07/12/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals EA Fish Asher's Path, LLC 9 Comprehensive Permit Chapter 40 B SP-06-47 16. The Applicant is responsible for the preparation and execution of any document that that may be required by DHCD in order to have all 56 units in the project included on the Town's Subsidized Housing Inventory. 17. Pursuant to the conditions contained in DHCD's Project Eligibility letter, no construction may commence until LIHTC funds are awarded and DHCD issues final approval. Any change in the subsidy source shall be subject to the Board's review and approval under the provisions of 760 CMR 31.03. 18. The management contract with Peabody Properties or other designated property manager must be reviewed and approved by the Board's Counsel prior to the issuance of occupancy permits, such approval not to be unreasonably withheld. 19. The Applicant shall provide the Board and the Board's Counsel with more thorough contracts or other documentation setting forth the terms of the proposed turn-over of the management of the project to the MHA. Any such agreements must be reviewed and approved by the Board's Counsel prior to the issuance of occupancy permits, such approval not to be unreasonably withheld. 20. As security for completion of the infrastructure shown on the Final Site Plans, including but not limited to the driveway, parking, drainage facilities, and utilities (collectively the "Infrastructure"), the release of occupancy permits for the housing units shall be subject to the following restrictions: a. No occupancy permit for a unit in any building shall be issued until: (1) the driveway and parking area shown on the Final Site Plans has been installed; and (2) all other Infrastructure as shown on the Final Site Plans, as approved by the Board's engineer, has been constructed or installed so as to adequately serve said building. b. No occupancy permits shall be issued until the Applicant complies with any other requirements or specifications that are reasonably required by the Board's engineer for compliance with the Final Site Plans, this decision and applicable law. C. Upon completion of all such Infrastructure, the Board's engineer shall inform the Board accordingly who may authorize the Building inspector's. release of occupancy permits. No occupancy permit shall be issued without such authorization and such authorization shall be ineffective unless it is in writing. 21. During construction, the Applicant shall maintain all feasible and reasonable means of dust control and shall collect all debris on a daily basis. No construction may occur on Sundays or on New Year's Day, Memorial Day, July 0', Labor