09/22/2004 ZONING BOARD OF APPEALS Minutes

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16 Great JVeck PVoad JVi)iVown of Mashpec h, MODIFICATION TO Nfashpee, i4assa,chusetts 02649 DECISION ON COMPREHENSIVE PERMIT APPLICATION G.L. C. 40B, §§20-23 APPLICANT: Southside Realty Trust (the "Applicant") PROPERTY: Land off of Rte 130: Map 36, Parcels 47, 47A, 47B, 47C, 47D, 47E, 47F, including Lettie Lane (the "Property") DATE: October 8, 2004 On June 29, 2004,the Applicant submitted a "Request for Major Modification"to the Comprehensive Permit, originally issued on May 5, 2004 which permit is filed with the Barnstable County Registry of Deeds at Book 19110, Page 313. The Applicant concedes that the proposed Modification is substantial and, accordingly,with the Applicant's consent,the Board opened and held a public hearing on the same on September 22, 2004. The hearing was closed on September 22, 2004. The original permit was for 16 units. The Modification requests approval of eight additional units in two separate"quad-plexes." The proposed modification is shown on the site plans the Horsely Witten Group, entitled "Main Street Village Proposed Development Plan Comprehensive Permit Application(Phase II)," dated May 14, 2004 and the proposed architectural plans of Stephen C. Hayes(collectively,the"Plans"). Of the eight additional units, one shall be restricted for sale to low or moderate income households earning no more than 80% of the median household income for the area and three shall be restricted to moderate income households earning no more than 120% of the median household income for the area. The Board finds that the proposed Modification provides much needed affordable housing and that the benefits of such housing outweigh any local concerns impacted by the project. Upon Motion of Zella Elizenberry, seconded by Frederick Borgeson,the Board unanimously voted to grant the Applicant's request, subject to the following conditions: 1. The Board's approval of the Modification shall be ineffective unless and until the Applicant provides the Board with a copy of the Massachusetts Housing Finance Agency's written approval of the same. 2. The Modification is limited to the configuration and housing styles shown on the Plans. The Board hereby grants waivers from the all waivers that are necessary to construct the Modification as shown on the Plans. Waivers are limited to the extent necessary to construct the project shown on the Plans. Waivers are further limited solely to the by-laws and regulations contemplated under G.L. c. 40B, §§20-23. No other waivers are granted and all local by- laws and regulations not waived shall be enforced in their entirety. There t