The Commission recognizes that, due to the location of the proposed residence at an intersection, the impact of the proposed project on adjacent properties and public access would be minimal and that the applicant is therefore entitled to a development fee waiver, effective as of June 15, 2004. EXCLUSION OF ALL REQUIREMENTS EXCEPT FOR THE FOLLOWING: 1. The applicant is a private individual in possession of a single family residence that is at least forty years old and is in good repair. 2. The applicant has no interest in any property located between East Point Road and Porter Island Street including any subdivision of any such property. 3. The applicant has no interest in any adjoining properties and does not have any plans for residential development in the immediate area. 4. The applicant has no ownership interest in any property located on the land covered by the project, such as a parcel of land that will be acquired pursuant to a subdivision within the project property. The Commission notes that the applicant is not seeking to acquire an existing parcel of land on private land; rather, the applicant intends to build a new four-story residence and will pay the costs of obtaining the land required for such a change in location. The applicant must make a reasonable effort to locate a property on private land within six blocks from its proposed location or to acquire any property directly on the land or directly on land in that area. This must include, but is not limited to, a request to the property owner or owners on the opposite side of the land from the proposed location and an investigation into the potential property owner's compliance with applicable state and local zoning requirements. The applicant will not seek to lease land on a long-term basis to a new tenant, or to acquire land directly adjacent thereto. The Commission encourages these efforts even though the applicant will not be able to seek to acquire an existing parcel of land on private land or to lease land on a long-term basis to a new tenant. The Commission also encourages the applicant, if it becomes necessary to enter into an agreement with the owner of the property being built next door, to do so before the construction begins.
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DATE: March 4, 2004, TO: John R. Alger, P.C. 5 Parker Rd., PO Box 449 Porterville, MA 02655 FROM: Cape Cod Commission RE: Development of Regional Impact Exemption Section 12(k) of the Cape Cod Commission
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