07/28/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Mashpee Housing Authority and Housing Assistance Corporation Breezy Acres Phase II—570 Old Barnstable Road Mashpee, MA 02649 CP-10-29 4. Any by-law or regulation not expressly waived hereunder shall be strictly enforceable. Any subsequent revision to the Plans, including but not limited to revisions that are apparent in the Final Site Plans that require additional or more expansive waivers of any local by-laws or regulations must be approved by the Board in accordance with 760 CMR 56.05(11). 13. All of the Project's affordable units shall be restricted, in perpetuity for lease to households earning no more than 50% of AMI. The rental amount shall be affordable for such households, in accordance with any standards imposed by DHCD. The deed rider or use restriction that is required in order to ensure the restrictions on affordability is subject to the review and approval of the Board, which may consult with its Counsel. Evidence of the recorded deed rider or use restriction shall be provided to the Board. 14. The maximum number of affordable units allowed by law and applicable subsidy program, but no more than seventy(70%)percent of the units, shall be reserved for present residents of Mashpee, or the parents of present Mashpee residents, or employees of the Town of Mashpee or teachers employed by the school district serving Mashpee. A lottery shall be established in a form approved by DHCD and/or the Project's monitoring agent to effectuate this local preference, with an approved secondary lottery for all other applicants. No occupancy permits may be granted until the Board, in consultation with its Counsel, has approved the lottery plan, such approval not to be unreasonably withheld. The Board shall be kept apprised of all events in the lottery process. 15. The Monitoring Agent for the project shall be a qualified entity approved by the Applicant's subsidizing agency. The Applicant shall provide the Board with copies of any and all correspondence, documents and statements provided by the Applicant to the Monitoring Agent or from the Monitoring Agent to the Applicant. The copy of the fully executed Monitoring Services Agreement(s) must be provided to the Board and the Building Inspector prior to the issuance of occupancy permits. 16. The MHA shall manage the Project after its construction. 17. In the event that the regulatory agreement between the Applicant and the Applicant's subsidizing agency must also be executed by the Town, such regulatory agreement shall be subject to the review and approval of the Town and its counsel, such approval not to be unreasonably withheld. The regulatory agreement must be fully executed and recorded prior to the issuance of any building permits for the Project