BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 8, 2020
3. MINUTES
REQUESTED BY: Jennifer Clarke DESIRED ACTION: Approval of Minutes- December 3, 2019, December 18, 2019 December 18, 2019 Exec Session PROPOSED MOTION: I move to approve the minutes of December 3, 2019 as printed/ amended.
I move to approve the minutes of December 18, 2019 as printed/ amended.
I move to approve the minutes of December 18, 2019 Executive Session as printed/ amended.
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
Orleans Board of Selectmen December 3, 2019
ORLEANS BOARD OF SELECTMEN DECEMBER 3, 2019
A meeting of the Orleans Board of Selectmen was held on Wednesday, December 3, 2019 in the Nauset Room of the Orleans Town Hall. Present were Chairman Mark Mathison, Vice Chairman Kevin Galligan, Clerk Cecil Newcomb, Selectman Mefford Runyon & Town Administrator John Kelly. Selectman Cecil Newcomb was absent.
Chairman Mathison called the meeting to order at 6:30 p.m.
6:30 p.m. Public Comment
Jessica Brown from the Animal Control & Regulation Task Force was present and stated that their committee is being mis-represented by their Selectmen’s liaison Mefford Runyon. She also feels that the resignation of the task forces previous Chair is incomplete and inaccurate. Ms. Brown would like to see a new liaison assigned to the task force.
Carl Trevison from 17 Doane Road was present to discuss agenda item 7A. He provided photos to the Board members which Doane Road Landing both in-season and off-season. Doane Road Landing is a unique area because you can walk to Nauset Spit and avoid any parking fees. Mooring permit holders are not able to park at the landing to get to their water crafts. At this point, the Police Department and Natural Resources have no way to regulate parking at this landing and Mr. Trevison supports any efforts to empower them to regulate the use of the landings.
Judy Trevison from 17 Doane Road was present. She witnessed first-hand the unbelievable work of both the Fire and Police Departments in responding to a fire at her home and how both departments worked so well together.
Gretel Norgeot from Orleans Farmers Market was present to inform the Board that they have applied for CPA funding to hopefully help purchase the Masonic Lodge in Orleans. She understands that the housing trust is looking at this location as well. Ms. Norgeot stated that they hope to create an agricultural education center at the site and feels that the budilign will be a great opportunity to bring the farmers market to the next level.
6:41 p.m. Committee Interviews and Appointments a. Animal Control & Regulation Task Force-Jamie Demas (Resignation)
Mr. Currier moved to accept the resignation of Jamie Demas from the Animal Control & Regulation Task Force, 2nd by Mr. Galligan and approved 4-0-0.
6:42 p.m. Meet with Fire Chief-Quarterly Report
Fire Chief Tony Pike was present. He reported that Firefighter Leslie Vasconcellos has filled the EMS Coordination position which will enhance our efforts in community education and will be a tremendous resource. The longtime vacant paramedic position has been filled by Ben Nickerson. A provisional firefighter position has been filled by Teddy Duchesney.
1 Orleans Board of Selectmen December 3, 2019
Chief Pike reported that the traffic signal project is well underway. The Fire Departments partnership with the Orleans Citizens Forum continues to provide quality stop the bleed training to the community. Mr. Galligan added that the Orleans Citizen Forum is a non-profit organization and thanked them for all the do for the community. Chief Pike additionally reported that he testified on a stop the bleed bill on Beacon Hill. The state regulation, if adopted would provide training and require public facilities to have kits available for use in major bleeding emergencies.
An engineering firm has been chosen to address the air quality issues at the fire station.
Chief Pike informed the Board and public that he will begin his exit strategy a couple of months early so the department can re-organize and re-hire before the busy season. Chief Pike thanked the men and women of the Orleans Fire Department for their dedication and support. He also thanked his Administrative Assistant Melissa Clatyon for all of her hard work and Deputy Chief Deering for his enthusiasm and knowledge. He said with great confidence that Deputy Chief Deering is the most talented Chief Officer that he has worked with and gave a nod for him to take the Orleans Fire Department into the future.
Mr. Runyon and Mr. Galligan agreed that Chief Pike’s leadership speaks to the talent that is in the fire house.
Mr. Mathison added that he appreciates the fact that a local person can serve their town for such a long time and dedicate their lives to the people of Orleans.
7:02 p.m. Rock Harbor Slip Appeal-Captain Stu Finlay
Mr. Mathison read the public hearing notice.
Natural Resources Manager Nate Sears was present. He reviewed the requested that was made by Captain Stu Finlay to transfer his slip and business at Rock Harbor to his grandson Richard Emerson. Consistent with the regulations, no transfers are allowed with the exception of certain hardships. It has been a precedence set in the past to allow transfers based on hardships and history of working these boats.
Mr. Mathison reported that the Board received a letter from Captain Finlay requesting an appeal.
Captain Stu Finlay was present with Richard Emerson. Captain Finlay has been a charter fisherman out of Rock Harbor for 63 years and unfortunately, due to illness, can no longer be licensed as a captain by the Coast Guard. He is requested that the Board turn over the slip and business to Mr. Emerson.
Don Viprino, Captain of Osprey out of Rock Harbor was present. He ran into a similar situation in 1999 and was able to take over the slip and run his business.
Brett Wilson, Captain of Hindsight. He also ran into a similar scenario in 2011. Captain Wilson informed the Board that Mr. Emerson has worked for him for a few years.
Mr. Galligan moved to close public comment, 2nd by Mr. Runyon and approved 4-0-0.
2 Orleans Board of Selectmen December 3, 2019
Mr. Currier moved that due to the health concerns and financial hardship of the current owner, the Board of Selectmen approve the request to transfer Rock Harbor boat slip # 12 to Richard Emerson, based on all information provided, 2nd by Mr. Runyon and approved 4-0-0.
Mr. Currier would like to see it made as easy as possible for these requests to be granted so the charter fleet does not dwindle. Mr. Kelly reviewed the appeal process and added that the Board has approved every appeal case similar to this one.
7:15 p.m. Proposed Changes to the Shellfish Regulations-Public Hearing
Mr. Mathison read the public hearing notice.
Natural Resources Manger Nate Sears was present. He stated that he looks at this more of a clarification than a change to the regulation. The intent is to limit the number of juvenile quahogs that are being removed from the resource. In essence, it was an enforceable regulation and difficult to defend if appealed at the court level. Mr. Sears stated that the way the current regulation is written would require the enforcing agency to dump out 4 bushels of quahogs at a time. The clarification would require the bushels to be separated out into 2 different categories. He visited fish markets in the area and found what the standard is for the smaller chowder quahogs, which is 3”. The gauges will be available at the fish markets. Mr. Sears added that the Town of Eastham Shellfish Constable does support these changes and they will be proposing something similar to the regulations in the near future.
No public comment was heard.
Mr. Galligan moved to close public comment, 2nd by Mr. Runyon and approved 4-0-0.
Mr. Currier moved to approved the changes to the Shellfish Regulations as printed/amended, effective immediately with the discretion of the Orleans Shellfish Constable, 2nd by Mr. Runyon and approved 4-0-0.
7:23 p.m. Meet with Police Chief and Natural Resources Manager
Natural Resources Manager Nate Sears and Police Chief Scott MacDonald were present.
a. Discussion on town landing parking and identify priorities/concerns to be addressed
Chief MacDonald reported that they really wanted to provide the Board with reasonable recommendations in addressing our parking challenges at our town landings. The identified locations for attention are Cove Road, Doane Road landing, Priscilla Road landing and River Road. Currently, the Board is testing and evaluating resident parking on at Cove Road and River Road and both Mr. Sears and Chief MacDonald feel that it is working out well. They are recommending to extend the same parking restrictions to Doane Road landing and Priscilla Road landing. The key to the success of this will be the ability for Mr. Sears, Chief MacDonald & Chief Pike, upon mutual agreement, to be able to prohibit parking in an emergency situation, if they feel that they don’t have clear access to a specific location in one of these areas. Chief MacDonald stated that they would need to request that the Board of Selectmen grant approval to erect temporary signs as needed.
3 Orleans Board of Selectmen December 3, 2019
Mr. Mathison stated that there have been temporary no parking signs on River Road and Cove Road for a couple of summers now and they have proven to be effective.
Mr. Runyon added that as these conversations have developed, one of the hopes for outcome was to make landings more accessible to town residents. He asked if the signage has done that. Both Mr. Sears and Chief MacDonald responded that it has, which is why they are recommending to expand it to Doane Road landing and Priscilla Road landing. Mr. Sears added that it is important to have a combination of both long-term seasonal restrictions and flexibility of temporary signs so they can react to any new issues. It was also said that a lot of these landings are access for shell fishermen and that we might want to consider leaving parking available for non-resident fisherman and see how it plays out.
Mr. Kelly asked if there is still a parking issue on Nauset Heights Road. Chief MacDonald responded that his department had a strong presence in the area, and that the parking problem moves all over town.
Mr. Kelly stated that the Board can promulgate parking regulations and that they need to be formalized for River Road and Cove Road, with the possibility of adding Doane and Priscilla. The Board should hold a public hearing then can build on the areas of concern as needed.
Mr. Runyon said that 2 areas that might need attention are Crystal Lake and Portanimicut Road. Chief MacDonald responded that they did review those areas and there have been recent complaints about parking. There are already no parking signs posted in the small parking lots. In many cases, the cars are parking in the travel lane, which is a problem in itself.
Mr. Galligan suggested expressing an open opportunity at the public hearing for people with private lots. There is a market that they might be able to take advantage of. Mr. Searson responded that the intent is to gain more access for our residents and some of the places at landings are not appropriate parking areas.
Mr. Currier feels that there is a value to Orleans to allow for non-residents to be able to park in our town because they visit our businesses and stay in town. We should not completely close out parking for them.
Mr. Mathison believes that the parking on Cove Road and River Road was out of control and made it difficult for some people living on those roads to access their homes. Having access to the water does not mean you can park on someone’s front lawn. We need to find a balance of keeping the road clear while allowing residents an opportunity to get to the water.
Mr. Sears stated that he will put together maps to define areas that require attention and will speak to the neighborhood of Doane Road as well.
b. Discussion on commercial use of town landings
The Board requested further discussion to see if there is any interest in identifying the commercial uses of our landings. The Town of Chatham addressed this issue with a regulation. Orleans might want to consider having a bylaw so that there is a mechanism for fines and enforcement.
4 Orleans Board of Selectmen December 3, 2019
Mr. Mathison drew a comparison of surf camps on Nauset Beach. The operation was put out to bid and they were asked to provide proof of insurance and obtain a license from the town. He added that we run commercial operations at town landings all of the time because all commercial shell fisherman and other fisherman use landings, and we don’t put restrictions on them. Mr. Kelly responded that we are looking at differentiating the use of landings for commercial shell fisherman from the tour and charter boats that advertise the town docks as their landings, the same landings that we are trying to allow for resident parking.
Mr. Galligan feels that with legal assistance, we can try to define what would be needed. We need to be very clear in terms of what would be allowed at the landings.
Mr. Currier does not want to see us get too restrictive.
Mr. Kelly stated that much of the issue revolves around parking which is something that we have not focused on in the past and is not sure that there is an easy first step.
Mr. Sears suggested putting out a license where there are no stipulations so we can see who is out there and we can have conversations with them about their business operations. Mr. Kelly added that we need to have an inventory of what is going on in town. Mr. Kelly would ask Mr. Sears and staff to do informal surveying of the businesses that use the landings. We could call this information to the attention of the businesses that we find.
Mr. Currier said that in general, we are a tourist community and wondered if we could be able to make people sign waivers. Mr. Kelly responded that we would have to figure out a regulation in order to do that.
Mr. Sears noted that the 2 issues are liability and parking.
Mr. Kelly & Mr. Sears will see what they can come up with as a starting point and come back to the Board with recommendations. They will also speak with Town Counsel about developing a regulation or bylaw that would allow the Board to take initial steps.
c. Follow up on proposed regulation banning smoking at Nauset and Skaket Beaches
Mr. Kelly reported that he had a meeting with Health Director Bob Canning and Town Counsel Mike Ford. We are comfortable if the Board of Health promulgates the regulation. At this point, it is recommended that it be limited to include Nauset Beach and Skaket Beach as a starting point. Mr. Sears feels comfortable that his staff would be in the position to post the signs and ask people that are smoking on the beach to stop. He does not feel that it will be a confrontational situation. AT the end of the day, the cigarette litter on the beach and smoke is enough reason to move forward. To avoid confrontation, smoking areas will be posted in the parking lots.
6:53 p.m. Vote to appoint two new Police Officers and a Reserve Police Officer
Police Chief Scott MacDonald was present.
He reported that the 2 student officers who attended the police academy have graduated and have started their 14-week internal field training.
5 Orleans Board of Selectmen December 3, 2019
Mr. Currier moved to appoint Alexander Dedinas as a new Patrol Officer for the Town of Orleans Police Department for November 25, 2019 through June 30, 2020, 2nd by Mr. Runyon and approved 4-0-0.
Mr. Currier moved to appoint Riley McDonough as a new Patrol Officer for the Town of Orleans Police Department for November 25, 2019 through June 30, 2020, 2nd by Mr. Runyon and approved 4-0-0.
Mr. Currier moved to appoint Kevin Higgins as a Reserve Officers for the Town of Orleans Police Department and approve rate of pay of $31.19, 2nd by Mr. Galligan and approved 4-0-0.
8:13 p.m. Vote to approve 2020 Annual Liquor and Business License Renewals
Mr. Currier moved to approve the 2020 renewal of the Auto Class I and Class II Licenses for the businesses listed, subject to compliance with the Workers' Compensation Act and all applicable federal, state and local rules, regulations, laws and bylaws. All licenses to expire on January 1, 2021, 2nd by Mr. Runyon and approved 3-1-0 (Galligan).
Mr. Runyon asked that if last year when the Board was reviewing the issue with Tedd’s Garage, if there was a discussion about if there is any business happening at the property. Mr. Kelly responded that we are not aware of any car sales. Within the spirit of the law, Mr. Kleinfelter has done what the board asked him to do and nothing more.
Mr. Galligan thanked Mr. Kleinfelter for cleaning up the property, but he does not believe it is being run as a business. He would like to see the property owner contacted. Mr. Mathison stated that unless we are willing to go down that road with everyone, we cannot single out one business. Mr. Currier is not in favor of going down that road with Tedd’s Garage. Mr. Runyon feels that the property is basically a junk yard in the middle of town and if the condition of the property doesn’t change, he won’t vote to approve next year.
Mr. Currier moved to move approve the renewal of the Common Victualler Licenses for 2020 for the businesses listed, subject to compliance with the Workers' Compensation Act and all applicable federal, state and local rules, regulations, laws and bylaws, with the exception of # 32 Orleans Bowling Center. All licenses to expire on December 31, 2020, 2nd by Mr. Runyon and approved 4-0-0.
Mr. Runyon moved to approve the renewal of the Common Victualler license for Orleans Bowling Center at 191 Route 6A, subject to compliance with the Workers' Compensation Act and all applicable federal, state and local rules, regulations, laws and bylaws. All licenses to expire on December 31, 2020, 2nd by Mr. Galligan and approved 3-0-1 (Currier).
Mr. Currier moved to approve the renewal of the Weekday Entertainment Licenses, Sunday Entertainment Licenses and Mechanical Devices Licenses for 2020 for the businesses listed, subject to compliance with the Workers’ Compensation Act and all applicable federal, state and local rules, regulations, laws and bylaws, with the exception of Sunday Entertainment License # 7 Orleans Bowling Center, Weekday Entertainment License # 8 Orleans Bowling Center &
6 Orleans Board of Selectmen December 3, 2019
Mechanical Devices for # 4 Orleans Bowling Center. All licenses to expire on December 31, 2020, 2nd by Mr. Runyon and approved 4-0-0.
Mr. Runyon moved to approve the renewal of the Weekday Entertainment License for Orleans Bowling Center, Sunday Entertainment License for Orleans Bowling Center and Mechanical Device License for Orleans Bowling Center subject to compliance with the Workers’ Compensation Act and all applicable federal, state and local rules, regulations, laws and bylaws. All licenses to expire on December 31, 2020, 2nd by Mr. Galligan and approved 3-0-1 (Currier).
Mr. Currier moved to renew the Hawkers and Peddler’s Licenses for 2020 for the businesses listed, subject to all applicable federal, state and local rules, regulations, laws and bylaws. All licenses to expire on December 31, 2020, 2nd by Mr. Runyon and approved 4-0-0.
Mr. Currier moved to renew the 2020 Lodging House and Innholder Licenses for the businesses listed, subject to compliance with all applicable federal, state and local rules, regulations, laws and bylaws. All licenses to expire on December 31, 2020, 2nd by Mr. Runyon and approved 4-0- 0.
Mr. Currier moved to renew the All Alcoholic and Wine and Malt Beverage Common Victualler Liquor Licenses, All Alcoholic Beverage Innholder, All Alcoholic Beverage Club & Wine Malt General On-Premises Liquor Licenses for 2020 with the exception of # 9 Orleans Bowling Center, subject to all permits, approvals and licenses and all applicable federal, state and local rules, regulations, laws and bylaws. All licenses to expire on December 31, 2020, 2nd by Mr. Runyon and approved 4-0-0.
Mr. Runyon moved to renew the All Alcoholic and Wine and Malt Beverage Common Victualler Liquor Licenses, All Alcoholic Beverage Innholder, All Alcoholic Beverage Club & Wine Malt General On-Premises Liquor Licenses for 2020 for Orleans Bowling Center, subject to all permits, approvals and licenses and all applicable federal, state and local rules, regulations, laws and bylaws. All licenses to expire on December 31, 2020, 2nd by Mr. Galligan and approved 3-0-1 (Currier).
Mr. Currier moved to renew the All Alcoholic and Wine and Malt Beverage Package Good Stores Liquor Licenses for 2020 for the businesses listed, subject to all permits, approvals and licenses and all applicable federal, state and local rules, regulations, laws and bylaws. Said licenses to expire on December 31, 2020, 2nd by Mr. Runyon and approved 4-0-0.
6:57 p.m. Town Administrator Report a. Annual review and approval of available scholarship funding
Mr. Runyon moved to approve the annual scholarship funding as recommended 2nd by Mr. Galligan and approved 4-0-0.
b. Vote to approve Recreation Department universal hardship/fee waiver policy
Mr. Galligan moved to approve the Recreation Department universal hardship/ fee waiver policy as drafted, 2nd by Mr. Runyon and approved 4-0-0.
7 Orleans Board of Selectmen December 3, 2019
c. Vote to sign Eversource Site Host Agreement for EV charging station at Depot Square
Mr. Kelly reviewed the site host agreement. Town Counsel has reviewed the agreement and it needs Board of Selectmen authorization before it can be signed. Once the agreement is signed, we can move forward and purchase the pedestal that will be installed.
Mr. Galligan moved to authorize the Town Administrator to sign the Eversource Electric Vehicle Charger Site Host Agreement for Depot Square as presented, 2nd by Mr. Runyon and approved 4-0-0.
Mr. Kelly added that the 2 parking spaces will be paved and the rest of the parking lot will receive paving attention at a later date.
8:25 p.m. Liaison Reports
Mr. Runyon reported that the Conservation Commission had drainage work being done on Rock Harbor Road on their agenda. The question came up if the projects are being done in the context of any coastal resilience plan. If they aren’t looking towards the sea level rise, it is work that will have to be repeated. Mr. Kelly stated that he would follow up with the DPW Director.
Mr. Galligan stated that the Traffic Study committee, Bike and Pedestrian committee and Planning Board met earlier to discuss the Complete Streets program. If anyone would like to provide their feedback, it can be done at capecodcommission.org/orleanscompletestreets.
8:28 p.m. Items for future agendas
Mr. Runyon saw in the paper that the Town of Brewster had hired another recreation department employee. Mr. Mathison suggested that in the future, the Orleans Recreation Advisory Committee come before the Board and let us know what they have seen in their months of operation. Mr. Kelly asked everyone to keep in mind that Brewster has a separate recreation board and that everything is supported by user fees.
Adjourn
Mr. Currier moved to adjourn at 8:30 p.m. 2nd by Mr. Galligan and approved 4-0-0.
Respectfully Submitted, Jennifer Clarke ______Cecil Newcomb, Clerk Documents in 12.03.19 Packet 1. December 3, 2019 Agenda 2. Animal Control & Regulation Task Force- Jamie Demas resignation 3. Fire Chief Tony Pike: Quarterly Report 4. Public Hearing Legal Notice-Rock Harbor Boat Slip appeal-Stu Finlay 5. Letter from Stu Finlay to Nate Sears dated July 29, 2019 6. Letter from Nate Sears to Stu Finlay dated August 17, 2019
8 Orleans Board of Selectmen December 3, 2019
7. Letter from Stu Finlay to Nate Sears dated October 10, 2019 8. Rock Harbor Marina Policies and Regulations- Revised July 28, 2010 9. Public Hearing Notice- Shellfish Regulations- General Bylaws amendments 10. Proposed Changes to Orleans Shellfish Regulations- Orleans Town Code 176 11. Memo from Police Chief Scott MacDonald re: Appointment of 2 patrol officers dated November 25, 2019 12. Letter from Police Chief Scott MacDonald re: Appointment of 1 reserve officer dated November 11,2019 13. Reserve Police Officer Job Description- Draft 14. Annual 2020 Annual Liquor & Business License Renewals Action forms dated December 3, 2019 from Mihaela Miteva 15. Town Administrator Report 16. Memo from Liana Surdut Dated November 20, 2019 re: Scholarships 17. Draft of Orleans Recreation Dept Fee Waiver Program 18. Pictures of Eversource EV Charging stations proposed site 19. EV Charger Site Host Agreement 20. Liaison Report 21. Items for Future agendas 22. Any other documents received at the November 20, 2019 Meeting
9 Orleans Board of Selectmen December 18, 2019
ORLEANS BOARD OF SELECTMEN DECEMBER 18, 2019 DRAFT
A meeting of the Orleans Board of Selectmen was held on Wednesday, December 18, 2019 in the Nauset Room of the Orleans Town Hall. Present were Chairman Mark Mathison, Vice Chairman Kevin Galligan, Clerk Cecil Newcomb, Selectman Mefford Runyon, Selectman David Currier & Town Administrator John Kelly.
Chairman Mathison called the meeting of the Board of Selectmen to order at 5:30 p.m.
Chairman Mathison read the list of agenda items to be discussed in executive session
1. Meet in Executive Session to consider the purchase, exchange, lease or value of real property located on Peck’s Way and conduct collective bargaining session with the Police Union
On a motion by Mr. Runyon and seconded by Mr. Galligan, the Board voted to enter into executive session to consider the purchase, exchange, lease or value of real property located on Peck’s Way and conduct collective bargaining session with the Police Union, and that the Chair declare that an open meeting may have a detrimental effect on the litigating or negotiating position of the body, and to reconvene in open session. The vote was 5-0-0, with Mr. Galligan, Mr. Mathison, Mr. Runyon, Mr. Currier & Mr. Newcomb all voting aye by roll call. The Chair declared that an open meeting may have a detrimental effect on the negotiating position of the body.
Mr. Mathison stated that with respect to the executive session, the Board will be voting to act under agenda item # 5.
6:52 p.m. Public Comment
Judith Jalbert was present to address the entertainment license request for agenda item # 7, Bellas. She cited some modifications that have been approved for the property since 1992 and feels that they have run their limit on requests. Ms. Jalbert added that the entertainment portion of the license request will have a detrimental effect on the surrounding properties and respectively requested that the Selectmen deny the entertainment license request.
Monica Jalbert was present to address the entertainment license request for agenda item # 7, Bellas. While she is excited and supportive of the new business, she is skeptical of live entertainment at this venue as her front step is 60’ from the fence that divides the properties. She asked that the Selectmen take into consideration the effects that granting an entertainment license will have on the abutting properties.
Approval of Minutes a. November 20, 2019
Mr. Currier moved to approve the minutes of the November 20, 2019 Board of Selectmen meeting, 2nd by Mr. Newcomb and approved 5-0-0.
1 Orleans Board of Selectmen December 18, 2019
7:13 p.m. Vote to sign Memorandum of Agreement (2) with Orleans Police Federation for the FY19 Collective Bargaining Agreement and the FY20-FY22 Collective Bargaining Agreement
Mr. Runyon moved to sign the Memorandum of Agreement with the Orleans Police Federation for the FY19 Collective Bargaining Agreement and FY20-FY22 Collective Bargaining Agreement, 2nd by Mr. Newcomb and approved 5-0-0.
7:14 p.m. Vote to Approve Temporary Closing Requests a. Vers Restaurant from January 5, 2020 through April 1, 2020
Mr. Runyon moved to approve the request from Jonathan and Karen Haffmans, owners/managers of the VERS Restaurant, located at 15 Cove Road to close for business from January 5, 2020 through April 1, 2020 for maintenance purposes in accordance with the Town of Orleans Rules and Regulations of the Liquor Licensing Authority under M.G.L. Chapter 138, 2nd by Mr. Newcomb and approved 5-0-0.
b. Nauset Grill from December 28, 2019 through March 15, 2020
Mr. Runyon moved to approve the request from Matthew and Rebecca Barron, owners/managers of the Nauset Grill, located at 56 Main Street to close for business from December 28, 2019 through March 15, 2020 for maintenance purposes in accordance with the Town of Orleans Rules and Regulations of the Liquor Licensing Authority under M.G.L. Chapter 138, 2nd by Mr. Galligan and approved 5-0-0.
Mr. Currier requested further education on why these requests have to come before the Board. Mr. Kelly responded that he will provide information showing the regulation. Mr. Currier would like to see the public educated on the process of these requests.
Mr. Currier moved to take agenda item # 7 out of order, 2nd by Mr. Runyon and approved 5-0- 0.
7:00 p.m. Public Hearing-Bellas CC LLC d/b/a Bella’s, 2 Academy Place, Charles B. Konner, Manager- New Annual All Alcohol Common Victualler and Weekday Entertainment License
Mr. Mathison read the public hearing notice.
Attorney Christopher Fiset was present with Charles Konner & Michael DiSabato. It was clarified that Mr. DiSabato will be the manager of the business. Attorney Fiset spoke with his clients who agreed to voluntarily withdraw their application for an entertainment license for at least one year. They are looking to move into the location and establish themselves as a respectful business to the neighbors. It was confirmed that the hours of operation will be 4:30 p.m. until 12:00 midnight.
Attorney Fiset informed the Board that Mr. DiSabato worked at the previous establishment that was at this location. Mr. DiSabato stated that he has worked in the restaurant business for 25 years, with the last 10 years being in Orleans. He will be the on-duty manager and co-owner of the restaurant. The new restaurant will be run very similar to the previous.
2 Orleans Board of Selectmen December 18, 2019
Mr. Galligan moved to approve the application for a new Annual All Alcoholic Beverages Common Victualler Liquor license for BELLAS CC LLC dba Bella’s and Michael DiSabato, manager, located at 2 Academy Place, Orleans, subject to the conditions set by the Building Inspector, the Health Agent, and all local and state rules, regulations, permits, approvals, laws and bylaws and in accordance with the Town of Orleans Rules & Regulations of the Liquor Licensing Authority revised on June 10, 2015 and Massachusetts General Law Chapter 138. Hours of operations shall be from 4:30 p.m. to 12:00 midnight 7 days a week. Said license to be issued after approval from the Alcoholic Beverage Control Commission is received and expiring on December 31, 2020 and noted that the annual weekday entertainment license was voluntarily withdrawn, 2nd by Mr. Runyon and approved 5-0-0.
Mr. Runyon moved to close the public hearing, 2nd by Mr. Galligan and approved 5-0-0.
7:20 p.m. Discussion on Community Building (Old Fire House) status and possible renovations
Mr. Kelly reviewed the history of the site. By making the designation that it is an old historic structure, it qualified for CPC funding for historic preservation. If the town wanted to move forward and do a general rehab of the building, it would require a vote of town meeting. Because the building has a historic preservation restriction, any work done to the outside of the building would require a vote of the local historic commission. Mr. Kelly also suggested that if the town wants to move forward, that a building committee be put in place and also asked everyone to keep in mind that any renovations are not in the current capital plan.
Orleans Cultural District Committee Chairperson JoAnna Keeley was present. She stated that 13- 15 different groups use the fire house gallery and small meeting rooms with an average of 60-80 people going through the building every week. There is a calendar that is used to maintain the schedule and she loves that people are involved with the building. Realtor groups, service dog training and recreation department activities are just a few of the groups that use the space. Ms. Keeley also noted that there is an after-school program that is held at the building. They are at the point now where they would be looking for a part-time coordinator as the use of the building has increased and they are sustainable.
Mr. Galligan believes that many people don’t know that this building exists. If we are going to be looking to put a request before the voters, we need a current planning effort to show what we are looking for and how we can get there.
It was noted that the 2nd floor of the building is not usable because the staircase was removed. Mr. Currier would not want to see that space go un-used.
Mr. Kelly stated that there are a lot of moving parts to the building and as we move forward, we need to look at how we can maximize use of the building. He suggested a possible feasibility study to look at having a community use building rather than a historic place. Mr. Kelly also asked the Board to think about the creation of a task force for this project.
The Board discussed the condition of the public restrooms that are part of the building. Mr. Mathison asked if we might need more public restrooms in the area, given the streetscapes project that has been happening in the area, which will attract more walking traffic downtown.
3 Orleans Board of Selectmen December 18, 2019
He also asked about the need for a possible water filling station at this location with all of the increased walking traffic.
Brian Sosner was present and stated that he is pleased with how the building is used and is also amazed that people are not aware of the building. He feels that there is a lot that can happen at this building that would be wonderful for Orleans.
Mr. Runyon asked if the other Board members would have any issues with informing the CPC that they can stop reserving the previously approved funds for this building. Mr. Mathison feels that it would make sense to review the project and see if there is anything that can be applied for through the existing funds. Ms. Keeley responded that they do not want to lose the ability to use the CPC granted funds. Mr. Kelly stated that he will locate the original CPC application to see if there is a need to keep any of them open, and will report back to the Board.
7:50 p.m. Meet with Tom Daley, Director of Public Works
a. Vote to authorize Chapter 90 Funding for final engineering design & construction administration assistance for the Rt. 28/39/Quanset Road Roundabout Project
DPW Director Tom Daley was present and reviewed the history of the project discussions to date. He is asking that the Board approve the use of $250,000 out of Chapter 90 funds for final engineering design & construction administration assistance.
Mr. Currier moved to authorize Chapter 90 funding not to exceed $250,000 for final engineering design & support services for Route 28/39/Quanset Road intersection improvements/roundabout project, 2nd by Mr. Galligan and approved 5-0-0.
Mr. Galligan stated that he attended the DOT public hearing where there was recognition that the intersection needs work. Mr. Galligan reiterated his concerns regarding the proposed lighting for the project. He hopes that the state will take into consideration the citizen and Board of Selectmen comments and concerns. Mr. Daley responded that he will relay all of the comments to the project engineers. Mr. Currier
Mr. Currier agreed that this is a horrible intersection and that something needs to be done. He would not want to see us walk away from the good amount of money for free infrastructure.
Mr. Runyon stated that he has had a lot of experience navigating this intersection and asked how the proposal compares to the roundabout at 6A in Orleans and the one at Queen Anne Road in Harwich. Mr. Daley responded that the proposed roundabout would be similar to the one in Harwich.
Mr. Mathison asked if there would be any projects that might not get done if we allocate Chapter 90 funds for this project. Mr. Daley responded that the use of the funds will not affect our overall pavement management program.
Mr. Galligan informed the public that DOT will be taking comments for 10 business days after the public hearing.
4 Orleans Board of Selectmen December 18, 2019
b. Discussion on New Bedford Waste Services Notification of Price Increase
Mr. Daley reviewed with the Board a memo that was received from. New Bedford Waste Services notifying the town of a price increase effective January 1, 2020. The contract was reviewed by Mr. Daley, Mr. Kelly and Town Counsel. At this point, Mr. Kelly would recommend that we continue to contract with New Bedford Waste Services and continue to monitor the pricing as he does not see another alternative for Orleans right now.
We need to be more frugal about what we are putting in our trash and Mr. Kelly added that he will have more information as we move forward. Mr. Daley stated that there are new recycling bins for books and textiles at the transfer station and he is going to start working on the food waste aspect. He believes that there is potential to drop tonnage by looking at food waste disposal.
Mr. Runyon moved to accept the proposed rate increase to $93.75 effective January 1, 2020 and revisit at a later date if necessary, 2nd by Mr. Newcomb and approved 5-0-0.
Mr. Runyon asked if Mr. Daley is taking into consideration sea level rise when we are deciding when/how we address our paving projects. Mr. Daley responded that the pavement management report only looks at pavement conditions and that we also incorporate what the Water Department is doing with their asset management program. We have most recently received a report on storm water needs and the information in the report will be considered.
8:29 p.m. Town Administrator Report a. Adoption of Municipal Vulnerability Plan Final Report
Mr. Galligan moved to approve the adoption of the Municipal Vulnerability Plan Final Report, 2nd by Mr. Runyon and approved 5-0-0.
b. Vote to create Sea Call Farm Gift account and accept donation
Mr. Runyon moved to approve the creation of the Sea Call Farm Gift Account and accept a donation, 2nd by Mr. Newcomb and approved 5-0-0.
c. Initiation of Zoning Adoption Process
Mr. Newcomb moved to acknowledge receipt of the Initiation of Zoning Adoption Process and to forward the zoning amendment proposals to the Planning Board for review and a public hearing within 14 days, 2nd by Mr. Runyon and approved 4-1-0 (Currier).
Mr. Currier is aware that this will be coming back to the Board, however he is asking for a more in-depth discussion about these topics. Mr. Currier made it clear that he does not agree with the process and relayed the inconsistences that he sees in these amendment proposals going forward.
Mr. Mathison stated that the Zoning Bylaw Task Force was not able to meet because they could not draw a quorum. He imagines that most people do not know that this task force exists and that it is an opportunity for people to get involved.
5 Orleans Board of Selectmen December 18, 2019
d. Consider a half day (4 hours) early closing of non-public safety facilities on Christmas Eve
Mr. Galligan moved to approve a half day (4 hours) early closing of non-public safety facilities on Christmas Eve 2019, 2nd by Mr. Currier and approved 5-0-0.
Mr. Kelly informed the Board that no application has been submitted with regard to the Finlay Road issue. He would like to place it on the January 8, 2020 Selectmen’s agenda and the Board can then decide how they would like to proceed.
Mr. Runyon asked a general process question about the way that the agendas are created. He asked if there could be a section on the agenda for issues that remain unresolved so the Board does not lose sight of them. Mr. Currier agreed. Mr. Runyon also asked about how e-mail is transmitted to the Board members. Mr. Kelly responded that if a Board member is directly sent an email, he does not have access to them. If an e-mail is received by the Administration office for the Board, he distributes copies to all of the Board members mail folders. If there is something that require a Board vote, it is put on the agenda under correspondence.
8:45 p.m. Liaison Reports
Mr. Runyon reported that the Affordable Housing Committee and Affordable Housing Trust Fund Board met and had discussions about average median income limits for affordable housing and if the numbers are adequate.
Mr. Galligan attended the December 10, 2019 Snow Library Trustee meeting. The members reported that they have over 2,000 sign ups of people who participate and learn at the library. Mr. Galligan continues to be amazed at the activity that happens at the library. He also paid compliments to the Finance Committee for having town departments/staff meet with them.
Mr. Galligan encouraged residents to sign up for the Ion Water Application for the newly implemented water meter program.
Mr. Currier reported that he is now the liaison for the Animal Control Task Force. The task force expressed that they don’t feel they are being listened to be about having their meetings televised. Mr. Kelly responded that he will have it added to the recording schedule.
8:53 p.m. Items for future agendas
Mr. Currier stated that he met with members of the DPW, Conservation and Natural Resources Departments regarding the property at 141 Portanimicut Road. It looks as if there will be a public hearing held and staff is open to hearing any ideas. Mr. Currier would like to see part of the property turned back to Board of Selectmen control to be used for parking. Mr. Kelly responded that he will put this topic on a future agenda for discussion.
Mr. Currier would like to see the permitting process in town move towards more digital than paper. He would like to see the amount of paper cut down.
6 Orleans Board of Selectmen December 18, 2019
Adjourn
Mr. Runyon moved to adjourn at 8:58 p.m., 2nd by Mr. Galligan and approved 5-0-0.
Respectfully Submitted, Jennifer Clarke ______Cecil Newcomb, Clerk Documents in 12.18.19 Packet 1. December 18, 2019 Agenda 2. EXECUTIVE SESSION: Memorandum of Agreement 7/1/2018-6/30/2019 Collective Bargaining Agreement between Town of Orleans and Orleans Police Officers Federation 3. EXECUTIVE SESSION: Memorandum of Agreement 7/1/2019-6/30/2022 Collective Bargaining Agreement between Town of Orleans and Orleans Police Officers Federation 4. EXECUTIVE SESSION: Exhibit A Police Federation FY20 Salary Steps 5. EXECUTIVE SESSION: Exhibit B Police Federation FY21 Salary Steps 6. EXECUTIVE SESSION: Exhibit B Police Federation FY22 Salary Steps 7. EXECUTIVE SESSION: Open Space Committee Presentation- Possible Purchase of 12 Peck’s Way 8. EXECUTIVE SESSION: Open Space Committee – FY21 CPC Application – 12 Peck’s Way 9. EXECUTIVE SESSION: Open Space Committee – Letter from The Cape Cod Conservation Trust to the CPC regarding grant application help to purchase 12 Peck’s Way 10. EXECUTIVE SESSION: Open Space Committee – Massachusetts Conservation Land Tax (CLCT) Credit document 11. EXECUTIVE SESSION: Open Space Committee 12/6/2019 Email from Cathy Doane to Robert Cunningham, OSC Chair: Potential 12 Peck’s Way Acquisition 12. Minutes- November 20, 2019 13. Temporary Closing Request documents- Vers Restaurant & Nauset Grill 14. Temporary closings calendar for annual pouring liquor licenses 2020 15. Public Hearing: Bellas CC LLC dba Bella’s - New Annual All Alcohol Common Victualler and Weekday Entertainment License documents 16. Community Building (Old Fire House) Schematic Design & Construction Cost Summary: PMC, LLC September 29, 2017 17. Memo from Tom Daley to John Kelly- December 12, 2019: Rt. 28/39/Quanset Road project 18. MassDOT December 11, 2019 Design Public Hearing Flyer 19. Memo from Tom Daley to John Kelly- December 13, 2019: New Bedford Waste Services (NBWS) Contract w/rate increase 20. Letter from NBWS-November 21, 2019: Solid Waste Price Increase 21. Letter from John Kelly to Michael Camara, NBWS President-December 10, 2019: Solid Waste Price Increase 22. Town Administrator’s Report: Adoption of Municipal Vulnerability Plan: Certificate of Adoption 23. Town of Orleans Community Resilience Building Workshop Summary Findings Report: June 2019
7 Orleans Board of Selectmen December 18, 2019
24. Memo from John Jannell to John Kelly-December 1, 2019: Gift from Sea Call Farm 25. Letter- December 1, 2019 from James Snow, President, Sea Call Farm Supporters to Orleans Conservation Commission: Monetary donation 26. Email from Greta Avery to John Jannell-December 2, 2019: M.G.L Chapter 44, Section 53A Gifts & Donations 27. Letter from Orleans Planning Board to Board of Selectmen December 11, 2019: Initiation of Zoning Adoption Process: amendments attached 28. Liaison Reports 29. Items for Future agendas 30. Any other documents received at the December 18, 2019 Orleans Board of Selectmen’s Meeting
8
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 8, 2020
5. Meet with Police Chief Scott MacDonald Quarterly Report
REQUESTED BY: Police Chief, Scott MacDonald DESIRED ACTION: a. Review proposed FY 20 Quarterly Reports
b. Amend appointment term for two new police officers
PROPOSED MOTION: b. I move to amend the appointment term for Police Officer Alexander Dedinas and Police Officer Riley McDonough as effective November 25, 2019 through June 30, 2022.
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
ORLEANS POLICE DEPARTMENT SCOTT W. MACDONALD 99 ELDREDGE PARK WAY CHIEF OF POLICE ORLEANS MASSACHUSETTS 02653-3307 TEL. 508-255-0117 FAX. 508-240-1374 MEMORANDUM
December 27, 2019
TO: ORLEANS BOARD OF SELECTMEN
SUBJECT: FY 2020 GOALS
I have prepared three professional goals for fiscal year 2020. In developing these goals, I applied the S.M.A.R.T. method, which is the acronym for Specific, Measurable, Attainable, Relevant, and Time-bound.
Goal #1: DEVELOP NEW DEPARTMENT JOB DESCRIPTIONS
• Specific: Old and outdated job descriptions for sworn positions will be replaced with new updated job descriptions that accurately reflect each sworn position within the organization. • Measurable: Each position identified in the department’s organizational structure will have a separate job description to be contained within the department’s Rules & Regulations. • Attainable: Administrative Staff will be responsible for completing this task. • Relevant: Job descriptions are helpful tools for both practical and legal reasons that clearly identify required performance tasks and required skills for each position. Additionally, job descriptions assist with the interactive process as it pertains to essential job tasks and the creation of reasonable accommodations. • Time-bound: This goal will be completed by the conclusion of FY2020.
Goal #2: IMPROVE DEPARTMENT IN-HOUSE TRAINING DELIVERY METHODS
• Specific: Utilizing the department’s newly acquired (new police facility) audio & video technology, staff will explore new methods of delivering training to personnel in a more efficient manner. • Measurable: Staff will reduce the number of face to face training sessions by recording various trainings and delivering them via the department’s internal communications software. • Attainable: The technology required to achieve this goal has already been acquired by the department. • Relevant: Providing department members with adequate training is one of this organization’s highest priorities. By embracing evolving technologies, we can streamline the delivery process and provide necessary training at a reduced cost while building a database of training topics that can be accessed by employees at any given time. • Time-bound: This goal will be completed by the conclusion of FY2020.
Goal #3: ESTABLISH RADIO COMMUNICATIONS WITH THE DEPARTMENT OF PUBLIC WORKS
• Specific: Working closely with department of public works personnel, the police department will establish radio communications protocols to support newly added radio frequencies. • Measurable: Department policy revisions will be enacted and department training will take place to address the new communication capabilities between the two departments. • Attainable: All required radio communications equipment and radio frequencies are currently possessed by both departments. • Relevant: Timely communications between the department of public works and the police department will improve efficiency while also enhancing the police department’s ability to quickly respond to potential emergencies observed by the department of public works personnel. • Time-bound: This goal will be completed by the conclusion of FY2020.
Respectfully Submitted,
Scott W. MacDonald Chief of Police
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 8, 2020
6. Meet with George Meservey, Approval of Complete Streets Policy
REQUESTED BY: George Meservey, Planning Director DESIRED ACTION: Meet to approve Complete Streets Policy PROPOSED MOTION: I move to approve the Complete Streets Policy.
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 8, 2020
7. Meet with Habitat for Humanity – Vote to support Local Action Unit Application for 15 Quanset Road
REQUESTED BY: Habitat for Humanity DESIRED ACTION: Vote to support Local Action Unit Application for 15 Quanset Road PROPOSED MOTION: I move to support the Local Action Unit Application for 15 Quanset Road.
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
Photo: Orleans, Bevan Way June 2015
Habitat for Humanity of Cape Cod, Inc. QUANSET ROAD COMMUNITY HOUSING TOWN OF ORLEANS
DHCD LIP Local Action Unit Application January 15, 2020 Habitat for Humanity of Cape Cod 411 Main Street Ste 6 • Yarmouthport, Massachusetts 02675 www.habitatcapecod.org • 508-362-3559 p • 508-362-3569 f
Ms. Rieko Hayashi Program Coordinator, Local Initiative Program Department of Housing and Community Development 100 Cambridge Street, Suite 300 Boston, MA 02114
January 15, 2020
RE: Habitat for Humanity, LIP Local Action Unit Quanset Road Community Housing (at 15 Quanset Road, Orleans)
Dear Rieko:
Attached please find the Local Initiative Program, Local Action Unit application for Quanset Road Community Housing in Orleans:
• LAU Application with attachments • Redlined Regulatory Agreement, approved by Habitat and the Town of Orleans • Habitat for Humanity of Cape Cod, Inc. Certificate of Legal Existence & Good Standing • MEPA ENF Certification Form • AFHMP
We are very excited to push forward with this project. Orleans is a town with increasing housing need, and we are eager to continue our constructive relationship with the municipality and its housing partnerships to build there. As soon as we have DHCD approval on the draft Regulatory Agreement we will proceed to get signatures on the three originals.
As always, I do thank you for your help on these projects. Please do consider a tour of some of our recent LIP homes when you are next in the area.
Sincerely, Elizabeth (Beth) Wade Elizabeth Wade, Land Acquisition & Permitting Manager APPLICATION Community Support Narrative, Project Description and Documentation
Please provide a description of the project, including a summary of the project’s history and the ways in which the community fulfilled the local action requirement.
The Town of Orleans, through its Affordable Housing Committee and Affordable Housing Trust Fund Board, has worked cooperatively with Habitat for Humanity to find an opportunity to partner on a new homeownership project. Following meetings with Orleans’ Town Planner and members of the Affordable Housing Committee, Habitat commenced a search for a suitable site for a one-home build. The .53 acre parcel at 15 Quanset Road was one of several sites identified through an MLS search. While the other parcels were deemed unsuitable for construction, due to lack of “all weather” road surface and/or informal homeowner associations, 15 Quanset Road met Habitat’s criteria. On May 1, 2019, both the Orlean’s Affordable Housing Committee and the Affordable Housing Trust Fund voted to recommend to the Board of Selectmen the approval of the acquisition of the property for a joint project with Habitat for Humanity of Cape Cod, Inc. Subsequently, Orleans’ Board of Selectmen approved the purchase and acquisition. The Affordable Housing Trust Fund provided $200,000 to Habitat for Humanity for the acquisition of the site. The land is subject to a grant agreement and mortgage with the Town of Orleans.
Habitat plans to build a 2-bedroom, 1-bathroom affordable homeownership unit on the .53 acre site. This Habitat home will be priced affordably into perpetuity at or below 80% (at Habitat’s discretion, the first sale may be at 60 or 65% of area median income). The home’s sale price will be at or around $141,250 (if the home is sold to the lowest income group). There may be a slight upward adjustment to the home’s sale price, in keeping with DHCD/HUD guidelines, if a family at the higher AMI is targeted, or reflective of new pricing which is set each year. In any case, the Habitat home will be secured by a DHCD Regulatory Agreement and Deed Rider and Affordable in perpetuity.
This Habitat for Humanity home will be built with our tried-and-true “sweat-equity” model. Our selected purchaser-family will partner with Habitat and invest 250 to 500 hours building their home alongside community volunteers. This promotes homeowners who are well educated on building and maintenance and fosters a true sense of community. Habitat works closely with our buyers, not just through a rigorous application process, but throughout the construction period, providing significant homebuyer education including preparation for closing, budget counseling, and workshops in caring for their home and landscaping. Sweat equity and pre-purchase workshops have proven to be key elements in fostering successful homeownership. Habitat also partners with our communities, seeking donations of materials, professional services, and labor. We strive to make our homes welcome in a neighborhood and to be good neighbors. Habitat works to create a collaborative spirit where a whole community can be actively involved in helping to address the affordable housing crisis.
Updated January 2016 -1- In addition to general community support, which has been significant—as previously noted—Habitat sought and received funding through the Affordable Housing Trust Fund for the purchase of the land. Habitat has also submitted a CPC application (11/27/2019) for CPA funds to support the construction. We anticipate a successful application .
Signatures of Support for the Local Action Units Application Chief Executive Officer: Signature:______defined as the mayor in a city and the board of selectmen in a town, unless some other Print Name: Mark W. Mathison, Chair BOS municipal officer is designated to be the chief executive officer under the provisions of a local charter Date:______
Chair, Local Housing Partnership: Signature:______(as applicable) Print Name: Katherine Wibby, Chair AFHC
Date:______
Updated January 2016 -2- Municipal Contact Information
Chief Executive Officer Name Mark W. Mathison, Chair, Board of Selectman Address 19 School Road, Orleans, MA 02653 Phone 508-240-3700 x 2415 Email [email protected]
Town Administrator/Manager Name John Kelly Address 19 School Road, Orleans, MA 02653 Phone 508-240-3700 x 2415 Email [email protected]
City/Town Planner (if any) Name George Meservey Address 19 School Road, Orleans, MA 02653 Phone 508-240-3700 x2335 Email [email protected]
City/Town Counsel Name Michael Ford Address 72 Main Street (PO Box 485) West Harwich, MA 02671 Phone 508-430-1900 Email [email protected]
Chairman, Local Housing Partnership (if any) Name Katherine Wibby, Chair, Orleans Affordable Housing Committee Address 19 School Road, Orleans, MA 02653 Phone 508-240-3700 x2415 Email [email protected]
Community Contact Person for this project Name Liana Surdut, Assistant Town Administrator Address 19 School Road, Orleans, MA 02653 Phone 508-240-3700 x 2312 Email [email protected]
Updated January 2016 -3- The Project
Developer Name Habitat for Humanity of Cape Cod, Inc. Address 411 Main Street, Route 6A, Suite 6, Yarmouthport, MA 02675 Phone Main Office: 508-362-3559; Vicki Goldsmith, Executive Director X15 Email [email protected]
Is your municipality utilizing any HOME or CDBG funding for this project? Yes No
Local tax rate per thousand $7.40 for Fiscal Year 2019
Site Characteristics Off Rte 28 in South Orleans. Level lot. By-right build for 2-bedroom home. Neighboring use is primarily residential; commercial cottage colony/motel is also nearby. Easy access to a general store, gas station, post office and town landings on Pleasant Bay. Public transportation is available at Rte 28 (.02 mile). Municipal water is available and private septic to be installed.
# of Units Proposed Project Style Total # of Units for LAU Certification Detached single-family house ____1______1____ Rowhouse/townhouse ______Duplex ______Multifamily house (3+ family) ______Multifamily rental building ______Other (specify) ______
Unit Composition
Type of Unit: # of Units # of # of Gross Livable Proposed Proposed BRs Baths Square Square Sales Condo Fee Condo Ownership Feet Feet Prices/ Fee Simple Ownership Rents Rental
Affordable:
1 2 1 900 900 $141,250 n/a
Market:
Updated January 2016 -4- Please attach the following documents to your application:
1. Documentation of municipal action (e.g., copy of special permit, CPA funds, land donation, etc.)
2. Long-Term Use Restrictions (request documents before submission):
For ownership projects, this is the Regulatory Agreement for Ownership Developments, redlined to reflect any proposed changes and/or the model deed rider.
For rental projects, this is the Regulatory Agreement for Rental Developments, redlined to reflect any proposed changes.
For HOME-funded projects, this is the HOME covenant/deed restriction. When attaching a HOME deed restriction to a unit, the universal deed rider cannot be used.
3. Documents of Project Sponsor’s (developer’s) legal existence and authority to sign the Regulatory Agreement:
• appropriate certificates of Organization/Registration and Good Standing from the Secretary of State’s Office
• mortgagee consents to the Regulatory Agreement
• trustee certificates or authorization for signer(s) to execute all documents
4. For Condominium Projects Only: The Condominium aster deed with schedule of undivided interest in the common areas in percentages set forth in the condominium master deed
5. For Rental Projects Only: A copy of the Local Housing Authority’s current Utility Allowances
6. Massachusetts Environmental Policy Act (MEPA) environmental notification form (ENF) – for new construction only (request form before submission)
7. Affirmative Fair Marketing and Lottery Plan, including:
• ads and flyers with HUD Equal Housing Opportunity logo • informational materials for lottery applicants • eligibility requirements • lottery application and financial forms • lottery and resident selection procedures • request for local preference and demonstration of need for the preference
Updated January 2016 -5- • measures to ensure affirmative fair marketing, including outreach methods and venue list • name of Lottery Agent with contact information
See Section III of the Comprehensive Permit Guidelines at www.mass.gov/dhcd and search for LIP 40B Guidelines for more information.
PLEASE CONTACT RIEKO HAYASHI OF OUR OFFICE AT 617-573-1426 IF YOU HAVE ANY QUESTIONS.
Updated January 2016 -6- ATTACHMENT 1-Municipal Actions Affordable Housing Trust Fund Board May 1, 2019
ORLr, i'S TOM CLERK.
AFFORDABLE HOUSING TRUST FUND BOARD ORLEANS 19 JUN 16 i i' 16AN MAY 1, 2019 Approved June 5, 2019
A meeting of the Affordable Housing Trust Fund Board was held on May 1, 2019 in the Nauset Meeting Room of the Orleans Town Hall. Present were Chair Alan McClennen, members Alexis Mathison, Henry Brehm, Ward Ghory, Greg DeLory and Matthew Cole. Duane Landreth was absent.
All documents discussed at this meeting are filed with the permanent records of the Affordable Housing Trust Fund Board.
Mr. McClennen called the meeting to order at 4: 15 p.m.
There was no public comment.
Minutes to be approved: April 3, 2019 On a motion, by Mr. Ghory seconded by Mr. Brehm, the Board voted to approve the minutes of the April 3 meeting. The vote was 6-0- 0.
Mr. McClennen referred to agenda item d., Mailing list of seasonal homes valued under 500,000, and said that he had authorized Community Development Director George Meservey to obtain additional programming in order to match the list of properties with beach permit sales records.
Review of April 24 Cape Housing Roundtable discussion Mr. Ghory commended the joint effort by the Community Development Partnership and the Housing Assistance Corporation to bring together Affordable Housing officials from various Cape and Islands towns, to facilitate the exchange of solutions to different housing challenges. Mr. Brehm noted the impact of community outreach on the eventual approval of projects, and Mr. Cole reported that he had requested a copy of the RFP for the Yarmouth Commons project, which had resulted in a contract with a very satisfactory developer, after having been issued several times. Board members also discussed the leveraging of town investments and the positive effect of municipal housing trust funds.
Joint meeting with the Affordable Housing Committee Chair Katie Wibby called the Affordable Housing Committee to order at 4:30 p. m. Present were Ms. Wibby, members Fran McClennen, Nancy Renn, Bill Stoeckert, Shelley Dawson, and Board of Selectmen Liasion Mefford Runyon. a. Presentation by Brown, Lindquist, Fennucio and Raber, Cape Cod Five Operations Center Study
1 Affordable Housing Trust Fund Board May 1, 2019
He Rick Fennucio distributed packets illustrating development options to date. recapped the March 20 presentation to the Affordable Housing Committee, and outlined six development scenarios with various configurations of buildings, housing units, amenities, and parking. He noted that their allocations of one-, two- and three- bedroom units, and consideration of studio and micro units, differed from the recommendations for rental units in the Town' s housing study.
The Board and Committee members reviewed the process of providing feedback, with the eventual goal of developing an RFP. Ms. Wibby suggested that the Committee meet in a few weeks to review the scenarios, bringing Community Development Director George Meservey into the discussion, and providing the architects with comments by the beginning of June. b. Meet with Beth Wade, Habitat for Humanity, re: 15 Quanset Road
Ms. Wade referred to the information packet provided to the Trust Fund Board members and observed that the property at 15 Quanset Road had been brought to her attention by a Habitat supporter, after the previously- discussed property at 16 Old Timer' s Lane had been found to be ineligible. A market analysis was completed and a price of $200,000 negotiated. She noted that although a firm timeline could not be established, Habitat could probably work on the home between other, more complex
projects.
The Board members discussed ownership of the property by Habitat and final costs of the project. Ms. McClennen suggested that outreach to the neighbors would be beneficial, although development as proposed would be by right. Ms. Wade confirmed that a single-family home would not qualify for a local preference under DHCD guidelines, and that the affordability deed rider would remain in perpetuity.
Mr. McClennen noted that the Board of Selectmen would be voting on the Trust Fund Board' s recommendation later this evening.
Trust Fund Board vote On a motion by Ms. Mathison seconded by Mr. Brehm, the Board voted to recommend that the Board of Selectmen approve the proposed acquisition of 15 Quanset Road for a joint project with Habitat for Humanity. The vote was 6-0-0.
Mr. Ghory requested that the Board receive a monthly summary of Trust assets. Mr. McClennen reported that currently there was a balance of$ 677,830.92 and that as a result of Town Meeting votes, the total would be around $ 1.3 million as of July 1. He stated that, with the Board' s approval of the meeting minutes in which the vote to pursue a line of credit was recorded, the Finance Director could solicit bids from banks. He also noted that the Community Preservation Act allowed borrowing for affordable housing. A review of Trust assets will be included in each month' s meeting agenda.
2 Affordable Housing Trust Fund Board May 1, 2019
c. Discussion of goals and priorities
Mr. McClennen asked that this discussion be postponed to a future meeting, as the Board of Selectmen were going to need the Nauset Room at 6:00 p. m. Ms. Wibby suggested that the Town housing study be used to frame goals and strategies, and Mr. McClennen referred to draft goals compiled by Mr. Ghory which had been distributed to the Board.
Mr. McClennen noted that Vice- Chairman Landreth would be convening the next meeting of the Trust Fund Board.
Adjourn On a motion by Mr. Cole seconded by Mr. DeLory, the Affordable Housing Trust Fund Board voted to adjourn at 5: 45 p. m. The vote was 6-0- 0.
The Affordable Housing Committee tentatively scheduled their next meeting for May 23.
On a motion by Ms. McClennen seconded by Mr. Stoeckert, the Affordable Housing Committee voted to adjourn at 5: 45 p.m. The vote was 5- 0-0.
Respectfully submitted, Myra Suchenicz
3 Orleans Board of Selectmen May 1, 2019 19 JUL 8 9:39ti ORLEANS BOARD OF SELECTMEN ORL EANS MAY 1, 2019 TOM CLERK FINAL
A meeting of the Orleans Board of Selectmen was held on Wednesday, May 1, 2019 in the Nauset Room of the Orleans Town Hall. Present were Chairman Alan McClennen, Vice Chairman Mefford Runyon, Clerk Kevin Galligan, Selectman Mark Mathison, Selectman David Currier, Finance Director Cathy Doane & Town Administrator John Kelly.
Chairman McClennen called the meeting of the Board of Selectmen to order at 6:00 p.m.
Chairman McClennen read the list of agenda items to be discussed in executive session
1. Meet in Executive Session to discuss strategy with respect to collective bargaining with the Police Union
On a motion by Mr. Mathison and seconded by Mr. Runyon, the Board voted to enter into executive session to discuss strategy with respect to collective bargaining with Police Union and that the Chair declare that an open meeting may have a detrimental effect on the litigating or negotiating position of the body, and to reconvene in open session. The vote was 5- 0-0, with Mr. McClennen, Mr. Runyon, Mr. Mathison, Mr. Currier& Mr. Galligan all voting aye by roll call. The Chair declared that an open meeting may have a detrimental effect on the negotiating position of the body.
Mr. McClennen stated that there is nothing to report in open session from executive session.
6: 17 p. m. Public Comment
Ed Romer from Ridgewood Road was present and commented on issues surrounding the proposed fees for the Recreation Department. He believes that it would be helpful if the Board of Selectmen and Finance Committee had the needs of the department prioritized in the operating budget rather than with fees.
6: 20 p. m. Approval of Minutes a. April 3, 2019
Mr. Mathison moved to approve the minutes of the April 3, 2019 meeting, 2nd by Mr. Runyon and approved 5- 0- 0.
b. April 17, 2019 ( Executive Session)
Mr. Runyon moved to approve the minutes of the April 17, 2019 Executive Session, 2nd by Mr. Mathison and approved 5- 0-0.
6: 21 p.m. Meet with Kevin Hip,Rins, Memorial and Veterans Dav Committee for update on Memorial Day plans
1 Orleans Board of Selectmen May 1, 2019
Lt. Kevin Higgins was present and provided the Board with an agenda for the upcoming Memorial Day celebration plans. They will be having a presentation/ acknowledgement of the Vietnam and 111 Korean War Veterans. With the approval of the Board, the Committee will be placing flags for all Veterans at the memorial location.
Mr. Currier moved to approve the request of the Memorial and Veterans Day Committee as outlined by Lt. Kevin Higgins, 2nd by Mr. Runyon and approved 5- 0- 0.
Mr. Galligan moved to recess as Selectmen and convene as Park Commissioners with Mark Mathison as Chairman, 2nd by Mr. Currier and approved 5- 0-0.
6:25 p. m. Meet as Park Commissioners with Natural Resources Manager Nate Sears
a. Nauset Beach Camp No. 6- Request for change of licensee
Natural Resources Manager Nate Sears was present.
Mr. Currier moved to approve the request of Jan Higgins to transfer the License Agreement of Nauset Beach Camp# 6 to Kevin Higgins, 2nd by Mr. McClennen and approved 5-0-0
b. Follow up discussion on proposed parking changes at Gavigan Cottages/ Wildflower Lane
Mr. Sears presented the Board with a schematic of the proposed parking area. A bollard will be placed on the causeway from June 15 through September 15. Both Town Counsel and Tom Daley have reviewed this proposal and no issues were noted.
Mr. Kelly stated that if the Board would like to move forward, the draft can be finalized and a public hearing scheduled for May 15 with the hope to have the changes implemented fortune 15, 2019.
Mr. Currier asked who would be handling the enforcement. Mr. Kelly responded that the Police Department will patrol the area once a day as per the existing agreement.
Mr. Galligan moved to authorize staff to prepare documents for a May 15, 2019 public hearing on the proposed parking rules and regulations, 2nd by Mr. McClennen and approved 5- 0-0.
Mr. Currier moved to adjourn as Park Commissioners and reconvene as Selectmen, 2nd by Mr. McClennen and approved 5- 0-0.
6:41 p. m. Mobilitie, LLC Pole Hearing- Install and maintain small cell wireless equipment on Main Street Utility Polve 17VZ26S
This application was withdrawn.
Mr. Galligan asked who approved the existing pole in this location. Mr. Kelly responded that many poles on the state layout roads have never had hearings.
2 Orleans Board of Selectmen May 1, 2019
At a future meeting, Mr. Runyon would like to take some time to discuss wireless installations on new or existing poles.
6:46 p.m. Joint meeting with Board of Health and Tom Daley, DPW Director a. Discussion on implementing a pay as you throw program ( PAYT) in May 2020
Joe Hartung convened the meeting of the Board of Health at 6:50 p.m.
Mr. Daley reviewed costs for the town to dispose of different materials at the transfer station and briefly reviewed waste generation and climate changes. The key for success is what is in the trash paper, yard trimmings, food scraps, plastics, metals, wood, glass and textiles/ other). PAYT is a system where residents pay for solid waste services per unit of waste generated instead of as a fixed fee. It treats solid waste as a utility. A customer pays for what they use. We can anticipate a 40% additional reduction in trash. It is the single most effective tool for increasing recycling and reducing waste.
Mr. Currier left the meeting at 7:02 p.m.
If the program is approved by the town, an implementation date would be chosen, we would contact bag manufacturers and publicize the change. Mr. Daley went on to review different sticker fees and pries for 3 different sized bags. The bags are usually sold in sleeves of 10.
The Department of Environmental Protection is offering a one-time grant of approximately 34, 000 to start up the program. Mr. Hartung asked if labor would be increased at the transfer station with an increase in recycling. Mr. Daley responded that there would be no increase. Board of Health member Sims McGrath asked what the impact of the economics would be if we went with single stream recycling. Mr. Daley responded that there would be a significant change in the numbers presented tonight and he would not recommend single stream recycling at this time.
Mr. McGrath asked what the economic impact for PAYT would be for Orleans where we take very little commercial debris at the transfer station as opposed to other communities that accept commercial debris. Mr. Daley responded that if other towns are accepting commercial, they should be going up on the scale, so essentially, they are doing PAYT. It is not a factor for Orleans. Board of Health Member John Kanaga stated that he doesn't like the fact that young families will be paying for this. He thinks there might need to be more of a message shift if this program is going to be implemented.
Mr. Currier returned at 7:20 p.m.
3 Orleans Board of Selectmen May 1, 2019
Mr. McGrath feels that the time of year that usage is traditionally lower is usually the best time to implement a program like this. He is not sure that we would want to implement this program I right as the season is ramping up. Mr. McClennen stated that a decision will have to be made fairly soon. There needs to be a good amount of public information and education during these conversations.
Health Director Bob Canning was present and stated that it is important for both Boards to decide if this will be a Board of Health or town meeting vote.
Mr. McGrath moved to adjourn the meeting of the Board of Health at 7:46 p.m., 2n° by Mr. Hartung and approved 3- 0-0.
7:46 p. m. Meet with DPW Director Tom Daley a. Quarterly Update on Projects
DPW Director Tom Daley was present and reviewed his quarterly report. Topics reviewed included projects at Nauset Beach, pavement management, Goose Hummock culvert repair, Rock Harbor culvert repair, equipment auction, downtown intersection project, Academy Place and Village Green irrigation and landscaping repair, West Road bike lane, work at DPW/ Natural Resources facility, downtown sewer design, Natural Resources projects, Recreation department, meter reading, annual hydrant flushing program and cellular meter project. On February 1, 2019 all public sector employees are required to review OSHA policies. Mr. Daley discussed safety trainings that have been offered at the new facility.
I Mr. Mathison asked if town landings are figured into the paving plans. Mr. Daley responded that he will be coming before the Board in a few months to review the paving program. Mr. Mathison asked if Mr. Daley could research the landings to see if the town owns more land than what is • currently paved. He would like to see if there is a possibility to pave an additional 2- 3' strip to accommodate trailers.
When Recreation Director Alan Harrison was previously before the Board asking for support for his budget and fees, Mr. Galligan asked about the possibility of having an easy to use online system for program registration and payments. Mr. Daley responded that he has reviewed this with Mr. Harrison and significant improvements have been made to the website.
Mr. Runyon would like to have future discussions on how people can obtain scholarships or relief from program fees if they have a financial hardship. Additionally, he would like to see the Recreation Commission resurrected.
8: 15 p. m. Meet with Building& Facilities Manager Ron Collins b. Quarterly Update on Projects
Building & Facilities Manager Ron Collins was present and reviewed projects for Orleans Elementary School, parks and beach improvements, Council on Aging, Fire Station, Snow Library, Town Hall and Transfer Station. The Town Buildings and Facilities Master Plan Stabilization Fund Projects list as of May 1, 2019 was reviewed.
4 Orleans Board of Selectmen May 1, 2019
Mr. Runyon left the room.
8: 27 p. m. Vote to sign new contract with Police Chief
Mr. Currier moved to vote to sign the Police Chief Employment Agreement as printed, 2nd by Mr. Mathison and approved 4-0-0.
One Day Wine & Beer License for June 14 and August 9-Agway of Cape Cod, 10 Lots Hollow Road
John Ostman was present to represent the applicant.
Mr. Currier moved to vote to approve the two Special One Day Wine & Malt Liquor license for AGWAY OF CAPE COD on June 14, 2019 and August 9, 2019 between 6: 00 pm and 8:00 pm to serve wine and malt beverages during the customers celebration events at the Garden Center located at 10 Lots Hollow Road, Orleans, MA 02653. Each license is issued for a period of three 3) days to allow for proper delivery, storage and disposal of all wine and malt beverages purchased, and is subject to all rules, bylaws, permits and approvals and in accordance with the Massachusetts General Law Chapter 138 Sec. 14., 2nd by Mr. Galligan and approved 4-0-0.
8:30 p. m. Vote to authorize Housing Trust Purchase of Affordability Restriction-15 Quanset Road
Mr. Currier moved to authorize the Affordable Housing Trust Fund Board to purchase land at 15 Quanset Road for an affordability restriction, 2nd by Mr. Galligan and approved 3- 0-1 Mathison).
Mr. Runyon returned.
8: 32 p. m. Discussion on Town Meeting Items a. Consider options for payment of Cape Cod Tech Capital Project Assessment
Mr. Kelly reported that the initial debt service payment for the Cape Cod Tech project was not included in the FY19 budget. Finance Director Cathy Doane reviewed the options for payment.
Mr. Galligan moved to vote to submit a motion at Town Meeting to amend Article 9, Line Item 50, Dept Code # 330, Cape Cod Tech Assessment from $191, 352.00 to $313,779.00 to include the$ 122,427 capital project assessment, 2nd by Mr. Mathison and approved 5-0-0.
b. Motion to take articles out of order if funded under Community Preservation Act
Mr. Runyon moved to take articles out of order if funded under the Community Preservation Act at Annual Town Meeting May 2019, 2nd by Mr. Mathison and approved 5- 0-0.
c. Information needed for town meeting and for pre-town meeting on May 8
Mr. Kelly stated that the pre-town meeting on May 8 will be an opportunity for residents to come in and ask specific questions about warrant articles.
5 Orleans Board of Selectmen May 1, 2019
Mr. Runyon asked how someone might be able to make an efficient amendment on town meeting floor. Mr. Kelly responded that there will be a form that residents can fill out. The process will be reviewed at the pre- town meeting.
8: 41 p.m. Town Administrator' s Report a. Orleans Pond Coalition-Celebrate Our Waters use of Rock Harbor Parking Lot and Beach
Mr. Galligan voted to approve the request of Orleans Pond Coalition to use Rock Harbor parking lot and beach area from September 20- 22 for Celebrate Our Waters weekend activities, 2nd by Mr. Runyon and approved 5- 0- 0.
b. Mass Dept. of Energy Resources- Regional Energy Planning Assistance Grant
Mr. Runyon voted to authorize Chairman McClennen to sign the memorandum of understating with Cape Light Compact for regional energy planning assistance, 2"d by Mr. Mathison and approved 5- 0-0.
c. Establish Cultural District Gift Account under MGL Ch. 44, Section 53A
Provided in the Board' s packet was a letter from Joanna Keeley which noted that all interest accrued in this account shall be retained in the account and is to be used for the general purpose of the committee. This notation from Ms. Keeley is of importance because it requires the money to be kept it its own separate bank account and keep any interest earned within the account, instead of it being mixed with other town funds and accumulated interest.
Mr. Galligan voted to establish the Orleans Cultural District Gift Account under MGL Ch. 44, Section 53A, 2" d by Mr. Runyon and approved 5-0-0.
d. Staff Update
Mr. Kelly announced the appointment of Lynn Brine as our new Social Services Coordinator in the Council on Aging, the appointment William Brown to the position of full time Maintenance Worker (DPW & Natural Resources), and the appointment of Cynthia Richards to the position of full time Assistant Treasurer/ Collector( Treasurer's office).
8:45 p. m. Selectmen' s Office Hours
Mr. McClennen reported that the Ombudsman Task Force was extended through April 30 and as of tonight, we have not received a final report from them. Mr. Currier suggested waiting until the Board' s next meeting to see what is received. Mr. Kelly will direct staff to follow up with the task force Chair.
8:46 p. m. Liaison Reports
Mr. McClennen stated that he has asked staff to send out evaluation forms for the Police Chief, Fire Chief, Town Administrator and Finance Director.
6 Orleans Board of Selectmen May 1, 2019
8:46 p. m. Items for future agendas
Mr. Runyon would like to have future discussions on the former DPW cold storage building. He would also like future discussions on enforcement issues, specifically relating to signage.
In light of what has been happening at our beaches and estuaries, Mr. Mathison thinks the Board should have serious discussions with the Natural Resources staff about a possible department
reorganization.
Resident Paul Pokaski was present and asked for time on a future agenda to discuss additional signage at Skaket Beach regarding no dogs from April 1 through Labor Day.
Adiourn
Mr. Galligan moved to adjourn at 8:55 p. m., 2"" by Mr. Runyon and approved 5-0-0.
Respectfully Submitted, Jennifer Clarke
Kevin Galligan, Clerk
Documents in 05.01.19 Packet 1. May 1, 2019 Agenda. 2. EXECUTIVE SESSION: 41- 111F/ 41- 100 Request: Sergeant David Freiner dated April 25, 2019. 3. Draft Minutes dated April 3, 2019. 47 EXECUTIVE SESSION: Draft Executive Session Minutes dated April 17, 2019. 5. Nauset Beach Camp No. 6 ( the " Hideaway") dated March 29, 2019. 6. Agreement and Release and Use License dated March 17, 2007. 7. Draft Town of Orleans Parking Rules and Regulations. 8. Maps of Wildflower Lane Property. 9. Mobilitie LLC Pole Hearing Action Form dated May 1, 2019. 10. Legal Advertisement for Publication on April 19, 2019 dated April 12, 2019. 11. Petition for Grant of Location for Attachment to Existing Pole dated March 22, 2019. 12. Order for Grant of Location for Attachment to Existing Pole. 13. Pole Petition—Joint Location Attachment dated March 22, 2019. 14. Initial Authorization for Mobilitie LLC to Attach to NSTAR poles dated November 10, 2017. 15. Proposed View Plan 9MAB00980F/ BS90XSA68F dated December 11, 2018. 16. Mobilitie Petition Plan No. 9MAB000980F dated April 13, 2018 Memo dated April 12, 2019 (Copy from: Tom Daley, Todd Bunzick, Tom Evers, Scott MacDonald). 17. Exhibit Photo & Site Plan 9MAB000980F dated August 13, 2018. 18. Pole Elevations 9MAB000980F dated August 13, 2018. 19. DPW & NR Pay- As- You-Throw PAYT dated May 1, 2019. 20. DPW& NR Quarterly Report dated May 1, 2019. 21. Jack Kerig: Exceptional Performance dated April 2, 2019. 22. Facilities and Construction Update dated May 1, 2019. 23. Town Building& Facilities Master Plan Stabilization Fund Projects dated May 1, 2019. 24. Police Chief Employment Agreement
7 Orleans Board of Selectmen May 1, 2019
25. Two Special One Day Wine& Malt Beverage Licenses for Agway of Cape Cod, 10 Lots Hollow Road, Orleans, MA 02653 dated May 1, 2019. 26. Article 33. Create an Affordable Housing Trust Fund voted at Annual Town Meeting May 7, 2018. 27. Housing Trust Purchase of Affordability Restriction dated April 22, 2019. 28. Sub Division Plan for Richard Rich & Martin D Rich et ux dated August 1, 1973. 29. Cape Cod Tech— Additional Capital Project Assessment dated April 25, 2019. 30. Financial Plan for the Fiscal years 2019& 2020 31. Town Administrator' s Report dated May 1, 2019. 32. Orleans Pond Coalition Application for Park/ Beach/ Field/ Facility Use dated April 8, 2019. 33. Massachusetts Department of Energy Resources Regional Energy Planning Assistance Grant. 34.. Establishing an Orleans Cultural District Town Committee Gift Account' dated April 10, 2019. 35. Chapter 44: Section 53A. Grants and gifts; acceptance and expenditure effective dated November 7, 2016. 36. Any other documents submitted at the May 1, 2019 Meeting.
1
1
8 July 10, 2019 Affordable Housing Trust Fund Board
ORi FANS TOO CLERK ORLEANS AFFORDABLE HOUSING TRUST FUND BOARD JULY 10, 2019 19 AUG B 10: 00vv Approved August 7, 2019
ffordable Fund and A Aff Housing A meeting of the j of the Orleans Town 2019 in the Meeting AC was held on July Hall. Present were Trust Board members Alan McClennen, Alexis Mathison, Henry Brehm, Ward Ghory, Greg DeLory, Matthew Cole, and Mefford, Runyon; Affordable Housing Committee Chair Katie Wibby, and Committee members Fran McClennen, Tom Johnson, Bill Stoeckert, and Shelley Dawson; and Community Development Director George Meservey. Duane Landreth and Nancy Renn were absent. All documents discussed at this meeting are filed with the permanent records of the Affordable Housing Trust Fund Board. The meetingwas preceded by a 4: 30 p.m. site visit to the Cape Cod Five Operations Center at 19 West Road. Mr. McClennen announced that the Board was unable to reorganize until all members were present, and as Chairman Pro-Tem by consensus, called the Board meeting to order at 5:30 p.m. Ms. Wibby likewise called the Committee meeting to order at 5: 30 p.m. Discussion of the Cape Cod Five Feasibility Study with the architect. Architect Rick Fennucio referred to the Orleans Housing Study Housing Package 7-10- 19, which had been distributed to the Board and Committee members. He also distributed a list of discussion items and a summary of the Trust Board and Housing Committee's comments, which were merged into one " Town Board Design feedback" document. The architects are now at about the 90% level of the study and have sent the drawings to Laura Shufelt at the Mass. Housing Partnership, including general unit count and unit mix. Following a reasonable positive feedback on the options, they would share with her preliminary construction costs to inform her pro-forma. Mr. Fennucio expressed the need for this meeting to focus on the big picture: site utilization, unit count, and square feet of buildings. He proceeded to review the Board and Committee comments, which he said reflected a consensus of the two groups. In response to a question by Mr. Meservey, Mr. Fennucio offered to provide data from several 28 to 40-unit developments with regard to parking spaces, including information from property managers. He noted that the Town could make the case to the state that more one-bedroom units were needed locally, and confirmed that no living spaces lacked natural light. The Board and Committee members discussed parking needs, congregate living space outside the micro-units, accessibility, accommodations for buses, bicycles and 1 10ordable,NTRoomBoard July 10, 2019 Affordable Housing Trust Fund Board
acoustical features. Some members expressed pedestrians, building footprint and concern about having to commit to a specific concept at this time. Mr. Fennucio noted that the differences between options C. 1 and C. 2, other than building proximity to the highway, were minimal. Mr. McClennen described the additional steps that would be required before the project could be brought to developers, including preparation for negotiating acquisition costs. Mr. Runyon noted that the architects were in the process of developing guidelines, but that actual plans would be created by potential developers. Mr. Meservey observed that Town ownership of the property would probably not be necessary. On a motion by Ms. McClennen seconded by Mr. Johnson, and on a motion by Ms. Mathison seconded by Mr. Brehm, the Committee and Board voted to focus on site plan C. 2. The votes were 5- 0-0 and 7- 0-0 respectively.
Mr. Fennucio said that they would provide Laura Shufelt with construction cost estimates for her pro forma. With regard to future joint meetings of the Board and Committee, he suggested that the results would be available for review in mid to late August, and that a joint meeting at that time would include finalizing a presentation to the Board of Selectmen. He emphasized that the architects could not address legal or real estate matters.
The meeting did not include reorganization and there was no public comment.
Minutes to be approved: June 5, 2019 On a motion by Ms. Mathison seconded by Mr. Ghory, the Board voted to approve the minutes of the June 5 meeting. The vote was 4-0-3.
Vote to pay$ 3,470 balance of HECH invoice for 10 Opa' s Way Mr. McClennen explained that this reflected a change order which was in excess of the amount transferred from Community Preservation funds by Town Meeting.
On a motion by Mr. Cole seconded by Mr. DeLory, the Board voted to pay the remaining balance of$ 3,470 of the HECH loan for 10 Opa' s Way. The vote was 7- 0-0.
Sign final agreement with Habitat for Humanity for 15 Quanset Road Mr. Meservey referred to the final agreement distributed to the Board and Committee members, which allowed five years for completion, occupancy, and recording of the deed restriction. The Board of Selectmen would also need to sign the agreement. On a motion by Ms. Mathison seconded by Mr. Runyon, the Board voted to sign the final agreement with Habitat for Humanity for 15 Quanset Road. The vote was 7- 0-0.
2 Affordable Housing Trust Fund Board July 10, 2019
Discuss Proposal Review template Mr. Ghory explained that it became apparent during the discussion of the Habitat project that formalizing the review of projects over a certain cost, using specific criteria, would help the decision- making process. Ms. McClennen suggested that it could apply to the goals and priorities of the two bodies. Mr. Ghory outlined his research into goals and priorities of other Affordable Housing Trust Boards, and Mr. Brehm referred to the Grafton Affordable Housing Action Plan as a model. McClennen asked that Mr. Ghory and Ms. McClennen work together on a combined document.
Discuss purchasing a unit at Old Colony Way for affordable housing Mr. McClennen noted that that he had been contacted by owners of a condominium unit on Old Colony Way with respect to a possible purchase for affordable housing. The price of$ 235, 000 is consistent with similar units. Mr. Meservey noted that most of these units are purchased for seasonal use, and Housing Assistance Corporation ( HAC) was willing to act as agent in order to preserve this unit as year-round housing.
The Affordable Housing Committee members outlined their previous research on the suitability of condominium units for long-term affordable housing, and the joint meeting discussed the impact of association fees on affordability. Mr. Meservey referred to HAC' s
review process and the programs which qualified prospective owners. The Board members discussed bidding on foreclosed properties and alternatives to Town ownership. More information will be presented at a future meeting.
Mr. McClennen informed the Board and Committee that he and Mr. Meservey had been asked to talk with Capabilities, Inc. regarding the property at Main Street near Tonset Road. Capabilities has decided to sell the property, and it may be an opportunity for the Affordable Housing Trust to purchase and develop it.
Adiourn On a motion by Ms. Mathison seconded by Mr. Runyon, the Affordable Housing Trust Fund Board voted to adjourn at 7: 00 p.m. The vote was 7- 0-0.
The Affordable Housing Committee continued its meeting.
Respectfully submitted, Myra Suchenicz
3
ATTACHMENT 2-Red Line RA & Deed Rider LOCAL INITIATIVE PROGRAM
REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR OWNERSHIP PROJECT
This Regulatory Agreement and Declaration of Restrictive Covenants (the “Agreement”) is made this ___ day of ______20__ by and among the Commonwealth of Massachusetts, acting by and through the Department of Housing and Community Development (“DHCD”), pursuant to G.L. c. 23B §1 as amended by Chapter 19 of the Acts of 2007, the City/ Town of ___Orleans______(“the Municipality”), and _Habitat for Humanity of Cape Cod, Inc.______, a Massachusetts corporation/limited partnership/limited liability company, having an address at 411 Main Street (Route 6A) Suite 6, Yarmouth Port, MA 02675______, and its successors and assigns (“Project Sponsor”).
WITNESSETH:
WHEREAS, pursuant to G.L. c. 40B, §§ 20-23 (the “Act”) and the final report of the Special Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in April 1989, regulations have been promulgated at 760 CMR 56.00 (the “Regulations”) which establish the Local Initiative Program (“LIP”);
WHEREAS, the Project Sponsor intends to construct a housing development known as __Quanset Road Community Housing______at a ___.53_-acre site on Quanset Road______Street/Road in the Municipality, more particularly described in Exhibit A attached hereto and made a part hereof (the “Project”);
WHEREAS, such Project is to consist of a total number of _one (1) ______condominium units/detached dwellings (the “Units”) and __one (1)______of the Units will be sold at the prices specified in this Agreement to persons or households with incomes at or below eighty percent (80%) of the regional median household income (the “Low and Moderate Income Units”);
WHEREAS, [For comprehensive permit projects add: upon application of the Chief Executive Officer of the Municipality (as that term is defined in the Regulations) and the Project Sponsor, DHCD made a determination of project eligibility pursuant to 760 CMR 56.04 and the Project Sponsor has received a comprehensive permit from the Zoning Board of Appeals of the Municipality, which permit is recorded/filed at the ______Registry of Deeds/Registry District of the Land Court (the “Registry”) in Book ______, Page______/as Document No. ______(the “Comprehensive Permit)] [For Local Action Units add: the Chief Executive Officer of the Municipality (as that term is defined in the Regulations) and the Project Sponsor have made application to DHCD to certify that the units in the Project are Local Action Units (as that term is defined in the Comprehensive Permit Guidelines (the “Guidelines”)) published by DHCD with the LIP Program; and RA Page 1 Sept. 2, 2016 WHEREAS, in partial consideration of the execution of this Agreement, [for comprehensive permit projects add: DHCD is issuing its final approval of the Project within the LIP Program pursuant to Section 19 of this Agreement, and has given and will give technical and other assistance to the Project] [for Local Action Units add: DHCD has given and will give technical and other assistance to the Project];
NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other, DHCD, the Municipality, and the Project Sponsor hereby agree and covenant as follows:
1. The Project Sponsor agrees to construct the Project in accordance with plans and specifications approved by the Municipality (the “Plans and Specifications”) [for comprehensive permit projects add: and in accordance with all terms and conditions of the Comprehensive Permit]. In addition, all Low and Moderate Income Units to be constructed as part of the Project must be indistinguishable from other Units in the Project from the exterior (unless the Project has an approved “Alternative Development Plan” as set forth in the Comprehensive Permit Guidelines (the “Guidelines”)) published by DHCD, and must contain complete living facilities including but not limited to a stove, refrigerator, kitchen cabinets, plumbing fixtures, and washer/dryer hookup, all as more fully shown in the Plans and Specifications.
______of the Low and Moderate Income Units shall be one bedroom units; ___one (1)_____ of the Low and Moderate Income Units shall be two bedroom units; ______of the Low and Moderate Income Units shall be three bedroom units; and, ______of the Low and Moderate Income Units shall be four bedroom units.
All Low and Moderate Income Units to be occupied by families must contain two or more bedrooms. Low and Moderate Income Units must have the following minimum areas:
one bedroom units - 700 square feet two bedroom units - 900 square feet three bedroom units - 1200 square feet four bedroom units - 1400 square feet
The Project must fully comply with the State Building Code and with all applicable state and federal building, environmental, health, safety and other laws, rules, and regulations, including without limitation all applicable federal and state laws, rules and regulations relating to the operation of adaptable and accessible housing for persons with disabilities. [For comprehensive permit projects add: Except to the extent that the Project is exempted from such compliance by the Comprehensive Permit,] Tthe Project must also comply with all applicable local codes, ordinances and by-laws.
Each Low and Moderate Income Unit will be sold for no more than the price set forth in Exhibit B attached hereto and made a part hereof to an Eligible Purchaser. An Eligible Purchaser is a Family (i) whose annual income does not exceed eighty percent (80%) of the Area median income adjusted for family size as determined by the U. S. Department of Housing and Urban Development and (ii) whose assets do not exceed the limits specified in the Guidelines. A RA Page 2 Sept. 2, 2016
“Family” shall mean two or more persons who will live regularly in the Low or Moderate Income Unit as their primary residence and who are related by blood, marriage, or operation of law or who have otherwise evidenced a stable inter-dependent relationship; or an individual. The “Area” is defined as the ______Barnstable______MSA/HMFA/County.
2. Upon the occurrence of one of the events described in 760 CMR 56.03(2), the Project will be included in the Subsidized Housing Inventory as that term is described in 760 CMR 56.01. Only Low and Moderate Income Units will be counted as SHI Eligible Housing as that term is described in 760 CMR 56.01 for the purposes of the Act.
3. (a) At the time of sale of each Low and Moderate Income Unit by the Project Sponsor, the Project Sponsor shall execute and shall as a condition of the sale cause the purchaser of the Low and Moderate Income Unit to execute an Affordable Housing Deed Rider in the form of Exhibit C attached hereto and made a part hereof (the “Deed Rider”). Such Deed Rider shall be attached to and made a part of the deed from the Project Sponsor to the Unit Purchaser. Each such Deed Rider shall require the Unit Purchaser at the time he desires to sell the Low and Moderate Income Unit to offer the Low and Moderate Income Unit to the Municipality and to DHCD at a discounted purchase price more particularly described therein. The Municipality and DHCD shall have the option upon terms more particularly described in the Deed Rider to either purchase the Low and Moderate Income Unit or to find an Eligible Purchaser. The Deed Rider shall require the Unit Purchaser and the Eligible Purchaser to execute at the time of resale a Deed Rider identical in form and substance to the Deed Rider then in effect with respect to the Low and Moderate Income Unit which will be attached and made a part of the deed from the Unit Purchaser to the Eligible Purchaser, so that the affordability of the Low and Moderate Income unit will be preserved each time that subsequent resales of the Low and Moderate Income unit occur. (The various requirements and restrictions regarding resale of a Low and Moderate Income Unit contained in the Deed Rider are hereinafter referred to as the (“Resale Restrictions”). If upon the initial resale or any subsequent resale of a Low and Moderate Income Unit, the Municipality and DHCD are unable to find an Eligible Purchaser for the Low and Moderate Income Unit, and the Municipality and DHCD each elect not to exercise its right to purchase the Low and Moderate Income Unit, then the then current owner of the Low and Moderate Income Unit shall have the right to sell the Low and Moderate Income Unit to any person, regardless of his income (an “Ineligible Purchaser”) at the Maximum Resale Price and subject to all rights and restrictions contained in the Deed Rider, and provided that the Unit is conveyed subject to a Deed Rider identical in form and substance to the Deed Rider then in effect with respect to the Low and Moderate Income Unit which will be attached and made part of the deed from the Unit Purchaser to the Ineligible Purchaser.
(b) For each sale of a Low and Moderate Income Unit, DHCD must approve the terms of the Eligible Purchaser’s mortgage financing as evidenced by DHCD’s issuance of the Resale Price Certificate described in the Deed Rider.
(c) The Municipality agrees that in the event that it purchases a Low and Moderate Income Unit pursuant to its right to do so contained in the Deed Rider then in effect with respect to such Low and Moderate Income Unit, that the Municipality shall within six (6) months of its acceptance of a deed of such Low and Moderate Income Unit, either (i) sell the Low and Moderate Income Unit to an Eligible Purchaser at the same price for which it purchased the Low and Moderate Income Unit plus any expenses incurred by the Municipality during its period of RA Page 3 Sept. 2, 2016
ownership, such expenses to be approved by DHCD, subject to a Deed Rider satisfactory in form and substance to DHCD and the recording of an Eligible Purchaser Certificate satisfactory in form and substance to DHCD, the method for selecting such Eligible Purchaser to be approved by DHCD or (ii) rent the Low and Moderate Income Unit to a person who meets the income guidelines of the LIP Program, upon terms and conditions satisfactory to DHCD and otherwise in conformity with the requirements of the LIP Program. If the Municipality fails to sell or rent the Low and Moderate income unit as provided herein within said six (6) month period, or if at any time after the initial rental of the Low and Moderate Income Unit by the Municipality as provided herein the Low and Moderate Income Unit becomes vacant and remains vacant for more than ninety (90) days, then such Low and Moderate Income Unit shall cease to be counted as SHI Eligible Housing, and shall no longer be included in the Subsidized Housing Inventory.
(d) Each Low and Moderate Income Unit will remain SHI Eligible Housing and continue to be included in the Subsidized Housing Inventory for as long as the following three conditions are met: (1) this Agreement remains in full force and effect and neither the Municipality nor the Project Sponsor is in default hereunder; (2) the Project and Low and Moderate Income Unit each continue to comply with the Regulations and the Guidelines as the same may be amended from time to time; and (3) either (i) a Deed Rider binding the then current owner of the Low and Moderate Income Unit to comply with the Resale Restrictions is in full force and effect and the then current owner of the Low and Moderate Income Unit is either in compliance with the terms of the Deed Rider, or the Municipality is in the process of taking such steps as may be required by DHCD to enforce the then current owner's compliance with the terms of the Deed Rider or (ii) the Low and Moderate Income Unit is owned by the Municipality and the Municipality is in compliance with the terms and conditions of the last preceding paragraph, or (iii) the Low and Moderate Income Unit is owned by DHCD.
4. INTENTIONALLY DELETED. [For comprehensive permit projects where the Project Sponsor is a for-profit entity add:
(a) Effective August 7, 2007, DHCD has adopted the policies, procedures, and forms for determining limited dividend compliance set forth in the MassHousing document entitled “Preparation of Cost Certification upon Completion of Homeownership 40B Project for Which MassHousing Serves as Project Administrator: Guidance to Developers and Municipalities” (the “MassHousing Guidance”). The MassHousing Guidance shall govern the cost certifications obligations of the Project Sponsor under this Agreement.
(b) The Project Sponsor shall be a limited dividend organization as defined by 760 CMR 56.01. Project Sponsor agrees that the aggregate profit from the Project which shall be payable to Project Sponsor or to the partners, shareholders or other owners of Project Sponsor or the Project shall not exceed twenty percent (20%) of total development costs of the Project , which development costs have been approved by DHCD (the “Allowable Profit”).]
(c) Within one hundred eighty (180) days after Substantial Completion of the Project (as that term is defined in the MassHousing Guidance) or, if later, within sixty (60) days of the date on which all units in the Project are sold, the Project Sponsor shall deliver to the Municipality and to DHCD an itemized statement of total development costs together with a statement of gross income from the Project received by the Project Sponsor to date in form satisfactory to DHCD (the “Certified Cost and Income Statement”) prepared and certified by a certified public accountant RA Page 4 Sept. 2, 2016
satisfactory to DHCD. DHCD requires the prequalification of the certified public accountant hired by the Project Sponsor as more particularly set forth in Article IV (D) of the Guidelines. If all units at the Project have not been sold within twenty-four (24) months of Substantial Completion, a sale price for the remaining unsold units shall be imputed in an amount equal to the average of the last three (3) arms-length sales of comparable units, and a final Certified Cost and Income Statement shall be required within sixty (60) days thereafter. Prior to DHCD’s acceptance of the Certified Cost and Income Statement and for a period of 30 days after DHCD provides the Municipality with its determination of compliance with the limited dividend requirement, the Municipality shall have the option of having the Certified Cost and Income Statement evaluated for accuracy (e.g., absence of material errors) applying the same standards as DHCD by an independent auditor selected by the Municipality. DHCD will reasonably review any inaccuracies identified by the Municipality during this period and shall thereafter make a final determination of the Project Sponsor’s compliance with the limited dividend requirement.
(d) .All profits from the Project in excess of the Allowable Profit (the “Excess Profit”) shall be paid by the Project Sponsor to the Municipality. The Municipality agrees that upon the receipt by the Municipality of any Excess Profit, the Municipality shall deposit any and all such Excess Profit into an affordable housing fund, if one exists in the Municipality, and otherwise into a fund established pursuant to G.L. c.44 §53A to be used by the Municipality for the purpose of reducing the cost of Low and Moderate Income Units to Eligible purchasers upon resale or for the purpose of encouraging, creating, or subsidizing the construction or rehabilitation of housing for persons and families of low and moderate income elsewhere in the Municipality. The expenditure of funds from the Affordable Housing Fund shall be reported on an annual basis to DHCD. For so long as the Project Sponsor complies with the requirements of this Section 4, the Project Sponsor shall be deemed to be a limited dividend organization within the meaning of the Act.]
[For comprehensive permit projects where the Project Sponsor is a non-profit entity add: Within one hundred eighty (180) days after Substantial Completion of the Project or, if later, within sixty (60) days of the date on which all the units in the Project are sold, the Project Sponsor shall complete and deliver to the Municipality and to DHCD the section of the Local Initiative Program Application for Comprehensive Permit Projects entitled “Project Feasibility – Ownership Projects” (ownership pro forma, profit analysis, and cost analysis), documenting the actual development costs of and income from the Project, prepared and signed by the Chief Financial Officer of the Project Sponsor. Substantial Completion shall be deemed to have occurred when construction of the Project is sufficiently complete so that the Unit may be occupied and amenities may be used for their intended purpose, except for designated punch list items and seasonal work which does not interfere with the residential use of the Low and Moderate Income Units.]
5. (a) Prior to marketing or otherwise making available for sale any of the Units, the Project Sponsor must obtain DHCD's approval of a marketing plan (the “Marketing Plan”) for the Low and Moderate Income Units. Such Marketing Plan must describe the buyer selection process for the Low and Moderate Income Units and must set forth a plan for affirmative fair marketing of Low and Moderate Income Units and effective outreach to protected groups underrepresented in the municipality, including provisions for a lottery, consistent with the Regulations and Guidelines. At the option of the Municipality, and provided that the Marketing RA Page 5 Sept. 2, 2016
Plan demonstrates (i) the need for the local preference (e.g., a disproportionately low rental or ownership affordable housing stock relative to need in comparison to the regional area), and (ii) that the proposed local preference will not have a disparate impact on protected classes, the Marketing Plan may also include a preference for local residents for up to seventy percent (70%) of the Low and Moderate Income Units, subject to all provisions of the Regulations and Guidelines, provided that any local preference shall apply only to the initial unit sales by the Project Sponsor. When submitted to DHCD for approval, the Marketing Plan should be accompanied by a letter from the Chief Executive Officer of the Municipality (as that term is defined in the Regulations) which states that the buyer selection and local preference (if any) aspects of the Marketing Plan have been approved by the Municipality and which states that the Municipality will perform any aspects of the Marketing Plan which are set forth as responsibilities of the Municipality in the Marketing Plan. The Marketing Plan must comply with the Regulations and Guidelines and with all other applicable statutes, regulations and executive orders, and DHCD directives reflecting the agreement between DHCD and the U.S. Department of Housing and Urban Development in the case of NAACP, Boston Chapter v. Kemp. If the Project is located in the Boston-Cambridge-Quincy, MA-NH MSA, the Project Sponsor must list all Low and Moderate Income Units with the Boston Fair Housing Commission’s MetroList (Metropolitan Housing Opportunity Clearing Center); other requirements for listing of units are specified in the Guidelines. All costs of carrying out the Marketing Plan shall be paid by the Project Sponsor.
(b) The Project Sponsor may use in-house staff to draft and/or implement the Marketing Plan, provided that such staff meets the qualifications described in the Guidelines. The Project Sponsor may contract for such services provided that any such contractor must be experienced and qualified under the standards set forth in the Guidelines. A failure to comply with the Marketing Plan by the Project Sponsor or by the Municipality shall be deemed to be a default of this Agreement. The Project Sponsor agrees to maintain for at least five years following the sale of the last Low and Moderate Income Unit, a record of all newspaper ads, outreach letters, translations, leaflets, and any other outreach efforts (collectively “Marketing Documentation”) as described in the Marketing Plan as approved by DHCD which may be inspected at any time by DHCD. All Marketing Documentation must be approved by DHCD prior to its use by the Project Sponsor or the Municipality. The Project Sponsor and the Municipality agree that if at any time prior to or during the process of marketing the Low and Moderate Income Units, DHCD determines that the Project Sponsor, or the Municipality with respect to aspects of the Marketing Plan that the Municipality has agreed to be responsible for, has not adequately complied with the approved Marketing Plan, that the Project Sponsor or Municipality as the case may be, shall conduct such additional outreach or marketing efforts as shall be determined by DHCD.
6. Neither the Project Sponsor nor the Municipality shall discriminate on the basis of race, religion, color, sex, sexual orientation, familial status, age, disability, marital status, national origin, genetic information, ancestry, children, receipt of public assistance, or any other basis prohibited by law in the selection of buyers for the Units; and the Project Sponsor shall not so discriminate in connection with the employment or application for employment of persons for the construction, operation or management of the Project.
7. (a) The Project Sponsor agrees to comply and to cause the Project to comply with all requirements of the Regulations and Guidelines and all other applicable laws, rules, regulations, and executive orders. DHCD and the Chief Executive Officer of the municipality RA Page 6 Sept. 2, 2016
shall have access during normal business hours to all books and records of the Project Sponsor and the Project in order to monitor the Project Sponsor's compliance with the terms of this Agreement.
(b) Throughout the term of this Agreement, the Chief Executive Officer shall annually certify in writing to DHCD that each of the Low and Moderate Income Units continues to be occupied by a person who was an Eligible Purchaser at the time of purchase; that any Low and Moderate Income Units which have been resold during the year have been resold in compliance with all of the terms and provisions of the Deed Rider then in effect with respect to each such Low and Moderate Income Unit, and in compliance with the Regulations and Guidelines and this Agreement; and that the Project and the Low and Moderate Income Units have otherwise been maintained in a manner consistent with the Regulations and Guidelines, this Agreement, and the Deed Rider then in effect with respect to each Low and Moderate Income Unit.
8. Upon execution, the Project Sponsor shall immediately cause this Agreement and any amendments hereto to be recorded/filed with the Registry, and the Project Sponsor shall pay all fees and charges incurred in connection therewith. Upon recording or filing, as applicable, the Project Sponsor shall immediately transmit to DHCD and the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement.
9. The Project Sponsor hereby represents, covenants and warrants as follows:
(a) The Project Sponsor (i) is a _non-profit corporation______, duly organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business under the laws of this State, (ii) has the power and authority to own its properties and assets and to carry on its business as now being conducted, and (iii) has the full legal right, power and authority to execute and deliver this Agreement.
(b) The execution and performance of this Agreement by the Project Sponsor (i) will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and (ii) will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Project Sponsor is a party or by which it or the Project is bound, and (iii) will not result in the creation or imposition of any prohibited encumbrance of any nature.
(c) The Project Sponsor will, at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance (subject to encumbrances created pursuant to this Agreement, any loan documents relating to the Project the terms of which are approved by DHCD, or other permitted encumbrances, including mortgages referred in paragraph 10, below).
(d) There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Project Sponsor, threatened against or affecting it, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially or adversely affect its financial condition.
RA Page 7 Sept. 2, 2016
10. (a) Except for sales of Low and Moderate Income Units to Eligible Purchasers and sales of other Units to unit owners in the ordinary course of business as permitted by the terms of this Agreement, the Project Sponsor will not sell, transfer, lease, or exchange the Project or any portion thereof or interest therein (collectively, a “Sale”) or (except as permitted under Section (d) below) mortgage the Property without the prior written consent of DHCD and the Municipality.
(b) A request for consent to a Sale shall include:
- A signed agreement stating that the transferee will assume in full the Project Sponsorʼs obligations and duties under this Agreement, together with a certification by the attorney or title company that it will be held in escrow and, in the case of any transfer other than a transfer of Beneficial Interests, recorded in the Registry of Deeds with the deed and/or other recorded documents effecting the Sale;
- The name of the proposed transferee and any other entity controlled by or controlling or under common control with the transferee, and names of any affordable housing developments in the Commonwealth owned by such entities;
- A certification from the Municipality that the Project is in compliance with the affordability requirements of this Agreement.
(c) Consent to the proposed Sale shall be deemed to be given unless DHCD or the Municipality notifies the Project Sponsor within thirty (days) after receipt of the request that either
- The package requesting consent is incomplete, or
- The proposed transferee (or any entity controlled by or controlling or under common control with the proposed transferee) has a documented history of serious or repeated failures to abide by agreements of affordable housing funding or regulatory agencies of the Commonwealth or the federal government or is currently in violation of any agreements with such agencies beyond the time permitted to cure the violation, or
- The Project is not being operated in compliance with the affordability requirements of this Agreement at the time of the proposed Sale.
(d) The Project Sponsor shall provide DHCD and the Municipality with thirty (30) day’s prior written notice of the following:
(i) any change, substitution or withdrawal of any general partner, manager, or agent of the Project Sponsor; or
(ii) the conveyance, assignment, transfer, or relinquishment of a majority of the Beneficial Interests (herein defined) in the Project Sponsor (except for such a conveyance, assignment, transfer or
RA Page 8 Sept. 2, 2016
relinquishment among holders of Beneficial Interests as of the date of this Agreement).
(iii) the sale, mortgage, conveyance, transfer, ground lease, or exchange of the Project Sponsor’s interest in the Project or any party of the Project.
For purposes hereof, the term “Beneficial Interest” shall mean: (i) with respect to a partnership, any partnership interests or other rights to receive income, losses, or a return on equity contributions made to such partnership; (ii) with respect to a limited liability company, any interests as a member of such company or other rights to receive income, losses, or a return on equity contributions made to such company; or (iii) with respect to a company or corporation, any interests as an officer, board member or stockholder of such company or corporation to receive income, losses, or a return on equity contributions made to such company or corporation.
Notwithstanding the above, DHCD’s consent under this Section 10 shall not be required with respect to the grant by the Project Sponsor of any mortgage or other security interest in or with respect to the Project to a state or national bank, state or federal savings and loan association, cooperative bank, mortgage company, trust company, insurance company or other institutional lender made at no greater than the prevailing rate of interest or any exercise by any such mortgagee of any of its rights and remedies (including without limitation, by foreclosure or by taking title to the Project by deed in lieu of foreclosure), subject, however to the provisions of Section 14 hereof.
The Project Sponsor hereby agrees that it shall provide copies of any and all written notices received by the Project Sponsor from a mortgagee exercising or threatening to exercise its foreclosure rights under the mortgage.
11. Until such time as decisions regarding repair of damage due to fire or other casualty, or restoration after taking by eminent domain, shall be made by a condominium association or trust not controlled by the Project Sponsor, (or if the Project consists of detached dwellings, by homebuyers) Project Sponsor agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Project Sponsor will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with the terms of this Agreement, subject to the approval of the Project's lenders, which lenders have been approved by DHCD and the Municipality.
12. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portions hereof.
13. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice:
RA Page 9 Sept. 2, 2016
DHCD: Department of Housing and Community Development Attention: Local Initiative Program Director 100 Cambridge St., Suite 300 Boston, MA 02114
Municipality: Town of Orleans Attention: Town Administrator 19 School Road Orleans, MA 02653
Project Sponsor: Habitat for Humanity of Cape Cod, Inc. 411 Main Street (Route 6A)-Suite 6 Yarmouth Port, MA 02675
14. (a) This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable housing restriction as that term is defined in G.L. c. 184, § 31 and as that term is used in G.L. c.184, § 26, 31, 32 and 33. This Agreement shall bind, and the benefits shall inure to, respectively, the Project Sponsor and its successors and assigns, and DHCD and its successors and assigns and the Municipality and its successors and assigns. DHCD has determined that the acquiring of such affordable housing restriction is in the public interest. The term of this Agreement shall be perpetual, provided however, that this Agreement shall terminate if (a) at any time hereafter there is no Low and Moderate Income Unit at the Project which is then subject to a Deed Rider containing the Resale Restrictions, and there is no Low and Moderate Income Unit at the Project which is owned by the Municipality or DHCD as provided in Section 4 hereof., [For comprehensive permit projects add: or (b) if a Comprehensive Permit is not granted to the Project Sponsor for the Project by either the Municipality's Board of Appeals (as that term is defined in the Regulations) or by the Housing Appeals Committee (as that term is used in the Act) within a period of eighteen months from the date of execution of this Agreement, or (c) if at any time the Comprehensive Permit is revoked and all applicable appeal periods with respect to such revocation have expired]. The rights and restrictions contained in this Agreement shall not lapse if the Project is acquired through foreclosure or deed in lieu of foreclosure or similar action, and the provisions hereof shall continue to run with and bind the Project.
(b) The Project Sponsor intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Project Sponsor's successors in title, (ii) are not merely personal covenants of the Project Sponsor, and (iii) shall bind the Project Sponsor, its successors and assigns and enure to the benefit of DHCD and its successors and assigns for the term of the Agreement. Project Sponsor hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this RA Page 10 Sept. 2, 2016
Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full.
(c) The Resale Restrictions contained in each of the Deed Riders which are to encumber each of the Low and Moderate Income Units at the Project pursuant to the requirements of this Agreement shall also constitute an affordable housing restriction as that term is defined in G.L. c. 184, §31 and as that term is used in G.L. c. 184, §§26, 31, 32, and 33. Such Resale Restrictions shall be for the benefit of both DHCD and the Municipality and both DHCD and the Municipality shall be deemed to be the holder of the affordable housing restriction created by the Resale Restrictions in each of the Deed Riders. DHCD has determined that the acquiring of such affordable housing restriction is in the public interest. To the extent that the Municipality is the holder of the Resale Restrictions to be contained in each of the Deed Riders, the Director of DHCD by the execution of this Agreement hereby approves such Resale Restrictions in each of the Deed Riders for the Low and Moderate Income Units of the Project as required by the provisions of G.L. c. 184, §32.
15. The Project Sponsor and the Municipality each agree to submit any information, documents, or certifications requested by DHCD which DHCD shall deem necessary or appropriate to evidence the continuing compliance of the Project Sponsor and the Municipality with the terms of this Agreement.
16. (a) The Project Sponsor and the Municipality each covenant and agree to give DHCD written notice of any default, violation or breach of the obligations of the Project Sponsor or the Municipality hereunder, (with a copy to the other party to this Agreement) within seven (7) days of first discovering such default, violation or breach (a “Default Notice”). If DHCD becomes aware of a default, violation, or breach of obligations of the Project Sponsor or the Municipality hereunder without receiving a Default Notice from Project Sponsor or the Municipality, DHCD shall give a notice of such default, breach or violation to the offending party (with a copy to the other party to this Agreement) (the “DHCD Default Notice”). If any such default, violation, or breach is not cured to the satisfaction of DHCD within thirty (30) days after the giving of the Default notice by the Project Sponsor or the Municipality, or if no Default Notice is given, then within thirty (30) days after the giving of the DHCD Default Notice, then at DHCD's option, and without further notice, DHCD may terminate this Agreement, or DHCD may apply to any state or federal court for specific performance of this Agreement, or DHCD may exercise any other remedy at law or in equity or take any other action as may be necessary or desirable to correct non- compliance with this Agreement.
(b) If DHCD elects to terminate this Agreement as the result of a breach, violation, or default hereof, which breach, violation, or default continues beyond the cure period set forth in this Section 16(a), then the Low and Moderate Income Units and any other Units at the Project which have been included in the Subsidized Housing Inventory shall from the date of such termination no longer be deemed SHI Eligible Housing for the purposes of the Act and shall be deleted from the Subsidized Housing Inventory. The foregoing sentence shall not apply to Low and Moderate Income Units that have been conveyed in compliance and remain in compliance with Section 3 of this Agreement.
17. The Project Sponsor represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the RA Page 11 Sept. 2, 2016 terms and conditions hereof and that all such mortgagees have executed the Consent and Subordination of Mortgage to Regulatory Agreement attached hereto and made a part hereof.
18. DHCD may delegate to the Municipality any of its oversight and enforcement responsibilities under this Agreement, with the agreement of the Municipality, by providing written notice of such delegation to the Project Sponsor and the Municipality.
[For comprehensive permit projects add:
19. (a) When executed by DHCD, this Agreement shall constitute Final Approval of the Project as described in 760 CMR 56.04(7). DHCD hereby reaffirms and incorporates by reference in this Agreement each of the findings with respect to project eligibility required by 760 CMR 56.04(1) made in the Site Eligibility Letter for the Project dated ______.] [If the Project Sponsor is a for-profit entity add: The Project Sponsor hereby explicitly acknowledges its obligation to comply with the cost examination requirements defined in 760 CMR 56.04(8).]
[If the Project Sponsor is a for-profit entity add:
(b) The Project Sponsor has provided financial surety in a form and in the amount required by the Guidelines to ensure completion of the cost examination to the satisfaction of the DHCD and the distribution of excess funds as required at 760 CMR 56.04(8)(c). DHCD will provide a copy of this Agreement to the Municipality’s Board of Appeals as required by 760 CMR 56.04(7).]
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
RA Page 12 Sept. 2, 2016
Executed as a sealed instrument as of the date first above written.
PROJECT SPONSOR
By:Habitat for Humanity of Cape Cod, Inc.
______Its: President
By:
______Its: Treasurer
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
By:______Its:
MUNICIPALITY
By:______Its:
Attachments: Exhibit A - Legal Property Description Exhibit B - Prices & Location of Low & Moderate Income Units Exhibit C - Form of Deed Rider
Consent forms signed by any and all mortgagees whose mortgages are recorded prior to this Regulatory Agreement must be attached to this Regulatory Agreement.
© DHCD When used in the Local Initiative Program, this form may not be modified without the written approval of the Department of Housing and Community Development.
RA Page 13 Sept. 2, 2016
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF , ss.
On this ______day of ______, 20__, before me, the undersigned notary public, personally appeared ______, proved to me through satisfactory evidence of identification, which were ______, to be the person whose name is signed on the preceding document, as ______of the ______[Project Sponsor], and acknowledged to me that he/she signed it voluntarily for its stated purpose.
______Notary Public My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK, ss.
On this ______day of ______, 20__, before me, the undersigned notary public, personally appeared ______, proved to me through satisfactory evidence of identification, which were ______, to be the person whose name is signed on the preceding document, as ______for the Commonwealth of Massachusetts acting by and through the Department of Housing and Community Development, and acknowledged to me that he/she signed it voluntarily for its stated purpose.
______Notary Public My Commission Expires:
RA Page 14 Sept. 2, 2016
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ,ss. ______, 20__
On this ______day of ______, 20__, before me, the undersigned notary public, personally appeared ______, proved to me through satisfactory evidence of identification, which were ______, to be the person whose name is signed on the preceding document, as ______for the City/Town of ______, and acknowledged to me that he/she signed it voluntarily for its stated purpose.
______Notary Public Print Name: My Commission Expires:
RA Page 15 Sept. 2, 2016
CONSENT AND SUBORDINATION OF MORTGAGE TO REGULATORY AGREEMENT
Reference is hereby made to a certain Mortgage dated ______given by ______to ______, recorded with the ______Registry of Deeds at Book ______, Page ____ (“Mortgage”).
The Undersigned, present holder of said Mortgage, hereby recognizes and consents to the execution and recording of this Agreement and agrees that the aforesaid Mortgage shall be subject and subordinate to the provisions of this Agreement, to the same extent as if said Mortgage had been registered subsequent thereto. The Undersigned further agrees that in the event of any foreclosure or exercise of remedies under said Mortgage it shall comply with the terms and conditions hereof.
[NAME OF LENDER]
By:______Its:
(If the Project has more than one mortgagee, add additional consent forms.)
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF______, ss. ______, 20___
On this ______day of ______, 20__, before me, the undersigned notary public, personally appeared ______, proved to me through satisfactory evidence of identification, which were ______, to be the person whose name is signed on the preceding document, as ______of ______Bank, and acknowledged to me that he/she signed it voluntarily for its stated purpose.
______Notary Public Print Name: My Commission Expires:
RA Page 16 Sept. 2, 2016
EXHIBIT A
Re: _Quanset Road Community Housing______(Project name) __Orleans______(City/Town) __Habitat for Humanity of Cape Cod, Inc.______(Developer)
Property Description
Closing Date: July 26, 2019
Property Address: 15 Quanset Road, South Orleans MA 02662
That certain tract or parcel of land located in Orleans, County of Barnstable, Commonwealth of Massachusetts, described as follows:
NORTHEASTERLY by Quanset Road, one hundred thirty and 00/100 (130.00) feet; SOUTHEASTERLY by Lot 4, as shown on plan hereinafter referred to, tow hundred seventy-one and 84/100 (271.84) feet; SOUTHWESTERLY by a portion of Lot 1, one hundred five and 00/100 (105.00) feet; and NORTHWESTERLY by Lot 2, two hundred twenty-one and 45/100 (221.45). Containing 23,400 square feet of land, more or less, and being shown as LOT 3 ON PLAN ENTITLED, "Subdivision Plan of Land in Orleans, Mass. For Richard Rich and Martin D. Rich et ux Robert B. Barwood Delineator Eldredge E. Sparrow Registered Land Surveyor South Orleans Mass. Scale: 1 inch = 40 feet February 1973", which plan is recorded in Barnstable County Registry of Deeds in Plan Book 272, Page 95.For Title see Deed recorded at book 32183, page 70.
RA Page 17 Sept. 2, 2016
EXHIBIT B
Re: __Quanset Road Community Housing______(Project name) ___Orleans______(City/Town) ___Habitat for Humanity of Cape Cod, Inc.______(Developer)
Maximum Selling Prices, Initial Condominium Fees, and Percentage Interest Assigned to Low and Moderate Income Units
Sales Price Condo Fee % Interest
One bedroom units $____N/A______$___N/A______N/A____ Two bedroom units $_141,250______$___N/A______N/A______Three bedroom units $____N/A______$____N/A______N/A_____ Four bedroom units $___N/A______$___N/A______N/A______
Location of Low and Moderate Income Units
The housing units which are Low and Moderate Income Units are those designated as lot/unit numbers ______on:
a plan of land entitled ______recorded with the ______Registry of Deeds in Book ____, Page ____.
floor plans recorded with the Master Deed of the ______recorded with the ______Registry of Deeds in Book ____, Page ____.
RA Page 18 Sept. 2, 2016 EXHIBIT C
I:\DeedRiderSAR-Massachusetts(Universal) 5/3016 LOCAL INITIATIVE PROGRAM AFFORDABLE HOUSING DEED RIDER
For Projects in Which Affordability Restrictions Survive Foreclosure
made part of that certain deed (the "Deed") of certain property (the “Property”) from ______("Grantor") to ______("Owner") dated ______, 200__. The Property is located in the City/Town of ______(the “Municipality”).
RECITALS
WHEREAS, the Grantor is conveying that certain real property more particularly described in the Deed to the Owner at a consideration which is less than the fair market value of the Property; and
WHEREAS, the Property is part of a project which was: [check all that are applicable]
(i) granted a Comprehensive Permit under Massachusetts General Laws Chapter 40B, Sections 20-23, from the Board of Appeals of the Municipality or the Housing Appeals Committee and recorded/filed with the ______County Registry of Deeds/Registry District of Land Court (the “Registry”) in Book ______, Page ______/Document No.______(the “Comprehensive Permit”);
(ii) subject to a Regulatory Agreement among ______(the “Developer”), [ ] Massachusetts Housing Finance Agency (“MassHousing”), [ ] the Massachusetts Department of Housing and Community Development] (“DHCD”) [ ] the Municipality; and [ ] ______, dated ______and recorded/filed with the Registry in Book ____, Page ___/as Document No. ______(the “Regulatory Agreement”); and
(iii) √ subsidized by the federal or state government under the Local Initiative Program, a program to assist construction of low or moderate income housing the “Program”); and
WHEREAS, pursuant to the Program, eligible purchasers such as the Owner are given the opportunity to purchase residential property at less than its fair market value if the purchaser agrees to certain use and transfer restrictions, including an agreement to occupy the property as a principal residence and to convey the property for an amount not greater than a maximum resale price, all as more fully provided herein; and 1
WHEREAS, DHCD (singly, or if more than one entity is listed, collectively, the “Monitoring Agent”) is obligated by the Program or has been retained to monitor compliance with and to enforce the terms of this Deed Rider, and eligible purchasers such as the Owner may be required to pay to the Monitoring Agent, or its successor, a small percentage of the resale price upon the Owner’s conveyance of the Property, as set out in the Regulatory Agreement and as more fully provided herein; and
WHEREAS, the rights and restrictions granted herein to the Monitoring Agent and the Municipality serve the public’s interest in the creation and retention of affordable housing for persons and households of low and moderate income and in the restricting of the resale price of property in order to assure its affordability by future low and moderate income purchasers.
NOW, THEREFORE, as further consideration for the conveyance of the Property at less than fair market value, the Grantor and the Owner, including his/her/their heirs, successors and assigns, hereby agree that the Property shall be subject to the following rights and restrictions which are imposed for the benefit of, and shall be enforceable by, the Municipality and the Monitoring Agent, and, if DHCD is a party to the Regulatory Agreement and is not the Monitoring Agent, by DHCD.
1. Definitions. In this Deed Rider, in addition to the terms defined above, the following words and phrases shall have the following meanings:
Affordable Housing Fund means a fund established by the Municipality for the purpose of reducing the cost of housing for Eligible Purchasers or for the purpose of encouraging, creating, or subsidizing the construction or rehabilitation of housing for Eligible Purchasers or, if no such fund exists, a fund established by the Municipality pursuant to Massachusetts General Laws Chapter 44 Section 53A, et seq.
Applicable Foreclosure Price shall have the meaning set forth in Section 7(b) hereof.
Appropriate Size Household means a household containing a number of members equal to the number of bedrooms in the Property plus one.
Approved Capital Improvements means the documented commercially reasonable cost of extraordinary capital improvements made to the Property by the Owner; provided that the Monitoring Agent shall have given written authorization for incurring such cost prior to the cost being incurred and that the original cost of such improvements shall be discounted over the course of their useful life.
Area means the Primary Metropolitan Statistical Area or non-metropolitan area that includes the Municipality, as determined by HUD, which in this case is ______.
2
Area Median Income means the most recently published median income for the Area adjusted for household size as determined by HUD. If HUD discontinues publication of Area Median Income, the income statistics used by MassHousing for its low and moderate income housing programs shall apply.
Base Income Number means the Area Median Income for a four (4)-person household.
Chief Executive Officer shall mean the Mayor in a city or the Board of Selectmen in a town unless some other municipal office is designated to be the chief executive officer under the provisions of a local charter.
Closing shall have the meaning set forth in Section 5(b) hereof.
Compliance Certificate shall have the meaning set forth in Section 6(a) hereof.
Conveyance Notice shall have the meaning set forth in Section 4(a) hereof.
Eligible Purchaser means an individual or household earning no more than eighty percent (80%) of Area Median Income (or, if checked [ ] ______percent (___%) of Area Median Income, as required by the Program) and owning assets not in excess of the limit set forth in the Program Guidelines. To be considered an Eligible Purchaser, the individual or household must intend to occupy and thereafter must occupy the Property as his, her or their principal residence and must provide to the Monitoring Agent such certifications as to income, assets and residency as the Monitoring Agent may require to determine eligibility as an Eligible Purchaser. An Eligible Purchaser shall be a First-Time Homebuyer if required by the Program and as specified in the Regulatory Agreement.
First-Time Homebuyer means an individual or household, of which no household member has had an ownership interest in a principal residence at any time during the three (3)-year period prior to the date of qualification as an Eligible Purchaser, except that (i) any individual who is a displaced homemaker (as may be defined by DHCD) (ii) and any individual age 55 or over (applying for age 55 or over housing) shall not be excluded from consideration as a First-Time Homebuyer under this definition on the basis that the individual, owned a home or had an ownership interest in a principal residence at any time during the three (3)-year period.
Foreclosure Notice shall have the meaning set forth in Section 7(a) hereof.
HUD means the United States Department of Housing and Urban Development.
Ineligible Purchaser means an individual or household not meeting the requirements to be eligible as an Eligible Purchaser.
Maximum Resale Price means the sum of (i) the Base Income Number (at the time of resale) multiplied by the Resale Price Multiplier, plus (ii) the Resale Fee and any necessary marketing
3
expenses (including broker’s fees) as may have been approved by the Monitoring Agent, plus (iii) Approved Capital Improvements, if any (the original cost of which shall have been discounted over time, as calculated by the Monitoring Agent); provided that in no event shall the Maximum Resale Price be greater than the purchase price for which a credit-worthy Eligible Purchaser earning seventy percent (70%) of the Area Median Income (or, if checked [ ] ______percent (___%) of Area Median Income, as required by the Program) for an Appropriate Size Household could obtain mortgage financing (as such purchase price is determined by the Monitoring Agent using the same methodology then used by DHCD for its Local Initiative Program or similar comprehensive permit program); and further provided that the Maximum Resale Price shall not be less than the purchase price paid for the Property by the Owner unless the Owner agrees to accept a lesser price.
Monitoring Services Agreement means any Monitoring Services Agreement for monitoring and enforcement of this Deed Rider among some or all of the Developer, the Monitoring Agent, the Municipality, MassHousing and DHCD.
Mortgage Satisfaction Amount shall have the meaning set forth in Section 7(b) hereof.
Mortgagee shall have the meaning set forth in Section 7(a) hereof.
Program Guidelines means the regulations and/or guidelines issued for the applicable Program and controlling its operations, as amended from time to time.
Resale Fee means a fee of 2% of the Base Income Number (at the time of resale) multiplied by the Resale Price Multiplier, to be paid to the Monitoring Agent as compensation for monitoring and enforcing compliance with the terms of this Deed Rider, including the supervision of the resale process.
Resale Price Certificate means the certificate issued as may be specified in the Regulatory Agreement and recorded with the first deed of the Property from the Developer, or the subsequent certificate (if any) issued as may be specified in the Regulatory Agreement, which sets forth the Resale Price Multiplier to be applied on the Owner’s sale of the Property, as provided herein, for so long as the restrictions set forth herein continue. In the absence of contrary specification in the Regulatory Agreement the Monitoring Agent shall issue the certificate.
Resale Price Multiplier means the number calculated by dividing the Property’s initial sale price by the Base Income Number at the time of the initial sale from the Developer to the first Eligible Purchaser. The Resale Price Multiplier will be multiplied by the Base Income Number at the time of the Owner’s resale of the Property to determine the Maximum Resale Price on such conveyance subject to adjustment for the Resale Fee, marketing expenses and Approved Capital Improvements. In the event that the purchase price paid for the Property by the Owner includes such an adjustment a new Resale Price Multiplier will be recalculated by the Monitoring Agent by dividing the purchase price so paid by the Base Income Number at the time of such purchase,
4
and a new Resale Price Certificate will be issued and recorded reflecting the new Resale Price Multiplier. A Resale Price Multiplier of ______is hereby assigned to the Property.
Term means in perpetuity, unless earlier terminated by (i) the termination of the term of affordability set forth in the Regulatory Agreement or Comprehensive Permit, whichever is longer; or (ii) the recording of a Compliance Certificate and a new Deed Rider executed by the purchaser in form and substance substantially identical to this Deed Rider establishing a new term.
2. Owner-Occupancy/Principal Residence. The Property shall be occupied and used by the Owner’s household exclusively as his, her or their principal residence. Any use of the Property or activity thereon which is inconsistent with such exclusive residential use is expressly prohibited.
3. Restrictions Against Leasing, Refinancing and Junior Encumbrances. The Property shall not be leased, rented, refinanced, encumbered (voluntarily or otherwise) or mortgaged without the prior written consent of the Monitoring Agent; provided that this provision shall not apply to a first mortgage granted on the date hereof in connection with this conveyance from Grantor to Owner securing indebtedness not greater than one hundred percent (100%) of the purchase price. Any rents, profits, or proceeds from any transaction described in the preceding sentence which transaction has not received the requisite written consent of the Monitoring Agent shall be paid upon demand by Owner to the Municipality for deposit to its Affordable Housing Fund. The Monitoring Agent or Municipality may institute proceedings to recover such rents, profits or proceeds, and costs of collection, including attorneys’ fees. Upon recovery, after payment of costs, the balance shall be paid to the Municipality for deposit to its Affordable Housing Fund. In the event that the Monitoring Agent consents for good cause to any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents, profits or proceeds from such transaction, which exceed the actual carrying costs of the Property as determined by the Monitoring Agent, shall be paid to the Municipality for deposit to its Affordable Housing Fund.
4. Options to Purchase. (a) When the Owner or any successor in title to the Owner shall desire to sell, dispose of or otherwise convey the Property, or any portion thereof, the Owner shall notify the Monitoring Agent and the Municipality in writing of the Owner’s intention to so convey the Property (the "Conveyance Notice"). Upon receipt of the Conveyance Notice, the Monitoring Agent shall (i) calculate the Maximum Resale Price which the Owner may receive on the sale of the Property based upon the Base Income Number in effect as of the date of the Conveyance Notice and the Resale Price Multiplier set forth in the most recently recorded Resale Price Certificate together with permissible adjustments for the Resale Fee, marketing expenses and Approved Capital Improvements (as discounted), and (ii) promptly begin marketing efforts. The Owner shall fully cooperate with the Monitoring Agent’s efforts to locate an Eligible Purchaser and, if so requested by the Monitoring Agent, shall hire a broker selected by the Monitoring Agent to assist in locating an Eligible Purchaser ready, willing and able to purchase the Property at the Maximum Resale Price after entering a purchase and sale
5 agreement. Pursuant to such agreement, sale to the Eligible Purchaser at the Maximum Resale Price shall occur within ninety (90) days after the Monitoring Agent receives the Conveyance Notice or such further time as reasonably requested to arrange for details of closing. If the Owner fails to cooperate in such resale efforts, including a failure to agree to reasonable terms in the purchase and sale agreement, the Monitoring Agent may extend the 90-day period for a period commensurate with the time the lack of cooperation continues, as determined by the Monitoring Agent in its reasonable discretion. In such event, the Monitoring Agent shall give Owner written notice of the lack of cooperation and the length of the extension added to the 90- day period.
(b) The Monitoring Agent shall ensure that diligent marketing efforts are made to locate an Eligible Purchaser ready, willing and able to purchase the Property at the Maximum Resale Price within the time period provided in subsection (a) above and to enter the requisite purchase and sale agreement. If more than one Eligible Purchaser is located, the Monitoring Agent shall conduct a lottery or other like procedure to determine which Eligible Purchaser shall be entitled to enter a purchase and sale agreement with Owner and to purchase the Property. Preference shall be given to Appropriate Size Households. The procedure for marketing and selecting an Eligible Purchaser shall be approved as provided in the Regulatory Agreement and any applicable Program Guidelines. If an Eligible Purchaser is located within ninety (90) days after receipt of the Conveyance Notice, but such Eligible Purchaser proves unable to secure mortgage financing so as to be able to complete the purchase of the Property pursuant to the purchase and sale agreement, following written notice to Owner within the 90-day period the Monitoring Agent shall have an additional sixty (60) days to locate another Eligible Purchaser who will enter a purchase and sale agreement and purchase the Property by the end of such sixty (60)-day period or such further time as reasonably requested to carry out the purchase and sale agreement.
(c) In lieu of sale to an Eligible Purchaser, the Monitoring Agent or the Municipality or designee shall also have the right to purchase the Property at the Maximum Resale Price, in which event the purchase and sale agreement shall be entered, and the purchase shall occur within ninety (90) days after receipt of the Conveyance Notice or, within the additional sixty (60)-day period specified in subsection (b) above, or such further time as reasonably requested to carry out the purchase and sale agreement. Any lack of cooperation by Owner in measures reasonably necessary to effect the sale shall extend the 90-day period by the length of the delay caused by such lack of cooperation. The Monitoring Agent shall promptly give Owner written notice of the lack of cooperation and the length of the extension added to the 90-day period. In the event of such a sale to the Monitoring Agent or Municipality or designee, the Property shall remain subject to this Deed Rider and shall thereafter be sold or rented to an Eligible Purchaser as may be more particularly set forth in the Regulatory Agreement.
(d) If an Eligible Purchaser fails to purchase the Property within the 90-day period (or such further time determined as provided herein) after receipt of the Conveyance Notice, and the Monitoring Agent or Municipality or designee does not purchase the Property during said period, then the Owner may convey the Property to an Ineligible Purchaser no earlier than thirty (30) days after the end of said period at the Maximum Resale Price, but subject to all rights and
6
restrictions contained herein; provided that the Property shall be conveyed subject to a Deed Rider identical in form and substance to this Deed Rider which the Owner agrees to execute, to secure execution by the Ineligible Purchaser and to record with the Deed; and further provided that, if more than one Ineligible Purchaser is ready, willing and able to purchase the Property the Owner will give preference and enter a purchase and sale agreement with any individuals or households identified by the Monitoring Agent as an Appropriate Size Household earning more than eighty percent (80%) but less than one hundred twenty percent (120%) of the Area Median Income.
(e) The priority for exercising the options to purchase contained in this Section 4 shall be as follows: (i) an Eligible Purchaser located and selected by the Monitoring Agent, as provided in subsection (b) above, (ii) the Municipality or its designee, as provided in subsection (c) above, and (iii) an Ineligible Purchaser, as provided in subsection (d) above.
(f) Nothing in this Deed Rider or the Regulatory Agreement constitutes a promise, commitment or guarantee by DHCD, MassHousing, the Municipality or the Monitoring Agent that upon resale the Owner shall actually receive the Maximum Resale Price for the Property or any other price for the Property.
(g) The holder of a mortgage on the Property is not obligated to forbear from exercising the rights and remedies under its mortgage, at law or in equity, after delivery of the Conveyance. Notice.
5. Delivery of Deed. (a) In connection with any conveyance pursuant to an option to purchase as set forth in Section 4 above, the Property shall be conveyed by the Owner to the selected purchaser by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except (i) such taxes for the then current year as are not due and payable on the date of delivery of the deed, (ii) any lien for municipal betterments assessed after the date of the Conveyance Notice, (iii) provisions of local building and zoning laws, (iv) all easements, restrictions, covenants and agreements of record specified in the deed from the Owner to the selected purchaser, (v) such additional easements, restrictions, covenants and agreements of record as the selected purchaser consents to, such consent not to be unreasonably withheld or delayed, (vi) the Regulatory Agreement, and (vii), except as otherwise provided in the Compliance Certificate, a Deed Rider identical in form and substance to this Deed Rider which the Owner hereby agrees to execute, to secure execution by the selected purchaser, and to record with the deed. Said deed shall clearly state that it is made subject to the Deed Rider which is made part of the deed. Failure to comply with the preceding sentence shall not affect the validity of the conveyance from the Owner to the selected purchaser or the enforceability of the restrictions herein.
(b) Said deed, including the approved Deed Rider, shall be delivered and the purchase price paid (the "Closing") at the Registry, or at the option of the selected purchaser, exercised by written notice to the Owner at least five (5) days prior to the delivery of the deed, at such other place as the selected purchaser may designate in said notice. The Closing shall occur at such
7
time and on such date as shall be specified in a written notice from the selected purchaser to the Owner, which date shall be at least five (5) days after the date on which such notice is given, and no later than the end of the time period specified in Section 4(a) above.
(c) To enable Owner to make conveyance as herein provided, Owner may, if Owner so desires at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, all instruments with respect thereto to be recorded simultaneously with the delivery of said deed. Nothing contained herein as to the Owner’s obligation to remove defects in title or to make conveyance or to deliver possession of the Property in accordance with the terms hereof, as to use of proceeds to clear title or as to the election of the selected purchaser to take title, nor anything else in this Deed Rider shall be deemed to waive, impair or otherwise affect the priority of the rights herein over matters appearing of record, or occurring, at any time after the recording of this Deed Rider, all such matters so appearing or occurring being subject and subordinate in all events to the rights herein.
(d) Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of Closing and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the selected purchaser.
(e) Full possession of the Property free from all occupants is to be delivered at the time of the Closing, the Property to be then in the same condition as it is in on the date of the execution of the purchase and sale agreement, reasonable wear and tear only excepted.
(f) If Owner shall be unable to give title or to make conveyance as above required, or if any change of condition in the Property not included in the above exception shall occur, then Owner shall be given a reasonable time not to exceed thirty (30) days after the date on which the Closing was to have occurred in which to remove any defect in title or to restore the Property to the condition herein required. The Owner shall use best efforts to remove any such defects in the title, whether voluntary or involuntary, and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The Closing shall occur fifteen (15) days after notice by Owner that such defect has been cured or that the Property has been so restored. The selected purchaser shall have the election, at either the original or any extended time for performance, to accept such title as the Owner can deliver to the Property in its then condition and to pay therefor the purchase price without deduction, in which case the Owner shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been damaged by fire or casualty insured against or if a portion of the Property shall have been taken by a public authority, then the Owner shall, unless the Owner has previously restored the Property to its former condition, either:
(A) pay over or assign to the selected purchaser, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts reasonably expended by the Owner for any partial restoration, or
8
(B) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned, give to the selected purchaser a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Owner for any partial restoration.
6. Resale and Transfer Restrictions. (a) Except as otherwise provided herein, the Property or any interest therein shall not at any time be sold by the Owner, or the Owner’s successors and assigns, and no attempted sale shall be valid, unless the aggregate value of all consideration and payments of every kind given or paid by the selected purchaser of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property, and unless a certificate (the "Compliance Certificate") is obtained and recorded, signed and acknowledged by the Monitoring Agent which Compliance Certificate refers to the Property, the Owner, the selected purchaser thereof, and the Maximum Resale Price therefor, and states that the proposed conveyance, sale or transfer of the Property to the selected purchaser is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider, and unless there is also recorded a new Deed Rider executed by the selected purchaser, which new Deed Rider is identical in form and substance to this Deed Rider.
(b) The Owner, any good faith purchaser of the Property, any lender or other party taking a security interest in such Property and any other third party may rely upon a Compliance Certificate as conclusive evidence that the proposed conveyance, sale or transfer of the Property to the selected purchaser is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider, and may record such Compliance Certificate in connection with the conveyance of the Property.
(c) Within ten (10) days of the closing of the conveyance of the Property from the Owner to the selected purchaser, the Owner shall deliver to the Monitoring Agent a copy of the Deed of the Property, including the deed rider, together with recording information. Failure of the Owner, or Owner’s successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance or the enforceability of the restrictions herein.
7. Survival of Restrictions Upon Exercise of Remedies by Mortgagees. (a) The holder of record of any mortgage on the Property (each, a “Mortgagee”) shall notify the Monitoring Agent, the Municipality and any senior Mortgagee(s) in the event of any default for which the Mortgagee intends to commence foreclosure proceedings or similar remedial action pursuant to its mortgage (the “Foreclosure Notice”), which notice shall be sent to the Monitoring Agent and the Municipality as set forth in this Deed Rider, and to the senior Mortgagee(s) as set forth in such senior Mortgagee’s mortgage, not less than one hundred twenty (120) days prior to the foreclosure sale or the acceptance of a deed in lieu of foreclosure. The Owner expressly agrees to the delivery of the Foreclosure Notice and any other communications and disclosures made by the Mortgagee pursuant to this Deed Rider.
9
(b) The Owner grants to the Municipality or its designee the right and option to purchase the Property upon receipt by the Municipality of the Foreclosure Notice. In the event that the Municipality intends to exercise its option, the Municipality or its designee shall purchase the Property within one hundred twenty (120) days of receipt of such notice, at a price equal to the greater of (i) the sum of the outstanding principal balance of the note secured by such foreclosing Mortgagee’s mortgage, together with the outstanding principal balance(s) of any note(s) secured by mortgage(s) senior in priority to such mortgage (but in no event shall the aggregate amount thereof be greater than one hundred percent (100%) of the Maximum Resale Price calculated at the time of the granting of the mortgage) plus all future advances, accrued interest and all reasonable costs and expenses which the foreclosing Mortgagee and any senior Mortgagee(s) are entitled to recover pursuant to the terms of such mortgages (the “Mortgage Satisfaction Amount”), and (ii) the Maximum Resale Price (which for this purpose may be less than the purchase price paid for the Property by the Owner)(the greater of (i) and (ii) above herein referred to as the “Applicable Foreclosure Price”). The Property shall be sold and conveyed in its then-current “as is, where is” condition, without representation or warranty of any kind, direct or indirect, express or implied, and with the benefit of and subject to all rights, rights of way, restrictions, easements, covenants, liens, improvements, housing code violations, public assessments, any and all unpaid federal or state taxes (subject to any rights of redemption for unpaid federal taxes), municipal liens and any other encumbrances of record then in force and applicable to the Property having priority over such foreclosing Mortgagee’s mortgage, and further subject to a Deed Rider identical in form and substance to this Deed Rider which the Owner hereby agrees to execute, to secure execution by the Municipality or its designee, and to record with the deed, except that (i) during the term of ownership of the Property by the Municipality or its designee the owner-occupancy requirements of Section 2 hereof shall not apply (unless the designee is an Eligible Purchaser), and (ii) the Maximum Resale Price shall be recalculated based on the price paid for the Property by the Municipality or its designee, but not greater than the Applicable Foreclosure Price. Said deed shall clearly state that it is made subject to the Deed Rider which is made part of the deed. Failure to comply with the preceding sentence shall not affect the validity of the conveyance from the Owner to the Municipality or its designee or the enforceability of the restrictions herein.
(c) Not earlier than one hundred twenty (120) days following the delivery of the Foreclosure Notice to the Monitoring Agent, the Municipality and any senior Mortgagee(s) pursuant to subsection (a) above, the foreclosing Mortgagee may conduct the foreclosure sale or accept a deed in lieu of foreclosure. The Property shall be sold and conveyed in its then-current “as is, where is” condition, without representation or warranty of any kind, direct or indirect, express or implied, and with the benefit of and subject to all rights, rights of way, restrictions, easements, covenants, liens, improvements, housing code violations, public assessments, any and all unpaid federal or state taxes (subject to any rights of redemption for unpaid federal taxes), municipal liens and any other encumbrances of record then in force and applicable to the Property having priority over the foreclosing Mortgagee’s mortgage, and further subject to a Deed Rider, as set forth below.
10
(d) In the event that the foreclosing Mortgagee conducts a foreclosure sale or other proceeding enforcing its rights under its mortgage and the Property is sold for a price in excess of the greater of the Maximum Resale Price and the Mortgage Satisfaction Amount, such excess shall be paid to the Municipality for its Affordable Housing Fund after (i) a final judicial determination, or (ii) a written agreement of all parties who, as of such date hold (or have been duly authorized to act for other parties who hold) a record interest in the Property, that the Municipality is entitled to such excess. The legal costs of obtaining any such judicial determination or agreement shall be deducted from the excess prior to payment to the Municipality. To the extent that the Owner possesses any interest in any amount which would otherwise be payable to the Municipality under this paragraph, to the fullest extent permissible by law, the Owner hereby assigns its interest in such amount to the Mortgagee for payment to the Municipality.
(e) If any Mortgagee shall acquire the Property by reason of foreclosure or upon conveyance of the Property in lieu of foreclosure, then the rights and restrictions contained herein shall apply to such Mortgagee upon such acquisition of the Property and to any purchaser of the Property from such Mortgagee, and the Property shall be conveyed subject to a Deed Rider identical in form and substance to this Deed Rider, which the Mortgagee that has so acquired the Property agrees to annex to the deed and to record with the deed, except that (i) during the term of ownership of the Property by such Mortgagee the owner-occupancy requirements of Section 2 hereof shall not apply, and (ii) the Maximum Resale Price shall be recalculated based on the price paid for the Property by such Mortgagee at the foreclosure sale, but not greater than the Applicable Foreclosure Price. Said deed shall clearly state that it is made subject to the Deed Rider which is made part of the deed. Failure to comply with the preceding sentence shall not affect the validity of the conveyance to the Mortgagee or the enforceability of the restrictions herein.
(f) If any party other than a Mortgagee shall acquire the Property by reason of foreclosure or upon conveyance of the Property in lieu of foreclosure, the Property shall be conveyed subject to a Deed Rider identical in form and substance to this Deed Rider, which the foreclosing Mortgagee agrees to annex to the deed and to record with the deed, except that (i) if the purchaser at such foreclosure sale or assignee of a deed in lieu of foreclosure is an Ineligible Purchaser, then during the term of ownership of the Property by such Ineligible Purchaser, the owner-occupancy requirements of Section 2 hereof shall not apply, and (ii) the Maximum Resale Price shall be recalculated based on the price paid for the Property by such third party purchaser at the foreclosure sale, but not greater than the Applicable Foreclosure Price. Said deed shall clearly state that it is made subject to the Deed Rider which is made part of the deed. Failure to comply with the preceding sentence shall not affect the validity of the conveyance to such third party purchaser or the enforceability of the restrictions herein.
(g) Upon satisfaction of the requirements contained in this Section 7, the Monitoring Agent shall issue a Compliance Certificate to the foreclosing Mortgagee which, upon recording in the Registry, may be relied upon as provided in Section 6(b) hereof as conclusive evidence
11
that the conveyance of the Property pursuant to this Section 7 is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider.
(h) The Owner understands and agrees that nothing in this Deed Rider or the Regulatory Agreement (i) in any way constitutes a promise or guarantee by MassHousing, DHCD, the Municipality or the Monitoring Agent that the Mortgagee shall actually receive the Mortgage Satisfaction Amount, the Maximum Resale Price for the Property or any other price for the Property, or (ii) impairs the rights and remedies of the Mortgagee in the event of a deficiency.
(i) If a Foreclosure Notice is delivered after the delivery of a Conveyance Notice as provided in Section 4(a) hereof, the procedures set forth in this Section 7 shall supersede the provisions of Section 4 hereof.
8. Covenants to Run With the Property. (a) This Deed Rider, including all restrictions, rights and covenants contained herein, is an affordable housing restriction as that term is defined in Section 31 of Chapter 184 of the Massachusetts General Laws, having the benefit of Section 32 of such Chapter 184, and is enforceable as such. This Deed Rider has been approved by the Director of DHCD.
(b) In confirmation thereof the Grantor and the Owner intend, declare and covenant (i) that this Deed Rider, including all restrictions, rights and covenants contained herein, shall be and are covenants running with the land, encumbering the Property for the Term, and are binding upon the Owner and the Owner’s successors in title and assigns, (ii) are not merely personal covenants of the Owner, and (iii) shall enure to the benefit of and be enforceable by the Municipality, the Monitoring Agent and DHCD and their successors and assigns, for the Term. Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts have been satisfied in order for the provisions of this Deed Rider to constitute restrictions and covenants running with the land and that any requirements of privity of estate have been satisfied in full. 9. Notice. Any notices, demands or requests that may be given under this Deed Rider shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail, postage prepaid, return receipt requested, to the following entities and parties in interest at the addresses set forth below, or such other addresses as may be specified by any party (or its successor) by such notice.
Municipality:
Grantor:
Owner: 12
Monitoring Agent[s] (1) Director, Local Initiative Program DHCD 100 Cambridge Street Suite 300 Boston, MA 02114
(2)
Others:
Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 10. Further Assurances. The Owner agrees from time to time, as may be reasonably required by the Monitoring Agent, to furnish the Monitoring Agent upon its request with a written statement, signed and, if requested, acknowledged, setting forth the condition and occupancy of the Property, information concerning the resale of the Property and other material information pertaining to the Property and the Owner's conformance with the requirements of the Comprehensive Permit, Program and Program Guidelines, as applicable. 11. Enforcement. (a) The rights hereby granted shall include the right of the Municipality and the Monitoring Agent to enforce this Deed Rider independently by appropriate legal proceedings and to obtain injunctive and other appropriate relief on account of any violations including without limitation relief requiring restoration of the Property to the condition, affordability or occupancy which existed prior to the violation impacting such condition, affordability or occupancy (it being agreed that there shall be no adequate remedy at law for such violation), and shall be in addition to, and not in limitation of, any other rights and remedies available to the Municipality and the Monitoring Agent.
(b) Without limitation of any other rights or remedies of the Municipality and the Monitoring Agent, or their successors and assigns, in the event of any sale, conveyance or other transfer or occupancy of the Property in violation of the provisions of this Deed Rider, the Municipality and Monitoring Agent shall be entitled to the following remedies, which shall be cumulative and not mutually exclusive:
13
(i) specific performance of the provisions of this Deed Rider;
(ii) money damages for charges in excess of the Maximum Resale Price, if applicable;
(iii) if the violation is a sale of the Property to an Ineligible Purchaser except as permitted herein, the Monitoring Agent and the Municipality shall have the option to locate an Eligible Purchaser to purchase or itself purchase the Property from the Ineligible Purchaser on the terms and conditions provided herein; the purchase price shall be a price which complies with the provisions of this Deed Rider; specific performance of the requirement that an Ineligible Purchaser shall sell, as herein provided, may be judicially ordered.
(iv) the right to void any contract for sale or any sale, conveyance or other transfer of the Property in violation of the provisions of this Deed Rider in the absence of a Compliance Certificate, by an action in equity to enforce this Deed Rider; and
(v) money damages for the cost of creating or obtaining a comparable dwelling unit for an Eligible Purchaser.
(c) In addition to the foregoing, the Owner hereby agrees and shall be obligated to pay all fees and expenses (including legal fees) of the Monitoring Agent and/or the Municipality in the event successful enforcement action is taken against the Owner or Owner’s successors or assigns. The Owner hereby grants to the Monitoring Agent and the Municipality a lien on the Property, junior to the lien of any institutional holder of a first mortgage on the Property, to secure payment of such fees and expenses in any successful enforcement action. The Monitoring Agent and the Municipality shall be entitled to seek recovery of fees and expenses incurred in a successful enforcement action of this Deed Rider against the Owner and to assert such a lien on the Property to secure payment by the Owner of such fees and expenses. Notwithstanding anything herein to the contrary, in the event that the Monitoring Agent and/or Municipality fails to enforce this Deed Rider as provided in this Section, DHCD, if it is not named as Monitoring Agent, shall have the same rights and standing to enforce this Deed Rider as the Municipality and Monitoring Agent.
(d) The Owner for himself, herself or themselves and his, her or their successors and assigns, hereby grants to the Monitoring Agent and the Municipality the right to take all actions with respect to the Property which the Monitoring Agent or Municipality may determine to be necessary or appropriate pursuant to applicable law, court order, or the consent of the Owner to prevent, remedy or abate any violation of this Deed Rider.
12. Monitoring Agent Services; Fees. The Monitoring Agent shall monitor compliance of the Project and enforce the requirements of this Deed Rider. As partial compensation for providing these services, a Resale Fee [√] shall [ ] shall not be payable to the Monitoring Agent on the sale of the Property to an Eligible Purchaser or any other purchaser in
14
accordance with the terms of this Deed Rider. This fee, if imposed, shall be paid by the Owner herein as a closing cost at the time of Closing, and payment of the fee to the Monitoring Agent shall be a condition to delivery and recording of its certificate, failing which the Monitoring Agent shall have a claim against the new purchaser, his, her or their successors or assigns, for which the Monitoring Agent may bring an action and may seek an attachment against the Property.
13. Actions by Municipality. Any action required or allowed to be taken by the Municipality hereunder shall be taken by the Municipality’s Chief Executive Officer or designee.
14. Severability. If any provisions hereof or the application thereof to any person or circumstance are judicially determined, to any extent, to be invalid or unenforceable, the remainder hereof, or the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby.
15. Independent Counsel. THE OWNER ACKNOWLEDGES THAT HE, SHE, OR THEY HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND HAS HAD THE OPPORTUNITY TO CONSULT LEGAL AND FINANCIAL ADVISORS OF HIS, HER OR THEIR CHOOSING REGARDING THE EXECUTION, DELIVERY AND PERFORMANCE OF THE OBLIGATIONS HEREUNDER.
16. Binding Agreement. This Deed Rider shall bind and inure to the benefit of the persons, entities and parties named herein and their successors or assigns as are permitted by this Deed Rider.
17. Amendment. This Deed Rider may not be rescinded, modified or amended, in whole or in part, without the written consent of the Monitoring Agent, the Municipality and the holder of any mortgage or other security instrument encumbering all or any portion of the Property, which written consent shall be recorded with the Registry.
Executed as a sealed instrument this day of , 200 .
Grantor: Owner:
By By
15
COMMONWEALTH OF MASSACHUSETTS
______County, ss.
On this ____ day of ______, 200__, before me, the undersigned notary public, personally appeared ______, the ______of ______in its capacity as the ______of ______, proved to me through satisfactory evidence of identification, which was [a current driver’s license] [a current U.S. passport] [my personal knowledge], to be the person whose name is signed on the preceding instrument and acknowledged the foregoing instrument to be his or her free act and deed and the free act and deed of ______as ______of ______.
______Notary Public My commission expires:
COMMONWEALTH OF MASSACHUSETTS
______County, ss.
On this ____ day of ______, 200__, before me, the undersigned notary public, personally appeared ______, the ______of ______in its capacity as the ______of ______, proved to me through satisfactory evidence of identification, which was [a current driver’s license] [a current U.S. passport] [my personal knowledge], to be the person whose name is signed on the preceding instrument and acknowledged the foregoing instrument to be his or her free act and deed and the free act and deed of ______as ______of ______.
______Notary Public My commission expires:
16 ATTACHMENT 3-Project Sponsor documents
ATTACHMENT 4-MEPA
ATTACHMENT 5-Deed & Mortgage
ATTACHMENT 6-Marketing Plan Habitat for Humanity of Cape Cod 411 Main Street, Suite 6, Yarmouth Port, MA 02675 Telephone: 508‐362‐3559 FAX: 508‐362‐3569
TBA DATE Application for 1 Home 15 Quanset Road in Orleans HOUSEHOLD INFORMATION Applicant’s Name: Co‐Applicant’s Name:
Date of Birth: / / Date of Birth: / / Married Separated Unmarried Married Separated Unmarried Present Address: Present Address:
Mailing Address (if different from above): Mailing Address (if different from above):
Home Phone #: Home Phone #: Work Phone #: Work Phone #: Cell Phone #: Cell Phone #: e‐mail: e‐mail: Include the names of any child or adults (other than the applicants) who will live with you in your Habitat home: Name Age M F Name Age M F
PRESENT HOUSING CONDITION Number of bedrooms where you currently live: 1 2 3 4 5 Other rooms where you currently live: kitchen dining room living room bathrooms #_____ Are utilities included in your rent? No Yes If yes: heat electric cable internet Current Landlord Name: Address: Phone:
If you have lived at your current address less than two years, previous landlord info: Name: Address: Phone:
No local preference for the town of Orleans.
Will you, or a member of your family, require handicap access or modifications? Yes No (If, due to a severe medical condition, a couple will require separate bedrooms, a statement and medical documentation from your physician are required to be submitted with this application.) A HOUSING NEED STATEMENT: On a separate sheet of paper, clearly state why you need a Habitat home. See the applicant checklist for details about what you should include.
1
INCOME INFORMATION Please include income from ALL household members age 18 or older who receive income. Any dependent household members between the ages of 18 and 25 who are students need to supply documentation of their full‐time student status. Add another page, if needed to write details. Applicant Applicant Co‐Applicant Co‐Applicant
Job (1) Job (2) Job (1) Job (2) Gross Monthly Pay Net Monthly Pay Hours Regularly Worked Per Week Average Overtime Worked Year‐round or Seasonal (start &
end dates), # of hours per day Your Position or Title
Employer’s Name and Address
Phone Number
Person and address to receive
Verification of Employment Form
If employed less than three years at primary job, add details of previous employment, including name/address/phone number of the contact person, on a separate sheet of paper. OTHER INCOME: Indicate monthly income of any sources that apply to your family (for example: TAFDC, EAEDC, Workman’s Compensation, Veteran’s Benefits, Child Support, Alimony, Unemployment Compensation, Social Security Benefits, Pension Income, Disability Income, Investment Income, or other income (please specify). Source of Income Monthly Amount: Source of Income Monthly Amount: Unemployment Child Support/Alimony: Compensation: Social Security Payments: Pension Income: Disability Income: Other (please specify): Interest and Dividends: Other (please specify): I/We currently receive the following types and amounts of monthly assistance: MassHealth: Yes No Rental subsidy or voucher: $ Fuel Assistance: $ Food Stamps: $ Number of children eligible for free/reduced lunch program: Please include copies of completed and signed Federal IRS income tax statements for 2016, 2017, and 2018.
SOURCE OF CLOSING COSTS: Include a statement that explains how you will finance closing costs. See applicant checklist for details.
2
EXPENSES INFORMATION Enter dollar amount for every item, OR enter a “0” if item does not apply to applicant/co‐applicant. See applicant checklist for clarification and required documentation of expenses. Please complete every item. Cost Per Cost Per Cost Per Expense Month Expense Month Expense Month
Rent Auto Insurance Life Insurance Gas Heat (based on Cable TV Renter’s Insurance yearly average) OR Oil Heat (based Transportation Child Care on yearly average) Expenses/Gas Electric (based on Alimony/Child Job Related Expenses yearly average) Support Phones – Cell, Entertainment / Car Payment Prepaid, Landline Restaurants Food – See checklist XXX Education Internet
Clothing Medical Other) specify)
OTHER IMPORTANT INFORMATION Please circle the box that best answers the question for both applicant and co‐applicant: Applicant Co‐Applicant A Do you have any debt because of a court decision against you? YES NO YES NO B Have you been declared bankrupt within the last 7 years? YES NO YES NO C Have you had any property foreclosed on in the last 7 years? YES NO YES NO D Are you currently involved in a lawsuit? YES NO YES NO E Have you owned a home within the last three years? (If yes, YES NO YES NO provide explanation and see important information page). Answering “YES” to any of the above questions DOES NOT automatically disqualify you. If you answered “YES” to any question A through E, however, please explain on a separate sheet of paper. Do the children, listed on page one, have parents who live elsewhere? Yes No If yes, please document the custody agreement. Are you a U.S. Citizen or do you have U.S. Permanent Residency Status? Yes No You must have one or the other to be eligible for a Habitat home. See applicant checklist for required documentation.
Do you own any land? Yes No If yes, please include a description and its location
Do you own a home? Yes No
THE SWEAT EQUITY REQUIREMENT: Habitat requires 250 hours of sweat equity per adult in the household (up to 500 hours). You must explain how you will be able to complete those hours during the approximately nine‐ eleven months it will take to build your home. Enclosed is a form to complete in which you describe how you will meet that requirement. You must complete that form.
3
AUTHORIZATION AND RELEASE
I understand that, by filing this application, I am authorizing Habitat for Humanity of Cape Cod to evaluate my actual need for a Habitat home, my ability to qualify for a mortgage loan typical to Habitat homeownership, and other expenses of home ownership, and my willingness to fulfill Habitat program partnership requirements, including sweat equity and pre‐purchase courses. I understand that the evaluation will include a personal visit, a credit check, landlord checks, and employment verification. I have answered all the questions on this application truthfully. I understand that if I have not answered the questions truthfully, my application may be denied, and that even if I have already been selected to receive a Habitat home, I may be disqualified from the program. I authorize Habitat for Humanity of Cape Cod to conduct a check on my credit history, contact landlord and employment references, and check the Sex Offender Registry. The original or a copy of this application will be retained by Habitat for Humanity of Cape Cod for a limited time even if the application is not approved. All information on the Protected Information sheet is part of the application, and I am certifying that information to be complete and true.
Applicants, and other adults residing in the home, must sign below to show agreement with above paragraph. This is required for your application to be considered.
Applicant’s Signature Date Co‐Applicant’s Signature Date
Other Adult (non‐applicant) Signature Date Other Adult (non‐applicant) Signature Date If you are approved for a Habitat home, how should your name appear on legal documents?
Applicant (please print) Co‐Applicant (please print) YOUR APPLICATION CANNOT BE PROCESSED WITHOUT THE FOLLOWING INFORMATION Please refer to the Applicant Checklist for “Answering Application Questions” to see a complete list of all documentation that MUST be submitted with your application. Be sure to submit: This completed and signed application A completed copy of the checklist All the documentation required – it is listed on the checklist A signed statement by you that describes your present housing circumstances and why you have a serious need for a safe, decent, affordable house A signed statement about sweat equity and ability to pay
Deadline Date: The Application packet must be received in the Habitat Office; or postmarked on or before TBA. A mailed application must be received no later than 5 business days after the postmark. Applications may NOT be submitted by fax or email.
If you have questions or if you need help with this form, please call the Habitat office at (508) 362‐3559 x21. Application and supporting documentation should be mailed or delivered to: Habitat for Humanity of Cape Cod, 411 Main Street (Route 6A), Suite 6, Yarmouth Port, MA 02675
4
REQUIRED PROTECTED INFORMATION The following information is required. Applicant’s Name: Co‐Applicant’s Name:
Social Security Number: Social Security Number:
ASSETS List all checking / savings / CD / IRA / or 401k accounts / savings bonds / investment / stock, etc. for all household members, including minor children. Use another page if necessary. Name on Account Name of Bank/Institution, address Account Number Balance
List other assets and approximate value (make and year of cars, boats, other high‐value personal property, etc.) Item: Value: Item: Value:
DEBT Use another page for additional debt accounts, or to explain debt that is in arrears or has a payment plan. List ALL debts below (Credit Card Debt, Car Loans, Taxes in Arrears, Student Loans, Medical Debt, Etc.) Creditor and address Account number Monthly Payment Unpaid balance
I hereby certify that within the past two years (choose one) I have, or have not, disposed of assets for less than the fair market value through a sale or a gift. List assets, if necessary: ______
The above is a complete and true representation of all household assets, debts, credit and complete information as requested. Applicant’s Signature______Date______Co‐Applicant’s Signature______Date______
5
Applicant Name______(office: ______appl #)
INFORMATION FOR GOVERNMENT MONITORING PURPOSES FORM Lender: The following information is requested by the Federal Government for certain types of loans related to a dwelling, in order to monitor the Lender’s compliance with equal credit opportunity, fair housing and home mortgage disclosure laws. You are not required to furnish this information, but are encouraged to do so. The law provides that a Lender may neither discriminate on the basis of this information, nor on whether you choose to furnish it. If you furnish the information, please provide both ethnicity and race. For race, you may check more than one designation. If you do not furnish ethnicity, race, or sex, under Federal regulations, this lender is required to note the information on the basis of visual observation or surname. If you do not wish to furnish the information, please check the box below. Although disclosing minority status is optional, it is helpful in determining status for a lottery. (Lender must review the above material to assure the disclosures satisfy all requirements to which the lender is subject under applicable state law for the particular loan applied for.) *** Please check off correct info in each category and sign. THANK YOU!*** APPLICANT CO‐APPLICANT (if applicable) ___I do not wish to furnish this information ___I do not wish to furnish this information ……………………………………………………………………………………… ETHNICITY ___Hispanic or Latino ___Hispanic or Latino ___Not Hispanic or Latino ___Not Hispanic or Latino
...... RACE/MULTI RACE AND NATIONAL ORIGIN ___American Indian, Alaskan Native ___American Indian, Alaskan Native ___Asian ___Asian ___Black or African American ___Black or African American ___Native Hawaiian or Other Pacific Islander ___Native Hawaiian or Other Pacific Islander ___White ___White ___ American Indian or Alaskan Native and White ___ American Indian or Alaskan Native and White ___ Asian and White ___ Asian and White ___ Black or African American and White ___ Black or African American and White ___ Other Multiple Races ___ Other Multiple Races ___ American Indian or Alaskan Native ___ American Indian or Alaskan Native and Black or African American and Black or African American …………………………………………………………………………………………..... GENDER ___Female ___Female ___Male ___Male ……………………………………………………………………………………………. MARITAL STATUS ___ Married ___ Married ___ Separated ___ Separated ___ Unmarried (single, divorced, widowed) ___ Unmarried (single, divorced, widowed) ……………………………………………………………………………………………… VETERAN STATUS ___ US Veteran ___ US Veteran Is there any other household member who served in the armed services, or is a spouse, widow(er), parent or dependent of anyone that served in the armed services? _____Yes ______No
______Applicant Signature Co‐Applicant Signature
Or – this information was completed by interviewer: ______Signature Date
6
SWEAT EQUITY FORM
REQUIRED ATTACHMENT TO YOUR APPLICATION
Sweat Equity/ Partnership Question: Our sweat equity requirement is rigorous! Habitat homeowners as well as each adult that will live in the home are required to work 250 hours each on building the home (except for full-time college students), with a maximum of 500 hours per household. You would not be allowed to move into the home until the hours are completed. This requires approximately eight hours a week on a Habitat construction site (7:30am – 3:30pm on a Saturday or a Tuesday) during the months that the home is being built. Some weeks there will also be a required meeting or home ownership preparation workshop to attend. You do not need to be experienced in construction. We train and guide you in your sweat equity as you work side by side with other volunteers.
How will you arrange to have the time available?
How will you manage transportation to the site?
What child care arrangements will be available for you (children 14 and under are not allowed on the build site but up to 50 hours of baby-sitting time by family/friends can count toward your sweat equity hours)?
If any condition (disability) will restrict some aspect of your participation on the construction site, list the specific medical restrictions your doctor has given you that will limit which tasks you are assigned. How will you be able to participate?
OR If a disability of a dependent household member (because of their extraordinary or specialized care needs) may severely challenge your ability to personally perform the total number of hours usually required by adult household members, you may request a modification in the percentage of hours that may be done by friends and family. 1. Provide documentation of the disability from the physician. 2. Describe how the care they need (while you are absent) is more specialized than general babysitting. 3. How much extra help will you need from your friends and family to complete your sweat equity?
Or circle: Not Applicable – if you have no medical restrictions to your participation.
______Signed Date
______Signed Date
(USE REVERSE SIDE AS NEEDED)
7
Habitat for Humanity of Cape Cod 411 Main Street – Suite 6 • Yarmouth Port, MA 02675 508‐362‐3559 • fax 508‐362‐3569 • www.habitatcapecod.org
AUTHORIZATION TO RELEASE INFORMATION To: ______RE: ______I, and/or adults in my household, have applied for housing and a mortgage from Habitat for Humanity of Cape Cod (HHCC). As part of the process or in considering my household for a Habitat for Humanity home and a Habitat mortgage, HHCC may verify information contained in my application. I, or another adult in my household, authorize you to provide HHCC for verification purposes the following applicable information: Past and present employment or income records Bank account, stock holdings, and any other asset balances Past and present landlord references Other consumer credit references
I further authorize HHCC to order a consumer credit report and verify other credit information. I understand that under the Right to Financial Privacy Act of 1978, 12 U.S.C. 3401, et seq., HHCC is authorized to access my financial records held by financial institutions in connection with the consideration or administration of assistance to me. I also understand that financial records involving my home loan application will be available to HHCC without further notice or authorization, but will not be disclosed or released by HHCC to another Government agency or department or used for another purpose without my consent except as required or permitted by law. This authorization is valid for the life of the loan. The information HHCC obtains is only to be used to process my application for a Habitat home and for a Habitat for Humanity home related loan. I acknowledge that I have received a copy of the Privacy Notice. A copy of this authorization may be accepted as an original. Your prompt reply is appreciated.
_X______Signature (Applicant or Adult Household Member) Date _X______Signature (Applicant or Adult Household Member) Date _X______Signature (Applicant or Adult Household Member) Date
8
APPLICANT: Please fill out box 1 (the correct name and mailing address of your employer), box 7, and sign in box 8. Return this form to Habitat with your home application. We will mail it to your employer. Copy this form as needed if there is more than one employer listed on your application.
Request for Verification of Employment
Privacy Act Notice: This information is to be used by the agency collecting it or its assignees in determining whether you qualify as a prospective mortgagor under its program. It will not be disclosed outside the agency except as required and permitted by law. You do not have to provide this information, but if you do not your application for approval as a prospec‐ tive mortgagor or borrower may be delayed or rejected. The information requested in this form is authorized by Title 38, Chapter 37 (if VA); by 12 USC, Section 1701 et. seq. (if HUD/FHA); by 42 USC, Section 1452b (if HUD/CPD); and Title 42 USC, 1471 et. seq., or 7 USC, 1921 et. seq. (if USDA/FmHA).
Instructions: Lender – Complete Items 1 through 7. Have applicant complete item 8. Forward directly to employer named in item 1. Employer – Please complete either Part II or Part III as applicable. Complete Part IV and return directly to lender named in item 2.
The form is to be transmitted directly to the lender and is not to be transmitted through the applicant or any other party. Part I –Request 1. To (name and address of employer) 2. From (Name and address of lender) Habitat for Humanity of Cape Cod 411 Main Street, Suite 6 Yarmouth Port, MA 02675 I certify that this verification has been sent directly to the employer and has not passed through the hands of the applicant or any interested party. 3. Signature of Lender 4. Title 5. Date 6. Lender’s Number Executive Director (Optional)
I have applied for a mortgage loan and stated that I am now or was formerly employed by you. My signature below authorizes verification of this information. 7. Name and Address of Applicant (include employee or badge number) 8. Signature of Applicant
Part II – Verification of Present Employment 9. Applicant’s Date of Employment 10. Present Position 11. Probability of Continued Employment
12A. Current Gross Base Pay (Enter Amount and Check Period) 13. For Military Personnel Only Annual Hourly Pay Grade 14. If Overtime or Bonus is Applicable, Monthly Other (Specify) Type Monthly Amount Is Its Continuance Likely? $______Weekly Base Pay $ Overtime Yes No 12B. Gross Earnings Bonus Yes No Type Year to Date 2018 2017 Rations $ 15. If paid hourly – average hours per Through______Fight or week Base Pay $ $ $ Hazard $ 16. Date of applicant’s next pay increase Clothing $
Overtime $ $ $ Quarters $ 17. Projected amount of next pay increase
Commissions $ $ $ Pro Pay $
Overseas or 18. Date of applicant’s last pay increase Bonus $ $ $ Combat $
Variable Housing 19. Amount of last pay increase Total $ $ $ Allowance $
20. Remarks (If employee was off work for any length of time, please indicate the time period and reason)
Part III – Verification of Previous Employment 21. Date Hired 23. Salary/Wage at Termination Per (Year) (Month) (Week) 22. Date Terminated Base ______Overtime ______Commissions ______Bonus ______24. Reason for Leaving 25. Position Held
Part IV - Authorized Signature ‐ Federal statutes provide severe penalties for any fraud, intentional misrepresentation, or criminal connivance or conspiracy purposed to influence the issuance of any guaranty or insurance by the VA Secretary, the U.S.D.A., FmHA/FHA Commissioner, or The HUD/CPD Assistant Secretary. 26. Signature of Employer 27. Title (Please print or type) 28. Date
29. Print or type name signed in item 26 30. Phone No.
Fannie Mae Form 1005 July 96 9
Affordable Home Ownership Opportunity Applying For One Habitat for Humanity Home At 15 Quanset Road, in Orleans
You may be eligible for a Habitat home, if: You are in critical need of year round affordable housing, and You are willing to complete the required “sweat equity” on your home and other Habitat projects (500 hours for a two adult household – 250 hours for a one adult household), and You are eligible, under the income and asset limits, and You are able to make housing payments of approximately $655 and You are unable to qualify for conventional mortgage financing for a market rate home, and You are a first time home buyer (some exceptions apply; see application packet for more information) You are a U.S. Citizen or Permanent Resident.
Application period: Applications will be available beginning TBA We accept applications during a 60-day period, until TBA Completed applications, with required documentation, must be received at the Yarmouth Port Habitat office by the deadline listed on the application.
Applications will be available at public locations in the town of Orleans, at the Habitat office, online at the Habitat website, and by mail. Call Habitat at 508-362-3559 when the application period opens, to request an application mailed to you.
Check www.habitatcapecod.org for more information, or contact: Mary Ann Mills-Lassiter, Family Programs Manager at 508-362-3559 X21 or [email protected]
Information about Habitat for Humanity Homes
How many? What size? What else should I know? We will be building 1 home: a 2-bedroom ranch style. • We anticipate home construction to take about 10 to 12 months from wall raising day. • There will be no home owners association. • The home will have town water with a private septic system. • Pending funding commitments, we hope to have photovoltaic solar panels on the two homes. • Each home will have a paved driveway, full basement, front porch, and come equipped with kitchen appliances (stove, refrigerator, dishwasher), laundry appliances (washer and dryer), and air-source heat pumps for heating, cooling and hot water.
Sample House Price and Monthly Payment – Estimated* 2-Bedroom House Price $141,250 Principal Payment $455 Escrow Payment* $200 Total Monthly Payment* $655 *These are sample estimates for monthly principal, property taxes, and insurance. Actual costs will vary. Because we cannot accurately project an occupancy date, we urge applicants to maintain the best housing circumstances possible until their new house is ready.
Reasonable Accommodation: If, because of the disability of a household member your family needs consideration of a modification to the home or some aspect of our program, please add this request to your application.
1
What You Should Know About Building a Home with Habitat for Humanity
Income Eligibility Maximum income eligibility is household income at or below 65% of area median income by household size for the home.
60% of Area Median Income by Family Size Effective April 1, 2019 (Adjusted annually by HUD/FHLBB)
Family Size 60% Family Size 60% 1 $38,460 5 $59,340 2 $43,920 6 $63,720 3 $49,440 7 $68,100 4 $54,900 8 $72,480
***This is the maximum gross, current and anticipated, annual income your household may earn and be eligible for consideration for a Habitat for Humanity home on Cape Cod. ASSET LIMITATION: Total of all household assets must be under $75,000.
Sweat Equity and Unique Habitat for Humanity Partnership Requirements You will be building your own home alongside community volunteers! From the date of wall raising, construction typically takes 10-12 months. During this period, you will be dedicating nearly one day/week, (on Tuesday or Saturday) to building your home. You will also attend pre-purchase education courses. The sweat equity requirement is 250 hours per adult in your household, with a maximum of 500 hours. Habitat has set aside a certain number of those hours, that friends and family volunteer- work may count towards your sweat equity. Sweat equity must be completed before we will close on your home. You will be assigned a volunteer partner to mentor and support you during the construction period and the first year of homeownership.
Affordability: To keep our homes affordable, we rely on cash donations, grants, land donations, volunteerism, and gifts of materials and professional services. For these Habitat homes in the Town of Orleans, purchasers will need to qualify for, and close with an affordable mortgage. Usually the United States Department of Agriculture will be the mortgage lender; occasionally Habitat, or another third party lender. Our homes are deed restricted to continue as affordable homes in perpetuity. In your application packet, be sure to review the “Important Information” sheet for some details about eligibility and affordable housing restrictions.
Application Review Process: Your complete application will be evaluated for your financial eligibility. If it receives a preliminary approval, it moves to a family interview committee. You will be contacted for an appointment, for two volunteers to visit your family in your home, to interview you and evaluate your family’s housing need and “willingness to partner with Habitat” - including fulfilling requirements such as sweat equity. At that point, there will be a final review of your application, and if qualified, your application number is entered into a lottery. If your application is rejected at any step, you will also be notified. Successful applicants and other finalists will be notified after the lottery.
More about Habitat for Humanity: HHCC is a 501(c)3 non-profit ecumenical housing ministry, with a mission to build homes, hope, lives and community on Cape Cod. We work to provide the opportunity of affordable home ownership in all 15 Cape towns. Homes are built in partnership with families who have a need for decent, affordable housing and do not have the financial means to build or purchase a home through conventional financing.
Habitat for Humanity of Cape Cod does not discriminate in the selection of applicants. Habitat for Humanity of Cape Cod is a not-for-profit organization and we do business in accordance with Federal and Massachusetts Fair Lending Laws.
Habitat for Humanity of Cape Cod 411 Main Street, Suite 6, Yarmouth Port, MA 02675 Phone: 508-362-3559 Fax: 508-362-3569 www.habitatcapecod.org
2
HABITAT HOME APPLICATION PACKET IMPORTANT INFORMATION
AFFORDABLE HOME DEED RIDER: This home will be sold with deed rider that preserves it as an affordable home in the future. This rider will limit the sales price of the house in the future so that it will be affordable again to an income eligible household. The rider will also require the home to be used as your primary residency. Renting of the home is not allowed; any refinancing or capital improvements will need the approval of the Town, Habitat and the Department of Housing and Community Development (DHCD). A copy of the deed rider may be reviewed at: http://www.mass.gov/hed/docs/dhcd/hd/lip/lipdeedrider.pdf A summary may be viewed here: http://habitatcapecod.org/images/uploads/LIP_Disclosure_Statement_2015_w_RH.pdf
NON DISCRIMINATION: Habitat for Humanity of Cape Cod does not discriminate in the selection of applicants on the basis of race, color, national origin, disability, ancestry, children, familial status, genetic information, marital status, public assistance recipiency, religion, sex, sexual orientation, gender identity, veteran/military status, or any other basis prohibited by law.
FINANCIAL INTEREST: Individuals who have a financial interest in the development and their families shall not be eligible.
PRIVACY NOTICE is enclosed in this packet
HABITAT FOR HUMANITY HOME MORTGAGE POLICY: All applicants will be pre-approved for a Habitat for Humanity no-interest mortgage as part of determining eligibility for the final lottery. However, we require all successful applicants to apply for a mortgage from “USDA” (United States Department of Agriculture 502” low-interest mortgage) or from a third party lender – once they have entered into an agreement to purchase their Habitat home. They must utilize the USDA or other lender’s mortgage (rather than a loan from Habitat) if qualified. Houses are financed at 100% and there is no requirement for a down payment.
APPRAISAL DISCLOSURE: If you are selected to purchase a home, we may order an appraisal to determine the property’s value and charge you for this appraisal. We will promptly give you a copy of any appraisal, even if your loan does not close. You can pay for an additional appraisal for your own use at your own cost.
“FIRST TIME HOMEBUYER” DEFINITION EXPLAINED --- To qualify you must be a “first time homebuyer.” However, there are several important EXCEPTIONS. If any of these exceptions describe YOUR situation, you may still be considered a qualified “first time home buyer” for the purposes of this application. First time homebuyer means: The household shall not have owned a home within three years preceding the application. Exceptions to this rule include: 1. displaced homemakers, where the displaced homemaker (an adult who has not worked full-time, full-year in the labor force for a number of years but has, during such years, worked primarily without remuneration to care for the home and family), while a homemaker, owned a home with his or her partner or resided in a home owned by the partner; 2. single parents, where the individual owned a home with his or her partner or resided in a home owned by the partner and is a single parent (is unmarried or legally separated from a spouse and either has one or more children of whom the individual has custody or joint custody, or is pregnant); 3. households where at least one household member is 55 or over; 4. households that owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations; and
3
5. households that owned a property that was not in compliance with state, local or model building codes and that cannot be brought into compliance for less than the cost of constructing a permanent structure. Please note: Even if you qualify for the exception, your previously owned home must be sold before the date of your application.
FINAL LOTTERY preferences: In the final lottery of eligible candidates there are certain preferences, including, first, for households that need the number of bedrooms being offered above smaller families. Then, for one of the homes, a preference for local applicants (as defined on checklist form) over non-local applicants. The information on the “Government Monitoring Form” as to minority / non-minority status will be used to ensure that Local Preference does not create a discriminatory consequence in the lottery.
REPORTING OF ALL INCOME AND ASSETS: INCOME • All income of all adults 18 or older who are members of the household to live in the Habitat home (even if temporarily away) must be reported. • Most of the income of full time students over 18, other than head of household or spouse, will be disregarded for eligibility purposes as long as their student status is documented (but it still must be reported and documented. • Adult household members with zero income must sign a certification of zero income. • There are a very few sources of income that are not counted as income. You should report all income. Our credit reviewers have the list of excluded income, and will disregard any income on that list. If you have a question whether a source should be counted, list and document it, and put that question in your cover note. (Examples may include certain one-time payments, or compensation specifically for medical expenses) • Habitat for Humanity of Cape Cod uses the standards of HUD 24 CFR 24 5.609 in considering what income to count, and the required methodology of the Federal Home Loan Bank of Boston Affordable Housing Program. ASSETS All assets of all household members, including minor children, should be listed in the application with their value, and documented. There is a $75,000 asset limitation to qualify as an affordable home ownership applicant under the Department of Housing and Community Development Ch. 40B program (which governs the homes you are applying for with Habitat. Habitat’s reference for what assets shall be considered is HUD Handbook (6/07) Exhibit 5-2: Assets. Common assets are cash (including the cash from lump sum payments, even if not counted as income) held in bank accounts or in other ways, revocable trusts, rental or capital investment income, stocks, bonds, treasury bills, C.D.s, retirement accounts, if the holder has access to the funds (even with a penalty), face value of whole (not term) life insurance, and others. Excluded from the limit is certain personal property (such as car, furniture, wedding ring, and other) that is not held as an investment, and assets (other than owned rental property) that is part of an active business. All assets should be reported. The Habitat’s credit reviewers will reference the list of what is included/excluded if this may make a difference in an applicant’s eligibility for our program.
REASONABLE ACCOMODATION: persons with disabilities have the right to request a reasonable accommodation related to the home, or to some aspect of the Habitat process. Please see the bottom of Application, Page 1, asking if a modification will be needed to the home, and the Sweat Equity Form, where we ask about restrictions to your participation and what you will be able to do. You must document that you/a household member has a disability, and the relevant restrictions for the accommodations you are requesting.
4
Habitat for Humanity of Cape Cod 411 Main Street – Suite 6 • Yarmouth Port, MA 02675 508-362-3559 • fax 508-362-3569 • www.habitatcapecod.org
Habitat for Humanity of Cape Cod, Inc. Privacy Statement and Notice
At Habitat for Humanity of Cape Cod, we are committed to keeping your information private. We recognize the importance applicants, program families, tenants, and homeowners place on the privacy and confidentiality of their information. While new technologies allow us to more efficiently serve our customers, we are committed to maintaining privacy standards that are synonymous with our established and trusted name.
When collecting, storing, and retrieving applicant, program family, tenant, and homeowner data – such as tax returns, pay stubs, credit reports, employment verifications and payment history – internal controls are maintained throughout the process to ensure security and confidentiality.
We collect non-public personal information about you from the following sources: • Information we receive from you on applications or other forms; • Information about your transactions with us, our affiliates, or others; and • Information we receive from a consumer reporting agency. Credit reports are not used to screen out applicants.
We may disclose the following kinds of non-public personal information about you: • Information we receive from you on applications or other forms, such as your name, address, social security number, income and assets, and sources of income • Information about your transactions with us such as your loan balance and payment history • Information we receive from a consumer reporting agency such as your credit worthiness and credit history.
Habitat for Humanity of Cape Cod employees and volunteers are subject to a written policy regarding confidentiality and access to applicant data is restricted to staff and volunteers on an as-needed basis. Information is used for lawful business purposes and is never shared with third parties without your consent, except as permitted by law.
As permitted by law, we may disclose non-public personal information about you to the following types of third parties: • Financial service providers, such as mortgage servicing agents- United States Dept. of Agriculture (USDA), Eastern Bank. • Nonprofit organizations or governments; and related entities authorized to oversee grant compliance- Federal Home Loan Bank of Boston (FHLBB) • Consumer Reporting Agencies
Please note that if Habitat for Humanity of Cape Cod would be disclosing your non-public personal information to non-affiliated third parties – other than those permitted by law listed above – you would be given the opportunity to “opt out” of these disclosures by calling our office at 508-362- 3559. However, we do not disclose your information
5
Applicant Checklist and Guide to Answering Questions:
Applicant Name______
The following materials are needed to complete your application for a Habitat home. Please complete this checklist, keep it, and return a copy with your application.
PRESENT HOUSING CONDITIONS:
All landlord contact info is provided on page 1 of application (information for the past two years).
Housing Need Statement/Letter: Why do you need a Habitat home? Describe any circumstance about your current housing that relates to your serious need for an affordable home: poor condition of current residence, over-crowded living conditions, high rent compared to income, being homeless or at high risk of being homeless, or other. Be specific. Include eviction notices, notice of possible sale of property you are renting or other information to support your statement. Describe efforts to find other, more suitable housing. Document whatever the interviewers will not be able to see during a home visit.
LOCAL PREFERENCE:
There is no local preference for the Town of Orleans. Applicants who live or work in our 15 town service area (Barnstable County) have preference over those from outside the service area.
ASSETS & DEBT:
See the “Required Protected Information” sheet (Page 5) of application. This must be filled out completely. Attach additional sheets, if needed to list all assets for all household members, as well as listing all debt for Applicant #1 and#2. Debt means any money that you owe to someone else: credit card charges, retail store credit charges, car loan, personal loan, student loan, charge-offs.
INCOME INFORMATION & DOCUMENTATION: All income of all adults 18 or older, who will be members of the household in the Habitat home, (even if they are temporarily away) must be reported on Pg. 2 of the application. Add an extra page if needed.
Documentation of full-time student status for dependent household members between the ages of 18 and 25. Up-to-date receipts of payment of registration or a letter provided by the high school or college are examples.
Provide all employer contact information (for all jobs, for all adult household members) on Pg.2 of the application. If additional employer information needs to be provided, because you worked at your present position less than 3 years, include that employer contact information (name, address, phone #) on a separate sheet as well. Include the address we should use to mail a Verification of Employment Form on that form for each employer and return it with your application.
You do not send the verification form- It is required that we send it to your employer.
6
Pay stubs for the most recent 8 consecutive weeks of each job for each working adult (18+) in household. Continue to save your paystubs, as new ones may be requested later in the process.
Explanation of seasonal/part-time/part year employment, if applicable (so reviewers will understand duration and earnings from each job during a full year).
Complete documentation of any self-employment income and expenses.
Child Support, Social Security, Disability Income, Unemployment, other compensation sources. Provide the most recent official documentation (i.e. court orders, award letter, not bank statement) for all non-employment sources of income (this should correspond to those checked on the income page of the application).
If benefits or compensation are temporary, please indicate the date the income will stop. If expected child support is not being received, provide official documentation of what you are actually receiving. We also need official documentation of custody arrangements if children living in the home have parents living elsewhere.
Bank Statements –Complete statements for the most recent 6 months for ALL checking and savings accounts, for all adults and children (or copy of passbook for passbook savings account).
Investment and Retirement Accounts- Complete statements for the most recent 3 months
2016 Signed copy of Federal Tax Return with W-2s and 1099s
2017 Signed copy of Federal Tax Return with W-2s and 1099s
2018 Signed copy of Federal Tax Return with W-2s and 1099s
Note: Federal IRS returns only – NOT your MA or other state returns
Even though you signed the tax return when it was filed, you need to sign it again on the copies.
If you do not have copies of your tax returns, you should immediately take steps to request them. We need a copy of the actual tax return. To receive official IRS printouts of Income Tax Returns: Call 1-800-829-1040. Or
There is an IRS Office located at 75 Perseverance Way, Hyannis, at the intersection of Attucks Lane and Independence Drive. Call 508-775-0029 for hours they are open before going there.
Be sure to submit your application with all the documentation you have by the deadline. If you are still waiting for a copy, enclose a note stating the returns you have requested of the IRS and on what date you made your request.
If you did NOT file an IRS return for any of these years, enclose a signed letter explaining why you did not have a legal obligation to file a tax return for that year.
7
EXPENSES AND DEBT: Please list all debts and monthly payments on debts on the Required Protected Information sheet (Application Pg. 5).
Copies of most recent billing statements: Electric
Gas and/or Oil (We need to be able to estimate average heating costs for the year (whether electric, oil or gas). Most companies supply a graph of your usage for each of the months of the year. If yours does not, please call and ask them to give you information about your use for the year and include that with your application. If heat is included in your rent, this is not necessary.)
Food. Leave this blank. We will use the United States Department of Agriculture estimates for calculating your food costs.
Bill showing most recent payment: Car and/or student and/or other loans (if applicable) All Phones Cable TV Loans, including the statement showing current status of any student loan Credit Cards (all) Car or other insurance bills Other monthly/quarterly bills Other debt obligations (paid by your household – child support, alimony, payment plans, any other. Please explain)
If you answered yes to any items A – E on page 3 of the application, attach an explanation.
CITIZENSHIP or U.S. PERMANENT RESIDENCY STATUS: Submit a copy of one of the following: U.S. birth certificate, OR U.S. certification of birth abroad, or US passport, OR certificate of naturalization, OR permanent resident.
Applicants must be U.S. citizens OR have secured their permanent residency status and provide documentation at the time of submitting the application.
AUTHORIZATION TO RELEASE INFORMATION: Return the signed form. All household members, age 18 and over, must sign a Release.
8
CLOSING COSTS: Explanation of source of closing costs and insurance. Where will you be getting the money to pay the closing costs? The closing costs are estimated to be about $4,900. It is important to describe the plan you will develop for meeting this obligation. You will need to have it when you actually purchase the home.
If any part of the closing costs is a gift, provide a signed statement from the individual donor, stating that it is a gift.
WILLINGNESS TO PARTNER—SWEAT EQUITY FORM: Signed statement about Sweat Equity: Answer the questions and sign it--- use the back or attach another paper if necessary. If you, or a household member, needs specialized care from others in the household, for medical or safety reasons, please provide documentation of the disability from the physician.
Complete the “Information for Government Monitoring Purposes Form”
APPLICATION IS SIGNED AND DATED BY APPLICANT AND CO-APPLICANT. Don’t forget to do this step!
CREDIT INFORMATION (for you) Habitat for Humanity strongly encourages all applicants to request a copy of their credit report to be able to review and be aware of the same information that we will use to make our determination.
Every consumer may request and receive one free credit report per year.*
* Free – do not be tricked by commercials or internet advertisements that charge for this service! Call CENTRAL SOURCE: 1-877-322-8228 or at www.annualcreditreport.com
Often credit reports contain errors that need to be corrected by the consumer. If you have recently resolved a debt or credit problem, or corrected a mistake on your report, please include an explanation of these recent changes, along with any documentation available, with your application. Depending on how recently you have resolved a problem, it is very possible this updated information would not appear on your credit report.
If you discover past debts on your credit report that you have not paid and are not now paying, please make arrangements to address them, and include with your application, the documents of your efforts to do that.
Habitat will obtain its own copy of your credit report. Do NOT supply a credit report with your application. The contact info above is for your information and use.
After you submit your application packet, keep saving all new documents: paystubs, income statements, bills, bank/credit/store account statements.
9
HABITAT FOR HUMANITY OF CAPE COD
APPLICATIONS AVAILABLE 1 Affordable Homes for Purchase: to be built at 15 Quanset Road in Orleans
House price: 2-bedroom: $141,250 Estimated monthly payment: 2-bedroom: $655
Persons considering applying are strongly encouraged to attend an applicant information meeting:
Location: Snow Library, 67 Main St, Orleans Dates /Times : TBA
Location: Habitat for Humanity, 411 Main St. (Rte 6A) Suite 6, Yarmouth Port Dates/Times: TBA
Applications may be obtained at: • Application information sessions
• Online www.habitatcapecod.org and at the Habitat for Humanity office: 411 Main Street (Route 6A),
Suite 6, Yarmouth Port MA
• Snow Library, 67 Main St, Orleans, MA 02653 • Hours: Mon 10-5 / Tues 10-8 / Wed 10-8 / Thurs 10-5 / Fri 10-5 / Sat 10-4 • Or call to have an application mailed to you: 508-362-3559 (Habitat office)
APPLICATION DEADLINE: TBA LOTTERY DATE: TBA
Income Guidelines**: A qualifying household for both homes must have an income at or below 60% of median income. **Using HUD/FHLBB median income guidelines, adjusted annually. Family Size 60% Family Size 60% 1 $38,460 5 $59,340 2 $43,920 6 $63,720 3 $49,440 7 $68,100 4 $54,900
This is the maximum gross income your household may earn and be eligible for consideration for a Habitat for Humanity home on Cape Cod.
You may qualify for Habitat home ownership, if you are: • in critical need of year round affordable housing, and • willing to complete the required “sweat equity” on your home and other Habitat projects • (500 hours for a two adult household – 250 hours for a one adult household), and • able to make housing payments of approximately $650-720 per month, and • unable to qualify for conventional mortgage financing of a market rate house, and • first time home buyer (some exceptions apply; described in application packet), and • U.S. Citizen or Permanent Resident
Habitat for Humanity of Cape Cod does not discriminate in the selection of applicants. Habitat for Humanity of Cape Cod is a not-for-profit organization and we do business in accordance with Federal and Massachusetts Fair Lending Laws.
HABITAT FOR HUMANITY OF CAPE COD 411 Main St, Suite 6 • Yarmouth Port, MA 02675 • 508-362-3559
FOR IMMEDIATE RELEASE
Applications are available for Affordable Homeownership in Orleans
Habitat for Humanity of Cape Cod announces that applications are available beginning TBA for one homes that will be built 15 Quanset Road in Orleans. Home size is one 2-bedroom home.
Maximum household income for the houses is 60% of area median income for both houses. Example: For a 4-person household—the current income maximum income at 60% is $54,900. These income guidelines are adjusted annually.
The applicant household must be willing to commit many hours of sweat equity to building the home, and have a housing need. The monthly housing payment (mortgage, taxes, insurance) for these homes is estimated to be around $655 per month, depending on the cost of taxes and insurance, and other terms.
The deadline for application submission to the Habitat office is TBA More information about applying for a Habitat home is available on the website: www.habitatcapecod.org Translation services are available by request.
Applications are available at: - Online at the Habitat website: habitatcapecod.org - Snow Library, 67 Main St, Orleans ,MA Hours: Mon 10-5 / Tues 10-8 / Wed 10-8 / Thurs 10-5 / Fri 10-5 / Sat 10-4 - Habitat for Humanity office: 411 Main Street (Route 6A), Suite 6, Yarmouth Port - Or call to have an application mailed to you: 508-362-3559 (Habitat office)
Applicants are urged to attend one of the Application/Information Workshops for prospective buyers. Applications will be available at all sessions:
Location: Snow Library, 67 Main St, Orleans ,MA Dates/Times: TBA
Location: Habitat for Humanity, 411 Main St. (Rte 6A) Suite 6, Yarmouth Port Dates/Times: TBA
Habitat for Humanity of Cape Cod is a not-for-profit organization and we do business in accordance with Federal and Massachusetts Fair Lending Laws.
Media contact: Victoria Goldsmith, Executive Director Habitat for Humanity of Cape Cod 411 Main Street, Suite 6, Yarmouth Port, MA 02675 508-362-3559 x15
Habitat for Humanity of Cape Cod 411 Main Street, Suite 6, Yarmouth Port, MA 02675 508-363-3559 www.habitatcapecod.org
Date TBA
Dear Friend,
Perhaps you know of a family in great need of a decent, affordable home?
We are writing in the hope that you will help us get the word out that applications are being accepted for one affordable home. It is located at 15 Quanset Road in Orleans. Home size is one 2-bedroom home.
Habitat for Humanity offers the opportunity of homeownership to families who live or work on Cape Cod and have a critical need for a decent affordable home, who are “willing to partner” with Habitat in the construction of their home (i.e. work side-by- side for many hours with the construction volunteers), and who have the ability to make a monthly mortgage payment estimated to be around, $655 for the 2 bedroom, which includes escrow for property taxes and homeowner’s insurance.
Maximum household income for both homes is 60% of median income. Example: For a 4-person household, the current maximum income at 60% is $54,900. These income guidelines are adjusted annually.
The enclosed fliers to post give complete information about how to obtain an application and about the public information sessions we hold to inform and assist potential applicants. Also included is a short notice announcement for your newsletter.
Because TBA is an absolute deadline, we greatly appreciate anything you might do to help us get the word out to those who might benefit from this opportunity.
Best Regards,
Mary Ann Mills-Lassiter Family Programs Manager p.s. – Please call our office if you would like to receive any of this information electronically.
Habitat for Humanity of Cape Cod does not discriminate in the selection of applicants. Habitat for Humanity of Cape Cod is a not-for-profit organization and we do business in accordance with Federal and Massachusetts Fair Lending Laws. Habitat for Humanity of Cape Cod Building homes…Changing lives…Preserving community
Date: TBA To: Habitat Homeowners From: Victoria Goldsmith, Executive Director
Re: Please help spread the word!
Applications now available for one new affordable Habitat for Humanity homes: Town of Orleans
Perhaps you have a friend or colleague at work whose family is in need of a decent and affordable home?
We have attached a flier to make it easy for you to help spread the word, or you can let people know that the information will be up on our website beginning TBA at www.habitatcapecod.org.
From the opening date of TBA, to the deadline of TBA, we will be accepting applications for this location in Chatham: 15 Quanset Road in Orleans- One 2-bedroom ranch
The basic information is on the flier. As always, we encourage interested applicants to attend one of the information sessions to get all the details and have their questions answered.
Thanks for anything you do to inform others who might appreciate the opportunity to build their own home alongside Habitat’s volunteers.
411 Main Street, Suite 6, Yarmouth Port, MA 02675. Ph: 508-362-3559. Fax: 508-362-3569. www.habitatcapecod.org
HABITAT FOR HUMANITY OF CAPE COD 411 Main St, Suite 6 • Yarmouth Port, MA 02675 • 508-362-3559
PSA FOR IMMEDIATE RELEASE
Applications are available for Affordable Homeownership in Orleans
Habitat for Humanity of Cape Cod announces that applications are available, beginning TBA for one home to be built in the Town of Orleans. The house size is one 2-bedroom home. More information about applying for a Habitat home is available on the website: www.habitatcapecod.org.
Applicants are urged to attend one of the information workshops for prospective buyers. Applications will be available at all sessions: Location: Snow Library, 67 Main St, Orleans, MA Dates/Times: TBA Location: Habitat for Humanity, 411 Main St. (Rte 6A) Suite 6, Yarmouth Port Dates/Times: TBA
------
Applicant households must be income eligible with a maximum 60% of area median income by household size for both homes (example $54,900 currently, for a family of 4). Applicant households must be willing to commit many hours of sweat equity to building the home and have a housing need.
The monthly housing payment (mortgage, taxes, insurance) for these homes is estimated to be around $655 per month depending on cost of taxes and insurance, and other terms.
Applications are available at: - Online at the Habitat website: habitatcapecod.org - Snow Library, 67 Main St, Orleans, MA - Habitat for Humanity office: 411 Main Street (Route 6A), Suite 6, Yarmouth Port - Application/Information Workshops - Or call to have an application mailed to you: 508-362-3559 (Habitat office)
The deadline for application submission to the Habitat office is TBA .
Habitat for Humanity of Cape Cod is a not-for-profit organization and we do business in accordance with Federal and Massachusetts Fair Lending Laws.
Media contact: Victoria Goldsmith, Executive Director Habitat for Humanity of Cape Cod 411 Main Street, Suite 6, Yarmouth Port, MA 02675 508-362-3559 x15 LOTTERY DESCRIPTION
Habitat for Humanity of Cape Cod, Inc. Project: 15 Quanset Rd. Orleans One 2-bedroom home
15 Quanset Rd. Orleans LOTTERY STEPS
There is only one applicant pool for this lottery: Open (without regard to town residency) at or below 60% of median income. PRE-LOTTERY 1) There is no special preparation or marking of chips for minority applicants as this is an open lottery, with no local preference. 2) Mark all applicants with the Application # and the bedroom size designation of the house size their household would maximize.
LOTTERY 1) Enter all chips in one lottery. Draw all chips in order, logging in the order of selection. Maintain the record of the lottery for future reference. 2) The first selection that will maximize a 2 BR home, will receive the offer for this 2 BR home. 3) Continue to draw all chips, and preserve the order. In the event of a withdrawal or disqualification, offers will be made in order, first to the qualified applicants that would maximize at 2-bedroom home.
OTHER The Habitat lottery administrator summarizes the approved lottery process at the start of the proceedings. If the “monitors” are willing to do the actual drawings from the bucket they are asked to do so; otherwise they simply witness. At least two pairs of scribes record the proceedings – one on the spread sheet listing each applicant with lottery characteristics, and one, simply in the order of selection. Before concluding, we restate the outcome of the lottery and have a couple of witnesses sign the paper records of the order of drawings from the pool.
*BACKGROUND
The lottery process will conform to standards consistent with the requirements of the Department of Housing and Community Development’s (DHCD) Local Initiative Program (LIP).
Habitat shall pre-qualify candidates according to its established criteria and then conduct the lottery, which shall not be public but which shall be monitored by a representative of the Orleans Housing Authority or the Orleans Affordable Housing Committee or any alternate monitoring agency as may be designated by DCHD, and acceptable to the Town. Post-lottery, before notification of lottery winners, the eligibility and qualifications of lottery winners, DHCD or its designee shall be given the opportunity to certify the eligibility and qualifications of lottery winners. HHCC Board of Directors will do final certification of the results. (Please note: This is a “blind” review of eligibility of selected applicants in accordance with established policy/process)
Local preference: As approved by DCHD there will be no local preference pool for the lottery for this one home. For all homes, eligible qualified applicants who live or work in the 15-Town service area (Barnstable County) of Habitat for Humanity of Cape Cod shall receive a preference over those who do not.
Habitat for Humanity of Cape Cod, Inc. Project: 15 QUANSET ROAD, ORLEANS One 2-bedroom home.
Please note that marketing materials have been drafted with the assumption of an FHLBB award, therefore with income limits for the home of 60% of area median income. FHLBB award announcements are made in Dec. If we are unsuccessful, we will revise income limits – in advance of any publication or distribution - for the home to 65% - Habitat Cape Cod’ standard limit when grant targeting does not require otherwise.
MARKETING PLAN FOR HOMEOWNERSHIP APPLICANTS
Time period: Application deadline shall be at least 60 days from the announcement of availability of applications. Marketing for these homes is scheduled so that purchasers are selected in time to participate, alongside volunteers, in the building of their homes.
Notice of application availability and public workshops: (1) Notices sent to area newspapers: The Cape Cod Times (regional paper), and any other weekly or daily serving the Town where the new homes will be located, specifically– the Cape Cod Chronicle. Two paid advertisements will be placed in the regional newspaper (CC Times) – unless this required is waived by DHCD (related to equivalent/superior publicity with free notices & social media) (2) Public Service Announcements to local radio stations and local access cable TV (3) Notices and fliers sent to Orleans Town Hall and local Chamber of Commerce (4) Notices and fliers sent to faith congregations and associations in the Town and surrounding Towns (5) Notices and fliers sent to Town and area housing and social service agencies, and organizations serving the Cape’s minority population, including all those included on the attached sheet. (6) Paper or electronic fliers distributed through the town Elementary and Middle Public Schools serving the Town, as allowed by the Superintendent; and the high school if it has an electronic distribution system (7) At least two public information sessions are held in the town to inform and assist potential applicants, in addition to sessions and individual assistance available at the Habitat office (8) Applications will be available at one accessible Town location as well as from Habitat’s office. The Town location will be open during daytime and evening hours. (9) Posting, as required on these websites: Massachusetts Affordable Housing Alliance (MAHA): http://www.massaffordablehomes.org/defau1t.aspx and the Citizen’s Housing and Planning Association (CHAPA): http://www.massaccesshousingregistry.org/ and Massachusetts Affordable Homes: http://www.massaffordablehomes.org/
(10) Translated materials: The “flyers” and the announcements on our website will also be translated and available in Portuguese and Spanish.
Please note, the above is a summary of the marketing plan. Attached is the specific outreach list where notices are placed.
1 60% income targeting: FHLBB grant funding requires that the selected candidate have an income at or below 60% of median income.
Household size/bedroom size: There will be a preference system within the selection process for households that will utilize all bedrooms of their home, with at least one person to each bedroom, with couples presumed to share a bedroom unless medical documentation is presented to demonstrate a true need for separate bedrooms. If there is no household of number/composition to fill all bedrooms, the earliest selection in the lottery of the size household that would fill all but one, will be given the opportunity to select a larger house size, and so on.
REGION NAME ADDRESS CITY, STATE ZIP PHONE # Name Email All 1199 SEIU 29 Bassett Lane - 1st floor Hyannis, MA 02601 877 409 1199 x160 Jerry Fishbein jerry.fishbein.1199.org All A Baby Center P.O. Box 758 Hyannis, MA 02601 771-8157 Mary Pat Piersons Barnstable Barnstable Housing Authority 146 South Street Hyannis, MA 02601 771-7222 Lori Finton Barnstable Barnstable Town Hall 367 Main Street Hyannis, MA 02601 862-4000 Cynthia Lovell Barnstable Veterans’ Services District Office 66 Falmouth Road Hyannis, MA 02601 508-778-8740 All Big Brothers Big Sisters of Cape Cod & the Islands 684 Main St 2nd Flr Hyannis, MA 02601 508-771-5150 JR Mell Bourne Bourne Housing Authority 871 Shore Road Pocasset, MA 02559 563-7485 Bourne Bourne Town Hall 24 Perry Avenue Buzzards Bay, MA 02532 759-0600 All Boys and Girls Club of Cape Cod P.O. Box 895 Mashpee, MA 02649 477-8845 Ruth Provost, Exec. Dir. Dir [email protected] Brewster Brewster Chamber of Commerce P.O. Box 1241 Brewster, MA 02631 896-3500 Brewster Brewster Housing Authority 11 Frederick Court Brewster, MA 02631 896-9800 Brewster Brewster Town Hall 2198 Main Street Brewster, MA 02631 896-3701 All Cape & Islands Veterans Outreach Center 569 Main Street Hyannis, MA 02601 508-778-1590 Upper Cape Cod Canal Region of the Chamber of Commerce 70 Main Street Buzzards Bay, MA 02532 759-6000 All Cape Cod Council of Churches 320 Main Street Hyannis, MA 02601 775-5073 Ms. Edye Nesmith [email protected] All Cape Cod Veterans, Inc. P.O. Box 81 Dennisport, MA 02639 508-240-7342 Richard Riehle All Cape Cod Community - College Career Services 2240 Iyannough Road West Barnstable, MA 02668 Kristina Lerardi, [email protected] of Career Services and Experiential Learning All Cape Cod Community College - Enrollment Management2240 & Advising Iyannough Services Road West Barnstable, MA 02668 Susan Kline-Symington [email protected] All Cape Cod Community - Coordinator of Student Life & Co-Curricular2240 Iyannough Activities Road West Barnstable, MA 02668 David Biggs [email protected] All Cape Cod Community - ACCCESS Hyannis Center 540 Main St # 4 Hyannis, MA 02601 Toby Maguire, Director of [email protected] and Hyannis Center All Catholic Social Services 261 South Street Hyannis, MA 02601 771-6771 Arlene McNamee, ED Chatham Chatham Chamber of Commerce P.O. Box 793 Chatham, MA 02633 945-5199 Chatham Chatham Housing Authority 240 Crowell Road Chatham, MA 02633 945-0478 John Stewart Chatham Chatham Town Hall 549 Main St Ste#1 Chatham, MA 02633 945-5100 All Child and Family Services 1019 Iyannough Rd Hyannis, MA 02601 778-1839 Anne Sampaio, ED All Community Action Committee of Cape Cod & the Islands372 North St. Hyannis, MA 02601 771-1727 Mary Pat Messmer Lower Community Development Partnership 3 Main Street - Unit 7 Eastham, MA 02642 240-7873 Lori Meads Lower Community Housing Resource Inc. P. O. Box 1015 Provincetown, MA 02657 487-2426 Edward Malone All CORD 106 Bassett Lane, #1 Hyannis, MA 02601 775-8300 Donna Verrette Dennis Dennis Chamber of Commerce P.O. Box 1001 West Dennis, MA 02670 398-3568
Dennis Dennis Housing Authority 167 Center St Unit 53 South Dennis, MA 02660 394-6378 Nancy Friend Dennis Dennis Town Hall P.O. Box 2060 So. Dennis, MA 02660 394-8300 All Dept. of Transitional Assistance 181 North St Hyannis, MA 02601 862-6600 All Dept. of Veteran's Services 66 Falmouth Road Hyannis, MA 02601 778-8740 Dir. Edward Merigan All Duffy Health Center 94 Main Street Hyannis, MA 02601 771-9599 Kathleen M. Beriau, CPA, MHAwww.duffyhealthcenter.org Eastham Eastham Chamber of Commerce P.O. Box 1329 Eastham, MA 02642 240-7211 Chief Financial Officer Eastham Eastham Housing Authority 2500 State Highway Eastham, MA 02642 240-5900 Eastham Eastham Town Hall 2500 State Highway Eastham, MA 02642 240-5900 Lower Epoch Senior Healthcare of Harwich 111 Headwaters Drive Harwich, MA 02645 430-1717 Falmouth Falmouth Chamber of Commerce 20 Academy Lane Falmouth, MA 02540 548-8500 Falmouth Falmouth Housing Authority 115 Scranton Avenue Falmouth, MA 02540 548-0533 Falmouth Falmouth Housing Trust P. O. Box 465 Falmouth, MA 02541 540-2370 Falmouth Falmouth Human Services 65A Town Hall Square Falmouth, MA 02540 548-0530 Falmouth Falmouth Military Support Group P.O. Box 2247 Teaticket, MA 02536 Falmouth Falmouth Semper Fi Fund 33 Pinyon Way East Falmouth, MA 02536 508-524-8538 Falmouth Falmouth Service Center P. O. Box 208 Falmouth, MA 02541 548-2794 Falmouth Falmouth Town Hall 59 Town Hall Sq Ste #1 Falmouth, MA 02540 548-7611 Lower Family Pantry of Cape Cod 133 Queen Anne Rd Harwich, MA 02645 508-432-6519 Lower Hands of Hope Outreach Food Pantry P.O. Box 387 West Harwich, MA 02671 432-1312 Kathy Driscoll Harwich Harwich Chamber of Commerce POB 34/ One Schoolhouse Rd.Harwich, MA 02645 430-1165 Lower Harwich Ecumenical Council for the Homeless P. O. Box 638 West Harwich, MA 02671 432-0015 Harwich Harwich Housing Authority P.O. Box 714 Harwich Port, MA 02646 430-2390 Robert MacCready [email protected] Harwich Harwich Town Hall 732 Main Street Harwich, MA 02645 430-7514 Lower Homeless Prevention Council P. O. Box 828 Orleans, MA 02653 508 255 9667 Chris, Maureen, Maggie [email protected] All Housing Assistance Corp, CHOC 460 West Main Street Hyannis, MA 02601 771-5400 Nancy Davison, VP [email protected] Operations All Cape Cod Hospital-Human Resources 27 Park Street Hyannis, MA 02601 862-5700 Barnstable Hyannis Chamber of Commerce P. O. Box 100 Hyannis, MA 02601 775-7778 All Independence House 160 Bassett Lane Hyannis, MA 02601 771-6507 Lysetta Hurge-Putnam, ED All Liberty Commons 390 Orleans Road Chatham, MA 02650 945-4611 Lower Lower Cape Outreach P.O. Box 665 Orleans,MA 02653 240-0694 Larry Marsland CEO Lower Lower/Outer Cape Comm. Coalition 14 Old Tote Rd Orleans, MA 02653 255-2163 Mashpee Mashpee Chamber of Commerce P.O. Box 1245 Mashpee, MA 02649 477-0792 Mashpee Mashpee Housing Authority 7 Job's Fishing Road Mashpee, MA 02649 477-6202 Leila Botsford, ED Mashpee Mashpee Town Hall 16 Great Neck Road No. Mashpee, MA 02649 539-1400 Deborah Dami, Town Clerk Upper Mashpee Village 1 Wampanoag Road Mashpee, MA 02649 477-2000 All Multi Cultural Dev. Com -CCCC 2240 Iyanough Road West Barnstable, MA 02668 362-2131 All NAACP P.O. Box 464 Hyannis, MA 02601 508-540-6266 Frank Rhodes, President Orleans Orleans Chamber of Commerce P.O. Box 153 Orleans,MA 02653 255-1386 Lower Orleans Convalescent & Retirement Home 60 Daley Terrace Orleans,MA 02653 255-2328 Mark Doyle the terraceorleans.com Orleans Orleans Housing Authority 94 Hopkins Lane Orleans,MA 02653 255-0064 Alllison Thomas allison.thomas.89@yahoo,com Orleans Orleans Town Hall 19 School Road Orleans,MA 02653 240-3700 Lower Outer Cape Health Service 3130 Route 6 Wellfleet, MA 02667 349-3131 All Pleasant Bay Centers 383 South Orleans Road Brewster, MA 02631 240-3500 Joshua Zuckerman, ED ProvincetownProvincetown Chamber of Commerce P.O. Box 1017 Provincetown, MA 02657 487-3424 ProvincetownProvincetown Housing Authority 44 Hary Kemp Way Provincetown, MA 02657 487-0434
ProvincetownProvincetown Town Hall 260 Commercial Street Provincetown, MA 02657 487-7000 David Panagore [email protected] All Salvation Army Corps P. O. Box 269 Hyannis, MA 02601 771-8982 Sandwich Sandwich Chamber of Commerce P.O. Box 744 Sandwich, MA 02563 833-9755
Sandwich Sandwich Housing Authority 20 Tom's Way Sandwich, MA 02563 833-4979 Paula Schneep ED
Sandwich Sandwich Town Hall 130 Main Street Sandwich, MA 02563 833-8045 George Dunham Truro Truro Chamber of Commerce P.O. Box 26 North Truro, MA 02652 487-1288 Robert Montano Truro Truro Town Hall P.O. Box 2030 Truro, MA 02666 349-7004 Rue Ann Palmer All Spaulding Cape Cod 311 Service Rd. East Sandwich, MA 02537 508.833.4262 Stephanie Nadolny [email protected] All Spaulding Cape Cod 311 Service Rd. East Sandwich, MA 02537 508.833.4262 Dyan Wyman [email protected] All V N A 255 Independence Drive Hyannis, MA 02601 957-7400 All CCCC Veterans Center 2240 Iyannough Rd. Hyannis, MA 02601 508.362.2131 x4478 Katie Downer [email protected] Barnstable Veterans’ Services District Office P.O. Box 429; 66 Falmouth RoadHyannis, MA 02601 508-778-8740
Bourne Veterans’ Services District Office 24 Perry Avenue Buzzards Bay, MA 02532 508-743-3009 Harwich Veterans’ Services District Office 732 Main Street Harwich, MA (and Truro) 02645 508-430-7510
ProvincetownVeterans’ Services District Office 26 Alden Street Provincetown, MA 02657 508-487-7099 Edward Merigan [email protected]
Sandwich Veterans’ Services District Office 270 Quaker Meetinghouse RoadSandwich, MA 02537 508-888-4737 Wareham Veterans’ Services District Office 54 Marion Rd. Wareham, MA 02571 508-291-3100 ext. 3135 Wilfred Remillard [email protected] Falmouth Veterans’ Services District Office 59 Town Hall Square Falmouth, MA 02540 508-495-7450 All Wampanoag Housing Program 483 Great Neck Road SouthMashpee, MA 02649 508.477.0208 Ext. 107 Shellie Tobey - Housing [email protected] All We Can 783 Route 28 Harwich Port, MA 02646 430-8111 Andrea Genser, ED Wellfleet Wellfleet Chamber of Commerce P.O. Box 571 Wellfleet, MA 02667 349-2510 Don Lincoln [email protected] Wellfleet Wellfleet Housing Authority Town Hall, 300 Main Street Wellfleet, MA 02667 349-0300 [email protected] Wellfleet Wellfleet Town Hall 300 Main Street Wellfleet, MA 02667 349-0300 [email protected] Yarmouth Yarmouth Chamber of Commerce P.O. Box 479 South Yarmouth, MA 02664 778-1008 Jeff Romero Yarmouth Yarmouth Housing Authority 534 Winslow Grey Road South Yarmouth, MA 02664 398-2920 Tom Benoit [email protected] Yarmouth Yarmouth Town Hall 1146 Route 28 South Yarmouth, MA 02664 349-0300 Scott Dutra [email protected] All YMCA of Cape Cod 2245 Iyannough Rd West Barnstable, MA 02669 362-6500 Jimmy Dishner [email protected] Stacy Peugh, Pres. & CEO [email protected] Truro Truro Housing Authority 24 Town Hall Rd. POB 2030 Truro, MA 02666 508-349-7004 Truro Truro Town Hall 24 Town Hall Rd. POB 2030 Truro, MA 02666 508-349-7004 Carl J. Brotman Truro Highland Affordable Housing, P.O. Box 362 Truro, MA 02666 no phone [email protected]
4-H CLUBS & AFFILIATED 4-H ORGANIZATIONS 4H FARLEY OUTDOOR Mashpee 02649 EDUCATION615 Route 130 COMMUNITY HEALTH CENTER OF CAPE COD INC 107 COMMERCIAL ST Mashpee 02649 KIWANIS CLUB OF MASHPEE CHARITABLE FOUNDATION PO BOX 334 Mashpee 02649 MASHPEE PARENT TEACHER ORGANIZATION 152 OLD BARNSTABLE RD Mashpee 02649 MASHPEE WAMPANOAG INDIAN TRIBAL COUNCIL INC PO BOX 1048 Mashpee 02649
MASHPEE WOMENS CLUB PO BOX 1613 Mashpee 02649 (c/o MARGARET ROCCI) PASS IT ON INC 23 TRADEWIND DR Mashpee 02649
LIONS INTERNATIONAL-MASHPEE PO BOX 391 Mashpee 02649 (c/o L PAUL DRAKE) MashpeeTV 168 Industrial Drive Mashpee 02649 REGION Contact Church Address City State ZIP Email All Pastor Jonathan Ahnquist AID Association for Lutherans P.O. Box 157 West Barnstable MA 02668-0157 [email protected] All Chaplain Asst. Karl Armstrong Air Station Cape Cod Community Chapel South Inner Road Buzzards Bay MA 02542 All Ms. Jessica Dill Am HaYam Cape Cod P.O. Box 1235 Brewster MA 02631 [email protected] All Anshei Chesed Conservative Synagogue of Cape CP.O. Box 587 Marstons Mills MA 02648-0587 Upper Bay Community Alliance PO Box 296 Buzzards Bay MA 02532-0296 [email protected] Falmouth Bethel of Woods Hole P.O. Box 394 Woods Hole MA 02543-0394 Bourne Reverend Sharon Miesel Bourne United Methodist Church P.O. Box 3037 Bourne MA 02532-0737 [email protected] All Pastor Bruce Smith Calvary Baptist Church 25 Lincoln Road Ext Hyannis MA 02601-2403 All Pastor Ben Feldott Cape Cod Baptist Church 805 Teaticket Hwy Teaticket MA 02536-5847 [email protected] All Pastor Artie Shaffer Cape Cod Church of Christ PO Box 579 Marstons Mills MA 02648-1243 [email protected] All Edythe Nesmith Cape Cod Council of Churches PO Box 758 Hyannis MA 02601-0758 [email protected] All Pastor Tom Nelson Cape Cod Covenant Church P.O. Box 219 South Dennis MA 02660-0219 [email protected]; [email protected] All Rabbi David Freelund Cape Cod Synagogue 145 Winter Street Hyannis MA 02601-5542 [email protected] All Cape Cod United Methodist Men's Club 42 Monomoy Road South Yarmouth MA 02664-1982 All Catholic Bishop of Fall River PO Box 1800 Mashpee MA 02649-1800 All Pastor Michael Malagna Christ Chapel 1200 Old Stage Road Centerville MA 02632-2053 [email protected] Upper Reverend Carl Evans Christ Lutheran Church 485 Brick Kiln Road Falmouth MA 02540-3009 [email protected] All Reverend Msgr. Daniel Hoye Christ the King PO Box 1800 Mashpee MA 02649-1800 [email protected] All Reverend Adam Linton Church of the Holy Spirit 204 Monument Road Orleans MA 02653-3512 [email protected] All Reverend Deborah Warner Church of the Messiah 13 Church Street Woods Hole MA 02543-1007 [email protected] All Reverend Buddy Washburn Church of the Nazarene 292 Brick Kiln Road Teaticket MA 02536-5612 All Church of the New Jerusalem 260 Route 6A Yarmouth Port MA 02675-1719 All Community of Jesus P.O. Box 1094 Orleans MA 02653-1094 All Reverend George Harrison Corpus Christi Church 324 Quaker Meetinghouse Road East Sandwich MA 02537-2170 [email protected]; [email protected] Mashpee Reverend Vicki Keene Cotuit Federated Church P.O. Box 436 Cotuit MA 02635-0436 [email protected] All Evangelical Baptist Church P.O. Box 209 South Yarmouth MA 02664-0209 All Reverend Steve Hawley Faith Assembly of God Church 154 Bearses Way Hyannis MA 02601-3895 All Pastor John Kerns Faith Baptist Church 251 Osterville West Barnstable Rd Osterville MA 02655-1522 Falmouth Pastor Jon Ely Falmouth Baptist Church 60 Central Park Avenue Falmouth MA 02540-3708 [email protected] Falmouth Rabbi Elias Lieberman Falmouth Jewish Congregation 7 Hatchville Road East Falmouth MA 02536-4007 [email protected] All Reverend Dr. John Terry Federated Church of Hyannis 320 Main Street Hyannis MA 02601-0543 [email protected]; [email protected] Upper Fellowship First Church of Christ PO Box 1569 Sagamore Beach MA 02562-1569 All Pastor Jonathan Singer First Baptist Church of Hyannis P.O. Box 457 Hyannis MA 02601-0457 [email protected] All First Born Harvest Ministries PO Box 1641 Hyannis MA 02601-1641 Sandwich Reverend Anne Cubbage First Church of Christ in Sandwich P.O. Box 810 Sandwich MA 02563-0810 [email protected] Sandwich Outreach Committee First Church of Christ in Sandwich PO Box 810 Sandwich MA 02563-0810 Barnstable First Church of Christ Scientist - Centerville PO Box 315 Centerville MA 02632-0315 Falmouth First Church of Christ Scientist - Falmouth 175 Palmer Avenue Falmouth MA 02541-0725 All Pastor Phil Jackson First Congregational Church 329 Route 6A Yarmouth Port MA 02675-1817 [email protected] Falmouth Women's Fellowship First Congregational Church - Falmouth 68 Main Street Falmouth MA 02540-2667 Falmouth Reverend Dr. Douglas Showalter First Congregational Church - Falmouth 68 Main Street Falmouth MA 02540-2667 [email protected]; [email protected] All Reverend Jane O'Hara Shields First Lutheran Church P.O. Box 157 West Barnstable MA 02668-0157 [email protected]; [email protected] All Bishop First Pentecostal Church 58 Main Street, # 130 Mashpee MA 02649-2245 Sandwich Pastor Bruce Hanlon Forestdale Baptist Church 110 Route 130 Forestdale MA 02644-1128 All Foundation for Christian Services 1 Wade Court Montville NJ 07045-9137 All Pastor Steve Hawley Heritage Christian Life Center 655 Boxberry Hill Road East Falmouth MA 02536-4129 [email protected] All Pastor Mike Beckner Hope Baptist Church P.O. Box 131 South Dennis MA 02660-0131 All Reverend Dr. David Calhoun John Wesley United Methodist Church P.O. Box 696 Falmouth MA 02541-0696 [email protected] Barnstable Reverend Earl Roberts Marstons Mills Community Church 2135 Main Street Marstons Mills MA 02648 Mashpee Mashpee Baptist Church PO Box 1770 Mashpee MA 02649-1770 All New Hope Full Gospel Church PO Box 235 Hyannis MA 02601-0235 All New Testament Baptist Church 491 Higgins Crowell Road West Yarmouth MA 02673-2579 Falmouth Reverend Fred Meade North Falmouth Congregational Church PO Box 403 North Falmouth MA 02556-0403 [email protected] All Oak Hill Bible Church PO Box 277 Oxford MA 01540-0277 All Mr. Kevin York One Light 651 Race Lane Marstons Mills MA 02648-1941 [email protected] All Pastor Rob Wheeler Osterville Baptist Church 824 Main Street Osterville MA 02655-0433 All Ms. Carolyn Russett Osterville United Methodist Women 83 Richardson Road Centerville MA 02632-2454 [email protected] All Reverend Mark Hession Our Lady of the Assumption PO Box E Osterville MA 02655-1055 All Reverend Mark Hession Our Lady of Victory Church 230 South Main Street Centerville MA 02632-3298 [email protected] All Our Savior Lutheran Church 14 Cape Drive Mashpee MA 02649-3077 Upper Pastor Ed de la Cour Pocasset Baptist Church PO Box 1080 Pocasset MA 02559-1080 [email protected] All Reverend James LaBelle Presbyterian Church of Cape Cod PO Box 836 West Barnstable MA 02668-0836 [email protected] All Pastor John Piroski Seventh-Day Adventist Church 2736 Falmouth Road Osterville MA 02655-1216 All Missions/Outreach South Congregational Church 565 Main Street Centerville MA 02632-2915 [email protected] All Episcopal Church Woman Spirit of Sharing 451 Essex Street, # 10 Swampscott MA 01907-1226 Upper Mr. William Costello St. Anthony's Church 167 East Falmouth Hwy East Falmouth MA 02536-6038 [email protected] Upper Reverend Patti Barrett St. Barnabas Memorial Church PO Box 203 Falmouth MA 02541-0203 [email protected] Lower Reverend Armand Kreft St. David's Episcopal Church 205 Old Main Street South Yarmouth MA 02664-4529 [email protected] Upper Deacon Bill Martin St. Elizabeth Seton Guild PO Box 861 North Falmouth MA 02556-0861 [email protected] All Reverend Michael Fitzpatrick St. Francis Xavier Church 347 South Street Hyannis MA 02601-5495 All Reverend, Fr. Panagiotis Giannakopoulos St. George Greek Orthodox Church 1130 Falmouth Road Centerville MA 02632-3022 [email protected] Upper Reverend Arnold Medeiros St. John the Evangelist PO Box 1558 Pocasset MA 02559-1558 [email protected] All Cheryl Hulslander, Admin. St. John's Episcopal Church 159 Main Street Sandwich MA 02563-2283 [email protected] Upper Reverend Arnold Medeiros St. Joseph's Church PO Box 3 Woods Hole MA 02543-0003 [email protected] Upper Reverend Francis de Sales Paolo St. Margaret's Catholic Church 141 Main Street Buzzards Bay MA 02532-3290 [email protected] All Reverend Libby Gibson St. Mary's Episcopal Church P.O. Box 395 Barnstable MA 02630-0395 [email protected] All Reverend Benjamin Kjendal St. Michael The Archangel Orthodox Church 62 Main Street Cotuit MA 02635-2518 Upper Father Tim Goldrick St. Patrick's Church 511 Main Street Falmouth MA 02540-3160 [email protected] All Reverend St. Peter's Episcopal Church PO Box 437 Osterville MA 02655-0421 [email protected] Upper Reverend Sue Lederhouse St. Peter's Episcopal Church On the Canal P. O. Box 265 Buzzards Bay MA 02532-3228 [email protected] Upper Reverend Brian Wood Swift Memorial United Meth. Church P.O. Box 270 Sagamore Beach MA 02562-0270 [email protected] Upper Mr. Karl Armstrong The Post Community Chapel 1015 S Inner Road Buzzards Bay MA 02542-1331 [email protected] All Reverend, Dr. Kristen Harper Unitarian Church PO Box 285 Barnstable MA 02630-0285 Upper Reverend Paul Langston-Daley Unitarian Universalist Fellowship 840 Sandwich Road East Falmouth MA 02536-4023 [email protected] Upper Reverend Sharon Miesel United Methodist Church - Cataumet PO Box 812 Cataumet MA 02534-0812 [email protected] All Outreach Committee United Methodist Church - Osterville 57 Pond Street Osterville MA 02655-1508 [email protected] All Reverend Steve Cordy Unity Church of the Light 147 Walton Avenue Hyannis MA 02601-2750 [email protected] Upper Women's Fellowship Waquoit Congregational Church 15 Parsons Lane East Falmouth MA 02536-5506 [email protected] Upper West Falmouth Friends Meeting PO Box 720 West Falmouth MA 02574-0720 Upper Reverend Sieglinde Rogers West Falmouth United Methodist Church P.O. Box 303 West Falmouth MA 02574-0303 [email protected] All Outreach Committee West Parish of Barnstable P.O. Box 219 West Barnstable MA 02668-0219 [email protected] All Reverend Bernard Harris Zion Union Church 805 Attucks Lane Hyannis MA 02601 [email protected] All Reverend Greg Barr New Road Church 260 Longview Dr Centerville MA 02632 All Israel M. Dasilva Brazilian Assembly of God in Hyannis 941 Mary Dunn Rd Hyannis MA 02630 All Brazilian Catholic Com St. Francis Xavier 347 South Street Hyannis MA 02630 All Apostle Winston Trought Covenant on The Rock Family Church 45 Plant Rd #112 Hyannis MA 02601 All Sara Hunter First Church of Christ PO Box 86 Hyannis MA 02601 All Fonte da Vida 77 High School Ext Hyannis MA 02601 All Pastor Marcello Pretti Igreja Presbiteria Renovada 58D Corporation Rd Hyannis MA 02601 All Alonso Dacunha Presbiteriana 320 Main Street Hyannis MA 02601 All Pastor Alvosir Marcondes Primeria Egreja Batista 631 Main Street Hyannis MA 02601 All Captain Cynthia Brown Salvation Army 100 North Street Hyannis MA 02601 ARMENIAN APOSTOLIC CHURCH OF CAPE COD PO BOX 1485 Mashpee MA 02649
MRS TERESA ROSE DONOVAN BAHAIS OF MASHPEE 47 POND VIEW DR Mashpee MA 02649 Judith Partelow Bahais of Mid-Cape [email protected] THOMAS MORROW INSTITUTE FOR ADVANCED STUDIES OF WORLD R39 WALTON HEATH WAY Mashpee MA 02649 REV FRANCES HOUSTON PRAYING STRONG ALL TRIBES HOUSE 2 COOMBS LN Mashpee MA 02649 DAVID E ROBBINS SOLID ROCK MINISTRIES 37 DIXON DR Mashpee MA 02649 CAPE COD UNITED CHURCH HOME INC II ONE WAMPANOAG DRIVE Mashpee MA 02649 James Kershner Cape Buddhist Sangha ISLAMIC CENTER OF CAPE COD PO Box# 1318 Mashpee MA 02649 508-428-0755 http://i.c.c.c.tripod.com/
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 8, 2020
8. Overview of Town Administrator’s Recommended FY21 Operating Budget and FY22 -FY26 Capital Improvements Plan
REQUESTED BY: John Kelly, Town Administrator DESIRED ACTION: Overview of Town Administrator’s Recommended FY21 Operating Budget and FY22-FY26 Capital Improvements Plan. PROPOSED MOTION: N/A
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 8, 2020
9. Vote to Call Annual and Special Town Meetings in May
REQUESTED BY: Board of Selectmen and Staff DESIRED ACTION: Vote to call Annual and Special Town Meetings in May 2020 PROPOSED MOTION: Vote to hold the May 11, 2020 Annual Town Meeting at 6:30 pm at the Nauset Middle School Gymnasium and open the warrant on February 7, 2020 at 8:30 a.m. and close on March 9, 2020 at 4:30 p.m. and vote to hold the May 11, 2020 Special Town Meeting at 6:30 p.m. and open the warrant on March 9, 2020 at 8:30 a.m. and close the warrant on March 25, 2020 at 4:30 p.m.
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
TOWN OF ORLEANS Office of the Town Administrator
TO: Orleans Board of Selectmen DATE: 1/15/20
Action ______X______
Information: ______
ANNUAL & SPECIAL TOWN MEETINGS
BACKGROUND:
The Board needs to vote on the May 11, 2020 Annual and Special Town Meetings. The Annual Town Meeting timetable would be as follows:
Publication of Opening & Closing Dates January 24, 2020 Open Warrant February 7, 2020 Close Warrant March 9, 2020 Warrant Article Recommendations April 1, 2020 Warrant to Printer April 3, 2020 Publication Date of Warrant April 17, 2020
The Special Town Meeting timetable would be as follows:
Publication of Opening & Closing Dates January 24, 2020 Open Warrant March 9, 2020 Close Warrant March 25, 2020 Warrant Article Recommendations April 1, 2020 Warrant to Printer April 3, 2020 Publication Date of Warrant April 17, 2020
TOWN ADMINISTRATOR’S RECOMMENDATION:
Vote to hold the May 11, 2020 Annual Town Meeting at 6:30 pm at the Nauset Middle School Gymnasium and open the warrant on February 7, 2020 at 8:30 a.m. and close on March 9, 2020 at 4:30 p.m. and vote to hold the May 11, 2020 Special Town Meeting at 6:30 p.m. and open the warrant on March 9, 2020 at 8:30 a.m. and close the warrant on March 25, 2020 at 4:30 p.m.
FISCAL IMPLICATIONS:
None other than what has been budgeted.
BOARD OF SELECTMEN ACTION:
APPROVED: ______DISAPPROVED: ______
U:\TownAdministrator\TownAdmin\Town Meetings & Elections\2020 May ATM & STM\Preparation\Action forms\May 13, 2019 O & C Warrants.docx
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 8, 2020
10. TOWN ADMINISTRATOR’S REPORT
REQUESTED BY: John Kelly, Town Administrator DESIRED a. Approve amended Orleans Historical Society License Agreement to expand ACTION: use of Annex space b. Approve September 18-20, 2020 Dates for Celebrate Our Waters c. Barnstable County Home Consortium Nomination d. Follow-up on 141 Portanimicut Road process to transfer control of property e. Fire Chief retirement date and next steps PROPOSED TBD
MOTION:
Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
To: Board of Selectmen From: John F. Kelly, Town Administrator Re: TOWN ADMINISTRATOR’S REPORT Date: January 15, 2020
As part of the meeting agenda for Wednesday evening, the following items will be discussed under my report:
A. Approve amended OHS License Agreement to Expand Use of Annex Space Included in your packet is amended license agreement between the Town and Orleans Historical Society for the expanded use of the Annex space to allow the OHS to maintain an office during the Meeting House renovations. I have been working with the new OHS President Jay Stradal and we have agreed on a monthly rent of $220 to cover the additional cost of the utilities (heat & electricity) the Town will have to pay to cover the expanded use during the term of the license. I have also reviewed the proposed amendment with Town Counsel to be sure that the change will comply with MGL, Ch. 30B and have been advised that the amendment as proposed is appropriate.
Recommendation: Vote to authorize the Town Administrator to sign the amended license agreement with the Orleans Historical Society for the expanded use of the Annex as office space during renovations.
B. Celebrate our Waters - September 18- 20, 2020 Included in your packet is a letter from Judith Bruce, OPC President, requesting permission to schedule the annual Celebrate Our Waters to begin on Friday, September 18 through Sunday, September 20, 2020.
Recommendation: Vote to approve the Orleans Pond Coalition's request to schedule Celebrate Our Waters weekend beginning on Friday, September 18 through Sunday, September 20, 2020. . C. Barnstable County Home Consortium Nomination At the January 7 Affordable Housing Committee meeting, Katie Wibby indicated that she did not want to continue to serve as the Town’s representative to the Barnstable County HOME Consortium. The committee voted unanimously to recommend that the Board of Selectmen nominate Fran McClennen as the our HOME representative and forward her nomination to the County Commissioners for formal appointment.
The HOME Consortium was created by County ordinance in 1992 to receive and administer HOME funds, which are generally used to support affordable housing on Cape Cod. Orleans has benefitted by receiving HOME funds for several projects, including Opa’s Way, the Hinckley housing project, and the Finlay Road affordable condominium project. Funds were usually provided on a unit-basis to support construction at levels between $15,000 and $25,000 per unit.
Recommendation: Vote to nominate Fran McClennen as the Town's representative to the Barnstable County HOME Consortium.
D. Follow up on 141 Portanimicut Road process to transfer control of the property As a follow up to the Board's recent discussion regarding 141 Portanimicut Road and the Cons Com possibly transferring control of the property to the Board of Selectmen, John Jannell, Nate Sears and I met with Town Counsel Mike Ford to review the matter. Mike Ford explained that the process is more complicated since the property was purchased as open space using CPA funding which puts it under the statutory control of the Cons Com. In order to transfer control, the Cons Com would need to take a vote that the property no longer had any value as open space, an article would need to be passed at town meeting authorizing the filing of a special act of the legislature (Article 97) to remove the restrictions on the property. The final step would require that the town payback the purchase price of the property to the CPA. Mike Ford has offered to work with the Cons Com and their Task Force on possible scenarios that could allow for increased use of the property, access to the water and parking, without transferring control. The Cons Com is scheduled to begin making appointments to their Task Force next Tuesday.
E. Fire Chief Retirement Date and Next Steps Chief Pike has informed me that his official retirement date will be February 22, 2020. In accordance with the Orleans Charter, the Board of Selectmen is the appointing authority for the Fire Chief. The Board may choose to conduct a limited search and promote the new Fire Chief from within the Orleans Fire Department, or conduct a broader search that is open to outside candidates as well. If the Board limits the search to internal candidates, we should post a notice of vacancy at the Fire Station with the instructions for interested applicants. Interviews would then be scheduled with the Board and conducted in open session.
If the Board chooses to conducts a broader search, the first step would be to appoint a search committee to screen and interview applicants and make recommendations on a list of three finalists for the Board for consideration. The search committee meetings would be conducted in executive session and once the committee made its recommendations, the finalists would be interviewed by the Board in open session.
2 | Page
DRAFT
AMENDED LICENSE AGREEMENT LICENSE FOR SPACE AT TOWN HALL ANNEX
1) PARTIES – TOWN OF ORLEANS, acting by its Board of Selectmen hereinafter referred to as “LICENSOR”, does hereby grant a revocable license to the Orleans Historical Society & Museum, of Orleans, Massachusetts, hereinafter referred to as “LICENSEE”, and the LICENSEE is hereby granted permission to use the following described premises;
2) PREMISES – the upper level in said Town Hall Annex Building, located at 139 Main Street, totaling approximately 1,500 square feet of space.
3) TERM – The term of this license shall commence on November 21, 2019 and end on December 31, 2020.
FEE – The LICENSEE shall pay the LICENSOR a fee of Two Hundred and Twenty ($220.00) Dollars per 4) month, beginning on January 16, 2020 to offset the cost of utilities (heat and electricty).
5) USE OF PREMISES – The LICENSEE agrees to use the Premises as storage space for museum artifacts, collections, office equipment, furnishings and the like during the next phase of renovations in the Meetinghouse. 6) MAINTENANCE OF PREMISES – The LICENSEE agrees to maintain the Premises in the same condition as it is at the commencement of this license, damage by fires and other casualty only excepted. The LICENSEE shall not permit the Premises to be overloaded, damaged, stripped, or defaced, nor suffer any waste. LICENSEE shall be responsible for any re-keying of entry door locks and providing a new lockbox key for the Fire Department for a smoke/fire response to the Premises
7) ALTERATIONS AND ADDITIONS – The LICENSEE shall not make structural alterations or additions to the Premises but may make non-structural alterations provided the TOWN consents thereto in writing. All such allowed alterations shall be at the LICENSEE’S expense and shall be in quality at least equal to the present construction. Notwithstanding the foregoing, the LICENSEE agrees to make any alterations to the Premises that may be required pursuant to orders from the Building Commissioner, Board of Health, and/or Fire Chief of the Town of Orleans. LICENSEE shall not permit any mechanic’s liens, or similar liens, to remain upon the Licensed premises for labor and materials furnished to LICENSEE or claimed to have been furnished to LICENSEE in connection with work of any character performed or claimed to have been performed at the direction of the LICENSEE and shall cause any such lien to be released of record forthwith without cost to TOWN.
8) ASSIGNMENT AND SUBLEASING – The LICENSEE shall not assign or sublet the whole or any part of the licensed premises.
~ 1 ~ 9) LICENSOR’S ACCESS – The LICENSOR or agents of the LICENSOR may at reasonable times, enter to view the Premises.
10) LICENSEE’S LIABILITY INSURANCE – The LICENSEE shall maintain with respect to the Premises and the property, of which the Premises are a part, comprehensive general bodily injury and property damage liability insurance, in the amount of one million ($1,000,000.00) dollars, and workers compensation insurance as required under the General Laws of Massachusetts, including employer’s liability in the amount of five hundred thousand ($500,000.00) dollars. All such insurance shall be afforded by responsible companies qualified to do business in Massachusetts and in good standing therein insuring the LICENSOR as well as the LICENSEE against injury to persons or damage to property as provided. The LICENSEE shall deposit with the LICENSOR certificates for such insurance. All such insurance certificates shall provide that such policies shall not be canceled without at least ten (10) days prior written notice to each insured named therein.
11) NOTICE – Any notice from the LICENSOR to the LICENSEE relating to the licensed premises or to the occupancy thereof, shall be deemed duly served, if mailed to the Orleans Historical Society & Museum by certified mail, return receipt requested, addressed to the LICENSEE, at P.O. Box 353, Orleans, MA 02653. Any notice from the LICENSEE to the LICENSOR relating to the licensed premises or to the occupancy thereof, shall be deemed duly served, if mailed to the Board of Selectmen of the Town of Orleans by certified mail, return receipt requested, postage pre-paid, addressed to the LESSOR, at 19 School Rd, Orleans, MA 02653.
12) SURRENDER – The LICENSEE shall at the expiration or other termination of this lease remove all the LICENSEE’S goods and effects from the Premises including, without hereby limiting the generality of the foregoing, all sign and lettering affixed or painted by the LICENSEE. LICENSEE shall deliver to the LICENSOR the Premises in the same conditions as it was at the commencement of the term. In the event of the LICENSEE’S failure to remove any of the LICENSEE’S property from the Premises, the LICENSOR is hereby authorized, without liability to LICENSOR for loss or damage thereto, and to the sole risk of LICENSEE, to remove and store any of the property at LICENSEE’S expense, or to retain same under LICENSOR’S Control or to sell at public or private sale, without notice, any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property.
13) TERMINATION – The LICENSOR reserves the right to terminate this LICENSE for any reason upon 30 days written notice to the LICENSEE as outlined #11.
14) LICENSEE TO INDEMNIFY LICENSOR – The LICENSEE agrees to hold the LICENSOR free and harmless from any liens, judgements or encumbrances created or suffered by the LICENSEE, and from any and all liability, penalties, losses, damages, costs and expenses, causes of action, claims or judgements arising from injury during the terms of this License Agreement to persons or any nature occasioned by any act or acts, omission or omissions, of the LICENSEE or of its employees, agents or servants, subtenants, or contractors, and growing out of the
~ 2 ~ occupation of the Premises, and also against all legal costs and charges, including counsel fees, reasonable incurred in and about such matters, and the defense of any action arising out of the same, or in discharging said premises or any part thereof from any and all liens that may be placed thereon for charges incurred by the LICENSEE.
TOWN OF ORLEANS ORLEANS HISTORICAL SOCIETY, INC.
______John F. Kelly, Town Administrator Signature
______Date Print Name and Title
______Date APPROVED AS TO FORM
______Town Counsel
______Date
~ 3 ~
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 8, 2020
11. LIAISON REPORTS
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 8, 2020
12.ITEMS FOR FUTURE AGENDAS
Requested by: Topic: Requested to be on: