01/11/2006 ZONING BOARD OF APPEALS Minutes

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FINAL VERSION RULES AND REGULATIONS GOVERNING JOBS & WHITINGS NEIGHBORHOOD DESIGN REVIEW PROCESS THE DESIGN APPROVAL PROCESS The character of the Jobs and Whitings Neighborhood is based on two seemingly opposite characteristics: the diversity of individual home design and the harmony resulting from the careful enforcement of the Jobs and Whitings Neighborhood Architectural/Design Code (the "Code"). Individual design allows for creativity while the Code makes sure that certain themes tie the homes together into a satisfying whole. These Rules and Regulations (the"Rules")establish a design review process for all new construction and modifications within the Jobs and Whitings Neighborhood, consistent with the restrictions set forth in the Code.All construction, including expansions or modifications of existing structures must adhere to the Rules and the Code and any conditions of the Cape Cod Coininission decision on the Development of Regional Impact for the Jobs and 1,A7hitings Neighborhood.. As described herein,the Rules provide for significantly less oversight and process for construction undertaken by the Jobs Whiting Trust, provided that the Trust is . controlled by the same parties that applied for and received the underlying comprehensive permit under,G.L. c. 40B, §§20-23, allowing the construction of the Jobs&Whiting Neighborhood. All construction that is not undertaken by Jobs Whitings Trust, including landscaping and all other parts of any given lot visible froni public areas, such as street AA7alls and driveways, must be reviewed and approved before construction. Once a plan is approved, any modification to that plan, or an)/modification to the finished lot, must also be reviewed and approved. A11 construction must comply with the submitted plans. Applications are approved based upon compliance with the Code and overall quality of design and proposed construction as may be outlined in the Code. The Office of the Neighborhood Architect may also consider other factors, including purely aesthetic considerations, which play require changes to a design to improve its appearance even if it meets the technical requirements of the Code. The Office of the Neighborhood Architect may.grant a variation fi-om the Code based on existing topographical or landscape conditions, accessibility needs, or architectural merit, but the granting of such a variation does not set a precedent for other applications THE NEIGHBORHOOD ARCHITECT Review of proposals for construction shall be undertaken by the Office of the Neighborhood Architect of the Jobs and Whitings Neighborhood (the "Neighborhood Architect"). The Neighborhood Architect(and any successor thereto) shall be selected by the Jobs and Whiting Trust, provided that the Trust is controlled by the same entities that applied for and received the underlying Comprehensive Permit. The Neighborhood Architect shall be qualified to review and approve designs that are consistent with those approved by the Mashpee Zoning Board of Appeals under the Comprehensive Permit. The Trust shall advise the Zoning Board of Appeals of the identity of the Neighborhood Architect and shall supply supporting information demonstrating the Neighborhood Architect's qualifications. Should the Jobs and Whiting project be conveyed,transferred or assigned to any other party or should the controlling interest in the Trust be conveyed,transferred or assigned,the.selection of the Neighborhood Architect must receive the prior approval of the Maslipee Zoning Board of Appeals in accordance with the 1