12/10/2003 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee DECISION ON COMPREHENSIVE PERMIT APPLIC4 t Seek Pvoad Xonh „ y G.L. C. 40B, 020-23 bashp ee, Massachusetts 02649 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: May 5, 2004 1. PROCEDURAL HISTORY AND JURISDICTIONAL FINDINGS 1. Application received on November 10, 2003 for a so-called "Comprehensive Permit" for 24 housing units and one commercial parcel on the Property. 2. Original Application did not include a Site Eligibility Determination as required by 760 CMR 31.01(1)(b) and, accordingly, was jurisdictionally deficient. The Public Hearing was continued in order to cure jurisdictional defect. 3. On December 2, 2003, the Massachusetts Housing Finance Agency (MHFA) Issued a Site Eligibility Letter for no more than 17 housing units and, accordingly, such letter was insufficient to confer jurisdiction under 760 CMR 31.01(1)(b). • 4. On February 13, 2004, the Applicant revised Application to conform to MHFA's site eligibility letter by reducing project to sixteen(16) housing units, five (5) of which are to be "affordable" and one (1) of which is to be restricted for sale to moderate income households. 5. With the revised application, the Board finds that the Applicant has satisfied the jurisdictional requirements of 760 CMR 31.01(1)(b). 6. The Applicant possesses qualified status as a Limited Dividend Organization. 760 CMR 3 1.01(1)(a). 7. The Applicant controls the site. 760 CMR 31.01(1)(c). 8. Public hearing opened in a timely manner on December 10, 2003 and was continued with good cause and without objection to the following dates: February 11, 2004, February 25, 2004, March 10, 2004, March 24, 2004 and April 14, 2004. The hearing was closed on April 14, 2004. Throughout the public hearing, ? g the Applicant submitted additional information at the Board's request. 9. Kevin Kirrane, Esq., Manager of and Counsel to the Applicant, appeared on behalf of the Applicant. The Applicant's engineer is the Horsley Witten GrouB • The Applicant's Trustee John McShane also appeared at the public hearing�7 10. The Board received comments and reports from the various Town Officials. The Board retained the services of Charles Rowley, P.E., RLS who reviewed the