07/12/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals EA Fish Asher's Path, LLC 8 Comprehensive Permit Chapter 40 B SP-06-47 12. Per the Application, six (6) of the proposed units shall be restricted for rental at an amount that is deemed affordable for households earning no more than 30% of AMI and the remaining fifty(50) units shall be restricted for rental at an amount that is deemed affordable for households earning no more than 50% of AML These restrictions on affordability shall be for the longest period allowed'by law but, in no event, less than 99 years. The actual rents charged shall be in accordance with formulas established by DHCD. Additionally, occupancy of units shall be restricted, in perpetuity, to persons of 55 years of age, or older. The deed rider and/or use restriction that is required in order to ensure the restrictions on both affordability and age qualification is subject to the review and approval of the Board's Counsel. Such approval must be provided prior to the issuance of building permits and evidence of the recorded deed rider/restriction must be provided to.the Board and the Building Inspector prior to the issuance of occupancy permits. 13. The maximum number of 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 to effectuate this local preference, with an approved secondary lottery for all other applicants. No occupancy permits may be granted until the Board 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. 14. The Monitoring Agent for the project has yet to be selected although it is noted that the Housing Assistance Corporation may be the appropriate Agent. The ultimate selection of the Monitoring Agent shall be subject to the approval of DHCD, as well as the Board. 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 Monitoring Services Agreement must be approved by the Board's Counsel, such approval not to be unreasonably withheld, and executed prior to the issuance of occupancy permits. 15. In the event that a Regulatory Agreement between the Town, the Applicant and DHCD must be executed, said Agreement shall be subject to the Board's Counsel's review and approval, such approval not to be unreasonably withheld. No building permits may be issued until any required Regulatory Agreement is fully executed and recorded, with evidence of such recording provided to the Board and the Building Inspector. Given the unique nature of this project, the management of which will be ultimately turned over to the MHA, monitoring of the Applicant's limited dividend requirements will likely not follow normal standards and procedures. Nevertheless, the Applicant shall be bound by any such standards that are imposed by DHCD and/or applicable law.