12/14/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Petitioner: Habitat for Humanity of Cape Cod, Inc. Owner of record: Town of Mashpee 6 Park Place Way Mashpee,MA 02649 CP-2011-48 5. Prior to the hearing, the Board received comments and correspondence from various Town boards, commissions, committees and officials. 6. The Petitioner is a Massachusetts non-profit corporation and an affiliate of Habitat for Humanity International. Accordingly, the jurisdictional requirements under 760 CMR 56.04(1)(a)have been satisfied. 7. The subsidizing agency is the Department of Housing & Community Development (DHCD). Per a Determination of Project Eligibility Letter (PEL) dated November 14, 2011, project eligibility under the Local Initiative Program (LIP) was granted. Accordingly, the jurisdictional requirements of 760 CMR 56.04(1)(b)have been satisfied. 8. The Town of Mashpee owns the Property. Accordingly, the 'jurisdictional requirements of 760 CMR 56.04(1)(c)have been satisfied. 9. At Special Town Meeting on May 3, 2010, the residents of Mashpee voted to transfer three parcels of land - 6 Park Place Way, 9 Park Place Way and 10 Tritown Circle - to the Board of Selectmen to solicit proposals for the development of the parcels as affordable housing units. (The parcel located at 10 Tritown Circle was withdrawn from the Petition as undevelopable owing to the presence of substantial wetlands on the parcel). 10. On January 28, 2011, Habitat for Humanity of Cape Cod, Inc. submitted its proposal to the Board of Selectmen for the development of the affordable housing units. 11. On February 14, 2011, the Board of Selectmen voted to accept the Petitioner's proposal and entered into an agreement with the Petitioner. 12. On April 11, 2011, the Board of Selectmen and the Petitioner entered into a Land Disposition Agreement. Under the Land Disposition Agreement, the Petitioner prepared a nitrogen loading aggregation plan and submitted it for review by the Town. The plan was subsequently submitted to the Massachusetts Department of Environmental Protection(DEP) for approval. DEP has approved this plan. 13. After receiving a letter of support from the Board of Selectmen dated May 31, 2011 and a letter of support from the Affordable Housing Committee dated June 7, 2011, the Petitioner submitted its Limited Initiative Program (LIP) application on October 31, 2011 to the Department of Housing & Community Development (DHCD) for its review and approval. 14. On November 14, 2011, DHCD sent a letter in approval of the Petition for project eligibility under the LIP. 2