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HomeMy Public PortalAbout20190826 - Planning Board - AgendaHOPKINTON PLANNING BOARD Monday, August 26, 2019 7:00 P.M. Hopkinton Town Hall, 18 Main Street, Hopkinton, MA Room 215/216 AGENDA 1.Administrative Items 2.Continued Public Hearings -The Trails at Legacy Farms -1)Amendment to Approved Site Plan and 2) Amendment to Master Plan Special Permit - Heritage Properties Amendments to the approved Site Plan and Special Permit to address changes necessitated by the approval of Article 37 at 2019 Annual Town Meeting. 3.Local Action Unit Application Discussion and Recommendation to Select Board - Chamberlain-Whalen Subdivision - REC Hopkinton, LLC The Select Board has asked the Planning Board to review and provide feedback regarding the Local Action Unit application to the Department of Housing and Community Development for the affordable units to be provided off-site in order to satisfy the requirement for the Chamberlain-Whalen subdivision. Business to be considered by the Board at any time during the meeting: ●Presentation regarding Lumber Street/West Main Street improvements ●Legacy Farms North (Section formerly known as Rafferty Road) - Discussion about disrepair ●Peloquin Estates - No-cut easements ●Municipal Vulnerability Preparedness and Climate Change discussion ●Affordable housing/payments-in-lieu/off-site units discussion ●Future agenda items, correspondence Town of Hopkinton  Department of Land Use, Planning and Permitting  18 Main Street, Hopkinton MA 01748  (508) 497-9745      DATE:  August 21, 2019     TO:  Planning Board     FROM: John Gelcich, AICP, Principal Planner     RE: Items on Planning Board Agenda, August 26, 2019    Contents:  1.The Trails at Legacy Farms -1)Amendment to Approved Site Plan and 2)               Amendment to Master Plan Special Permit - Heritage Properties  2.Local Action Unit Application Discussion and Recommendation to Select Board -            Chamberlain-Whalen Subdivision - REC Hopkinton, LLC    1.The Trails at Legacy Farms -1)Amendment to Approved Site Plan and 2)               Amendment to Master Plan Special Permit - Heritage Properties    1.1.Background   The Applicant has submitted these two applications to address issues with            affordable housing,specifically as a result of Article 37 passing at 2019 Annual              Town Meeting.The Site Plan and Master Plan Special Permit need to be              amended to allow for the change in layout necessitated by a reduction in units               and to allow for payment-in-lieu for affordable housing.     1.2.Regulatory Review  The amendments are intended to bring the project in conformance with the             Zoning Bylaw.     1.3.Relevant Materials Submitted for this Meeting  ●Special Permit Amendment - Master Version - 08-21-19 - Redline  ●Special Permit Amendment - Master Version - 08-21-19 - Clean  ●Decision of Site Plan Review - Master Version - 08-21-19 - Redline  ●Decision of Site Plan Review - Master Version - 08-21-19 - Clean    1.4.Comments Received  Town Counsel,the Principal Planner,and the Applicant have undertaken           significant coordination to draft a new decision for both the Master Plan Special              Permit (as it relates to The Trails)and the Site Plan Approval.The redline and                clean versions are attached to this packet.     1 1.5.Decision Criteria   1.5.1.Master Plan Special Permit Amendment (§210-172.D)  No Master Plan Special Permit shall be granted unless the Planning Board             finds that:  (1)The Master Plan complies with the provisions of this Article and of             the Design Guidelines.  (2)The Master Plan shall serve the purposes of the OSMUD District as             described in § 210-162. [Amended 5-6-2015 ATM, Art. 39]  (3)The impact of the development activities shown on the Master           Plan is anticipated to be of benefit to the Town.  (4)The major intersections and roadways providing access to the          OSMUD District will continue to operate at an acceptable level of            service (LOS)based on the anticipated impact of vehicular traffic           from any previously approved uses within the OSMUD District that           will remain plus all new proposed development within the OSMUD           District.  (5)The Master Plan provides adequately for the convenience and          safety of vehicular and pedestrian movement within the OSMUD          District and in relation to streets,property or improvements          outside of the OSMUD District.  (6)The Master Plan provides for the adequacy of the methods of            disposal of sewage,refuse,and other wastes,provision of utilities,           and the methods of drainage for surface water and seasonal           flooding, if any, and protection of water sources for the Town.    1.5.2.Site Plan Amendment (§210-173.D)  The Planning Board shall approve an application for Site Plan review if it              finds that:  (1)The Site Plan complies with the Master Plan Special Permit;  (2)The Site Plan meets all of the requirements and standards set            forth in this Article,the Master Plan Special Permit,and applicable            Design Guidelines;  (3)The convenience and safety of vehicular and pedestrian         movement within the Development Project and in relation to          adjacent areas and public ways is ensured;  (4)Substantial adverse potential impacts of the Development Project         have been adequately mitigated.  (5)Adequate mitigation has been provided with respect to any          conditions impacting on-site safety,whether such conditions are         created on-site or off-site.    1.6.Public Hearing Outline  None.    1.7.Board Actions  The Board’s votes on the submitted materials will consist of:  2 ●For the MPSP Amendment -Decision is due 90 days after the close of the                public hearing and a ⅔majority vote is required for approval.All             members are eligible to vote.     ●For the Site Plan Amendment -Decision is due 90 days after the close of                the public hearing and a simple majority vote is required for approval.All              members are eligible to vote.     1.8.Other  None.     2.Local Action Unit Application Discussion and Recommendation to Select Board -            Chamberlain-Whalen Subdivision - REC Hopkinton, LLC    2.1.Background   The Select Board has requested comments,feedback,and other input from the             Planning Board on the Local Action Units (LAU)application submitted for the             three affordable housing units to satisfy the FCD requirements of the            Chamberlain-Whalen subdivision.     2.2.Regulatory Review  The request from the Select Board is not governed by local regulations.             Additionally,there is no requirement at the State level that the Planning Board              weigh in on this application.It is the request of the Select Board that the                Planning Board “sign off”on what is being proposed before the Select Board              takes action.     2.3.Relevant Materials Submitted for this Meeting  ●Hopkinton Chamberlain-Whalen Offsite Program Lip Submission 8-1-19    2.4.Comments Received  None.     2.5.Decision Criteria   The Board should review the application and make a determination as to             whether the information listed in the application is accurate as it relates to the               Planning Board approvals for the project.    2.6.Public Hearing Outline  None.    2.7.Board Actions  As there is no real approval to be voted on for this matter since the Board does                  not have authority over this application,it is recommended that the Board vote              to recommend one of three options:  ○That the Select Board sign the application;  ○That the Select Board not sign the application,and state the            reasoning;  3 ○That the Select Board sign the application after certain changes are            made, and list the proposed changes.    2.8.Other  None.       4 TOWN OF HOPKINTON PLANNING BOARD TOWN HALL 18 MAIN STREET HOPKINTON, MA 01748 (508) 497-9745 Amendment to Master Plan Special Permit Decision DATE: ___________________, 2019 RE: Application of The Trails, LLC and Legacy Farms, LLC for an Amendment to the Master Plan Special Permit dated May 13, 2010 and recorded in the Middlesex South Registry of Deeds in Book 58540, Page 313, for LEGACY FARMS, as amended by Amendment dated May 11, 2018 (the “2018 MPSP Amendment”) recorded in the Middlesex South Registry of Deeds in Book 71109, Page 353, pursuant to Article XXVI, Open Space Mixed Use Development Overlay District, of the Hopkinton Zoning By-law APPLICANT: The Trails, LLC, 490-B Boston Post Road, Suite 202, Sudbury, MA OWNER: The Trails, LLC, 490-B Boston Post Road, Suite 202, Sudbury, MA Legacy Farms, LLC, 21 Center Street, Weston, MA A.Procedural History: 1.An Application for an Amendment to the Master Plan Special Permit (“MPSP”) issued on May 13, 2010, as amended by an Amendment to the Special Permit dated May 11, 2018 (the “2018 Amendment”), was filed by the referenced Applicant on _________________, July 11, 2019. 2.The property subject to the Application (the “Site”) is shown on the Hopkinton Assessors Map as a portion of the parcel at Map R8, Block 38, Lot 0. The Site is further described as a   portion of Lots A-1, 8 and 9 and owned by Legacy Farms, LLC. Lot A-1-7 is owned by   The Trails, LLC. The Trails Open Space Mixed Use Development is further described as   Lots A-1-7, A-1-8 and a portion of A-1-9, as shown on a plan entitled, “Approval Not Required Plan of Land Baystone Development”, dated May 8, 2018, endorsed by the Planning Board on May 14, 2018, and recorded in the Middlesex South Registry of Deeds as Plan No. 410 of 2018 (copy attached). The exact layout of the Project Site is shown on the    Plan filed with this Application entitled, “The Trails at Legacy Farms, Hopkinton, Massachusetts”, dated June ______, 25, 2019. 3.The supporting documents submitted with the Application indicated the Applicant’s belief that the proposed amendment was major. The difference between a “major” amendment and a “minor” amendment is that a public hearing is required before the Board may approve a major amendment (Zoning Bylaw section 210-172.E). In this instance, the Board determined that the proposed amendment was major, and a public hearing on the application was duly noticed and held in accordance with the requirements of M.G.L. c. 40A, §9. 4.A public hearing on the Application was held on _ August 12, 2019, and _________________, August 26, 2019. 5.The Applicaon was accompanied and augmented by a plan entled, “The Trails at Legacy Farms, Hopkinton, Massachuses”, dated June ____, 25, 2019 (the ” “ 2019 Plans”). “ 6. The plan was reviewed by the Planning Board and was submitted for comment to Town departments and officials as required. The plan was also reviewed in conjunction with the plans and materials submitted by the Applicant with a concurrent Site Plan Review Amendment Application for The Trails at Legacy Farms proposed for the same Buildable Area. Throughout its deliberations, the Planning Board has been mindful of the statements of the Applicant, the Applicant’s consultants and representatives, and the comments of the general public, all as made at the public hearings. 7. Pursuant to section 210-171.A of the Zoning Bylaw, the Planning Board has adopted Open Space Mixed Use Development Overlay District Regulations (the “OSMUD Regulations”) to govern the submission requirements and procedures for amendments to special permits in the OSMUD District. B.Master Plan Special Permit Approval Criteria: Section 210-172.D of the Hopkinton Zoning By-law states that no MPSP shall be granted unless the Planning Board finds that: 1.The Master Plan complies with the provisions of Article XXVI of the Zoning Bylaw and of the Design Guidelines submitted and approved pursuant to section 210-174 thereof. Pursuant to section 210-174.B of the Zoning By-law, the Design Guidelines shall implement the following design principles: a.The design shall consider the natural resources of the land, including topographic, geologic and natural features, and the historical character of the Town, where applicable. b.Restricted Land and landscaped areas shall complement, enhance or screen the building and parking areas. Natural features shall be incorporated within Restricted Land areas where possible. c.A network of trails shall provide access to various points of interest, including recreation areas, unique vistas, and historic sites both within and outside of the OSMUD District and shall link Restricted Land areas. d.The design of the OSMUD District shall incorporate stormwater practices consistent with low impact development techniques in addition to Best Stormwater Management Practices. e.Buildings within the OSMUD District shall utilize energy efficient design and execution and low impact development techniques and principles, to the extent feasible. f.The design shall be respectful of existing neighborhood settings. 2.The Master Plan serves the purposes of the OSMUD District as described in section 210-162 of the Zoning By-law and will be in harmony with the general purpose and intent of the Zoning By-law. The specific purposes of the OSMUD District are set forth in section 210-162 of the Zoning By-law: The purpose of the Open Space Mixed Use Development Overlay District (OSMUD District) is to balance conservation and development goals and to protect and enhance the character of the natural and cultural resources of the Town, while promoting planned development and appropriate use of land in accordance with community goals and design guidelines. Toward that end, the OSMUD District is intended to permit the clustering of residential and commercial uses on large tracts of land that have open space as an integral characteristic, and to ensure quality site planning to accommodate a site's physical characteristics, including its topography, vegetation, water bodies, wetlands, open spaces, historic resources and major scenic views. 3.The impact of the development activities shown on the Master Plan is anticipated to be of benefit to the Town. 4.The major intersections and roadways providing access to the OSMUD District will continue to operate at an acceptable level of service (LOS) based on the anticipated impact of vehicular traffic from any previously approved uses within the OSMUD District that will remain plus all new proposed development within the OSMUD District. 5.The Master Plan provides adequately for the convenience and safety of vehicular and pedestrian movement within the OSMUD District and in relation to streets, property or improvements outside of the OSMUD District. 6.The Master Plan provides for the adequacy of the methods of disposal of sewage, refuse, and other wastes, provision of utilities, and the methods of drainage for surface water and seasonal flooding, if any, and protection of water sources for the Town. C.General Findings of Fact: 1. The Applicant proposes to modify the layout of the dwelling units at The Trails at   Legacy Farms, as approved by the Board on May 11, 2018. The changes include the   reduction in the number of triplex units, changes in the number of duplex and simplex   units and a reduction in the number of units from one hundred eighty (180) to one   hundred seventy-five (175). The dwelling styles are unchanged. The location of the units   are within the previously approved limit of work and Buildable Area.  At the May 6, 2019 Annual Town Meeting, Section 210-167.C of the Zoning Bylaw was amended to permit certain Dwelling Units of Affordable Housing to be constructed or provided outside of the OSMUD District and to allow for payment of funds into the Town of Hopkinton Affordable Housing Trust Fund in lieu of constructing or offering some or all of the Dwelling Units required by said section. The OSMUD District Bylaw was also amended to expand the definition of “Restricted Land” to include land used for cultural uses. ¶ ¶ 2. The submitted plan depicts 28.1 acres of Buildable Area. The 2010 Legacy Farms                Master Plan showed 19.66 acres of Buildable Area in this location; the plan presented to                 the 2015 town meeting showed 30.84 acres of Buildable Area in this location. Developed                land within Legacy Farms is either Buildable Area or Restricted Land. The areas of                Restricted Land and Buildable Area are unchanged form that approved in the 2018               Amendment. ¶ ¶ 3. No change to any other aspect of the Legacy Farms Master Plan is proposed. ¶ ¶ 4 2. The Applicant seeks to amend the Master Plan Special Permit to reflect these changes. 3 . The Master Plan Special Permit Approval Criteria in section 210-172.D of the Zoning By-law continue to be met with the change to Buildable Area proposed. D.Decision In view of the foregoing, the Planning Board voted on August ,, _____, 2019 to approve the amendment to the Master Plan Special Permit dated May 13, 2010, as amended on December 9, 2013, March 3, 2014, October 11, 2016, and May 11, 2018 ( , as follows: 1.By substituting the “Master Plan Special Permit”), and words “Museum Parcel” for each instance of the approved Legacy Farms Master Plan, as shown on a plan entitled “The   Trails at Legacy Farms; Buildable Area Exhibit”, prepared by Engineering Consultants,   Inc., dated ______________, 2019. A copy of said plan is on file with the Planning Board.   “Athletic Fields Parcel” in the MPSP; A.Conditions. ¶ ¶ 1. The number of units in the Trails shall not exceed 175. ¶ ¶ 2.By deleting Condition 2 . in its entirety and inserting, in place thereof, a new Condition 2, as follows: All new dwelling units shall be located within Buildable Areas as depicted on the Master Plan or as amended. The maximum number of new dwelling units to be constructed on the Site shall be 1,120, which shall include no more than 15 single-family dwellings, which shall be allocated among named Buildable Areas so as to conform to the ranges shown on Drawings Number C-4N and C-4S of the Master Plan, as well as Condition 4 of this MPSP; provided, however, that 180 one hundred seventy five (175) senior housing units may be located within Buildable Areas as depicted on the Master Plan (Amend   Condition 2 of the Master Plan Special Permit Decision plan entitled “The Trails at Legacy Farms, Hopkinton, Massachusetts,” dated May 13, 2010). June 25, 2019 (the “Senior Housing Development”). In accordance with Section 210-167.C, no more than nine 9 Certificates of Occupancy may be issued for Market Rate senior housing dwelling units within the Senior Housing Development for: (1)each unit of Affordable Housing constructed or provided by the Developer pursuant to Section 210-167.C anywhere in Town outside of the OSMUD District that is restricted for sale to any eligible purchase purchaser and eligible to be added to the Town’s Subsidized Housing Inventory , pursuant to Secon 210-167.C ; not to exceed eighteen ( 18 ) Affordable Housing units in the aggregate, or (2)each contribuon equal to the purchase price of a three-bedroom home that is affordable to a qualified affordable housing unit purchaser, as contained in the Department of Housing and Community Development Local Iniave Program guidelines regardless of what type of dwelling units are proposed, approved or constructed in the Development Project, to the Town of Hopkinton Affordable Housing Trust Fund. As only one hundred and seventy five (175) Dwelling Units are to be constructed in the Senior Housing Development, the developer is only required to construct or provide seventeen (17) Affordable Housing Units, contribung to the Town’s Affordable Housing Trust Fund in the amount specified above, for seventeen (17) units. The Applicant shall comply with Section Sections A(5), A(6), and A(7) of the Host Community Agreement as most recently amended. 3.3. By deleting Condition 5 in its entirety and inserting, in place thereof, a new Condition 5, as follows: The Restricted Land shall include the North Parcel and the South Parcels shown on the Official Zoning Map, as well as such additional Restricted Land as shall be designated and designed as required by Section 210-170 of the Zoning Bylaw, including, but not limited to, the Museum Parcel. 4.By deleting Condition 13A in its entirety and inserting, in place thereof, a new Condition 13A, as follows: If any Affordable Housing Units will be constructed on in the Site OSMUD District , such Affordable Housing Units shall be designated on the Site Plan throughout the Project and will shall be constructed in accordance with the Site Plan Approval. Affordable Housing Units constructed on within the Site OSMUD shall be indisnguishable from Market Rate Units in the Project in terms of locaon, construcon and exterior finishes; provided, however, that the Affordable Housing Units required pursuant to Secon 210-167.C, may be located outside of the OSMUD District, subject to approval by the Planning Board. Affordable Housing Units constructed or provided outside of the OSMUD district shall be of comparable construcon and quality as to other units within the Senior Housing Development Project (Amend Condition 13A of the   Master Plan Special Permit Decision dated May 13, 2010).. . 4. The Restricted Land shall include the North Parcel and the South   Parcels shown on the Official Zoning Map, as well as such   additional Restricted Land as shall be designated and designed as   required by Section 210-170 of the Zoning Bylaw, including, but   not limited to, the Athletic Fields/Museum Parcel (Amend   Condition 5 of the Master Plan Special Permit Decision dated   May 13, 2010). . ¶   ¶ 5.5. By deleting Condition 44 in its entirety and inserting, in place thereof, a new Condition 44, as follows: The Applicant shall make the Athletic Fields Parcel (also referred to as the   “Museum Parcel” in the Host Community Agreement) Museum Parcel available to the Town by means of a conveyance. The Town may devote the land for any use permied by Secon 210-170.A of the Zoning Bylaw, which includes land improved for municipal or cultural uses. The Restricted Land required pursuant to Secon 210-170 and Condion 5 of this MPSP shall include the Atlantic   Fields/Museum Parcel (Amend Condition 44 of the Master Plan   Special Permit Decision dated May 13, 2010).. Museum Parcel. 6. and 6.By deleting Condition 74A in its entirety and inserting, in place thereof, a new Condition 74A, as follows: The Applicant shall comply with Section Secons A(3), A(4), A(8) and A(9) of the Host Community Agreement as amended (Amend Condition 74A of the Master   Plan Special Permit Decision dated May 13, 2010). ¶ ¶ All conditions of the Master Plan Special Permit not affected by Conditions 1, 2, 3, 4, 5 and   6 hereof shall remain in full force and effect . E.Record of Vote The following members of the Planning Board voted to approve the amendment to the Master Plan Special Permit and the Legacy Farms Master Plan: ¶   Deborah Fein-Brug Gary Trendel ¶ Robert C. Benson ¶ The following member of the Planning Board voted in opposition to the amendment to the Master Plan Special Permit and the Legacy Farms Master Plan: Appeals of this special permit, if any, shall be made pursuant to M.G.L. c.40A, §17 and shall be filed within twenty (20) days after the date of filing of this special permit with the office of the Town Clerk. This amendment to the Master Plan Special Permit shall not be effective until filed with the Registry of Deeds by the Applicant and until a Notice is filed with the Town Clerk, Planning Board and Director of Municipal Inspections pursuant to Section 210-172.B. TOWN OF HOPKINTON PLANNING BOARD TOWN HALL 18 MAIN STREET HOPKINTON, MA 01748 (508) 497-9745 Amendment to Master Plan Special Permit Decision DATE:___________________, 2019 RE:Application of The Trails,LLC and Legacy Farms,LLC for an Amendment to the Master Plan Special Permit dated May 13,2010 and recorded in the Middlesex South Registry of Deeds in Book 58540,Page 313,for LEGACY FARMS,as amended by Amendment dated May 11, 2018 (the “2018 MPSP Amendment”)recorded in the Middlesex South Registry of Deeds in Book 71109,Page 353,pursuant to Article XXVI, Open Space Mixed Use Development Overlay District,of the Hopkinton Zoning By-law APPLICANT: The Trails, LLC, 490-B Boston Post Road, Suite 202, Sudbury, MA OWNER:The Trails, LLC, 490-B Boston Post Road, Suite 202, Sudbury, MA Legacy Farms, LLC, 21 Center Street, Weston, MA A.Procedural History: 1.An Application for an Amendment to the Master Plan Special Permit (“MPSP”)issued on May 13,2010,as amended by an Amendment to the Special Permit dated May 11,2018 (the “2018 Amendment”), was filed by the referenced Applicant on July 11, 2019. 2.The property subject to the Application (the “Site”)is shown on the Hopkinton Assessors Map as a portion of the parcel at Map R8,Block 38,Lot 0.The Site is further described as Lots A-1-7,A-1-8 and a portion of A-1-9,as shown on a plan entitled,“Approval Not Required Plan of Land Baystone Development”,dated May 8,2018,endorsed by the Planning Board on May 14,2018,and recorded in the Middlesex South Registry of Deeds as Plan No.410 of 2018 (copy attached).The exact layout of the Site is shown on the Plan filed with this Application entitled,“The Trails at Legacy Farms,Hopkinton,Massachusetts”, dated June 25, 2019. 3.The supporting documents submitted with the Application indicated the Applicant’s belief that the proposed amendment was major.The difference between a “major”amendment and a “minor”amendment is that a public hearing is required before the Board may approve a major amendment (Zoning Bylaw section 210-172.E).In this instance,the Board determined that the proposed amendment was major,and a public hearing on the application was duly noticed and held in accordance with the requirements of M.G.L. c. 40A, §9. 4.A public hearing on the Application was held on August 12, 2019, and August 26, 2019. 5.The Application was accompanied and augmented by a plan entitled,“The Trails at Legacy Farms, Hopkinton, Massachusetts”, dated June 25, 2019 (the “2019 Plans”). 6.The plan was reviewed by the Planning Board and was submitted for comment to Town departments and officials as required.The plan was also reviewed in conjunction with the plans and materials submitted by the Applicant with a concurrent Site Plan Review Amendment Application for The Trails at Legacy Farms proposed for the same Buildable Area.Throughout its deliberations,the Planning Board has been mindful of the statements of the Applicant,the Applicant’s consultants and representatives,and the comments of the general public, all as made at the public hearings. 7.Pursuant to section 210-171.A of the Zoning Bylaw,the Planning Board has adopted Open Space Mixed Use Development Overlay District Regulations (the “OSMUD Regulations”)to govern the submission requirements and procedures for amendments to special permits in the OSMUD District. B.Master Plan Special Permit Approval Criteria: Section 210-172.D of the Hopkinton Zoning By-law states that no MPSP shall be granted unless the Planning Board finds that: 1.The Master Plan complies with the provisions of Article XXVI of the Zoning Bylaw and of the Design Guidelines submitted and approved pursuant to section 210-174 thereof. Pursuant to section 210-174.B of the Zoning By-law,the Design Guidelines shall implement the following design principles: a.The design shall consider the natural resources of the land,including topographic, geologic and natural features,and the historical character of the Town,where applicable. b.Restricted Land and landscaped areas shall complement,enhance or screen the building and parking areas.Natural features shall be incorporated within Restricted Land areas where possible. c.A network of trails shall provide access to various points of interest,including recreation areas,unique vistas,and historic sites both within and outside of the OSMUD District and shall link Restricted Land areas. d.The design of the OSMUD District shall incorporate stormwater practices consistent with low impact development techniques in addition to Best Stormwater Management Practices. e.Buildings within the OSMUD District shall utilize energy efficient design and execution and low impact development techniques and principles,to the extent feasible. f.The design shall be respectful of existing neighborhood settings. 2.The Master Plan serves the purposes of the OSMUD District as described in section 210-162 of the Zoning By-law and will be in harmony with the general purpose and intent of the Zoning By-law. The specific purposes of the OSMUD District are set forth in section 210-162 of the Zoning By-law: The purpose of the Open Space Mixed Use Development Overlay District (OSMUD District) is to balance conservation and development goals and to protect and enhance the character of the natural and cultural resources of the Town,while promoting planned development and appropriate use of land in accordance with community goals and design guidelines.Toward that end,the OSMUD District is intended to permit the clustering of residential and commercial uses on large tracts of land that have open space as an integral characteristic,and to ensure quality site planning to accommodate a site's physical characteristics,including its topography,vegetation,water bodies,wetlands,open spaces,historic resources and major scenic views. 3.The impact of the development activities shown on the Master Plan is anticipated to be of benefit to the Town. 4.The major intersections and roadways providing access to the OSMUD District will continue to operate at an acceptable level of service (LOS)based on the anticipated impact of vehicular traffic from any previously approved uses within the OSMUD District that will remain plus all new proposed development within the OSMUD District. 5.The Master Plan provides adequately for the convenience and safety of vehicular and pedestrian movement within the OSMUD District and in relation to streets,property or improvements outside of the OSMUD District. 6.The Master Plan provides for the adequacy of the methods of disposal of sewage,refuse,and other wastes,provision of utilities,and the methods of drainage for surface water and seasonal flooding, if any, and protection of water sources for the Town. C.General Findings of Fact: 1.At the May 6,2019 Annual Town Meeting,Section 210-167.C of the Zoning Bylaw was amended to permit certain Dwelling Units of Affordable Housing to be constructed or provided outside of the OSMUD District and to allow for payment of funds into the Town of Hopkinton Affordable Housing Trust Fund in lieu of constructing or offering some or all of the Dwelling Units required by said section.The OSMUD District Bylaw was also amended to expand the definition of “Restricted Land”to include land used for cultural uses. 2.The Applicant seeks to amend the Master Plan Special Permit to reflect these changes. 3.The Master Plan Special Permit Approval Criteria in section 210-172.D of the Zoning By-law continue to be met with the change to Buildable Area proposed. D.Decision In view of the foregoing,the Planning Board voted on August _____,2019 to approve the amendment to the Master Plan Special Permit dated May 13,2010,as amended on December 9, 2013, March 3, 2014, October 11, 2016, and May 11, 2018, as follows: 1.By substituting the words “Museum Parcel”for each instance of the “Athletic Fields Parcel” in the MPSP; 2.By deleting Condition 2 in its entirety and inserting,in place thereof,a new Condition 2,as follows: All new dwelling units shall be located within Buildable Areas as depicted on the Master Plan as amended.The maximum number of new dwelling units to be constructed on the Site shall be 1,120,which shall include no more than 15 single-family dwellings,which shall be allocated among named Buildable Areas so as to conform to the ranges shown on Drawings Number C-4N and C-4S of the Master Plan,as well as Condition 4 of this MPSP;provided, however,that one hundred seventy five (175)senior housing units may be located within Buildable Areas as depicted on the plan entitled “The Trails at Legacy Farms,Hopkinton, Massachusetts,” dated June 25, 2019 (the “Senior Housing Development”). In accordance with Section 210-167.C,no more than 9 Certificates of Occupancy may be issued for dwelling units within the Senior Housing Development for: (1)each unit constructed or provided by the Developer outside of the OSMUD District that is restricted for sale to any eligible purchaser and eligible to be added to the Town’s Subsidized Housing Inventory,pursuant to Section 210-167.C;not to exceed eighteen (18) Affordable Housing units in the aggregate, or (2)each contribution equal to the purchase price of a three-bedroom home that is affordable to a qualified affordable housing unit purchaser,as contained in the Department of Housing and Community Development Local Initiative Program guidelines regardless of what type of dwelling units are proposed,approved or constructed in the Development Project,to the Town of Hopkinton Affordable Housing Trust Fund. As only one hundred and seventy five (175)Dwelling Units are to be constructed in the Senior Housing Development,the developer is only required to construct or provide seventeen (17)Affordable Housing Units,contributing to the Town’s Affordable Housing Trust Fund in the amount specified above, for seventeen (17) units. The Applicant shall comply with Sections A(5), A(6), and A(7) of the Host Community Agreement as most recently amended. 3.By deleting Condition 5 in its entirety and inserting, in place thereof, a new Condition 5, as follows: The Restricted Land shall include the North Parcel and the South Parcels shown on the Official Zoning Map,as well as such additional Restricted Land as shall be designated and designed as required by Section 210-170 of the Zoning Bylaw,including,but not limited to, the Museum Parcel. 4.By deleting Condition 13A in its entirety and inserting, in place thereof, a new Condition 13A, as follows: If any Affordable Housing Units will be constructed in the OSMUD District,such Affordable Housing Units shall be designated on the Site Plan throughout the Project and shall be constructed in accordance with the Site Plan Approval.Affordable Housing Units constructed within the OSMUD shall be indistinguishable from Market Rate Units in terms of location,construction and exterior finishes;provided,however,that the Affordable Housing Units required pursuant to Section 210-167.C,may be located outside of the OSMUD District,subject to approval by the Planning Board.Affordable Housing Units constructed or provided outside of the OSMUD district shall be of comparable construction and quality as to other units within the Senior Housing Development Project. 5.By deleting Condition 44 in its entirety and inserting, in place thereof, a new Condition 44, as follows: The Applicant shall make the Museum Parcel available to the Town by means of a conveyance.The Town may devote the land for any use permitted by Section 210-170.A of the Zoning Bylaw,which includes land improved for municipal or cultural uses.The Restricted Land required pursuant to Section 210-170 and Condition 5 of this MPSP shall include the Museum Parcel. and 6.By deleting Condition 74A in its entirety and inserting, in place thereof, a new Condition 74A, as follows: The Applicant shall comply with Sections A(3),A(4),A(8)and A(9)of the Host Community Agreement as amended. E.Record of Vote The following members of the Planning Board voted to approve the amendment to the Master Plan Special Permit and the Legacy Farms Master Plan: The following member of the Planning Board voted in opposition to the amendment to the Master Plan Special Permit and the Legacy Farms Master Plan: Appeals of this special permit,if any,shall be made pursuant to M.G.L.c.40A,§17 and shall be filed within twenty (20)days after the date of filing of this special permit with the office of the Town Clerk. This amendment to the Master Plan Special Permit shall not be effective until filed with the Registry of Deeds by the Applicant and until a Notice is filed with the Town Clerk,Planning Board and Director of Municipal Inspections pursuant to Section 210-172.B. TOWN OF HOPKINTON PLANNING BOARD TOWN HALL 18 MAIN STREET HOPKINTON, MA 01748 (508) 497-9745 Decision of Site Plan Review DATE: _____________, 2019 RE: Application of Heritage Properties for Amendment to the Open Space Mixed Use Development Overlay District Site Plan Review. Decision dated May 11, 2018 and recorded with the Middlesex South Registry of Deeds in Book 71110, Page 28 (the “Trails Decision”). APPLICANT: The Trails, LLC, 490-B Boston Post Road, Suite 202, Sudbury, MA SITE ADDRESS: Legacy Farms North and Wilson Street ; Hopkinton Assessors Map R8, Block 38, Lot 0. OWNER: The Trails, LLC, 490-B Boston Post Road, Suite 202, Sudbury, MA Legacy Farms, LLC, 21 Center Street, Weston, MA DEVELOPMENT PROJECT: The Trails at Legacy Farms A.Procedural History: 1.An Application for Amendment of the Open Space Mixed Use Development Overlay District (“OSMUD District”) Site Plan Review, Decision dated May 11, 2018 , (the “Application”), was filed with the Hopkinton Planning Board (hereinafter “the Board”) by the referenced Applicant on June ____, July 11, 2019. 2.The property subject to this applicaon (the “Site”) is shown on the Hopkinton Assessors Map as a poron of the parcel at Map R8, Block 38, Lot 0. The Site is further described as a poron of Lots A-1, 8 and-9 and owned by Legacy Farms, LLC. Lot A-1-7 is owned by The Trails, LLC. The Trails Open Space Mixed Use Development The Site is further described as Lots A-1-7, A-1-8 and a poron of A-1-9, as shown on a plan entled, “Approval Not Required Plan of Land Baystone Development ”, dated May 8, 2018, endorsed by the Planning Board on May 14, 2018, and recorded in the Middlesex South Registry of Deeds as Plan No. 410 of 2018 (copy aached). The exact layout of the Development Project is shown on the Plan filed with this Applicaon entled, “The Trails at Legacy Farms, Hopkinton, Massachuses”, dated June ____, 25, 2019. ¶ Client Files/48170/0001/03229463.DOCX 3.The Board issued a Master Plan Special Permit (MPSP) on May 13, 2010, amended June 1, 2012, July 11, 2012, November 20, 2013, December 9, 2013, April 30, 2015, August 12, 2015, October 11, 2016, and May 11, 2018, approving a Master Plan for Legacy Farms, which includes the Site. 4.The Board issued a Certificate of Planning Board Action on October 19, 2012 approving a Definitive Subdivision Plan entitled, “Legacy Farms Road North and Frankland Road Relocation”. The roadway shown on the approved Definitive Subdivision Plan will provide access to The Trails at Legacy Farms Development Project. The Definitive Subdivision Plan was endorsed by the Planning Board on December 3, 2012. 5.The Board issued a Decision of Site Plan Review approving the Plan entitled, “Site Development Plans for Heritage Properties, The Trails at Legacy Farms”, prepared by Bohler Engineering, dated January 3, 2018 and revised through April 16, 2018, for the construction of The Trails . on May 11, 2018 (the “Trails Decision”). 6.At the May 6, 2019 Annual Town Meeting, Section 210-167.C of the Zoning Bylaw was amended to permit certain Dwelling Units of Affordable Housing to be constructed or provided outside of the OSMUD District and to allow for payment of funds into the Town of Hopkinton Affordable Housing Trust Fund in lieu of constructing or offering some or all of the Dwelling Units of Affordable Housing required by said section. 7.A public hearing on the Application was held on August 12, 2019 and August 26, 2019. 8.6. The Application included a proposed Site Plan entitled, “, “The Trails at Legacy Farms, Hopkinton, Massachusetts”, dated June _____, 25, 2019, (the “2019 Plans”) which is attached to this Decision as Appendix C. A The Site Plan was accompanied and augmented by: 1) Supporting Documents for Site Plan Approval Amendment and Special Permit Amendment , dated June ____, July 11, 2019; and 2) Stormwater Management Report entitled, “Drainage Report for The Trails at Legacy Farms”, prepared by Engineering Consultants, Inc., dated June ____, July 8, 2019. 7. 9.The Application and other submission materials were reviewed by the Planning Board and its consultants and were submitted for comment to Town departments and officials as required. ↵ 8. 10.Throughout its deliberations, the Planning Board has been mindful of the statements of the Applicant, its consultants and representatives, and the comments of the general public, all as made at the public hearings. B.OSMUD Site Plan Review Decision Criteria: Section 210-173.D of the Hopkinton Zoning By-law states that the Planning Board shall approve an Application for Site Plan Review if it finds that: Client Files/48170/0001/03229463.DOCX 2 ¶ (1)The Site Plan complies with the Master Plan Special Permit; (2)The Site Plan meets all of the requirements and standards set forth in Arcle XXVI, the Master Plan Special Permit, and applicable Design Guidelines; (3)The convenience and safety of vehicular and pedestrian movement within the Development Project and in relaon to adjacent areas and public ways is ensured; (4)Substanal adverse potenal impacts of the Development Project have been adequately migated; (5)Adequate migaon has been provided with respect to any condions impacng on-site safety, whether such condions are created on site or off-site. C.General Findings: 1. The Applicant proposes to reduce the number of housing units from one hundred eighty (180) to one hundred seventy-five, consisting of sixty-two (62) simplex units, forty-nine (49) duplex units and five (5) triplex attached units. There will be three hundred fifty (350) bedrooms. All units will be Market Rate. 2. The Notwithstanding General Finding 2 in the Trails Decision, the Applicant now proposes to satisfy the requirement for providing construct or provide one unit of Affordable Housing for every 10 Dwelling Units pursuant in the Development Project, but not to the authorizations established exceed eighteen (18) Dwelling Units of Affordable Housing in the aggregate, or in lieu of constructing or providing some or all of the Affordable Housing units, contribute funds to the Town of Hopkinton Affordable Housing Trust Fund in the amount required by the amendment of Section 210 – - 167. C . of the Zoning By-Law Bylaw . 3. The proposed structures will comply with the dimensional and parking requirements applicable in the OSMUD District. 4. Access to the Development Project will be via Legacy Farms North. A Definitive Subdivision Plan showing the roadway and infrastructure for the street was approved by the Planning Board in a Certificate of Planning Board Action dated October 19, 2012. The street has been constructed and is open to public travel. 5. The Site contains 45.34 acres, which is located in the Agricultural Zoning District, the OSMUD District, and the Water Resources Protection Overlay District. The Development Project consists of 28.1 acres of Buildable Area and 17.24 acres of Restricted Land, as those terms are defined in the OSMUD District. The Amendment of the Site Plan does not affect the Buildable Area or Restricted Land Area, as the changes to the site are all within the previously approved limits of work. Client Files/48170/0001/03229463.DOCX 3 ¶ 6. In accordance with Section 210-170 of the Zoning By-law, applications for Site Plan Review of Development Projects shall designate 1.80 acres of area to remain as Restricted Land for everyone every one (1) acre of Buildable Area within the Development Project. The Restricted Land may be located within the Development Project for which Site Plan Review is being sought or may be located elsewhere within the OSMUD District. The Trails at Legacy Farms Development Project consists of 28.1 acres of Buildable Area, thereby requiring 50.58 acres of Restricted Land in total. The Site Plan shows 17.24 acres of Restricted Land . 7. The 17.24 acres of Restricted Land has been designated and designed in accordance with Section 210-170 of the Zoning By-law and is anticipated to be subject to a Natural State Restricted Land Covenant (10.3 acres) and a Restored or Landscaped Restricted Land Covenant (6.94 acres), as shown in the Site Plan set. 8. The Applicant has complied with the filing and submission requirements set forth in the OSMUD Regulations. D.Findings and Conditions : In view of the foregoing, the Planning Board voted on August , 2019 to: 1.Find that pursuant to Condion #14 of the MPSP, the submied documents sasfy all applicable requirements of the Zoning By-law Bylaw and the Host Community Agreement dated May 1, 2008 and as subsequently amended; 2.Find that each exisng intersecon and roadway providing access to the Site will connue to operate at an acceptable level of service based on the ancipated impact of vehicular traffic from previously approved uses within the Site that will remain, plus this Development Project, pursuant to MPSP Condion #49; 3.Find that the Five Decision Criteria are met, as set forth below. 1. In accordance with Section 210-167.C, the Applicant shall either   construct 18 units of Affordable Housing or, in lieu of   constructing or providing some or all of the Affordable Housing   units, contribute funds to the Town of Hopkinton Affordable   Housing Trust Fund in the amount required by said section.   Whether or not the Applicant constructs or provides some or all   of the required 18 units of Affordable Housing within the   OSMUD District, it shall not construct more than the 180   housing units described in Section C.1 of this Site Plan Approval   Client Files/48170/0001/03229463.DOCX 4 ¶ (Amend Section C.2 of the Decision of Site Plan review the   Trails dated May 11, 2018). ¶   ¶ ¶ 2.In accordance with Section 210-167.C, the Applicant shall either   construct or provide 18 units of Affordable Housing or, in lieu of   constructing some or all of the Affordable Housing units,   contribute funds to the Town of Hopkinton Affordable Housing   Trust Fund in the amount required by said section. ¶   ¶ 4.Find that the Trails Decision shall be amended as follows: a.By incorporating a new condition 4.a, as follows: 4a. The Applicant shall construct the types of homes as shown on the Revised Site Plan b.By deleting Condition 6 and inserting, in place thereof, a new Condition 6, as follow: 6. In accordance with Section 210-167.C, no more than 9 Certificates of Occupancy may be issued for Market Rate senior   housing units dwelling units within the Senior Housing Development for: (1)each unit of Affordable Housing unit constructed or provided by the Developer pursuant to Section   210-167.C anywhere in Town, outside of the OSMUD District that is restricted for sale to any eligible purchase purchaser and eligible to be added to the Town’s Subsidized Housing Inventory , pursuant to Secon 210-167.C ; not to exceed eighteen ( 18 ) Affordable Housing units in the aggregate, or (2)each contribuon equal to the purchase price of a three-bedroom home that is affordable to a qualified affordable housing unit purchaser, as contained in the Department of Housing and Community Development Local Iniave Program guidelines regardless of what type of dwelling units are proposed, approved or constructed in the Client Files/48170/0001/03229463.DOCX 5 ¶ Development Project, to the Town of Hopkinton Affordable Housing Trust Fund.   All Affordable Housing units constructed within the   Site pursuant to Section 210-167.C shall be   indistinguishable from Market Rate units   authorized thereby in terms of location,   construction and exterior finishes; provided,   however, that any Affordable Housing Units   required pursuant to Section 210-167.C, may be   located outside of the OSMUD District, as   approved by the Planning Board. Affordable   Housing Affordable Housing Units constructed or provided outside of the OSMUD district shall be approved by the Planning Board and be of comparable construction and quality as to other units within the Development Project (Amend Decision   Criteria 2.6 of the Decision of Site Plan review . The Applicant or its successor and assign as owner of the Development Project shall provide written annual reports to the Planning Board setting forth the total number of Dwelling Units to which this subparagraph applies that were rented or sold during the Trails dated May 11,   2018). foregoing annual period, the total number of such Dwelling Units that qualify as Affordable Housing, and the rental payment or sale price of such Dwelling Units that qualify as Affordable Housing. Such report may be in the format of a digital spreadsheet. 5.6. That the number of units Dwelling Units in the Trails shall not exceed one hundred   seventy-five ( 175 . ). As only one hundred and seventy five (175) Dwelling Units are to be constructed in the Senior Housing Development, the Applicant is only required to construct or provide seventeen (17) Affordable Housing Units, or in lieu of constructing or offering some or all of the Affordable Housing Units, contributing to the Town’s Affordable Housing Trust Fund in the amount specified above, for seventeen (17) units. 6.7. That the Trails shall be constructed in accordance with the 2019 Plans. 7.8. All conditions of the Trails Decision not affected by Conditions 4, 5 , 6 and 7 6     hereof shall remain in full force and effect . In light of the foregoing findings, the Planning Board voted on ____________, 2019 to approve the Revised Site Plan subject to the conditions contained herein. Client Files/48170/0001/03229463.DOCX 6 ¶ Decision Criterion #1 The Site Plan complies with the Master Plan Special Permit. In accordance with the provisions of MPSP Condition #2, the Board finds that the new dwelling units, as modified on the 2019 Plan , are located within Buildable Areas, as set forth in the Amendment to Master Plan Special Permit Decision dated May 11, 2018. MPSP Condition #8 states that each site plan approval for a Development Project involving Restricted Land that is to be restored or landscaped shall specify a required completion date for all restoration and landscaping work within the Restricted Land. Condition of approval #2 of this the Trails Decision, and other conditions as applicable to specific portions of the Development Project, establishes the completion date for the restoration and landscaping work. The proposed amendments do not alter these dates. MPSP Condition #13 requires that each application for site plan review for a Development Project pursuant to the MPSP shall indicate whether or not the Development Project is to be located in a Village that will be subject to a Village Landowners’ Association and, if so, the association documents shall be provided for review. The Trails at Legacy Farms Development Project will be subject to one or more separate Village Landowners’ Associations. The Applicant has requested that the requirement to submit the documents to the Town for review with the Site Plan Application be postponed to later in the development process. Condition of approval #1 of this the Trails Decision addresses the request and remains unchanged by this amendment . MPSP Condition #24 requires that all site plans for Development Projects shall conform to the Design Guidelines attached to the MPSP. The As amended, the Trails at Legacy Farms Site Plan conforms to the Legacy Farms Design Guidelines. Pursuant to MPSP Condition #26, the Board has voted to approve the Signage Plan submitted by Legacy Farms, LLC and hereby approves the individual signage program for the Development Project as depicted on the original Site Plan, with the exception that the entrance sign on Sheet 41 of the Site Plan set is not approved, as further indicated in Condition #7 on the Trails Decision . The In the Trails Decision, the Board hereby approves approved the construction schedule as attached to The Trails Decision . This decision does not amend the construction schedule . MPSP Condition #43 requires that with each application for Site Plan approval, the Applicant shall submit a description of its efforts to incorporate renewable energy technologies into the Development Project. Such information has been was submitted to the Board . as part of the Trails Decision. This amendment does not propose any changes to the Applicant’s stated efforts. MPSP Condition #54 requires that with each application for Site Plan Review that current traffic data be provided. As there is a reduction in the number of approved units , the and only minor Client Files/48170/0001/03229463.DOCX 7 ¶ unit realignment, no new traffic report was submitted. The Board accepts the Traffic Report that was originally filed in connection with the Trails Decision to be sufficient. The Applicant shall continue to comply with Conditions 1, 2, and 3 of the Trails Decision . Decision Criterion #2 The Site Plan meets all of the requirements and standards set forth in this Article, the Master Plan Special Permit, and applicable Design Guidelines. The Site Plan, as revised, meets all of the requirements set forth in the OSMUD District and the MPSP. The Design Review Board conducted a thorough review of the Site Plan in order to ensure compliance with the design objectives contained in the Design Guidelines and the OSMUD District. The design requirements set forth in the Trails Decision shall be followed. The Applicant shall comply with the following conditions: Conditions 4, 5, 7, 8 and 9 of the Trails Decision, as well as new Condition 4.a and Condition 6 of this Decision. ¶ 1. The Applicant shall utilize the types of homes as shown on the Revised Site Plan. ¶ ¶ 2. There shall be 17.5 Affordable Housing units created as part of the Development Project. In accordance with the Amendment to the MPSP dated October 11, 2016, no more than nine (9) Certificates of Occupancy may be issued for Market Rate senior housing units for each Affordable Housing unit on the site; not to exceed 17.5 Affordable Housing units in the aggregate. Any Affordable Housing units located on the Project site shall be indistinguishable from Market Rate units in terms of location, construction and exterior finishes. The provision of any off-site Affordable Housing shall be in accordance with Section 210-167. C. of the Zoning By-Law as amended. ¶ Decision Criterion #3 The convenience and safety of vehicular and pedestrian movement within the Development Project and in relation to adjacent areas and public ways is ensured. Information on traffic was submitted and reviewed by the Town’s consultant as part of the Trails Decision. The mitigations contained within the MPSP and in the Trails Decision are anticipated to be sufficient to ensure that the convenience and safety of vehicular movement within the Development Project , as amended, and in relation to the adjacent public ways is ensured. Legacy Farms North, which will serve the development, is shown on an approved Definitive Subdivision Plan entitled, “Legacy Farms Road North and Frankland Road Relocation”. The roadway has been designed to accommodate the vehicular and pedestrian traffic generated by the Development Project. Pedestrian movement within the Development Project, in relation to the entire Legacy Farms Development and in relation to abutting public open space is depicted on a plan entitled, Client Files/48170/0001/03229463.DOCX 8 ¶ “Overall Landscaping and Trail Plan”, Sheet 36 of the Approved Site Plan set . . This plan provides a conceptual framework for a pedestrian network, which includes the paved multi-use path along Legacy Farms North, sidewalks along the private ways and off-road natural trails. The Applicant shall comply with Conditions 10, 11, 12, 13 and 14 of the Trails Decision. Approval Criterion #4 Substantial adverse potential impacts of the Development Project have been adequately mitigated. Substantial adverse potential impacts of the Development Project, including visual impacts, traffic impacts and stormwater impacts, have been adequately mitigated as shown on the approved Site Plan and the Revised Site Plan has not further impacted. no additional impacts. Visual impacts are mitigated by the placement of roadways and structures, and by the provision of vegetative screening. Traffic impacts have been mitigated in the MPSP and the Trails Decision. Stormwater impacts have been mitigated by the design shown on the Revised Site Plan, which has been reviewed by the Board’s consulting engineer and incorporates low impact development techniques. The Applicant shall comply with Conditions 15 through 33 of the Trails Decision. Approval Criterion #5 Adequate mitigation has been provided with respect to any conditions impacting on-site safety, whether such conditions are created on site or offsite. Potential adverse conditions impacting the on-site safety of the Development Project have been adequately mitigated through the conditions of previous Site Plan, the MPSP Amendment decisions and the Trails Decision. The revised plans do not create any additional impacts. E.Record of Vote The following members of the Planning Board voted in favor of a motion to make the findings: ¶ ¶ The following member of the Planning Board voted in opposition to a motion to make the findings: ¶ ¶ The following members of the Planning Board voted in favor of a motion to approve the Application for Amendment of the Site Plan Review and the Site Plan set, subject to the above-stated terms and conditions: ¶ ¶ No members of the Planning Board voted in opposition to a motion to approve the Application for Site Plan Review and the Site Plan set. Client Files/48170/0001/03229463.DOCX 9 ¶ F.Right of Appeal Any person aggrieved by this Decision may appeal such Decision to the Board of Appeals within twenty (20) days of the date of the Decision, as provided for in Article XX and §§210-146 to 210-148 of the Zoning By-law, and in M.G.L. c. 40A, §§ 8 and 15. ¶ ¶ Client Files/48170/0001/03229463.DOCX 10 ¶ TOWN OF HOPKINTON PLANNING BOARD TOWN HALL 18 MAIN STREET HOPKINTON, MA 01748 (508) 497-9745 Decision of Site Plan Review DATE:_____________, 2019 RE:Application of Heritage Properties for Amendment to the Open Space Mixed Use Development Overlay District Site Plan Review. Decision dated May 11, 2018 and recorded with the Middlesex South Registry of Deeds in Book 71110, Page 28 (the “Trails Decision”). APPLICANT: The Trails, LLC, 490-B Boston Post Road, Suite 202, Sudbury, MA SITE ADDRESS:Legacy Farms North and Wilson Street​; Hopkinton Assessors Map R8, Block 38, Lot 0. OWNER:The Trails, LLC, 490-B Boston Post Road, Suite 202, Sudbury, MA Legacy Farms, LLC, 21 Center Street, Weston, MA DEVELOPMENT PROJECT: The Trails at Legacy Farms A.Procedural History: 1.An Application for Amendment of the Open Space Mixed Use Development Overlay District (“OSMUD District”)Site Plan Review,Decision dated May 11,2018 (the “Application”),was filed with the Hopkinton Planning Board (hereinafter “the Board”)by the referenced Applicant on July 11, 2019. 2.The property subject to this application (the “Site”) is shown on the Hopkinton Assessors Map as a portion of the parcel at Map R8, Block 38, Lot 0. The Site is further described as Lots A-1-7, A-1-8 and a portion of A-1-9, as shown on a plan entitled, “Approval Not Required Plan of Land Baystone Development”, dated May 8, 2018, endorsed by the Planning Board on May 14, 2018, and recorded in the Middlesex South Registry of Deeds as Plan No. 410 of 2018 (copy attached). The exact layout of the Development Project is shown on the Plan filed with this Application entitled, “The Trails at Legacy Farms, Hopkinton, Massachusetts”, dated June 25, 2019. 3.The Board issued a Master Plan Special Permit (MPSP)on May 13,2010,amended June 1,2012,July 11,2012,November 20,2013,December 9,2013,April 30,2015,August 12,2015,October 11,2016,and May 11,2018,approving a Master Plan for Legacy Farms, which includes the Site. 4.The Board issued a Certificate of Planning Board Action on October 19,2012 approving a Definitive Subdivision Plan entitled,“Legacy Farms Road North and Frankland Road Relocation”.The roadway shown on the approved Definitive Subdivision Plan will provide access to The Trails at Legacy Farms Development Project.The Definitive Subdivision Plan was endorsed by the Planning Board on December 3, 2012. 5.The Board issued a Decision of Site Plan Review approving the Plan entitled,“Site Development Plans for Heritage Properties,The Trails at Legacy Farms”,prepared by Bohler Engineering,dated January 3,2018 and revised through April 16,2018,for the construction of The Trails on May 11, 2018 (the “Trails Decision”). 6.At the May 6, 2019 Annual Town Meeting, Section 210-167.C of the Zoning Bylaw was amended to permit certain Dwelling Units of Affordable Housing to be constructed or provided outside of the OSMUD District and to allow for payment of funds into the Town of Hopkinton Affordable Housing Trust Fund in lieu of constructing or offering some or all of the Dwelling Units of Affordable Housing required by said section. 7.A public hearing on the Application was held on August 12, 2019 and August 26, 2019. 8.The Application included a proposed Site Plan entitled, “, “The Trails at Legacy Farms, Hopkinton, Massachusetts”, dated June 25, 2019, (the “2019 Plans”) which is attached to this Decision as Appendix A The Site Plan was accompanied and augmented by: 1) Supporting Documents for Site Plan Approval Amendment, dated July 11, 2019; and 2) Stormwater Management Report entitled, “Drainage Report for The Trails at Legacy Farms”, prepared by Engineering Consultants, Inc., dated July 8, 2019. 9.The Application and other submission materials were reviewed by the Planning Board and its consultants and were submitted for comment to Town departments and officials as required. 10.Throughout its deliberations, the Planning Board has been mindful of the statements of the Applicant, its consultants and representatives, and the comments of the general public, all as made at the public hearings. B.OSMUD Site Plan Review Decision Criteria: Section 210-173.D of the Hopkinton Zoning By-law states that the Planning Board shall approve an Application for Site Plan Review if it finds that: (1)The Site Plan complies with the Master Plan Special Permit; (2)The Site Plan meets all of the requirements and standards set forth in Article XXVI, the Master Plan Special Permit, and applicable Design Guidelines; (3)The convenience and safety of vehicular and pedestrian movement within the Development Project and in relation to adjacent areas and public ways is ensured; (4)Substantial adverse potential impacts of the Development Project have been adequately mitigated; (5)Adequate mitigation has been provided with respect to any conditions impacting on-site safety, whether such conditions are created on site or off-site. C.General Findings: 1.The Applicant proposes to reduce the number of housing units from one hundred eighty (180)to one hundred seventy-five,consisting of sixty-two (62)simplex units,forty-nine (49)duplex units and five (5)triplex attached units.There will be three hundred fifty (350) bedrooms. All units will be Market Rate. 2.Notwithstanding General Finding 2 in the Trails Decision,the Applicant now proposes to construct or provide one unit of Affordable Housing for every 10 Dwelling Units in the Development Project,but not to exceed eighteen (18)Dwelling Units of Affordable Housing in the aggregate,or in lieu of constructing or providing some or all of the Affordable Housing units,contribute funds to the Town of Hopkinton Affordable Housing Trust Fund in the amount required by Section 210-167.C of the Zoning Bylaw. 3.The proposed structures will comply with the dimensional and parking requirements applicable in the OSMUD District. 4.Access to the Development Project will be via Legacy Farms North.A Definitive Subdivision Plan showing the roadway and infrastructure for the street was approved by the Planning Board in a Certificate of Planning Board Action dated October 19,2012. The street has been constructed and is open to public travel. 5.The Site contains 45.34 acres,which is located in the Agricultural Zoning District,the OSMUD District,and the Water Resources Protection Overlay District.The Development Project consists of 28.1 acres of Buildable Area and 17.24 acres of Restricted Land,as those terms are defined in the OSMUD District.The Amendment of the Site Plan does not affect the Buildable Area or Restricted Land Area,as the changes to the site are all within the previously approved limits of work. 6.In accordance with Section 210-170 of the Zoning By-law,applications for Site Plan Review of Development Projects shall designate 1.80 acres of area to remain as Restricted Land for every one (1)acre of Buildable Area within the Development Project. The Restricted Land may be located within the Development Project for which Site Plan Review is being sought or may be located elsewhere within the OSMUD District.The Trails at Legacy Farms Development Project consists of 28.1 acres of Buildable Area, thereby requiring 50.58 acres of Restricted Land in total.The Site Plan shows 17.24 acres of Restricted Land. 7.The 17.24 acres of Restricted Land has been designated and designed in accordance with Section 210-170 of the Zoning By-law and is anticipated to be subject to a Natural State Restricted Land Covenant (10.3 acres) and a Restored or Landscaped Restricted Land Covenant (6.94 acres), as shown in the Site Plan set. 8.The Applicant has complied with the filing and submission requirements set forth in the OSMUD Regulations. D.Findings and Conditions​: In view of the foregoing, the Planning Board voted on August , 2019 to: 1.Find that pursuant to Condition #14 of the MPSP,the submitted documents satisfy all applicable requirements of the Zoning Bylaw and the Host Community Agreement dated May 1, 2008 and as subsequently amended; 2.Find that each existing intersection and roadway providing access to the Site will continue to operate at an acceptable level of service based on the anticipated impact of vehicular traffic from previously approved uses within the Site that will remain, plus this Development Project, pursuant to MPSP Condition #49; 3.Find that the Five Decision Criteria are met, as set forth below. 4.Find that the Trails Decision shall be amended as follows: a.By incorporating a new condition 4.a, as follows: 4a. The Applicant shall construct the types of homes as shown on the Revised Site Plan b.By deleting Condition 6 and inserting, in place thereof, a new Condition 6, as follow: 6. In accordance with Section 210-167.C,no more than 9 Certificates of Occupancy may be issued for dwelling units within the Senior Housing Development for: (1)each unit constructed or provided by the Developer outside of the OSMUD District that is restricted for sale to any eligible purchaser and eligible to be added to the Town’s Subsidized Housing Inventory,pursuant to Section 210-167.C;not to exceed eighteen (18)Affordable Housing units in the aggregate, or (2)each contribution equal to the purchase price of a three-bedroom home that is affordable to a qualified affordable housing unit purchaser,as contained in the Department of Housing and Community Development Local Initiative Program guidelines regardless of what type of dwelling units are proposed,approved or constructed in the Development Project,to the Town of Hopkinton Affordable Housing Trust Fund. Affordable Housing Units constructed or provided outside of the OSMUD district shall be approved by the Planning Board and be of comparable construction and quality as to other units within the Development Project. The Applicant or its successor and assign as owner of the Development Project shall provide written annual reports to the Planning Board setting forth the total number of Dwelling Units to which this subparagraph applies that were rented or sold during the foregoing annual period,the total number of such Dwelling Units that qualify as Affordable Housing,and the rental payment or sale price of such Dwelling Units that qualify as Affordable Housing. Such report may be in the format of a digital spreadsheet. 5.That the number of Dwelling Units in the Trails shall not exceed one hundred seventy-five (175).As only one hundred and seventy five (175)Dwelling Units are to be constructed in the Senior Housing Development,the Applicant is only required to construct or provide seventeen (17)Affordable Housing Units,or in lieu of constructing or offering some or all of the Affordable Housing Units,contributing to the Town’s Affordable Housing Trust Fund in the amount specified above,for seventeen (17) units. 6.That the Trails shall be constructed in accordance with the 2019 Plans. 7.All conditions of the Trails Decision not affected by Conditions 4,5 and 6 hereof shall remain in full force and effect​. In light of the foregoing findings, the Planning Board voted on ____________, 2019 to approve the Revised Site Plan subject to the conditions contained herein. Decision Criterion #1 The Site Plan complies with the Master Plan Special Permit. In accordance with the provisions of MPSP Condition #2,the Board finds that the dwelling units, as modified on the 2019 Plan,are located within Buildable Areas,as set forth in the Amendment to Master Plan Special Permit Decision dated May 11, 2018. MPSP Condition #8 states that each site plan approval for a Development Project involving Restricted Land that is to be restored or landscaped shall specify a required completion date for all restoration and landscaping work within the Restricted Land.Condition of approval #2 of the Trails Decision,and other conditions as applicable to specific portions of the Development Project,establishes the completion date for the restoration and landscaping work.The proposed amendments do not alter these dates. MPSP Condition #13 requires that each application for site plan review for a Development Project pursuant to the MPSP shall indicate whether or not the Development Project is to be located in a Village that will be subject to a Village Landowners’Association and,if so,the association documents shall be provided for review.The Trails at Legacy Farms Development Project will be subject to one or more separate Village Landowners’Associations.The Applicant has requested that the requirement to submit the documents to the Town for review with the Site Plan Application be postponed to later in the development process.Condition of approval #1 of the Trails Decision addresses the request and remains unchanged by this amendment. MPSP Condition #24 requires that all site plans for Development Projects shall conform to the Design Guidelines attached to the MPSP.As amended,the Trails at Legacy Farms Site Plan conforms to the Legacy Farms Design Guidelines. Pursuant to MPSP Condition #26,the Board has voted to approve the Signage Plan submitted by Legacy Farms,LLC and hereby approves the individual signage program for the Development Project as depicted on the original Site Plan,with the exception that the entrance sign on Sheet 41 of the Site Plan set is not approved,as further indicated in Condition #7 on the Trails Decision. In the Trails Decision,the Board approved the construction schedule.This decision does not amend the construction schedule. MPSP Condition #43 requires that with each application for Site Plan approval,the Applicant shall submit a description of its efforts to incorporate renewable energy technologies into the Development Project.Such information was submitted to the Board as part of the Trails Decision. This amendment does not propose any changes to the Applicant’s stated efforts. MPSP Condition #54 requires that with each application for Site Plan Review that current traffic data be provided.As there is a reduction in the number of approved units and only minor unit realignment,no new traffic report was submitted.The Board accepts the Traffic Report that was originally filed in connection with the Trails Decision to be sufficient. The Applicant shall continue to comply with Conditions 1, 2, and 3 of the Trails Decision. Decision Criterion #2 The Site Plan meets all of the requirements and standards set forth in this Article, the Master Plan Special Permit, and applicable Design Guidelines. The Site Plan,as revised,meets all of the requirements set forth in the OSMUD District and the MPSP.The Design Review Board conducted a thorough review of the Site Plan in order to ensure compliance with the design objectives contained in the Design Guidelines and the OSMUD District. The design requirements set forth in the Trails Decision shall be followed. The Applicant shall comply with Conditions 4,5,7,8 and 9 of the Trails Decision,as well as new Condition 4.a and Condition 6 of this Decision. Decision Criterion #3 The convenience and safety of vehicular and pedestrian movement within the Development Project and in relation to adjacent areas and public ways is ensured. Information on traffic was submitted and reviewed by the Town’s consultant as part of the Trails Decision.The mitigations contained within the MPSP and in the Trails Decision are anticipated to be sufficient to ensure that the convenience and safety of vehicular movement within the Development Project, as amended, and in relation to the adjacent public ways is ensured. Legacy Farms North,which will serve the development,is shown on an approved Definitive Subdivision Plan entitled,“Legacy Farms Road North and Frankland Road Relocation”.The roadway has been designed to accommodate the vehicular and pedestrian traffic generated by the Development Project. Pedestrian movement within the Development Project,in relation to the entire Legacy Farms Development and in relation to abutting public open space is depicted on a plan entitled, “Overall Landscaping and Trail Plan”,Sheet 36 of the Approved Site Plan set.This plan provides a conceptual framework for a pedestrian network,which includes the paved multi-use path along Legacy Farms North, sidewalks along the private ways and off-road natural trails. The Applicant shall comply with Conditions 10, 11, 12, 13 and 14 of the Trails Decision. Approval Criterion #4 Substantial adverse potential impacts of the Development Project have been adequately mitigated. Substantial adverse potential impacts of the Development Project,including visual impacts, traffic impacts and stormwater impacts,have been adequately mitigated as shown on the approved Site Plan and the Revised Site Plan has no additional impacts.Visual impacts are mitigated by the placement of roadways and structures,and by the provision of vegetative screening.Traffic impacts have been mitigated in the MPSP and the Trails Decision. Stormwater impacts have been mitigated by the design shown on the Revised Site Plan,which has been reviewed by the Board’s consulting engineer and incorporates low impact development techniques. The Applicant shall comply with Conditions 15 through 33 of the Trails Decision. Approval Criterion #5 Adequate mitigation has been provided with respect to any conditions impacting on-site safety, whether such conditions are created on site or offsite. Potential adverse conditions impacting the on-site safety of the Development Project have been adequately mitigated through the conditions of previous Site Plan,the MPSP Amendment decisions and the Trails Decision. The revised plans do not create any additional impacts. E.Record of Vote F.Right of Appeal Any person aggrieved by this Decision may appeal such Decision to the Board of Appeals within twenty (20)days of the date of the Decision,as provided for in Article XX and §§210-146 to 210-148 of the Zoning By-law, and in ​M.G.L.​ c. 40A, §§ 8 and 15. Updated January 2016 -1- LOCAL INITIATIVE PROGRAM APPLICATION FOR LOCAL ACTION UNITS Introduction The Local Initiative Program (LIP) is a state housing initiative administered by the Department of Housing and Community Development (DHCD) to encourage communities to produce affordable housing for low- and moderate-income households. The program provides technical and other non-financial assistance to cities or towns seeking to increase the supply of housing for households at or below 80% of the area median income. LIP-approved units are entered into the subsidized housing inventory (SHI) pursuant to Chapter 40B. Local Action Units (LAUs) are created through local municipal action other than comprehensive permits; for example, through special permits, inclusionary zoning, conveyance of public land, utilization of Community Preservation Act (CPA) funds, etc. DHCD shall certify units submitted as LAUs if they met the requirements of 760 CMR 56.00 and the LIP Guidelines, which are part of the Comprehensive Permit Guidelines and can be found on the DHCD website at www.mass.gov/dhcd. To apply, a community must submit a complete, signed copy of this application to: Department of Housing and Community Development 100 Cambridge Street, Suite 300 Boston, Massachusetts 02114 Attention: Rieko Hayashi, Program Coordinator Telephone: 617-573-1426 Email: rieko.hayashi@state.ma.us Updated January 2016 -2- 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 Chamberlain Whalen Off Site Program will provide three affordable homeownership units as required under the Hopkinton Planning Board Special Permit issued April 30, 2018 and recorded at the Middlesex South Registry at Book/Page 71124/345. The units will be regulated as Local Action Units by DHCD and the Town of Hopkinton. Signatures of Support for the Local Action Units Application Chief Executive Officer: defined as the mayor in a city and the board of selectmen in a town, unless some other municipal officer is designated to be the chief executive officer under the provisions of a local charter Signature:____________________________ Print Name:___ Brendan Tedstone_________ Date:__________________ Chair, Affordable Housing Trust: (as applicable) Signature:____________________________ Print Name:_____________ Date:__________________ Updated January 2016 -3- Municipal Contact Information Chief Executive Officer Name Brendan Tedstone Address Select Board, Town Hall, 18 Main Street, Hopkinton, MA 01748 Phone 508-497-9701 Email selectboard@hopkintonma.gov Town Administrator/Manager Name Norman Khumalo Address Town Manager, Town Hall, 18 Main Street, Hopkinton, MA 01748 Phone 508-497-9701 Email nkhumalo@hopkintonma.gov City/Town Planner (if any) Name John Gelcich Address Principal Planner, Town Hall, 18 Main Street, Hopkinton, MA Phone 508-497-9745 Email jgelcich@hopkintonma.gov City/Town Counsel Name J. Raymond Miyares, Miyares & Harrington LLP Address 40 Grove St., Suite 190, Wellesley, MA 02482 Phone 617-489-1600 Email ray@miyares-harrington.com Chairman, Local Housing Partnership (if any) Name NONE Address Phone Email Community Contact Person for this project Name Address Phone Email Updated January 2016 -4- The Project Developer Name REC Hopkinton LLC, Paul Mastroianni Address 77 West Main St, Suite 213, Hopkinton, MA 01748 Phone 508.435.4031 Email kathi@onlinecommunications.net Is your municipality utilizing any HOME or CDBG funding for this project? No Local tax rate per thousand $__17.17_____ for Fiscal Year __2019______ Site Characteristics Project Style Total # of Units # of Units Proposed for LAU Certification Detached single-family house ___35___ ___3___ Rowhouse/townhouse _______ ________ Duplex ________ ________ Multifamily house (3+ family) ________ ________ Multifamily rental building _______ _____ Other (specify) ________ ________ Unit Composition Type of Unit: Condo Ownership Fee Simple Ownership Rental # of Units # of BRs # of Baths Gross Square Feet Livable Square Feet Proposed Sales Prices/ Rents Proposed Condo Fee Affordable: 2 3 1.5-2 $268,100 1 2 1+ $200,200 $300 Market: 32 3-4 2.5 2,800+ 2,400+ $850k+ NA Updated January 2016 -5- 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 master 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 -6- • 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. TOWN OF SUDBURY SUDBURY HOUSING TRUST Flynn Building 278 Old Sudbury Rd Sudbury, MA 01776 978-639-3387 http://www.sudbury.ma.us MARKETING PLAN FOR LOTTERY OF Chamberlain Whalen Off Site Program Homeownership Units Hopkinton, MA JULY 22, 2019 MARKETING PLAN FOR – FIELDS AT CHAMBERLAIN WHALEN OFFSITE, HOPKINTON Page 2 of 8 7/22/2019 Table of Contents Purpose of Plan ...................................................................................................................................... 3 Key Contacts .......................................................................................................................................... 3 Project Description ................................................................................................................................ 3 Purchase Prices ..................................................................................................................................... 4 Marketing Plan ....................................................................................................................................... 5 Eligibility and Preferences ..................................................................................................................... 6 Income ........................................................................................................................................................................... 6 Assets ............................................................................................................................................................................ 6 First-Time Homebuyer ..................................................................................................................................................... 6 Other Eligibility Criteria ..................................................................................................................................................... 6 Household Size Preference .............................................................................................................................................. 7 Local Preference ............................................................................................................................................................. 7 Lottery Procedures ................................................................................................................................ 7 Affordability Restrictions ....................................................................................................................... 8 MARKETING PLAN FOR – FIELDS AT CHAMBERLAIN WHALEN OFFSITE, HOPKINTON Page 3 of 8 7/22/2019 PURPOSE OF PLAN The Chamberlain Whalen Off Site Program will provide three affordable homeownership units as required under the Hopkinton Planning Board Special Permit issued April 30, 2018 and recorded at the Middlesex South Registry at Book/Page 71124/345. The Chamberlain Whalen Off Site Program units will be regulated through the DHCD Local Initiative Program as Local Action Units (LIP LAU). This marketing plan addresses the deed-restricted ownership units, and the lottery that will be held to identify eligible buyers. The lottery will be used to create a ranked applicant list for the project for the units available for sale within 18 months of the lottery. If the unit becomes available, and there are no qualified buyers on the lottery list, approval will be sought from DHCD to sell the unit on a First-Come First-Served manner, using the same eligibility guidelines below, updated for new income limits if needed. This marketing plan describes the project, and the marketing and outreach efforts in compliance with Fair Housing requirements, the eligibility criteria and the lottery and buyer selection process. The application material describes the unit and the process in more detail. The lottery plan will implement the income restrictions and any and all other procedures set forth below in compliance with the DHCD Affirmative Fair Housing Marketing Plan guidelines updated December 2014. KEY CONTACTS Developer: REC Hopkinton LLC 77 West Main St, Suite 213 Hopkinton, MA 01748 Owner: Paul Mastroianni Contact: Kathi Sherry kathi@onlinecommunications.net Lottery Agent: Elizabeth Rust, Lara Plaskon Sudbury Housing Trust 278 Old Sudbury Rd Sudbury, MA 01776 housing@sudbury.ma.us DHCD, LIP LAU Program Administrator: Rieko Hayashi DHCD, LIP Program 100 Cambridge Street, suite 300 Boston, MA 02110 Phone: (617) 573-1426 rieko.hayashi@state.ma.us PROJECT DESCRIPTION The Chamberlain Whalen development was approved by the Hopkinton Planning Board in April 2018, requiring three affordable units in addition to the thirty-two unit sub-division, with the affordable units delivered off site. In the Chamberlain Whalen Off Site Program, the developer selects the property, obtains the Planning Board and DHCD approval of the property, purchases the property and then offers it to an eligible household selected via lottery. The eligible household then completes the Purchase and Sale and closing processes. MARKETING PLAN FOR – FIELDS AT CHAMBERLAIN WHALEN OFFSITE, HOPKINTON Page 4 of 8 7/22/2019 Of the three homes to be delivered, two will be 3-Bedroom single family detached homes, and one will be a 2-Bedroom condominium. The condominium was included to accommodate households preferring lower maintenance responsibilities. The homes will be reviewed and approved by the Planning Board, and also DHCD. Two of the homes (one 3BR single family, and one condo) will be selected prior to the start of marketing and those addresses will be included in the marketing materials. The homes will be well-maintained homes with all systems and major items having 5-10 years of useful life remaining, with lead paint inspection and a home inspection done by licensed inspectors. The developer will provide a list of any repairs of defects they plan to remediate before sale to the buyer. Once approved, they will be offered to the top applicant of the lottery list. PURCHASE PRICES The sales prices shown below reflect three bedroom single family, and two bedroom condos, assuming a reasonable condo fee, 2019 income limits and other current parameters. Specific sales price for the condominium will be set when it is chosen and the condo fee is known. MARKETING PLAN FOR – FIELDS AT CHAMBERLAIN WHALEN OFFSITE, HOPKINTON Page 5 of 8 7/22/2019 MARKETING PLAN A marketing plan for an affordable housing lottery demonstrates and ensures Fair Housing regulations are complied with and that the units are made available to a wide audience of qualified people. The marketing and outreach activities are intended to communicate and advertise these opportunities. In general, the plan includes sending notices or flyers to local groups and organizations, notices for website publications, and advertisements in newspapers and periodicals. In accordance with the guidelines, the marketing period will start at least 60 days before the application period closes, and all advertisements will run twice. During the general marketing period, the Developer and the lottery administrator will offer one ‘informational session’ for members of the public to educate them about the Units and the lottery process. This will take place in a publically accessible location. Group What to send MetroWest Daily news Ad Sampan Newspaper Ad O Jornal/O Jornal Brasileiro Ad El Mundo Ad Bay State Banner Ad HopNews Ad Hopkinton Civic Groups, churches, temples Flyer Local housing Authorities Flyer Notice to Hopkinton Town Committees and employees Email notice Interested Person database Email Notice/Flyer Town of Hopkinton website Website Hopkinton Elder Housing Committee Flyer Hopkinton Public Library Flyer Action for Boston Community Development, Inc. Flyer Metrolist Clearinghouse Flyer Social Service Agencies, other non-profits, CDCs Flyer Mass Access Website Fair Housing Center of Boston Massachusetts Affordable Housing Alliance Website Merrimack Valley Housing Partnership Flyer Cambodian Mutual Assistance Association of Lowell Action for Boston Community Development, Inc Flyer Vietnamese American Initiative For Development Flyer Asian Community Development Corporation Flyer Asian American Civic Association Inc Flyer Vietnamese American Civic Association Flyer Urban Edge Housing Corporation Inc Flyer Neighborhood Development Corporation of Jamaica Plain Flyer La Alianza Hispana Inc Flyer Coalition For A Better Acre Inc Flyer Metropolitan Boston Housing Partnership Flyer South Middlesex Opportunity Council Flyer Community Teamwork Flyer MARKETING PLAN FOR – FIELDS AT CHAMBERLAIN WHALEN OFFSITE, HOPKINTON Page 6 of 8 7/22/2019 ELIGIBILITY AND PREFERENCES INCOME Income eligibility, as stated in the Guidelines, is governed by the rules and standards employed by the Department of Housing and Urban Development (“HUD”) in the selection of income-eligible tenants for publicly subsidized housing, as determined in the manner described in 24 CFR 5.609. The provisions of this section are intended to complement and not to override or supersede any applicable fair marketing regulations of DHCD, the Massachusetts Commission Against Discrimination, or any Town regulation with jurisdiction and like purpose, to provide low and/or moderate income housing. The applicant household is required to be at or less than 80% of the Boston Region Area Median Income (AMI) as published by HUD for total Gross Annual Household Income. Gross Annual Household Income includes all income prior to any deductions from all adult household members. This lottery will use the income limits in effect, currently 2019 income limits. An imputed income amount of .06% of assets will be added to income for assets over $5,000. 1 person - $62,450, 2 person - $71,400, 3 person - $80,300, 4 person - $89,200, 5 person – $96,350, 6 person - $103,500 ASSETS Household assets shall not exceed $75,000 in value for the affordable units. Assets include, but are not limited to all cash, cash in savings accounts, checking accounts, certificates of deposit, bonds, stocks, cash value of retirement accounts, value of real estate holdings and other capital investments. The value of necessary personal property (furniture, vehicles) is excluded from asset values. Assets that are included conform to the guidance from DHCD, and include retirement and pension funds amounts that can be withdrawn less penalties or transaction costs. FIRST-TIME HOMEBUYER All qualified applicants shall be first-time homebuyers and must not have had an ownership interest in a residential property for the preceding 3 years, including in trust, with exceptions made for: 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 1 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 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. OTHER ELIGIBILITY CRITERIA Individuals who have a relationship to the Developer or who have a financial interest in the Project and their families shall not be eligible to participate in the lottery. MARKETING PLAN FOR – FIELDS AT CHAMBERLAIN WHALEN OFFSITE, HOPKINTON Page 7 of 8 7/22/2019 HOUSEHOLD SIZE PREFERENCE The objective of these State subsidy programs is to provide housing to appropriate sized families, and to that end, there will be preference given in the lotteries with respect to the number of bedrooms needed. A “household’ is defined as two or more persons who will regularly live in the unit as their primary residence and who are related by blood, marriage, law or who have otherwise evidenced a stable inter-dependent relationship, or an individual. Within an applicant pool, first preference shall be given to households requiring at least the total number of bedrooms in the unit based on the following criteria: 1. There is at least one occupant per bedroom. 2. A husband and wife, or those in a similar living arrangement, shall be required to share a bedroom. 3. School-aged children of the opposite sex are not expected to share a bedroom. 4. Other household members may share but shall not be required to share a bedroom. LOCAL PREFERENCE There is no local preference for these units. LOTTERY PROCEDURES The main objective of the lottery process is to ensure that all winners are able to close on the unit while conducting Fair Housing practices. To that end, qualifications and eligibility are verified prior to entering the lottery. The Lottery Agent will provide a complete application package to each person requesting an application. The application form and package is attached and provides ample detail on the procedures and process, including a description of the eligibility requirements, as well as the date of lottery and how the lottery winners will be chosen. Applications will be available on-line, and sent to any requesting party, and will also be available at the Hopkinton Public Library. Key elements of the lottery process include: § Only qualified eligible applicants will enter the lottery. § Applicants will be notified of their standing and drawing results. § A minority pre-lottery will be held if required. § The lottery will be held in a public setting, and the results posted. § Records will be retained for audit purposes. The ballots are randomly drawn and placed in the order drawn. Units are awarded to households based on bedroom sizes, by proceeding down the list of lottery winners to the first household on the list which is of appropriate size for a three-bedroom unit. A general list will be created through this lottery and maintained with ranking, contact information, and #BR needed until the unit is sold, or all persons have declined to purchase. Applicants selected in the lottery who require special accessibility or reasonable accommodation features or modification will be given the opportunity to request such modifications. Before Purchase and Sale Agreement has been signed, final income and assets will be verified to ensure the buyer’s verified income meets the eligibility income limits, if over 60 days. Current mortgage requirements include: 1. The loan must have a fixed interest rate through the full term of the mortgage. 2. The loan must have a current fair market interest rate, no more than 2 percentage points above the current MassHousing rate. MARKETING PLAN FOR – FIELDS AT CHAMBERLAIN WHALEN OFFSITE, HOPKINTON Page 8 of 8 7/22/2019 3. The loan can have no more than 2 points. 4. The buyer must provide a down payment of at least 3%; half must come from the buyer’s own funds. 5. The loan must be from a financial institution. 6. The buyer may not pay more than 38% of their monthly income for the housing costs. 7. Non-household members shall not be permitted as co-signers of the mortgage. A FFORDABILITY R ESTRICTIONS It is important that the potential homeowner be advised and is fully aware of the restrictions on the property, and three documents assist the purchaser in understanding the complexities in the deed restriction. 1. There is the deed rider itself, which is available in hard copy in the office and can be sent electronically upon request. 2. The terms of the deed restriction are detailed in the disclosure section of the application, and acknowledgement signatures are required. 3. The restrictions are also covered in the Information Session, though attendance is not a requirement for application. Hopkinton Chamberlain Whalen Offsite Program – Affordable Homeownership Lottery Page 1 Town of Sudbury Sudbury Housing Trust Flynn Building 278 Old Sudbury Rd Sudbury, MA 01776 978-639-3387 Housing@Sudbury.Ma.US Information and Application for Affordable Housing Lottery Chamberlain Whalen Off Site Program Hopkinton MA 01748 3 Units: Two 3BR Single Family Home $268,100 One 2BR Condominium $200,200 This packet contains specific information for the lottery for three affordable homeownership units at the J Chamberlain Whalen Off Site Program in Hopkinton, MA, including eligibility requirements, the selection process, and a lottery application. The key milestones for this housing opportunity:  Application Period opens October XX, 2019  Information Session November XX, 2019, 7 pm, Hopkinton Location  Application Deadline December XX, 2019, 1 pm  Lottery December XX, 2019 7pm, Hopkinton Location This application is a first step in the lottery process and does not assure you a home. Applicants must secure approval for a mortgage loan and submit evidence of such approval together with the application. Please contact the agent below for any questions or to submit your application: Lara Plaskon Sudbury Housing Trust 278 Old Sudbury Rd Sudbury, MA 01776 (978) 639-3387 housing@Sudbury.Ma.US Project description The Chamberlain Whalen Off Site Program will provide three affordable units, offered through this lottery. The homes are existing units, and required under the Special Permit issued by the Hopkinton Planning Board. In the Chamberlain Whalen Off Site Program, the developer selects the property, obtains the Planning Board and DHCD approval of the property, purchases the property and then offers it to an eligible household selected via lottery. The eligible household then completes the Purchase and Sale and closing processes. Of the three homes to be delivered, two will be 3-Bedroom single family detached homes, and one will be a 2-Bedroom condominium. The condominium is included to accommodate households preferring lower maintenance responsibilities. Two of the homes (one 3BR single family, and one 2BR condo) have been selected and approved. [Add Addresses]. All homes offered in this Program are well-maintained with lead paint inspection and a home inspection done by licensed inspectors. The affordable units are offered under the Local Initiative Program (LIP), administered by Department of Housing and Community Development (DHCD), as Local Action Units (LAU). Local Action Units are created through local municipal action, in this case via the Town of Hopkinton’s Special Permit for Public Benefit Development. Sale prices of LAUs are set so that a household earning 70% of area median income would not expend more than 30% of income for housing. Hopkinton Chamberlain Whalen Offsite Program – Affordable Homeownership Lottery Page 2 Town of Sudbury Sudbury Housing Trust Flynn Building 278 Old Sudbury Rd Sudbury, MA 01776 978-639-3387 Housing@Sudbury.Ma.US The units will be available to income eligible first-time homebuyers, with some exceptions permitted under the program, as noted in this application. Lottery description: 1. The applications for this housing opportunity will be generally available, including on-line, in hardcopy at the Hopkinton Town Hall, and Hopkinton Public Library, sent to anyone interested in the lottery. Notice of the lottery will be advertised, and communicated widely through local, regional and state channels. 2. Applications must be received in hardcopy and will be checked for completion of all required components. An application will be considered complete when all required items on the checklist have been provided. Applicants are encouraged to complete the checklist as an aide to the process. We do not accept email or fax submission of applications. 3. For all units, the applicant’s household size will be determined from the application, and required number of bedrooms as indicated on the application. Within each lottery pool, priority shall be given to households requiring at least the number of bedrooms for that unit. Smaller households are encouraged to apply. 4. The applicant’s income will be verified and compared to the income limits published by HUD for the Boston Metropolitan Statistical Area. Income includes all income prior to any deductions from all adult household members, and are determined using the method as in the HUD Section 8 program defined at 24 CFR 5.609. An imputed income amount of 0.06% of assets will be added to income for assets over $5,000. The current income limits will be used, currently the 2019 limits: 1 person- $62,450, 2 person- $71,400, 3 person- $80,300 4 person- $89,200, 5 person- $96,350, 6 person - $103,500. 5. Household assets shall not exceed $75,000 in value. Assets include but are not limited to all cash, cash in savings accounts, checking accounts, certificates of deposit, bonds, stocks, the cash value of retirement accounts, value of real estate holdings and other capital investments. The value of necessary personal property (furniture, vehicles) is excluded from asset values. Equity from the sale of any home will be included with other household assets that cannot exceed the household asset value limits noted above. 6. Eligible applicants must be a First-time Homebuyer. This is further defined as a household that has not owned a home within three years, including in trust, preceding the application, with the exception of displaced homemaker, single parents and senior households (at least one household member is 55 or over). Any previously or currently owned home must be sold prior to purchase of the affordable unit. A displaced homemaker is an individual who is an adult, who has owned a home only with a spouse, who is legally separated from a spouse, and who does not currently own the home previously owned with a spouse. Single parents are individuals who 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 1 or more children of whom the individual has custody or joint custody, or is pregnant); Additional exceptions are made for households that owned a principal residence not permanently affixed to a permanent foundation, and households that owned a property that was not in compliance with State, local or model building codes. Eligible applicants cannot own residential property, whether for primary, secondary or investment purposes. 7. Persons must submit all the necessary information by the application deadline. Late applications (applications mailed and/or received after the above date) and applications that are incomplete will not be accepted. No faxed or emailed applications will be accepted. 8. All applicants will be screened for eligibility. Applicants who have been deemed ineligible will be notified in writing of the decision and given time to contact the lottery agent in writing to disagree with the determination. A final lottery Hopkinton Chamberlain Whalen Offsite Program – Affordable Homeownership Lottery Page 3 Town of Sudbury Sudbury Housing Trust Flynn Building 278 Old Sudbury Rd Sudbury, MA 01776 978-639-3387 Housing@Sudbury.Ma.US eligibility letter will be mailed to each applicant indicating their final eligibility determination, preferences and the lottery specifics (date/time). 9. There is one lottery pools created for these opportunities. 10. The lottery numbers will be pulled randomly by an independent third party in a public setting. Lottery numbers will be assigned a number in the sequence in which they are drawn and recorded in the order of selection on the Lottery Drawing Lists. The list of numbers drawn will be posted and letters will be mailed within three business days to the winners. 11. Once the tickets have been randomly drawn and listed in the drawn order, the unit is then ranked based on bedroom size. The top ranked household needing at least three bedrooms will be offered the first opportunity to purchase the unit. The household size preference shall be given to households based on the following criteria.  There is at least one occupant per bedroom.  A husband and wife, or those in a similar living arrangement, shall be required to share a bedroom.  Other household members may share but shall not be required to share a bedroom. 12. The lottery agent shall maintain all Lottery Drawing Lists. In the event that any of the applicants withdraw for any reason, or do not comply with guidelines, the next qualified applicant in the lottery pool ranked by bedroom size need, will be offered the unit. 13. Top ranked applicants are offered the next available unit. If any applicant is offered a unit and opts not to proceed within 2 weeks, they will be moved to the bottom of the list, unless there are extenuating circumstances related to hardship. 14. The winners will sign a reservation form and provide a $1,000 deposit in the form of a certified or bank check within a mutually agreed upon timeframe. This is applied to the overall purchase amount. 15. Final qualification against all requirements will be verified before the execution of Purchase and Sale, and eligible applicants must be approved by DHCD before signing a P&S and again before closing (if closing is longer than 60 days from the Purchase and Sale) as determined by the Lottery Agent. 16. There are specific closing and financing requirements for loans on these units, which are listed below. We strongly encourage households to apply through banks who are aware of the resale restrictions and guidelines for affordable housing programs. These banks will likely have access to additional first-time homebuyer programs that may be of great assistance and increase your buying power such as the Massachusetts Housing Partnership’s ONE Mortgage Program or MassHousing no-MI product. • The loan must have a fixed interest rate through the full term of the mortgage. • The loan must have a current fair market interest rate. • The interest rate must be locked in – not floating. • The buyer must provide a down payment of at least 3%, 1.5% of which must come from the buyer’s own funds. • The loan can have no more than 2 points. • The buyer may not pay more than 38% of their monthly income for monthly housing costs. • Mortgage co-signers are not accepted. • Loans from non-institutional lenders will not be accepted. • FHA will no longer accept the deed rider that survives foreclosure. 17. The Fair Housing Act prohibits discrimination on the basis of race, creed, color, sex, age, disability, marital status, familial status, veteran status, sexual orientation, and/or national origin, or any other basis prohibited by law and is specifically prohibited in the sale of these units. An applicant who believes that they have been discriminated against in the buyer selection and sales process may contact: the Massachusetts Commission Against Discrimination; and/or the United States Department of Housing and Urban Development. Hopkinton Chamberlain Whalen Offsite Program – Affordable Homeownership Lottery Page 4 Town of Sudbury Sudbury Housing Trust Flynn Building 278 Old Sudbury Rd Sudbury, MA 01776 978-639-3387 Housing@Sudbury.Ma.US 18. Disabled persons are entitled to request reasonable accommodation of rules, policies, or services, or reasonable modification of housing. 19. Resale process: The Monitoring Agent has up to 90 days after you give notice of your intention to sell the home to close on a sale to an Eligible Purchaser, or to close on a sale to a Monitoring Agent, or to a buyer that one of them may designate. This time period can be extended, as provided in the Deed Rider, to arrange for details of closing, to locate a subsequent purchaser if the first selected purchaser is unable to obtain financing, or for lack of cooperation on your part. If you attempt to sell or transfer the home without complying with the Deed Rider requirements, the Monitoring Agents may, among their other rights, void any contract for such sale or the sale itself. Hopkinton Chamberlain Whalen Offsite Program – Affordable Homeownership Lottery Page 5 Town of Sudbury Sudbury Housing Trust Flynn Building 278 Old Sudbury Rd Sudbury, MA 01776 978-639-3387 Housing@Sudbury.Ma.US AFFORDABLE HOUSING APPLICATION Must Be Completed and Returned to Sudbury Housing Trust Office by DATE, 1 pm Applicant Legal Name __________________________________ Phone Number ___________ E-mail ______________________ Address _____________________________________________ City ____________________ State/Zip _________________ Co-Applicant Legal Name _______________________________ Phone Number ___________ E-mail _______________________ Address _____________________________________________ City ____________________ State/Zip ________________ I learned of this lottery from (check all that applies): Website: _________________ Letter: ____________________ Advertisement: _________________ Other: ____________________ THIS APPLICATION IS NOT COMPLETE IF NOT SUBMITTED WITH: __________ Completed application signed by all individuals over the age of 18. __________ Copy of 2016, 2017 and 2018 Federal tax returns, as filed, with W-2’s and schedules for 2018 tax return, for every current or future person living in the household over the age of 18. State returns are not required. • If you do not have copies of your Federal tax returns, you must complete form 4506-T & submit to the IRS for transcripts of your tax return or verification of non-filing. Obtain a copy of the form at irs.gov. __________ Copy of five most recent consecutive pay stubs. __________ Current statements and documents that indicate the payment amounts from all other sources of income of all members listed on the application, such as family support, alimony, child support, Social Security benefits, pensions, unemployment compensation, workman’s compensation, disability and any other form of income. Equivalent of IRS form Schedule C for self-employment income for 2018. __________ Current statements (last 3 consecutive months) of all assets, including international assets, showing current value including all bank accounts, investment accounts, cash life insurance policies, retirement accounts:  On financial institution letterhead, Include all pages  Please explain any non-payroll deposits over $500 by notation on the statement. __________ Mortgage pre-approval and proof of adequate assets to cover down payment and closing costs. These units are not eligible for FHA or family loans, and applicants cannot spend more than 38% of their monthly income for monthly housing costs. __________ Documentation regarding current interest in real estate, if applicable. __________ No Income Statement, signed and notarized, for any household member over 18 with no source of income, if applicable, containing the language “Under penalties of Perjury.” __________ No Child Support Statement, signed and notarized, if applicable, containing the language “Under penalties of Perjury.” __________ Gift Letter, signed by donor, if applicable, indicating that there is no expected repayment of the gift. __________ Minority Self-Declaration Statement, signed and dated, if applicable, containing the language “Under penalties of Perjury.” Hopkinton Chamberlain Whalen Offsite Program – Affordable Homeownership Lottery Page 6 Town of Sudbury Sudbury Housing Trust Flynn Building 278 Old Sudbury Rd Sudbury, MA 01776 978-639-3387 Housing@Sudbury.Ma.US Household Information – List all members of your household including yourself. Number of Bedrooms Needed: ___________ Names of all Persons to Reside in Dwelling (First Name, Middle Initial, Last Name) Relation to Head Married? (Y/N) Full Time Student? (Y/N) Age Date of Birth Minority Category * (Optional) HEAD 2 3 4 5 6 . *Minority preference categories include only Native American or Alaskan Native, Black or African American, Asian, Native Hawaiian or Pacific Islander; or other (non-White); and the ethnic classification Hispanic or Latino. Requires a separate self- declaration document. Property - Do you own or have an interest in any real estate, land and/or mobile home? Yes ( ) No ( ) Address: Current Value: [Provide current assessment information, and current mortgage statement] Have you disposed of any property for less than its value in the past two years? Yes ( ) No ( ) If yes, attach a description Have you sold real estate or other property in the past three years? Yes ( ) No ( ) If yes, attach settlement statement When: Address: Sales Price: __________________________ Purchase Price plan: Purchase price: _________________ • Amount and source of Down Payment: • Amount and source of Gift: • Amount of Mortgage: • Amount and source available for Closing Costs: Hopkinton Chamberlain Whalen Offsite Program – Affordable Homeownership Lottery Page 7 Town of Sudbury Sudbury Housing Trust Flynn Building 278 Old Sudbury Rd Sudbury, MA 01776 978-639-3387 Housing@Sudbury.Ma.US Income - List all income of all members over the age of 18 listed on application to reside in the unit, such as wages, child support, Social Security benefits, all types of pensions, employment, Unemployment Compensation, Workman's Compensation, alimony, disability or death benefits and any other form of income; including rental income from property. Adults with no income are required to submit a notarized statement. If additional space is needed, please attach another sheet. # Source of Income Address/Phone# of Source Amount per Year 1 2 3 4 5 TOTAL Assets - List all checking, savings accounts, CD’s, stocks, bonds, retirement accounts, savings bonds and any other investments below. If additional space is needed, please attach another sheet. Household assets do not include necessary personal property. # Type of Asset Account No Value, Balance 1 Checking account 2 Savings account 3 Retirement account 4 Other: ___________________ 5 Other: ___________________ 6 Other: ___________________ 7 Other: ___________________ TOTAL Hopkinton Chamberlain Whalen Offsite Program – Affordable Homeownership Lottery Page 8 Town of Sudbury Sudbury Housing Trust Flynn Building 278 Old Sudbury Rd Sudbury, MA 01776 978-639-3387 Housing@Sudbury.Ma.US APPLICANT(S) CERTIFICATION I/We certify that our household size is _____ persons, as documented herein. I/We certify that our total household income equals $____________, as documented herein. I/We certify that our household has assets totaling $_____________, as documented herein. I/We certify that the information in this application and in support of this application is true and correct to the best of my/our knowledge and belief under full penalty of perjury. I/We understand that false or incomplete information may result in disqualification from further consideration. I/We certify that I am/we, or our family, are not related to the Developer of The Jefferson Drive property, the Lottery Agent, the Monitoring Agent or any party of this project. I/We understand that it is my/our obligation to secure the necessary mortgage for the purchase of the home and all expenses, including closing costs and down payments, are my/our responsibility. I/We understand that if I/we do not obtain a mortgage commitment and sign a purchase and sale agreement within forty-five days after the lottery the unit will be offered to the next eligible applicant on the waiting list. I/We understand that this property will have a deed restriction which specifies the resale, refinance and other provisions of the property as outlined below. The restriction ensures that the unit remains affordable for future purchasers of the property. • The property must be the owner’s principal residence. • The property can't be refinanced without prior approval of the Monitoring Agent (DHCD). Affordable units may not be refinanced for more than 97% of their Maximum Resale Price. • There is a limit on the resale price of the unit so that the unit will always be affordable. The formula for calculating the maximum resale price will be established at the time of purchase and will be based on the Area Median Income at the time of resale. If an owner wants to sell their affordable unit, they are required to notify the Massachusetts Department of Housing and Community Development (DHCD) and the Town. • No capital improvements can be made without the Monitoring Agent’s pre-approval. I/We have been advised that a copy of the Local Initiative Program Affordable Housing Deed Rider is available with the Lottery Agent and on the DHCD website: http://www.mass.gov/hed/docs/dhcd/hd/lip/lipdeedrider.pdf I/We understand that if I/we are selected to purchase a home, I/we must continue to meet all eligibility requirements of the Monitoring Agent and any participating lender(s) until the completion of such purchase. I/We understand that I/we must be qualified and eligible under any and all applicable laws, regulations, guidelines, and any other rules and requirements. Your signature(s) below gives consent to the Lottery Agent or its designee to verify information provided in this application. The applicant agrees to provide additional information on request to verify the accuracy of all statements in this application. I/We consent to the disclosure of such information for the purpose of income, asset and any other verification related to my/our application. No application will be considered complete unless signed and dated by the Applicant/Co-Applicant. Applicant Signature Date Co-Applicant Signature Date THIS IS APPLICATION IS ONLY FOR THIS SPECIFIC DEVELOPMENT. Chamberlain Whalen Off Site Program Hopkinton MA 01748 3 Units: Two 3BR Single Family Home $268,100 One 2BR Condominium $200,200 Applications accepted October xx 2019 through December xx 2019, 1 p.m. Information Session: November X, 2019 at 7 p.m. Building Location, Hopkinton, MA Lottery: December X, 2019 at 7 p.m. Building Location, Hopkinton, MA Applicant Qualifications Include Income Limit (80% of area median income) 1 person- $62,450, 2 person- $71,400, 3 person- $80,300 4 person- $89,200, 5 person- $96,350, 6 person - $103,500. Asset Limit $75,000 Lara Plaskon, Sudbury Housing Trust, Lottery Agent 278 Old Sudbury Road, Sudbury MA 01776 978-639-3387, Housing@sudbury.ma.us The Sudbury Housing Trust does not discriminate based on race, color, national origin, religion, sex, familial status, and handicap (disability). Disabled persons are entitled to request a reasonable accommodation of rules, policies, practices, or services, or to request a reasonable modification of the housing, when such accommodations or modifications are necessary to afford the disabled person equal opportunity to use and enjoy the housing. Affordable Homeownership Opportunities Hopkinton, MA Deed Restrictions Apply Bk: 71124 Pg: 345 Middlesex South Registry of Deeds Electronically Recorded Document This is the first page of the document - Do not remove Recording Information Document Number Document Tyne Recorded Date Recorded Time 81559 DECIS June 07.2018 01:56:08 PM Recorded Book and Paae : 71124 / 345 Number of Paaes(includina cover sheet) : 5 Receiot Number : 2215367 Recording Fee : $75.00 Middlesex South Registry of Deeds Maria C. Curtatone, Register 208 Cambridge Street Cambridge, MA 02141 617-679-6300 www.middlesexsouthregistry.com Bk: 71124 Pg: 346 Town of Hopkinton Planning Board TOWN RECEIVED OF HOPIONTON 18 Main Street, Hopkinton MA 01748 2010 APR 30 PH 2: 24 508-497-9745 TOWN CLERK'S OFFICE Decision Subject Property: 0 Chamberlain Street, 0 Whalen Road; Hopkinton Assessors Map R24 Block 1 Lot 0, Map R23 Block 83 Lot 0. Project Name: "Chamberlain Street and Whalen Road" Subdivision [NSDRD Book 59029, Page 240 Re: Application of REC Hopkinton, LLC for a Special Permit pursuant to Article XI, Flexible Community Development, of the Hopkinton Zoning Bylaw Applicant: Paul Mastroianni, REC Hopkinton, LLC, 77 West Main Street, Suite 213, Hopkinton, MA Owner: REC Hopkinton, LLC, 77 West Main Street, Suite 213, Hopkinton, MA Date: April 30, 2018 A. Procedural History 1. An Application for Special Permit was filed by the referenced Applicant on December 15, 2017 for a special permit pursuant to Article XI, Flexible Community Development Bylaw (the "FCD Bylaw") of the Hopkinton Zoning Bylaw, 2. A public hearing on the Application was held on January 22, 2018, February 12, 2018, March 12, 2018, March 26, 201.8, April 9, 2018, and April 23, 2018, There was no discussion of the Application on February 12, 2018, 3. A separate Application to the Planning Board was filed on December 15, 2017 for a Definitive Subdivision Plan for the Subject Property proposing a thirty-two (32) lot residential subdivision located on 102.77 acres of land. The Planning Board voted to approve the Definitive Subdivision Plan on Apri123, 2018. 4, The Application and other submission materials were reviewed by the Planning Board and were submitted for comment to Town departments and officials as required. Throughout its deliberations, the Planning Board has been mindful of the statements of the Applicants, their consultants and representatives, and the comments of the general public, all as made at the public hearing. B. Special Permit Criteria Section § 210-59 of the Hopkinton Bylaw states that a special permit shall be granted if the proposal meets the requirements of the FCD Bylaw. Bk: 71124 Pg: 347 In accordance with Section § 210-223.G of the Zoning Bylaw, special permits, where granted, must be in harmony with the general purpose and intent of the Zoning Bylaw and may be subject to appropriate conditions. C. Discussion At the public hearing, the Applicants and their consultants described the proposed residential subdivision, in which three (3) affordable dwelling units are required pursuant to the FCD Bylaw. The Board reviewed the materials submitted by the Applicant, which requested that the Board approve payment -in -lieu of providing affordable dwelling units. During the public hearing process, the Board expressed its desire for the Applicant to provide the affordable dwelling units rather than make the payments, and the Applicant agreed to provide three (3) off -site affordable dwelling units to meet the requirements of the FCD Bylaw. D. General Findings of' Fact 1. The Subject Property is currently vacant and consists of 102.2 acres with frontage on Chamberlain Street and Whalen Road. 2. The Subject Property is located in the Agricultural (A) Zoning District, Residence B (RB) Zoning District, Office Park (OP) Zoning District, and the Water Resources Protection Overlay District (WRPOD). 3. The FCD Bylaw requires the provision of three (3) affordable dwelling units. The Applicant proposes to provide three (3) off -site affordable dwelling units, in accordance with § 210-61 of the FCD Bylaw. E. Specific Findings In view of the foregoing, the Planning Board voted on April 23, 2018 to make the following findings relative to the FCD Bylaw: • That the proposal meets the requirements of the FCD Bylaw. As authorized in the FCD Bylaw, the Applicant will provide three (3) off -site affordable dwelling units, • That the use is in harmony with the general purpose and intent of the Zoning Bylaw. The intent of the FCD Bylaw is to increase the inventory of affordable housing in Hopkinton. The proposal is in harmony with the Bylaw's general purpose and intent. The following members of the Planning Board voted to make the findings stated above: John Ferrari Yes Francis DeYoung Yes Francis D'Urso Yes Clifford Kistner Yes Muriel Kramer Yes David Paul Yes Irfan Nasrullah Yes Amy Ritterbusch Yes 2 Bk: 71124 Pg: 348 No members of the Planning Board voted in opposition, F. Decision and Conditions After reviewing the information received in light of the findings above, the Board voted to grant the Special Permit subject to the following terms and conditions: 1. The design, appearance, construction and quality of materials shall be compatible with those of the market rate units. 2. The affordable units shall be provided on the following schedule: The first unit shall be provided before a Certificate of Occupancy is issued for the I lth unit in the subdivision; the second unit shall be provided before a Certificate of Occupancy is issued for the 21st unit in the subdivision; the third unit shall be provided before a Certificate of Occupancy is issued for the 31st unit in the subdivision. 3. The deeds to the affordable housing units sold to income eligible buyers shall contain a restriction against renting or leasing of said units during the period for which the housing units contain a restriction on affordability, 4. The proposed deed rider shall be submitted to the Town and the Department of Housing and Community Development (DHCD) by the Applicant. 5. The location of the off -site units to be provided shall be approved by the Planning Board in accordance with the FCD Bylaw. The following members of the Planning Board voted to grant the Special Permit subject to the above -stated terms and conditions: John Ferrari Yes Francis DeYoung Yes Francis D'Urso Yes Clifford Kistner Yes Muriel Kramer Yes David Paul Yes Irfan Nasrullah Yes Amy Ritterbusch Yes No members of the Planning Board voted in opposition to the grant of the Special Permit. John R. Ferrari, Chair Appeals of this Decision, if any, shall be made pursuant to MGL c. 40A s. 17 and shall be filed within twenty (20) days after the date of filing of this Decision with the office of the Town Clerk. May 30, 2018 Planniig;;Board I hereby certify that 20 days have elapsed from the date this decision was filed and that no appeal has beentiled in this office. I " 3 Tale Copy Attest:Cpre..e- / Town Clerk Bk: 71124 Pg: 349 This Special Permit shall become void within two (2) years from the date of issue in accordance with Section 210-223 of the Zoning Bylaw. This Special Permit shall not be effective until filed with the Registry of Deeds by the Applicant. 4 Remarks Here is the affordable single family home in Hopkinton you've been patiently waiting for! This oversized ranch has so much to offer & is located just seconds to 495. The eat-in kitchen has been upgraded & features a very functional layout w/ lots of counter space, sleek black appliances & granite countertops. The living room features a wood burning fireplace, beautiful built-ins & an oversized window that lets in tons of natural light. The living room & all 3 bedrooms feature original hardwood floors. The main bath has been updated & features an upgraded vanity & a granite countertop. There is a large bonus room w/ it's own bathroom & exterior access that could serve as a great in-law suite, office, master bedroom, etc. The laundry is located on the 1st floor. Other great features include: 1-car attached garage, large clean basement w/ fireplace (perfect for finishing), huge fenced in level yard w/ patio & so much more. Don't miss this great buy! Property Information Approx. Living Area: 1,614 Sq. Ft.Approx. Acres: 0.34 (14,902 Sq. Ft.)Garage Spaces: 1 Attached, Storage, Side Entry Living Area Includes:Heat Zones: Hot Water Baseboard, Gas Parking Spaces: 2 Off-Street, Improved Driveway Living Area Source: Public Record Cool Zones: None Approx. Street Frontage: Living Area Disclosures: Disclosures: Seller has never lived in the property, It was rented for many years but has been very well kept. Room Levels, Dimensions and Features Room Level Size Features Living Room:1 Fireplace, Flooring - Hardwood, Cable Hookup Kitchen:1 Flooring - Stone/Ceramic Tile, Dining Area, Countertops - Stone/Granite/Solid, Remodeled Master Bedroom:1 Flooring - Hardwood Bedroom 2:1 Flooring - Wood Bedroom 3:1 Flooring - Wood Bath 1:1 Bathroom - Full, Bathroom - With Tub & Shower, Flooring - Stone/Ceramic Tile, Countertops - Upgraded Bath 2:1 Bathroom - Full, Flooring - Stone/Ceramic Tile Laundry:1 - Mud Room:1 Flooring - Stone/Ceramic Tile Bonus Room:Bathroom - Full, Bathroom - With Tub & Shower, Flooring - Wall to Wall Carpet, Main Level, Exterior Access Features Appliances: Range, Dishwasher, Disposal, Refrigerator, Washer, Dryer Area Amenities: Shopping, Highway Access, Public School Basement: Yes Full, Interior Access, Unfinished Basement Beach: No Construction: Frame Exterior: Vinyl Exterior Features: Patio, Gutters, Fenced Yard, Stone Wall Flooring: Wood, Tile, Wall to Wall Carpet, Hardwood Foundation Size: Foundation Description: Poured Concrete Hot Water: Natural Gas Insulation: Full Interior Features: Cable Available, Walk-up Attic Lot Description: Paved Drive, Fenced/Enclosed, Level Road Type: Public, Paved, Publicly Maint. Roof Material: Asphalt/Fiberglass Shingles Sewer Utilities: City/Town Sewer Utility Connections: for Electric Range Water Utilities: City/Town Water Waterfront: No Other Property Info Disclosure Declaration: No Exclusions: Home Own Assn: Lead Paint: Unknown UFFI: Warranty Features: Year Built: 1956 Source: Public Record Year Built Description: Unknown/Mixed Year Round: Short Sale w/Lndr. App. Req: No Lender Owned: No Tax Information Pin #: M:0R23 B:0024 L:0 Assessed: $338,200 Tax: $5,807 Tax Year: 2019 Book: 51614 Page: 109 Cert: 00141428 Zoning Code: RB1 Map: Block: Lot: Office/Agent Information Listing Office: weRENTcentralmass (508) 754-0077 Compensation Listing Agent: Jaclyn Painchaud (774) 253-9354 Sub-Agent: Not Offered Team Member(s):Buyer Agent: 2.5 Sale Office:Facilitator: 1 Sale Agent:Compensation Based On: Net Sale Price Listing Agreement Type: Exclusive Right to Sell Entry Only: No Showing: Sub-Agent: Sub-Agency Relationship Not Offered Showing: Buyer-Agent: Lock Box Showing: Facilitator: Lock Box Special Showing Instructions: Text / email Jackie 774-253-9354 / jackie@wrcm.com for showing requests. Short notice ok Firm Remarks Roof, water heater, siding & gutters all done in the last 5-7 years. Deposit MUST be received in hand within 24 hours of accepted offer. Market Information Listing Date: 4/24/2019 Listing Market Time: MLS# has been on for 82 day(s) Days on Market: Property has been on the market for a total of 82 day(s)Office Market Time: Office has listed this property for 82 day(s) Expiration Date:Cash Paid for Upgrades: Original Price: $445,000 Seller Concessions at Closing: Off Market Date: Sale Date: The information in this listing was gathered from third party sources including the seller and public records. MLS Property Information Network and its subscribers disclaim any and all representations or warranties as to the accuracy of this information. Content ©2019 MLS Property Information Network, Inc. MLS # 72487722 - Active Single Family - Detached 61 Elm St Hopkinton, MA 01748-1613 Middlesex County List Price: $399,900 Style: Ranch Total Rooms: 7 Color:Bedrooms: 3 Grade School: Bathrooms: 2f 0h Middle School:Master Bath: No High School:Fireplaces: 2 Handicap Access/Features: Directions: W. Main St to Lumber St to Elm St (seconds from Exit 21A off 495) SAMPLE HOME ONLY