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and pursue such modification from the Conservation Commission. In the event <br /> that, after the exercise of all due diligence, any necessary modification cannot be <br /> obtained, the Applicant may seek, under the provisions of 760 CMR 31.03, a <br /> modification of this permit to allow a narrower driveway. <br /> 6. The Board hereby grants all waivers that are necessary to construct the project <br /> shown on the Plans. As to dimensional requirements, no original or future I <br /> construction of primary and/or accessory above-ground structures may occur <br /> outside of the "building envelope," as shown on the plans. Such"building <br /> envelope" shall constitute the new setback requirements for the lots. No other <br /> waivers are granted and all local by-laws and regulations not waived shall be I <br /> enforced in their entirety. Any subsequent revision to the Plans that requires <br /> additional or more expansive waivers must be approved by the Board in <br /> accordance with 760 CMR 31.03. <br /> Nf <br /> 7. Twenty-five (25%) percent (i.e. three (3)) of the 12 proposed units shall be k, <br /> restricted, in perpetuity, as low or moderate income housing for sale to I <br /> households earning no more than eighty (80%)percent of the median household <br /> income for the area, as may be determined by reference to statistics compiled by <br /> the Department of Housing and Community Development or the Federal <br /> Department of Housing and Urban Development or the successor agencies <br /> I <br /> thereto. Such units shall be located at lots 1, 4, 5 and 12, as shown on the Plans. <br /> Additionally, a fourth unit shall be restricted, in perpetuity, for sale to households <br /> earning no more than one hundred and ten (110%) of the median household ( <br /> income for the area. Such fourth unit shall be located, at the Applicant's 4 <br /> discretion on lot 6, 7, or 8. The affordable units shall be indistinguishable from <br /> the market rate units on the exterior, provided that the Applicant may add garages <br /> to the market-rate units. The deed riders, monitoring services agreement and <br /> regulatory agreement, which shall be required in order to properly restrict, <br /> maintain and manage the project shall be submitted for Town Counsel's approval. <br /> 8. The maximum number of units allowed by law, but no more than seventy (70%) <br /> percent, of the affordable units shall be reserved for present residents of Mashpee, <br /> or the children of present Mashpee residents, or the parents of present Mashpee ' <br /> residents, or employees of the Town of Mashpee or teachers employed by the j <br /> school district serving Mashpee. A lottery shall be established in a form approved <br /> by Town Counsel to effectuate this local preference. <br /> 9. At a minimum, one affordable unit shall be sold, or under agreement, before the <br /> sale of three market-rate units; and two affordable units shall be sold, or under F <br /> agreement, before the sale of six market-rate units. <br /> j' <br /> 10. The applicant shall submit, for Town Counsel's approval, all corporate, trust or <br /> association documents that are necessary in order to maintain the roads, storm <br /> water management system and any other common facilities of theproject. The <br /> Board's engineer shall approve the maintenance schedule for the storm water <br /> system. Documents governing maintenance shall contain a permanent guarantee <br /> by the owners, which shall provide for mandatory assessments for any necessary f <br /> maintenance expenses. <br /> 5 <br />