12/13/2006 ZONING BOARD OF APPEALS Minutes

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it possesses all requisite approvals from the DEP for an on-site wastewater treatment facility. 14. The Final Site Plans shall contain a final design of the drainage system that exhibits compliance with all applicable best management practices and any applicable Stormwater Management Guidelines promulgated by the Commonwealth of Massachusetts, as well as reasonable requirements that may be imposed by the Board, in consultation with its engineer. The Massachusetts Stormwater Guidelines shall apply to the entire stormwater management system even if there are no wetland resource areas present. Should any requirements reasonably imposed by the Board's engineer result in a material change to any aspect of the project, a permit amendment under 760 CMR 31.03 must be obtained. Additionally, although the operation and maintenance of the bio- retention system shall be the responsibility of the Applicant and/or the Condominium Association, a cash deposit, passbook or tri-party agreement shall be required, in a reasonable amount, for security for the long-term functioning of the bio-retention system. The amount of the security shall be suggested 6y the Applicant's engineer and shall be subject to the review and approval of the Board's Engineer. Under such agreement, all security shall be released if the system is frilly functioning after two years from the date of the final occupancy permit. Said agreement must be in a form approved by the Board's counsel. 'The Applicant may provide a proposal for alternative security the bio-retention system, such alternative requiring the Board's prior approval. 15. With respect to each of the Applicant's requests from local by-laws and regulations,the Board approves only those listed waivers that are necessary in order to build the Project that is shown on the Plans, as may be modified in the Final Site Plans, except as may be otherwise provided herein. No waivers are granted from requirements that are beyond the purview of G.L. c. 40B, §§20-23. No waivers are granted from permit or inspection fees. No waivers are granted from sign regulations. Waivers from security requirements are granted provided that the Applicant shall comply with the security requirements contained in this Decision. Any by-law or regulation not expressly waived hereunder shall be strictly enforceable. Any subsequent revision to the Plans, including but not limited to revisions that are apparent in the Final Site Plalis that require additional or more expansive waivers of any local by-laws or regulations must be approved by the Board in accordance with 760 CMR 31.03. 16. All of the 30 affordable units shall be restricted, in perpetuity for sale (24) or lease (6) to households earning no more than 80% of AMI. So as to provide a window of affordability, the actual rents or sale prices of these affordable units shall be an amount that is deemed affordable to households earning no more than 70% of the AMI. The deed riders and/or use restriction that is required in order to ensure the restrictions on affordability is subject to the review and approval of the Board's Counsel, such approval not be unreasonably withheld. Such approval must be provided prior to the issuance of building permits and evidence of the recorded Mashpee Woods-final permit—6/12/08 8