12/18/2019 PLANNING BOARD Minutes

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411.6 Decision of the Planning Board. The Planning Board shall consider the application for approval of a ROAD District Development Plan and grant its approval or disapproval after a duly advertised public meeting of the Planning Board within forty five (45) days of the filing of the application and plan with the Town Clerk and the Planning Board. The plan must be approved by a majority of the Planning Board membership. In no case may the Planning Board approve a plan with less than 3 affirmative votes. If the Planning Board fails to grant approval or render disapproval of the application and plan within said forty five (45) day period the application and plan shall be deemed disapproved without prejudice. Said requirement of approval or disapproval within forty five (45) days of filing with the Town Clerk and the Planning Board, may be extended by written agreement between the Planning Board and the applicant. If the Planning Board disapproves an application, it is incumbent on the applicant to either resubmit a revised ROAD application for approval, or proceed by complying with the Yarmouth Zoning Bylaws. Only after approval by the Planning Board of a ROAD District Development Plan (said approval to be noted by the applicant as an endorsement on said development plan) may the applicant file for a ROAD District Development Special Permit with the Board of Appeals pursuant to section 411.5 and section 103.2. 412 AFFORDABLE HOUSING 412.1 Affordable Housing 412.1.1 Purpose. The purpose of this bylaw is to increase the supply of housing that is available and permanently affordable to low or moderate income households. It is intended that the affordable housing units created under this bylaw qualify as low or moderate income units for purposes of M.G.L. ch. 40B, sec. 20-23 and shall be in compliance with 760 CMR 56.00 the Local Initiative Program (LIP) and meet the guidelines and standards promulgated thereunder by the Department of Housing and Community Development (DHCD) for inclusion in the DHCD Ch 40B Subsidized Housing Inventory as Local Action Units. Nothing in this bylaw shall preclude a developer from providing more affordable housing units than required hereunder. 412.1.2 Applicability. This bylaw section is applicable to affordable housing units created in accordance with Bylaw sections 404 Motels, 414 Village Centers Overlay District, 412.2 Inclusionary Zoning, 412.5 Affordable Lots or by a Special Permit Granting Authority. This bylaw does not apply to affordable dwelling units created with a Comprehensive Permit. 412.1.3. Preservation of Affordability & Restrictions. Each affordable housing unit shall be subject to an encumbrance such as an affordable housing restriction and/or regulatory agreement as defined by M.G.L., ch. 184, sec. 31 and as approved by the Town which shall ensure that the affordable housing shall be affordable in perpetuity. The affordable housing restriction and/or a regulatory agreement shall be, recorded at the Barnstable County Registry of Deeds and shall be in force in perpetuity, or for the maximum period of time allowed by law, so as to be binding on and enforceable against any person claiming an interest in the property and shall conform to the following: 1. The affordable housing restriction shall meet the requirements of the Local Initiative Program (LIP), 760 CMR 56.00 Local Initiative Program (LIP) and guidelines 93