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 9 Park Place Way Mashpee, MA 02649 CP-2011-49 1. Except as otherwise required by the conditions imposed by this Comprehensive Permit, the project shall be developed, constructed and completed in conformance with the Plans. 2. Under the Land Disposition Agreement, the Petitioner will select purchasers for the dwelling in accordance with established procedures at a sale price consistent with DHCD's LIP and its affirmative fair marketing prices. The Petitioner's goal is to select a family whose income is no more than 65% of the median income of Barnstable County. 3. The ultimate selection shall be accomplished by a lottery supervised by an agent approved by the DHCD. Preference in the lottery for either this Project OR the Project located at 6 Park Place Way will be restricted to a local resident. A local resident is defined as someone currently residing in the Town of Mashpee, currently employed in or by the Town, or attending school in the Town. 4. Upon receipt of the Building Permit, the Petitioner agrees to proceed without unnecessary delay to construct the home and convey it to an eligible purchaser. The dwelling will be conveyed subject to an affordable housing restriction rider approved by the DHCD that will ensure that the unit will be affordable in perpetuity. 5. The Board of Health restricts the Project to a three-bedroom dwelling. 6. Upon completion of the construction of the Project and issuance of a Certificate of Occupancy for the unit, the Petitioner shall convey the parcel and unit to the Eligible Purchaser identified and accepted by the Town. 7. As Park Place Way is a private road, all property owners are responsible for the maintenance of the road, including the drainage. The current property owners have initiated the process for the road to become a Town road. If approved, each property owner will be responsible for paying their share of the costs to bring the roads into compliance with Town standards. With respect to waivers from local by-laws and regulations, the Board hereby decides as follows: 1. The Board approves a waiver of 57,123 square feet from the lot size requirements and a waiver of 15 feet from the font setback requirements in the Zoning By- laws. These waivers are granted to the extent necessary in order to build the Project as shown on the Plans and approved Final Site Plans. 2. No waivers are granted from requirements that are beyond the purview of M.G.L. Chapter 40B §§20-23. 5