application materials included a project narrative, a"project eligibility letter" from-the Department of Housing and Community Development ("DHCD"), a Ground Lease Agreement evidencing control of the Property, preliminary project plans, and preliminary architectural drawings, as well as other related materials. 2. The Applicant is a limited dividend corporation. Accordingly, the jurisdictional requirements under 760 CMR 31.01(1)(a) have been satisfied. In addition,the Mashpee Housing Authority ("MHA"), which is a local governmental entity formed under G.L. c. 121B, is a managing member of the Applicant and will be integrally involved in the development of the Project. It is proposed that the MHA will ultimately assume responsibility for managing the Project. 3. The subsidizing agency is DHCD. Per a letter from DHCD, dated June 19, 2006, Project Eligibility has been granted under the Low Income housing Tax Credit ("LIHTC") program. Accordingly, the jurisdictional requirements under 760 CMR 31.01(1)(b) have been satisfied. 4. The Applicant possesses an interest in the site by virtue of the fact that it has executed a certain "Ground Lease Agreement" with the MHA, which presently owns the Property. Accordingly, the jurisdictional requirements of 760 CMR 31.01(1)(c) have been satisfied. SC; 01b 91 9nd 900 -4 NM01 � �, �µ4M01