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3. The subsidizing agency is MassHousing. Per a letter from MassHousing, dated
<br /> September 28, 2004 (as extended by MassHousing on October 3, 2006), Project
<br /> Eligibility has been granted under the Housing Starts and 80/20 programs
<br /> administered by MassHousing, as well as the New England Fund program.
<br /> Accordingly,the jurisdictional requirements under 760 CMR 31.01(1)(b) have
<br /> been satisfied.
<br /> 4. The Applicant possesses an interest in the site by virtue of the fact that, through
<br /> substantially related entities, it owns the Property. Accordingly, the jurisdictional
<br /> requirements of 760 CMR 31.01(1)(c) have been satisfied.
<br /> 5. Prior to the commencement of the public hearing an advisory committee was
<br /> formed and met periodically with the Applicant to address issues and local
<br /> concerns.
<br /> 6. A public hearing timely conmzenced on January 11, 2006 and was continued, with
<br /> good cause to the following dates: January 31, 2006, March 7, 2006, April 19,
<br /> 2006, May 2, 2006, May 16, 2006, May 30, 2006, June 13, 2006, June 27, 2006,
<br /> July 13, 2006, July 27, 2006, September 7, 2006, September 28, 2006, October
<br /> 24, 2006,November 28, 2006, December 18, 2006 and January 16, 2007. On
<br /> January 16, 2007, the hearing was closed.
<br /> 7. The Board utilized the services of Special Counsel Jason Talerman and the
<br /> engineering firm of Charles L. Rowley &Associates to assist in the review of the
<br /> Application. Town officials, including but not limited to the Town Planner and
<br /> the Chief of the Mashpee Fire Department also contributed a significant amount
<br /> of information and analysis. The Cape Cod Commission also provided written
<br /> comments to the Board.
<br /> 8. The Applicant's principal Douglas Storrs was present at each session of the
<br /> hearing and made most presentations on behalf of the Applicant. The Applicant
<br /> was also represented by Attorney Peter Freeman during the hearing. Application
<br /> materials were prepared by a design team that includes: Duany Plater-Zyberk &
<br /> Company (planning); Imai Keller Moore Architects; Brown, Richardson & RoNve
<br /> (Landscape Architecture); Vanasse & Associates, Inc. (traffic); Sanborn, Head &
<br /> Associates (engineering), and Stantec Engineering.
<br /> 9. Throughout the hearing, the Applicant responded to the Board's concerns by
<br /> revising the plans and providing additional materials, including an updated list of
<br /> waiver requests, a proposed architectural "code" and an updated phasing plan.
<br /> 10. The public hearing also included limited but significant input from the public.
<br /> 11. During the early stages of the hearing, questions arose regarding the extent of
<br /> authority that the Mashpee Planning Board and the Cape Cod Commission may
<br /> have over the commercial components of the project. The opinion of the
<br /> final permit 2
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