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HomeMy WebLinkAboutDecision 4775It Doc!1s361a956 01-03-2019 9:39 BARNSTABLE LAND COURT REGISTRY TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: December 12, 2018 PETITION NO: #4775 HEARING DATE: November 8, 2018 PETITIONER: 6 Smiths Point, LLC PROPERTY: 6 Smiths Point Road, West Yarmouth, MA Map & lot#: 0005.6; Zoning District: R-87 MEMBERS PRESENT AND VOTING: Sean Igoe, Chairman, Dick Martin, Thomas Nickincllo, Tom Baron and Susan Brita. Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners • of property as required by law, and to the public by posting notice of the hearing and publishing in The Register, the hearing opened and held on the date stated above. The Petitioner is 6 Smiths Point, LLC who seeks a Special Permit under Zoning By-law §104.3.2 (2) and/or a Variance from Zoning By-law §203.5 to raze and replace a pre-existing non- conforming structure with side setback relief. The property is located at 6 Smith's Point Road, West Yarmouth MA and is in an R-87 Zoning District and within a Single Family Cluster Development. (See 1991 Open Space Cluster Subdivision Special Permit No. 2829) The Petitioner was represented at the hearing by Bob Perry of Cape Cod Engineering, Patrick Coffey, the builder, and Malcom Kent, the Architect. , The proposed project is to raze and replace an existing 3 bedroom 1001 sq. ft home and replace it with a 2 bedroom 2455sq. R structure that would be located 9 (nine) fed off the easterly side setback. The current structure is 8.8 fed from the easterly side setback. The by-law requires a 12 ft. side set back. The new structure would be approximately 26. 5 fed in height. The current bylaw allows for structures to be up to 35 feet in height, The current lot coverage is 2.2 percent and the proposed lot coverage would be increased to 3.1 percent. The property has a Title V septic system that was installed. in 1992 and approved for 5 bedrooms. The Petitioner represented that the septic system has been grandfathered and will not require replacement or upgrade. The Petitioner also represented that the project has received Conservation Commission approval to be located within 50 feet of the wetland and that they have been granted an Order of Conditions. • l � N J Additionally, the Petitioner represented that the project has been reviewed by the Smith's Point Architectural Review Committee and has received preliminary approval with final approval expected. The Board received a letter in support of the project from Mr. Richard Albright, the direct (and most effected) abutter to the east. No one appeared, nor did the Board receive any correspondence in opposition to the Petition. Board discussion: Board members felt that the proposed new structure was thoughtfully designed for the lot and in keeping with the existing structures in the neighborhood. They further agreed that the project meets the criteria under the bylaw in that it will not cause any undue hazard, nuisance or congestion to the existing neighborhood or surrounding zoning district, nor would such relief cause any substantial detriment to the existing or future character of the neighborhood or Town. Mr. Martin made a Motion to grant the Special Permit with the conditions that the structure be no less than 9 feet from the easterly sideline setback, and that they comply with all Board of Health and Conservation Commission requirements. Mr. Baron seconded the Motion and the Board voted unanimously to approve the Petition. Mr. Martin made a further Motion to allow the Petitioner to withdraw his request for a Variance without prejudice. Mr. Nickinello seconded the Motion and the Board voted unanimously to allow the request to be withdrawn. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw, MGL c40A §9) COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Appeal #4775 Date: January 2, 2019 Certificate of Granting of a Special Permit (General Laws Chapter 40A, section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: 6 Smiths Point, LLC 54 High Street Topsfield, MA 01983 Affecting the rights of the owner with respect to land or buildings at: 6 Smiths Point Road, West Yarmouth, MA Zoning District: R-87; Map & Lot#: 0005.6; Doc.#: 1,332,550; Ctf.#:214430 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. S IgSChaian TOWN OF YARMOUTH Town 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #4775 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. �' Philip . au et Town Clerk Clark, Sandi From: Bob Perry <bobperry@capecodengineering.com> Sent: Sunday, December 9, 2018 3:35 PM To: seanigoeesq@comcast.net;'Bob Perry'; Grylls, Mark Cc: 'bear albright'; 'Patrick Coffey'; 'Malcolm Kent'; Clark, Sandi; Sears, Tim Subject: RE: 6 Smiths Point Rd. Special Permit Hi Sean and Sandi, Thank you for getting this done. Upon review, we need to point out several items contained in the Decision that are not accurate or representative of the discussion. Hoping that these items can be revised with no impact to the appeal term as we believe they may be typographical in essence. 1. Board member Mr. Martin's motion did not include a stipulation that a 12 ft. setback be maintained. That was one of our reasons for the application. The hearing video supports this. (See Board's discussion paragraph on second page). The site plan proposed a 9.0 ft. side yard setback replacing the 8.8 ft. existing min. setback. The relief granted was therefore from the required 12 ft. side yard and from the required 50 ft. setback from the boundary of the development. 2. The Decision paragraph 4, first page lists the required side yard setback at 20 ft. (applicable to the R-40 zoning district). The site is within R-87 Zoning District but the yard setbacks are modified by the 1991 Open Space Cluster Subdivision Special Permit with values given in Zoning By -Law Section 402.7.3.1 for Open Space Cluster Developments giving the required side yard a 12 ft. setback requirement. 3. The application presented two ways the building was non -conforming: Within Side Yard setback and Development Boundary setback. If mention in the Decision second paragraph of "side relief" in paragraph two is adequate for the Building Commissioner's purposes to describe the relief then we have no concern. 4. The 1001 s.f. existing dwelling size referenced in the Decision appears to have come from the Assessors records. That value appears to be interior floor area derived from 1st floor and finished attic space. On December 4 Sandi asked us for size information concerning the proposed house. We provided 2,455 s.f. total for proposed 1st and 2nd floors and 2,075 s.f. for the proposed building "footprint" not knowing which you might want. The Decision indicates a value to be 2,473 s.f.. Since the Assessors floor area is listed the comparison is understood to be for the proposed house interior. To our thinking this 18 s.f. difference is a very minor variation. Perhaps the simplest fix is to address three paragraphs. • First page, paragraph 2. at the end of paragraph 2 "R-87 Zoning District" could be changed to read: R-87 Zoning District w/in a Single Family Cluster Development. • First page paragraph 4. Change "2,473 sq. ft." to 2,455 sq. ft.; change 1112 feet off the easterly side setback", to 09.0 off the east side lot linen; change "The by-law requires a 20 ft, side setback" to The By -Law requires a 12 ft. aide setback. • Second page, paragraph 41 Change one sentence: "Mr. Martin made a motion to grant the Special Permit with the conditions that the structure be no less than 12 feet from the easterly sideline setback, that all other setbacks be met, and that they comply with all Board of Health and Conservation Commission requirements." to Mr. Martin made a motion to grant the Special Permit with the condition that they comply with all Board of Health and Conservation Commission requirements." If a plan reference is of help, you may feel free to reference the site plan of record TOPOGRAPHIC SITE PLAN SHOWING PROPOSED REPLACEMENT DWELLING AT 6 SMITHS POINT 1 ROAD, WEST YARMOUTH, PREPARED BY CAPE COD ENGINEERING, INC. DATED OCTOBER 8, 2018, STAMPED AND SIGNED BY ROBERT M. PERRY, P.E. Again, thank you for your support of the application and please let me know I can clarify any of the above. Bob Perry -----Original Message ----- From: Grylls, Mark [mailto:mgrylls@yarmouth.ma.us] Sent: Thursday, December 06, 2018 3:13 PM To: Bob Perry Cc: bear albright; Patrick Coffey; Bob Perry; Malcolm Kent; Clark, Sandi; Sears, Tim Subject: Re: 6 Smiths Point Rd. Start-up In any event. When it's complete, Sandi will call and the next step of the process begins. If you have your application packet ready, you should have already begun obtaining the approvals of any other department that needs to give approvals such as the Health Dept if you haven't already. Sent from my iPhone > On Dec 6, 2018, at 3:08 PM, Bob Perry <bobperry@capecod.net> wrote: > Typically he would obtain a sample decision written by his Board on another > raze and replace case copy it and change the names and address and the few > details relating to your case. i> ----!-Original Message----- > Froa: bear albright [mailto:bearalbright@gmail.com] I> Sent: Thursday, December 06, 2018 2:46 PM 1> To: Grylls, Mark I> Cc: Patrick Coffey; Bob Perry; Bob Perry; Malcolm Kent; Clark, Sandi; Sears, > Tim > Subject: Re: 6 Smiths Point Rd. Start-up > > I sent Sean a polite note. > How much involved in his "write-up" anyway? >> On Dec 6, 2018, at 2:41 PM, Grylls, Mark <mgryllsgyarmouth.ma.us> wrote: >> Hi Patrick, >> I understand that you are all trying to push the job forward. Bear in mind > that any rebar in the foundation requires inspection. >> Sent from my iPhone » >>> On Dec 6, 2018, at 2:23 PM, Patrick Coffey <patrick@pratt.construction> > wrote: >>> Demo we knew. w/ wiring inspector disconnect from bldgs confirmed we can > apply. >>> on and after we could dig a hole by right and pushing the envelope pour > footings then frost protect. shortest duration of open to the weather is > best against frost heave potential. >>> he ducked the option of a verbal foundation go ahead, seemingly because > it's a no. there are 2 inspections involved and no end run "voila" without > at least his verbal to proceed. >>> IF decision filing is Friday we might demo 2nd week of Jan and proceed 2 > into excav & foundation shortly as appeal will have lapsed. >>> BUT to be in line for a permit, applic must be complete, incl appeal > lapsed, to be reviewed and issued w/in approx 2 weeks... >>> MIGHT plead for a foundation only permit expedited, say 1 week? with > full permit to follow certified as -built fndtn location submission. >>> we can't schedule without a start date: demo/excav/fndtn/walls > prefab/framer should be dominos in a row. And they all need leadtime to > pencil us in. >>> patrick >>> -----Original Message ----- >>> From: Grylls, Mark [mailto:mgrylls@yarmouth.ma.us] >>> Sent: Thursday, December 6, 2018 1:46 PM >>> To: Bob Perry <bobperry@capecod.net> >>> Cc: Bob Perry<bobperry@capecodengineering.com>; Patrick Coffey > <patrick@pratt.construction>; Malcolm Kent <malcolmkentegmail.com>; bear > albright <bearalbright@gmail.com> >>> Subject: Re: 6 Smiths Point Rd. Start-up >>> Hi Bob, >>> I am out of the office until Monday. >>> As you are aware, the ZBA has 120 days to draft a decision per MGL 40a. > Once received there is a 20 day appeal period. >>> I can not legally issue a permit for foundation work without the > decision. >>> There is the possibility that a demo permit could be issued at best and > as you previously stated, the risk is yours to take should any appeals of > the decision happen. >>> When the full permit application is received, we issue in the order they > are received. First come first served as all contractors are under the same > pressures as you've described. >>> If you need an appointment after this email, you should call the office > and ask Linda or Rosa to schedule one. >>> Very truly, >>> Mark >>> Sent from my iPhone >>> On Dec 6, 2018, at 12:35 PM, Bob Perry > <bobperryocapecod.net<mailto:bobperryecapecod.net>> wrote: >>> Hi Mark, >>> I'm writing you about this because both Patrick Coffey and I are unable > to make a visit today and we don't know your availability. We are seeking > your help to get this project started before things get restrictively cold > if possible. >>> The Special Permit was approved unanimously on Nov. 8 and the Chairman > indicated he would have a decision out in "a few days". He's been busy and > we understand that he's currently working on it. >>> The difficulty for the applicant and builder is the onset of winter > weather which gets more restrictive as the Special Permit appeal clock ticks > away. To our knowledge the decision may be ready this week for the appeal > term to begin, pushing us into late December. >>> I was recently speaking with Victor Staley, Brewster B.C., who I'm sure > you know, about some other matters and we got on the topic of what portions 3 > of a project can reasonably proceed while a Special Permit appeal term is > on-going. Victor indicated that demo should be available because no zoning > issue arises with the building gone. Also that your office might be able to > offer a verbal authorization to proceed with excavation and foundation work > only. I assume a footing and any steel inspections would be something to > consider. >>> Can you assist with this to allow limited progress to get the demo and > subterranean part of this job started acknowledging the risk is on the > applicant? >>> Many thanks for your consideration of our request. >>> Bob Perry n Clark, Sandi From: Bob Perry <bobperry@capecodengineering.com> Sent: Tuesday, December 4, 2018 11:33 AM To: Clark, Sandi Subject: RE: 6 Smiths Point Decision Hi Sandi, Floor area for the house: First and second Interior floor area total = 2,455 s.f. ( cellar = first floor at 1,915 s.f. but I don't think anyone needs that as it is not habitable.) "Footprint" as a projection of the exterior wall dimensions Is 2075 s.f. Thank you and Sean for your help. Bob From: Clark, Sandi [mailto:SClark@yarmouth.ma.us] Sent: Tuesday, December 04, 2018 10:29 AM To: Robert Perry P. E. (bobperry@capecodengineering.com) Subject: 6 Smiths Point Decision Hi Bob, Listened to your voice message and the Decision has not been filed with me. I did speak with Sean and he would like to know what the square footage of the proposed dwelling is. I took the plans to the Building Commissioner, as that information was not on the plans and would 2,344 square feet be accurate? Please verify and I will let Sean know. Thanks, -Sandi Appeal#: Owner -Applicant:. TOWN OF YARMOUTH BOARD OF APPEALS APPLICATION FOR HEARING .y Hearing Date: lP �/ �� Fee$ LAIC, (Address) (Telephone Number) (Email Address) and is the (check one) G✓Owner 0 Tenant 0 Prospective Buyer 0 Other Interested Party Property: This application relates to the property located at: (a ' M trF$ PoWr Rb 0 W. \/Mm0,4 T}} and shown on the Assessor's Map #: S as Parcel#: 4— Zoning District: R_ g3! If property is on an un -constructed (paper) street name of nearest cross street, or other identifying location: Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project. i.e.: "add a 10' by 15' deck to the front of our house" or "change the use of the existing building on the property"): RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: bgsKeD MEsT &%4 7trST %y TNS $oALR b 1) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. 2)_,,/ SPECIAL PERMIT under § I0q.3.I- .'L of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 .(use space below if needed) 3)%,/VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section: 023. Relief sought: Section: Relief sought: Section: Relief sought: :U • c SOW. 2I .. . ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: FACT SHEET Current Owner of Property as listed on the deed (if other than applicant): Name & Address Title deed reference: Book & ----Land Court Lot #-106 -- I Certificate # Use Classification: Existing: Py5toyInALL §202.5 # /1.. �• Proposed: "49 §202.5 # 44MB Is the property vacant: "iE5 If so, how long?: (G MONTHS Lot Information Size/Area: 2_& Acr, Ian Book and Page `OT Jam? L—Lot# 10G Is this property within the Aquifer Protection Overlay District? Yes No Have you completed a formal commercial site plan review (if needed)? Yes_ No— .......... o..._ _ Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/ or will review this project, and indicate the status of their review process: 60NSa-&VaeM i HST + Repetitive Petition: Is this a re-application: N0 If yes, do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available information. Include a copy of the decision(s) with this application: hPPeAct.. 28201 MAC- i) Building Cormsnissioner Comments: Apphc s /Alto y /Agent Sienature *�egesSi4gnature Address:C&pc, r�O �r1L+AILaILiA)fs ItJG Phone DS•3 tf E -Mail: Buildi o ssioner Signature Date Cit PE COD ENGINEERING, INC. Robert M. Perry, P.E. P.O. Box 1517 East Dennis, MA 02641 Tel 508-385.1445 / Fax 508-385-14416 bobnern,r&eanccod,net September 18, 2018 Town of Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 Re: 6 Smiths Point Road, West Yarmouth — Special Permit Application To the Zoning Board of Appeals, Enclosed please find an application and plans for a Special Permit to raze and replace an existing dwelling. This dwelling is referenced in Special Permit #2829 issued 8/19/1991 relating to the cluster subdivision development and is non -conforming in two respects. It does not meet the 12 ft. side yard setback and is within the 50 ft. setback zone from the boundary of the development as listed in 402.7.3.1. The lot and building meets or exceeds all of the other dimensional requirements. • The parcel area is 2.6 ac. of which approximately 1.8 acres is upland with the salt marsh land area omitted. • The lot has 857.82 ft. of frontage on Smiths Point Road. Using the approximate 260 ft. of frontage at the building site location along the frontage the average grade at the street is elev. 12. Proposed ridge elevation 42.5. Resulting building height is 30.5 ft. Existing building height is 26 ft. • Proposed building coverage is 3.1%, Existing building coverage is 2.2% • Proposed lot coverage of impervious areas is 6.1 %. Existing lot coverage is 3.0%. The increase is derived primarily from patio and driveway area. Enclosed are site plans of existing conditions, proposed conditions, 4 architectural elevation views and floor plans. The application also includes a request for a Variance as alternative relief due to a question about the proposed roof eaves. At one building comer location the eave of the building goes slightly closer to the rear lot line than the existing dwelling wall and at another comer facing the street the eave penetrates the front yard setback. Both encroachments are approximately 1 ft. and are short segments of the eave. Zoning bylaw Section 203.5 Note D appears to exclude building eaves that extend less than 24 inches. We respectfully submit that this exclusion must also pertain to the setbacks listed in Section 402.7.3.1 and we seek the Board's concurrence with that. In the alternative, since the encroachment is very inconsequential, a variance request is discussed below. Special Permit - Pursuant to Section 103.2 - The non -conforming nature of the dwelling set in place prior to the adoption of zoning was compounded with the arrival of the Special Permit No. 2829 incorporating the 50 ft, offset requirement from the boundary of the development. The right side lot line of 6 Smiths Point Rd. is also the "boundary of the development". This fact was acknowledged in Special Permit Decision 2829 in 1991. The existing dwelling wall corner is no closer than 8.8 ft. to the rear lot line. The proposed building utilizes this non- conformity to remain in a similar position near the sideline. The proposed dwelling wall shall be no closer than 9 ft. to the side lot line / boundary of the development. Other factors of the proposal are a 3 bedroom reduction in the dwelling use, a renovation of the landscape with native plant restoration in sensitive conservation areas, appropriate New England varietal landscaping surrounding the house, clean-up and removal of an old remnant foundation and retaining walls. The razing and replacement of the dwelling is consistent with the terms and conditions appearing in Special Permit No. 2829 The criteria for Special Permit for a project of this type and scope is addressed below. No undue nuisance, hazard or congestion will be created: The proposed project has typical wood framed single family house construction having an effective reduction in inhabitants with potential to reduce traffic; the building offers a second floor contained within the roof structure. Although a hip roofed dwelling, the floor space within the roof is relatively low in ridge elevation, more similar to a cape -style house and not, for example, having the height and mass of a two story colonial -style dwelling. The applicant's family owns the adjacent property adjoining the rear lot line and supports the proposal. That there will be no substantial harm to the established or future character of the neighborhood or town. By most accounts, the proposed project represents an appropriate redevelopment of this previously developed site. The architecture has been reviewed and approved by the Smiths Point Architectural Review Committee. Adjoining landowners outside the development support the plans. Potential density and therefore traffic is being reduced because of the reduction in bedroom count. The project results in a code -compliant building offering all the improvements of current construction techniques for safety and efficiency. Variance - Should a variance be sought for relief concerning the roof eave encroachment, the reasoning is as follows. The scope of the relief requested is described as the eave encroachment occurs along the side yard for that length of the building and is approximately one ft. greater than the existing roof eave. The street yard eave encroachment is at the comer only affecting a limited length of the eave approx. 1 to 3 ft. ft. to each side of the eave corner. 1. A literal enforcement of the provisions of this bylaw would involve a substantial hardship, financial or otherwise, to the petitioner or appellant. The hardship can be weighed against the intensity of the relief which is low intensity. The architecture of the roof /eave is important to the building appearance desired by the applicant. Shifting the building moves it toward the more conservation - restricted area of the site. Given that the By -Law language appears to allow the encroachment and the encroachment is of a minor scope, and if relief was necessary, such relief can be granted on the basis that shifting the entire layout toward the marsh could result in other difficulties relating to environmental protection. The house location has been very carefully planned. 2. The hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district in which it is located. The lot is constrained by a salt marsh and coastal bank, both topographic features, with salt marsh also having specific saturated soil characteristics. In the interest of placing this specific dwelling in this specific location, the choice was driven by an effort to maximize the distance from the coastal wetland areas. Therefore the hardship relates to the listed factors of topography and soil conditions. This difficulty is related to this specific lot and not the zoning district. 3. Desirable relief may be granted without either: substantial detriment to the public good; or nullifying or substantially derogating from the intent or purpose of this bylaw. The relief requested, if needed, is supported by the adjoining land owner. The public has far less interest in this specific request than the adjoining land owner. The intent of the by-law section 203.5.1). appears to omit eaves less than 2 ft. from consideration. The proposed eaves are 18 inches. Please contact me directly with any questions. Sincerely, Cape Cod En eering, Ina Robert erry� Clark, Sandi From: vonHone, Amy Sent: Tuesday, October 9, 2018 3:31 PM To: Clark, Sandi Subject: RE: Board of Appeals Agenda 10-11-18 PETITION #4775: 6 Smiths Point, LLC, 6 Smiths Point Road, West Yarmouth The Health Department file indicates an existing 1992 Title 5 septic system with a design capacity of 5 Bedrooms total servicing an existing 3 Bedroom dwelling. The property is located within the Zone I because it is serviced by a private drinking well, however, the existing septic system is grandfathered for 5 Bedrooms. Full review of the proposed project by the Health Department will be required prior to final approval. N Mme`/. naL3'lyml TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, M4SSACHUSETTS 02664-4492 Telephone (508) 398-2231, Ext. 1288, Fax (508) 398-2365 MEMO To: Board of Appeals Fr: Kelly Grant Conservation Administrator Re: Board of Appeals Meeting Date: 10/31/2018 Conservation Commission Petition #4775: 6 Smiths Point Road, West Yarmouth Applicant 6 Smiths Point, LLC submitted a revised plan, "Topographic Site Plan Showing Proposed Replacement Dwelling at 6 Smith Point Road, West Yarmouth, MA" revised October 8, 2018, to the Conservation Commission for their approval. The revised plan removed the proposed pergola and associated patio at the top of the coastal bank. The Commission voted to approve the revised plan at the October 18', 2018 meeting. RECEIVED OCT 312018 BOARD OF APPEALS i TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 026644492 Telephone (508) 398-2231, Ext. 1288, Fax (508) 398-2365 MEMO To: Board of Appeals Fr: Kelly Grant Conservation Administrator Re: Board of Appeals Meeting 10/11/2018 Date: 10/9/2018 Conservation Commission Petition #4775: 6 Smiths Point Road, West Yarmouth Applicant 6 Smiths Point, LLC submitted a Notice of Intent with plan "Topographic Site Plan Showing Proposed Replacement Dwelling at 6 Smith Point Road, West Yarmouth, AM " dated September 19, 2018 to the Conservation Commission for their approval. The proposed work area lies within the coastal bank, flood zone and buffer zone to the coastal bank. The hearing was opened at the October 4, 2018 meeting. The Commission expressed concern at the level of hardscape and structures proposed within the 35 foot setback to the coastal bank and the expansion of the footprint within the 50 foot setback. They asked that the applicant revise the plan to move the pergola out of the 35 foot setback and redesign the patio to reduce and minimize the amount of patio within the setback. The Commission appreciates that the site has been previously developed but concluded that the expansion of hardscape within the regulatory setbacks necessitates a buffer zone of native vegetation to protect the interests of the regulations as they relate to coastal banks. The Commission voted to continue to the October 18`^, 2018 meeting to allow for revisions to the plan. Property Location: 6 SM ITHS POINT RD MAP/D:5/6/11 Bldg Name: State Use: 1012 Vision !D: 66 Account # 66 Bldg #: I of 1 Sec #: 1 of 1 Card I of 1 Print Date: 09/24/2018 14:11 Property Location: 6 SMITHS POINT RD MAP ID:5/ 6/// Bldg Name: State Use: 1012 Vision ID: 66 - Account # 66 Bldg #: t of 1 See #: I of 1 Card 1 of 1 Print Date: 09/24/201814:11 SMITHS POINT LLC rb,,Street ublic Water 1 aved ural g eptic aterfront 4 RICH ST DPSFIELD,MA 01983 i SUPPLEMENTAL DATA Additional Owners: )ther 10: 4/A106/// VOTE ISC 141 VOTE DATE RANGES ADD PP FY 13 PER NIJ PRIVATE R( ETTERMENT LAN NUMBE173A,C,E IPCODE 2673 - ISID: M 302665 819907 ASSOCPID# Description Code Appraised Value Assessed Value 815 yARMOUTH, MA ESIDNTL 1012 ES LAND 1012 ESIDNTL 1012 109,800 2,377,600 21,300 109,800 2,377,600 21,300 c VISION Total 2,508,700 2508,700 RECORD OF OWNERSHIP '. BK- VOUPAGE SALE DATE qlu vR SALE PRICE V. r— :'PREV/OUSASSESSMENTS HISTOR . SMITHS POINT LLC LAIRHENRYTRS CHEUCH RICHARD TRS CHEUCH RICHARD CHEUCH FAYETTE S D1332550 DI332545 D1239221 D927861 10/20/2017 UI 10/20!2017 U 01/23/2014 U 07/01/2003 U 1 1 1 I 1,500,000 1500,000 100 0 0 1V 1V 1F IN Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value 019 2019 2019 1012 1012 1012 109,800 2,377,600 21,300 018 2018 018 1012 1012 1012 109,800 017 2,377,600 2017 21,300 2017 1012 1012 1012 109,800 2,377,600 21,300 _ Total: 2 508 700 Total: 2 508 700 Total: 2,55—,700 EXEMPTIONS - ,OTHER ASSESSMENTS This signature acknowledges a visit by a Data Collector or Assessor Year a Description I Amount I Code I Description I Number I Amount Comm. Int. -. APPRAISED VA_ LUE SUMMARY Appraised Bldg. Value (Card) Appraised XF (B) Value (Bldg) Appraised OB (L) Value (Bldg) Land Value (Bldg) Special Land Value Total Appraised Parcel Value Valuation Method: Adjustment: 109,800 0 2000 2,377,600 0 2,508,700 C 0 Tot --ASSESSING NEIGHBORHOOD NBHD/SUB I NBIID Name I Street Index Name I Tracin Batch 0092/A I I I IAppraised =NOTES CARETAKERS QUARTERS WEATHERED DA EF PARCEL HAS OCEAN & COVE FRONTAGE - et Total Appraised Parcel Value 2,508,700 - - BUILDING PERMIT RECORD ' VISITI CHANGE HISTORY Permit ID Issue Date a Description Amount Insp, Date %Comp. Date Comp. Comments Date 7vpe IS I ID Cd. Purpose/Result - 4/25/2016 5/02/2013 10/14/2003 11/07/1995 12/22/1993 - BH CL Cyclical GM 01 easur+IVisit GM 00 essur+Lisled JF 00 easur+Listed DB 07 essur/Inf/Dr Info taken LAND LINE B # Use Code Use Description Zone D Front Depth Units Unit Price L Factor ,A, Acre Disc C. Factor ST. /dx Ad'. Notes -Ad' S 'tial Pricirt SAdj Fact d'. Unit Price Land Value S c Use S c Calc 1 1 1012 1012 OCEAN FRONT OCEAN FRONT A A 33,106 2.71 SF AC 2.94 1,500.00 1.0000 1.0000 9 9 1.0000 1.0000 1.00 1.00 092 000 6.50 1.00 3.75 VIARSH WF37 3.75 3.75 1.00 71.70 1500.00 2,373,500 4,100 Total Card Land Units:l 3.471 ACI Parcel Total Land Area:.47 AC I Total Land Value:i 2,377,600 Property Location: 6 SMITHS POINT RD MAP ID: 5/ 6/ / / Bldg No in e: State Use: 1012 1 tsion /D: 66 Account #66 Bldg #: 1 of 1 Sec #: I of I Card 1 of I Print Date: 0912412018 14:11 Property Location: 6 SMITHS POINT RD MAP ID: S/ 6// / Bldg Name: State Use: 1012 Vision ID: 66 Account #66 Bldg #: I. of I Sec #: 1 of 1 Card I of 1 Print Date: 09/24/2018 14:11 SMITHS POINT LLC t bove Street ublic Water 11 raved P Pural olling 'eptic Vsterfron[ 4 RICH ST if OPSFIELD, MA 01983 SUPPLEMENTAL DATA Additional Owners: tber ID: 4/A1061// VOTE disc 141 VOTE DATE RANGES ADD PP FY 13 PER r*12 PRIVATE R( 3ETTERMENT NUI%IB LAN UM1IBEI73A,C,E r[IPCODE 2673 SID: M 302665 819907 ASSOC PID# - Description Code Appraised Value Assessed Value 815 YARMOUTH, AIA ESIDNTL 1012 ES LAND 1012 ESIDNTL 1012 109,800 2,377,600 21{100 109,800 2,377,600 21,300 VISION Tota! -2,508,7001 2,508,700 RECORD OF OWNERSHIP BK-VOLIPAGE ISALEDATE qlu vR SALEPRICE V.0 -PREVIOUSASSESSMENTS IIISTOR SMITHS POINT LLC LAIR HENRY TRS CHEUCH RICHARD TRS CHEUCH RICHARD 'CHEUCH FAYETTE S D1332550 D1332545 D1239221 D927861 10/20/2017 10/20/2017 01/23/2014 07/01/2003 U U U U 1 I I 1 1 1,500,000 1,500,000 100 0 - 0 1 V IV IF IN Yr. Cade Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value 019 2019 2019 1012 1012 1012 109,800 2018 2,377,600 018 21,300 2018 1012 1012 1012 109,800 2,377,600 1 21,300 2017 017 2017 1012 IOt2 1012 109,800 2,377,600 21,300 Torah 2 508 700 Total: 1 2,508,700 Total: 2,508,700 EXEMPTIONS OTHER ASSESSMENTS - This signature acknowledges a visit by a Data Collector or Assessor Year a I Description Amount I Code I Description Number Amount I Comm. hu. APPRAISED VALUESUMMARY Appraised Bldg. Value (Card) Appraised XF (B) Value (Bldg) Appraised OB (L) Value (Bldg) Land Value (Bldg) Special Land Value Total Appraised Parcel Value Valuation Method: Adjustment: 109,800 0 2000 2,377,600 0 2,508,700 C 0 ASSESSING NEIGHBORHOOD NBHD/SUB NBHD Name I Street Index Name I Trocine Batch 0092/A I I I IAppraised ... - -NOTES - CARETAKERS QUARTERS FATHERED 1/A E/F PARCEL HAS OCEAN & COVE FRONTAGE Ne t Total Appraised Parcel Value 2,508,700 BUILDING PERMIT RECORD VISIT/CHANGE HISTORY - Permit 11) Issue Date 7 e Description Amount Insp, Date %Comp. Date Com . Comments Date Type IS ID Cd. Purpose/Result 4/25/2016 5/02/2013 10/14/2003 11/07/1995 12/22/1993 Bit CL Cyclical GM 01 lessur+lVisit GM OU deasur+Listed JF 00 feasur+Ltsted DB 07 teasurllnVDr Info taken - - LANDLINEVALUATIONSECTION - B # Use Code Use Description Zone D Front 0Mpth Units Unit Price L Factor ,A. Acre _ Disc C. Factor ST. 1dx Ad'. Notes- Ad' Special Pricing SAdj Pactd. Unit Price Land Value Sec Us¢ I Sec Cale 1 1 1012 1012 OCEANFRONT OCEAN FRONT A A 33,106 2.71 SF AC 2.94 1,500.00 1.0000 1.0000 9 9 1.0000 1.0000 1.00 1.00 1092 DOOO 6.50 1.00 3.75 NIARSH F37 .75 3.75 1.00 71.70 1500.00 2,373,500 4,100 Total Card LanJ Units: 3.47 AC Parcel Total Land Area: .47 AC Total Land Value: 2,377,600 ZOO Doc:1s332s550 10-20-2017 1:47 Ctf=:214430 BARNSTABLE LAND COURT REGISTRY MASSACHUSETTS STATE EXCISE TAX BARNSTABLE LAND COURT REGISTRY Date: 10-20-2017 a Olt47pm Ctl:: 1049 Dor_:: 1332550 Fee: $5+130.00 Const $1r500YO00.00 BARNSTABLE COUNTY EXCISE TAX BARNSTABLE LAPID COURT REGISTRY Date: 10-20-2017 r7 01:47pa CLIC: 1043 Dor'.: 1332 QUITCLAIM DEED HENRY BLAIR, AS TRUSTEE OF THE 6 SMITHS POINT TRUST, established under Declaration of Trust dated October 20, 2017 and filed in the Land Court herewith, having an address of 275 Millway, Post Office Box 657, Barnstable, Massachusetts 02630, for consideration paid in the stun of ONE MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($1,500,000.00), grant to 6 SMITHS POINT, LLC, a Massachusetts limited liability company having a principal address of 54 High Street, Topsfield, Massachusetts 01983 with QUITCLAIM COVENANTS, the parcels of land, with the buildings and improvements thereon, located at 6 Smiths Point Road, West Yarmouth, Barnstable County, Massachusetts, being shown as Lot 98, Lot 106 and Lot 107 on Land Court Plan No. 4075-P. The premises are hereby conveyed subject to, and with the benefit of, as the case may be, those matters contained in and noted on Certificate of Title No. 185869 and said Land Court Plan, and with the Dock and Access Agreement of even date filed herewith. For Grantors' title see deed dated October 20, 2017 filed herewith (see Certificate of Title No. I 1 L{ 411-7), Grantors hereby release any and all rights of homestead in the premises herein conveyed, whether by recorded instrument or by operation of law. Barnstable Deed Excise Tax Stamps in the amount of $9,720.00 have been affixed hereto and canceled prior to recording. [Signatures appear on following page.] Executed under seal as of the 20 day of October, 2017. Henry Blair, Trusl a of the 6 Smiths Point Trust and not individually COMMONWEALTH OF MASSACHUSETTS COUNTY OF BARNSTABLE, ss. On this "A o day of October, 2017, before me, the undersigned notary public, personally appeared Henry Blair, proved to me through satisfactory evidence of identification, which was personally known to me, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as Trustee of the 6 Smiths Point Trust. Notary Public Printed Name: My commission expires: -1. Seal PETER L. FREEMAN Notary Public CommmweOdManadmb my corrminlon March t 2019 BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTES Petition#_l Z Zr Petitioner: /✓1 Hearing Date:t— 4nZE REQUEST: SPECIAL PERMIT: VARIANCE: § Overturn B.I. Members of the Board present and voting. �r'4rr-f . MrlJr)'J;A , IJJJA l\' .rNtIle) 1—V C4-'% It app ring th t notice of said hearing has been gi n by sending notice there f to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. IN FAVOR _cit'l ovrnc�vS Reason for the Decision: OPPOSED Motion by: M A4 r 0j Seconded by: fC v\ Vote: Members voting in favor: Opposed: Therefore, the SPECIAL PERMIT VARIANCE APPEAL is GRANTED DENIED WITHDRAWN CONTINUED TO: CONDITIONS: n.Q /clr a /Jk t^cA-1 CC M it r::n U J vC_,V� EXHIBITS RECEIVED AT HEARING: CLER CLERK -CHAIRMAN HEARING NOTES TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTES Petition#-47�75"' Petitioner: // Hearing Date:10-11—Iff REQUEST: SPECIAL PERMIT: § VARIANCE: § Overturn B. Members of the Board present and voting. It appearing that ndtice of said hearing has been givenfby sending ofice thereof to the petitioner an a those owners of property deemed by the Board to be affected thereby and that pu is notice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. IN FAVOR 176L Reason for the Decision: Motion by: 1,11 _Seconded byl—"ote: Members voting in favor:. Therefore, the SPECIAL PERMIT GRANTED DENIED CONDITIONS: EXHIBITS RECEIVED AT HEARING: OPPOSED VARIANCE APPEAL is WITHDRAWN CONTINUED TO: CLERK: Date: CLERK -CHAIRMAN HEARING NOTES TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Telephone (508) 398-2231 Ext. 285, Fax (508) 398-0836 AGREEMENT FOR EXTENSION he Petitioner understands and Board of Appeals _ That the public hearing will not be held within 65 days of the filing of this Application, or That the Board will not take "final action" on the request for a Special Permit within 90 days of the conclusion of the public hearing; _ That the decision of the Board on an Appeal or Variance request will not be made within 100 days of the filing of the application. Further, the petitioner agrees with the Board to extend the time frames within which the hearing, re -hearing or continuance are to he held and the decision(s) are to be made and filed by the Yarmouth Board of Appeals, and to waive any rights to the Constructive Grant of this petition, provided that the Board does act within the time frame of this agreement. It is therefore agreed that the Hearing shall be held/continued on J\� R , and that the Board's decision shall be made and filed with the Town Clerk within 14 days of the conclusion Application filing Petition #� ate : leb • •� Date: Petitioner or Agent for Petitioner Date: Board of Appeals Date Filed with Town Clerk: H:\tyFiles\DocumentsWpplication\Hearing Extension Agreement.wpd 416 V. And the Wd Board of Appeals further certifies that the derision attached h rreto is a true and THE COMMONWEALTH OF MASSACHUSETTS V> correct copy of its decision granting said variance — special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and YAR43M _— APPEAL B 28 - -%,the city or town clerk.---._ __. _ ----------_----- y„ 0 • �- BOARD OF APPEALS O rDapter 40A, Section 11 (last paragraph) provides that no variance or special permit- or any ex- Date; - August 19 '1991 tension. modification or renewal thereof, shall take effect until a copy of the decision bearing the z_ • % ` Certificate of Granting of Varance or Special Permit r• c.L e - (General Lows Chapter 40A. Section 1 p been fdedr that it has been dismissed or denied, is recorded in the rcgistry of deeds for the county',, index u Thi Board of appeals' of the Ctty or Town of - -YARC- - -- - hereby certifies that a Variance or Special Permit has been granted To - - - -Smiths-Point Cluster Subdtvislanc/oGrnrae- . --155-FLderal-Sheet---..___-__ CLd ('O 4 0tyor Town Boston Mdssachi tts 02,110 _ • Serf eRlinjt to rightsol the owner wit respect an buildings at—moths-Point 3eet U Island. Meht Yasxsruth, t4Tssadnssetts 02673 V. And the Wd Board of Appeals further certifies that the derision attached h rreto is a true and - - V> correct copy of its decision granting said variance — special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and ) - -%,the city or town clerk.---._ __. _ ----------_----- y„ I- The Boatd of Appeals also calls to the attention or the owner or applicant that General Laws, s3•� O rDapter 40A, Section 11 (last paragraph) provides that no variance or special permit- or any ex- tension. modification or renewal thereof, shall take effect until a copy of the decision bearing the z_ • certification of the town or city clerk that twenty days have elapsed after the decision has been r• c.L '� riled in the office of the city or town clerk and no appeal has been filed or that, if such appeal has been fdedr that it has been dismissed or denied, is recorded in the rcgistry of deeds for the county',, index u and district in which the land is located and indexed in the grantorunder the name of the title. The fee for such recor• owner of mcord or is recorded and noted on the owner's certificate of ding or registering shall be paid by the owner or applicant. CLd tor. roe. .ou.•wurav ue •....r w• _ 1 _. -•--.. APPEAL 2829 - PEfiTIQ9:B. SIMM POINT CLUSTER SU¢DIVISICN Kidd CfF.IB(s 2 Ceotge F. Barabe Tmn Clerk Toof Yavth do hereby cenifY.that 20. days have elapsed since the filing with = of the above Boa zd of - Appeals 12829 decision and that no notice of appeal of said detisici hes . '`x ..... beem filed: with-ne;- or.. if such appeal hes been-. filed._ it hes been dismissed or denied. Clerk_ �y ♦ t TOWN OF YARMOUTH do f - -. - BOARD-or-APPEAhB._. . DECISION to✓•: '91 xL 29 P3'21 .Petitioner: Fayette S. Scheuch 54 Westwood Road West Hartford, Connecticut 061WA-H Locus: Smiths Point, Great Island, Yarmouth Petition -No.: -._2028___.- Hearing Dates:- June 11, June 27, and July -10, 1991 -- Filed with Town Clerk: ,)OL -29.1991 RVLIrP R 0 T n --- -- -----.Petitioner- requests_of the__Yarmouth_ Board of Appeals _the _ following: 1).. A special .permit for a cluster development pursuant to --Sec -ion-402'of-the-Yarmouth- Zoning- By-laws-(YZBL);------------ 2) A variance from the requirement of a public water supply as set forth in Section 402.6.2 of the YZBL; and _--0) -, Relief -from -the requirement- that - septic -tank- leaching - - ---- -- - ------ t fields be located not less than 2:0 feet from any ocean or marsh as set forth in Section 402.6.2.2 of the YZOL. REpTrr REQUESTED A_" WITHDRAWN Petitioner requested orally at the Hearing that a variance be granted to ccnstruct guest cottages On four of t.,,e lots. Th -s request was not set fort: in Petitioner's written a;plication nor e puhli hey advertise-ent of the hearing. tie request has Les. LP withd:awn .a..`.. F• ,1'--- tc Petitierer. nreCaIFTICS OF TSE L. `:�1 The subject land (lc.:::s) ec=prises apprcxi:atnl.: si�p�-sever. n acres at the end of Great Island. This parcel forms the northern portion of the land on the easterly side cf the entrance to Levia Bay. The land Is bounded on the west by Nantucket sound, on the •north and east by Lewis Bay and on the south by uncle Roberts cove and the balance of Great Island. of the total area cl the parcel, sixty-seven acres, "approximateiytwenty five -acres are -comprised of wetland and -forty =-_ two acres constitute uplands. The uplands are located in four - principal locations on the site, namely, the southern end of -locus - ..-. .where -,the existing houses are,, the spine of the isthmus running north from the existing compound,- and-twd"areas at the -eastern -and ti -_. of Smiths -Point;- ... - .. - - .. .. J.- ' The existing development on locus covers approximately four ire acres at the southern extrenit;1 of the parcel. The existing development is comprised of three houses, a garage and a gardener's tool shed. One of the houses is large, as it is a converted barn, and is known astheBig House. The Big House (on Lot 1) contains 12 rooms that could be used as bedrooms. It is a seasonal -teuse i and is not winterized. The seccnd house, known as The Cottage (on i Lot 2), contains up to 7 rooms that could be used as bedrooms and is winterized. The third house, known as the Caretaker's Cottace ` (on Lot 11), contains three tedrecros, is winterized and is curre^tly occupied :y an employee of petitioner. C+ --- Petitioner's fath•3r, alexaadar Smith, acq_irad locus in 1913 and 1917. petltiomer has sum^ere_ an Smiths paint every year since r then. Petitioner is'79 years old. The land is assessed forovet $s,000,000. and the real estate tax bill has gone up significahtly in the last decade. Consequently, petitioner seeks to: 1) divest herself of some of the land in order -to reduce .real estate taxes; 2) needs to accomplish some estate planning and in ---partScalar provfde�scme_liquidity._in_her estate,-_--_ -- 1) has two children both of whom love Smiths Point and would like to have. a, house there; and a) most importantly, preserve a substantial portion of - - --- -Smiths-Point-for-conservation-and-open space—;- - _. .... _. ._ .._ PROPOSED DEVELOPMENT..__... - .. Petitioner wishes -to divide the existing compound into three residential lots (Lots 1, 2 and 11) with one of each of the -three existing houses being located on its own separate lot. Lots 1 and 2 are configured so that they will have some ocean frontage on . : nn .— ----- natucket Sound. The !at ort which the Garetakerls Cottage --is - located, Lot 11, will have frontage on Uncle Roberts Cove. However, it is proposed that lots 1 and 2 will be granted easements to use the dock which exists north of the Caretaker's Cottage. On the area north of the compound which forms the spine of the Isthmus, petitioner proreses four single family house lots, Lot !, ;�7:• s, 6 and 7. Each of t.^.ese 1o:s, plus Lot 7 will have water ::.cutsge_on_IWntucie_Secad..._ T::_rcn_tuildab?e_Lces_ 8,e and 10 w. gill have watt: Lront:ca cn Urc:a Rece::s Cave. :.`.•a f.•: Lou" lots will have aneasement of actass to a dock to to approved and constructed. The four lots will be served by a road, called Smiths Point Road, which is accessed from Uncle Roberts Road and extends .......4 to a cul-de-sac, a distance of approximately 1,450 feet. The road layout will also contain utilities for the four new lots, all of which will be placed underground. The lot designations have been revised during the planning -- - -- ------Process:---ln -this--decision-all-=-reterehees will_be--to-the -lot-_ - -- numbers on the Definitive Subdivision Plan. These lot numbers are -. Definitive Cape. Cod Planning Board Subdivision Plan Commission Plan PreliminaryPlan .. _. --Lot-No.--,current) _.. - Lot-Nov--- - - Lot No. ..1 7. .. 7 4 1 1 3 2 2 S. 7 _ 1 7 4 4 8 0A 0 9 2A 2 10 IA 1 11 S 3 12 6 8 ---It isprcposed-t`.at t`.e.-falL-:ring.pairsof Lots-..will_alxas ke cwned by the sa=e edit•; and r2scrlct4cna will be placai in :`a deeds so that neit`ar le: in the pair ray to conveyed separa:e'_;. -The . paired lots are: 3, 11 6 11B wa 4 E 30 i 5,i 9 • � 6 i 8 By this restriction, each lot will have water frontage on Nantucket sound sand Uncle Roberts Cove, with the exception -of Iits Y ani 2 -- --- -- —� Lots 1 and 2 will have an easement to use .the existing dock on lot - - - - - HISTORY- OFTHEOEVELOPHENT.- Fields Pcint Limited Partnership applied for a special Permit, I I —and -for other raIief; tram-the-Yarxiouth-9oard--ot-llppeais-iit-1987. � -- -.. At -that time -there time there was joint planning going on between Fields Point_ Limited Partnership and Petitioner. However, Fields Point was further along in their plans than Petitioner and thus Petitioner . was not then _ready__to_ submit_a_ plan to the Board -of ' Appeals. - Nevertheless, in the Yarncuth Board of Appeals Decision rendered in 1987, in the Fields Point Limited Partnership matter, Petition - Number 2440, this Board stated: Notice is taken of, and this decision, is made with knowledge that the Petiticner is not the owner of the entire island. Elinor Phipps is the owner of a dwelling - surrounded by tre cluster and Fayette Scheuch owns aecrexirately 70 acres at Smiths Point and has indicated an intent to subdivide sane into 6 to 11 lots. ! ... In_the.-fall_cf-1939_Fe- 'cls=-f.led a preliminary subdivision clan with the Yarrcuth 'rl_nnln4 =card. :::c plan. was ravie::ed and ppceved with conditions in San,.:ar:, 1590. Thereafter Petitioner tack the site Dtvelcr-e,^.t Plan to SitePlanFe:•ie::. Between the 5 time the plan- was submitted for Site Plan _ Reviewand the meeting with the Site Plan Review Committee, the Cape Cod Commission was voted into existence. Under the Cape Cod Commission Act (Chapter 716 of the Acts, of 1989, as amended) any subdivision of a parcel of greater than fifty acres was automatically -subject to rwtiev by the Cape Cod Commission. . This necessitated a stay of the Site Plan Review. A re--que-s-t for -en exemption from the Cape Cod -Comm s8 h was filed with the Commission and denied -and then an application_ for approval of a Deve opmen0 t- -f -Regional -impact -was-f iled-Vith- the - - - - Commission. 'Hearings --were held --and- the -Cape -Cod -Commission approved the development by a Decision dated October 25, 1990. The recision or trio cape .--conditions -which- are _summarAzed as follows: 1) that lot 12 on the Definitive Subdivision Plan be subject to a conservation restriction in perpetuity; ..none ne of6eseven house lots or the conservation lot be ever fu - rther subdivided; • 3) the seven house lots be used for residential purposes; 4) no houses will be built outside of the -approximate building envelopes as shown on the development plans-; 5) there be no more than one residential building on lot 4 and lot 11 as shc-an are the definitive subdivision plan but nothing kj in the decision of the C -,;e cc;! Commission Will prchibit quest .,zuses on lots 1, 2, 5, 6 Cr 7; 6) the maximum r.::= -tor of hedrccms per=itted on thi residential lots as sown cn the Ca!initive Sutdiv4sicn'N.wi sha!-' 6 i 9'.�J►. • a , .ter. be as. follows, _ - Definitive Subdivision Plan Maximun Number of Lot Number Bedrooms Per Lot 1 12 (existimgj. 2 7 (existing) 4 6 ,6 8 - /7 8 ,/7.-(3 exist) 7) the construction of new buildingsshall be subject to arcni[ecLYZalgulaela,��>� _ ._. _e)___building_ height shall be limited to 35 feet and in no event shall mora than 50; of the structure be constructed between 28 and 35 feet in height above grade; - 9) the .existing dock maybe repaired and maintained but it may not be enlarged; 10) one additional dock may be constructed to serve lots 4, 5, 6 and 7 but it may not extend beyond the 4 foot contour and is limited in size; and 11) an intensive archeological survey shall be conducted on locus. Petitioner has received an Order of conditions from Via Conservation Co.Tmis>icn, as ei_ as a -cr. 1Ce Ferb1---f"rom Army corps. of Eroiceers, fcr cc-strnct:.en o: the water line on Let l c'. Of hearings before the Board us ly _ with_,, eo uth Pls.)ninl Contemporan been appearing before the Yarmo Appeals, petitioner has Definitive Subdivision plan. f her Board for approval c TMELIMUTM frnt�_, . of Intent Petitioner acknowledges that she 'Bust construction Of commission for the c conservation COm" -,Wit�-the�yarmquth d Lik9wiss,shealsO f -l -r, -Fon Road and the P'Oporel lots 4, 5, .-6 or Smiths Point Roo may be built on "at betor, any houses roved - -recognizes nd-water-supe-�ies must be a" septic systems a d houses will 7, the on-site s and,. Of -cou?.7ses. the propose — . - ----- - In ---Building_ I—— -- by e-ecard-cf-Haelt or. ave to be given building permits by. t a septic systers are h v®11_ -and two supply— addition, a n11 water- I .all_c f which just be approved . by -p­ro­pcs--�id-fO-r— . Uots-2- and -ll,_ ...... . Board of Health. G THE t was properly advertised in the The I hearing on this projec- ,,t.by first on May 29 and jume 51 1991. Notice we to mail notice' namely' . 11 Lha abuttors entitled Class mail to a Fields pointLimited Partnership c/o Creat Island Homeowners Assoc. P, 0. Box 3.18 West Yarmouth, KA 02673 Z31dast3ni, TrS. ssoc- othar Aire .1idl, squ Assoc - c; 0 T.-cnas G 60 statJMA Str02109 eet Scst,n, Xrnal! '-. C:'a I'll,- Trustees Ma-.Ccln G. Cllac�'r.,ealt-j Trust Creat Island SCX 1530 01649 6 .. ­eL – ­ —­ .., .. ......_--..._- a .---...-- I 44, The hearing was opened at 7:15 p.m. on Thursday June 13, 1991 -- in the hearing room Yn theYarmouthTown Office- -The hearing was continued to Thursday June 27, 1991 and again continued to Wednesday July 10, 1991, at which time the hearing was closed. Written comments on the application, or written statements of - "no comment", were. received on the application from the Police, DepartmentSelectmen, Fire Department, Department.. of. Public Works; -- P .....------ -- _.. -- ------ ----- Cape cod Commission, Building Inspector;- Engineering Department, Water Duality Advisory Committee, and ConservationCommission,-In. addition, Forest White, Building Inspector, William A. Greene, Jr., ----- Deputy-FireChief,--Jim-Robertson of tha_Planninq_Board, - and -John D. Ruehinski, from the Engineering Department spoke at the tw. ._.. hearing- Patitloner attended--aIl-hearings--along- with- -her—husbard,----- Professor Richard Scheuch. Representing Petitioner were: George H. , Dallas,. Esquire, Hovey, Urbelis, Fieldsteel & Bailin, counsel, G. Wade Staniar, LandVest,, Site Planners, James Monahan, LandVest, Judith T. Wall; ASLA, IEp,- Inc. Project. Engineers, James Freeman, P.E., IEP, Stanley Humphries, IEP, Coastal Geologist, Jill A, Clark, P.L.S., Schofield Brothers, Surveyor, and Robert Perry, P.E.. Schofield Brothers. wATVSI1L SUBMITTi'D � In her application filed with the Board of Appeals, Petitioner included:.-_....__ '• T. •�5'?, to the Board of Appals A letter fzca �-t.. •-.- `l dated April 25, 1591. f A letter frcn Jill A. Cla:k, 'r LS to the Planning Bcard listing .i u waivers requested on the Definitive Subdivision Plan dated April 1, -_.__--- A copy of the Order of Conditions issued by the Yarmouth Conservation Commission for the construction of a well on lot 12 —•— and an undergroundpipe carrying water onto lot 7. A memorandum from Forrest White, Building Department, John Ruchinski, fngineerinci Department and Terry N. Sylvia, Assistant Town Plahner to Stanley N. Humphries setting forth comments from the Site Plan Review dated January 25, 1991.' - __.:Certificate of the _Town- Clerk- .Of- Yarmouth with regard_to the - filing -of. the _PreIiminary:Su6dfvision-PYan-. - _- -_- Draft form of . Conservations Restriction to be granted by Petitioner. to Thr Trustees of Reservation covering lot 12. ---- o The Draft of Smiths Point Architectural Guidelines. ---Decision--of the._ -cepa _ Cod_ ccmnission on _Petitioner's, - application for a Development of Regional ImpacC L of anv of the M house lots. A copy Of fandCodrt"PYan`4075B-showing-Petitioner's-- land- _as-__.._. lot 1. overall Development Plan prepared by IEP, Inc. dated April 19, 1990. Grading, Drainage; Revagetation- andErosionControl. Plan preparAd by IT_P, 'Inc: dated April, 1991. During the course of the nearing, Petitioner also submitted to the Board for its review the following additional items: Letter from Judith T. Wall of IEP to the Board dated June 24, 1991 setting forth how the proresed project complies w'.th Section 402 of the Zoning By -lads. A list of responses to various issues raised by Yar_.outh Town Departments with regard to the proposed devel,:pnent and in particular the comments cf the=agineering Department and the Fire Cepa ^-en A s❑ of -i'_ ccrtditicns and water resource impacts of the Smiths Fcint C' cr Sutd .sicn dated Jnre 1'a, 190' A report prepared by WeLogic Sarvices Corporation dated 17 ■.� 0 October 198.8 entitled "Subsurface Investigation and Hydrogeologic Assessment of the EasternPortion ofSmithsPoint".- - Sketch plan showing the building envelopes on lots 4, S, 6 and 7. Sketch plan showing the septic and well set backs on lots 1, 5, 6 and 7. Schematic site plan. -..' Report_by_IEP entitled -"Preliminary: Water Resourcess-Assessment — - Smiths Point, -Yarmouth;�Massazhususetts".-dater,7une_'193i:.- ndvdnnq the report of RAI dated May 20,"1991 wits -regard to water quality samples and the report. of Hydrosample dazed December 71, 199O_with regard to the testing of water samples for, chloride and sodium Memorandum to the Cape Cod commission from IEP dated August 29, -1990 -with regard -to the -impact of the -proposed development. on - - - water- qua lity.in- Uncle -Roberts-Cove- Topographic. plan colored to show the various resource areas _ —imps!ing-environmentaYconstrai-nis r,the-project-such-as=coastal -r• _ dunes, coastalbank, wetlands, bordering vegetated wetlands and land subject to storm flowage.__ '..• N: Memorandum f rom George M. Dallas, Esq. on the legal requirements for approval of the Smiths Point Cluster Development. rxT8TING ZONING r: a • Locus is in a R-87 zone whichmeansthat as -of- right, Petitioner could create a standard subdivision as long as each lot. e`' contained 87,12O'square feet of buildable area, at least 200 feet.` • of frontage was provided on an approved way and so long as she complied with the remaining p:cvisicns of the zoning by-laws. Cider a standard sutdivis:cn the cost to the environment would be significant and the entire locus could be subdivided into lots for •• private. houses. ... rlti7:yGS... The Hoard finds that Fstiti=na_ has sutc- ted a pr2ject that sho'ns sensitivit. t_'wor_•o the ent•;r-_.n.ent and a desire to preser:'a L' a significant portion of locus for conservation. In any .. - ---v--I develups ent o! an environmentally Berisiti-vesite -sucA'as'this;- - - there are compromises. This Board finds that the compromises and waivers that Petitioner seeks from this Board are reasonable in view of the relatively low intensity of the development. and Petitioner's desire to maintain as much of the site undeveloped. - --- ----- -More-specifically_..the Hoard finds pursvant_to Section402.2.1- that o22 1—that Petitioner has met the objectives of�a cluster development by _. _proposing a relatively intense use of the land in the location of the existing compound and along the upland that forms the spine of ---_- - -- --- the isthmus:-'This-development-ol- essentially- -seven_housa-lats_does_.--.__.. notconstitutea large scale increase in population density. The Board further finds that Petitioner's proposal to preserve lot 17 by placing a conservation resct.ion on iE"in perpetuity-thus ------ saves forever thirty six valuable acres from any future development and enhances the open space and conservation areas within the town. _. _...__ ..._._ Ol' necgasity the cons truecion of Pour -additional houses- will introduce some variety and choice in the residential housing in the Town of Yarmouth and thereby help meet the housing needs. Petitioner will install utilities at her expense. There will be no municipal utility services required. The road will be privately caintained by the Great Island Ho:eoarez,s Association. As it is contemplated that these houses will primarily be seasonal hcaes it - - - is not-exe_ected.t: t.. theyw i.11 cause an-,-_ demand on the Yarnouth sc`cols. Because tnis prc;e-zt 4a at tho end of a penirs_:a, there is no need to req,-,4:a the ccnnection to other municipal reads cr 1: the looping of municipal services. -- Pursuant to section 402.4 of the Zoning By-law the Hoard finds that Petitioner submitted her application to the Board of Appeals on April 25, 1991 With the requisite number of copies. The Board also finds that the project covers a parcel Of land that is at - -__.- --.._... _ Ieast-14 tigerthe-minimum_single_Samily_--lot area_.zeguired-in-the:= R-87 district, namely 2 acres. ---The Board._linds that the overall development plan contained the 11 enumerated items set forth in the zoning by-laws section 402.6.4, namely, 1T the -iocation-and-boundaries-ol-the-s ite,_.2)_.. e._..... __..... _.___. .. ._..__ propose dland and building uses, �) any required yards or set back areas, 4) the location and boundaries of common open space, 5) the existing topography, 6) a proposed grading-plan, 7) the�Ioeation------- and widths of streets and ways, a) parking, 9) areas, of proposed and retained vegetation, 10) distinctions between uplands and wetland, and 11) a drainage and se-werage facilities plan. In addition the plan contained the dimensions and use of proposed structures within the building envelopes and the plan has been prepared by aregistered landscape architect, civil engineer or land sarveyor. Pursuant to section 40:.:.4 the Hoard finds that Fayette Scheuch's interest in the lard is fee cwnership, the cc=cn open space-will-be-maintained.r( Fayette -S heuch or by the (Sreat Island Hcmecwner's Asscciaticr., the .-cpcs,.7 d-2e!3 and a servation - restriction have been sut-itted to the Hcard in draft fcrz shewirg the covenants and drafts of easatants to to ir,Fcse3 uz:cn the land 17 and Petitior.er intends to complete the development in the next fi_ three to six-years.- The ixyears.The Board further finds that pursuant to section 402.5.1 the maximum number of dwelling units allowed is 11. The Boird finds that the developable area is 27.2 acres and with a minimum lot size of 2 acres, the cluster Develpment By -Lav formula (4ZBL 5402.3.1) .- would-"permit_p-maximum_of_31-units:_ The Board_ is, satisfied_ that the test wells and exploration for water on the site performed to date indicate that the house lots to be developed are located in soils that will be suitable for handling of on-site septic systems - -- -and-that-there-will be -sufficient -potable -water -available for -each- --- house. Likewise, the, Board finds that the analysis done by 1EP . determined that the effect of the effluent from the on-site septic ...__ .... ___..------- systems on the waters`inUeEIe"Aofieras Cova -and-Nantucket"'Sdund-'--- will be negligible, if any. The Board finds that all proposed lots fulfill the dimensional requirements set forth. in Zoning By -lav Section 402.5:].- Thee is one existing dwelling, namely, the Caretaker's Cottage located en lot 11 which is less than 9 feet from the boundary of the project. This house is nonconforming structure and was in existence when Petitioner's father purchased the -rcperty in 1916. It predates :ening. Ho new strac:_res are proposed that would violate the setback requirements cf sactien Petitioner sce s no raiiai fres Sicticn :02.5.5 of the -_Or."-; 5y -law. 14 r DZ, K ''`"•' Petitioner.. proposes a 40 foot wide right of way which will contain 14 feet of paving. This access road, known as Smiths Point Road, will be 1,450 feat long and and in a cul-de-sac. The road will serve 5 of the house lots and this Board finds that it is adequate for such a low intensity of development. The Board is mindful of the concerns expressed by the Fire Department. The Board believes the comproaiso of -a -i4' -wide paved width, with Z . - - -foot -shoulders on either side, -as opposed to.20'..paved width, Is __. __.. . .. .. __-_-. _.._.---..._ .. _. reasonable. Electric power, telephone, cable t.v., fire alarm and burglar alarm vires shall all be laced below grade in Smiths Point Road. --3 a nearest p4bI1Z'-watet'tc'Yocuris-orrSouth-Sea-kvenua-some-2-to---. ' 1/2_mile e away_. -_It would ba -a tremendous expense to bring _a_ water main from South Sea Avenue to locus. In addition to the financial expense it would cause significant damage to the environment as it would have to come down the causeway through aImost'2 miles of Barrier Beach and dunes. Petitioner has demonstrated thatthere appears to be adequate potable water on gs each of the proposed lots and in particular a good supply of fresh z water on the conservation lot, lot 12. Consequently, the Board finds that strict compliance with YZBL Section 402.6.2 is net reasonable. Town water reed net to brought to the site. Private l� wells will be adequate as long as there is some means of fire prctact:cn. Because of the liaitai buil:aclg area an lots 4, 5, 6 and i t: is i:pcssible to locate septic tarp's leaching fields =ore than ^.50. 15 a r. feet from'Nantueket Sound or Uncle Roberts Cove. Petitioner has demonstrated that effluent from septic systems up to 150 feet from the water will not degrade the water quality in Uncle Roberts Cove or Nantucket Sound, nor will the ground water be adversely affected by waiving the requirements of YZBL Section 402.6.2.2. Consequently, the Board finds that relief from the requirements of ---e - -Sect ion-"3oY 6.-2:2 is --reasonable --so--long-as no-. �.on-site-- sewage effluent discharge facility is located closer than 150 feet to Nantucket Sound or Uncle Roberts... Cove nor_ to any- _other _ river,,__ stream, swamp ormarsh. - - - - - r Petitioner has demonsErated -sensitivity' eo'"'the ecologieal` ir. of the road and the Architectural Guidelines, Petitioner seeks to ninimize topographic change and reduce the amount of trees and vegetation that must be removed. The height restriction imposed by the Cape Cod Commission, and also set forth in the Architectural Guidelines, will minimize the visually disruptive effect of the houses. As the proposed project contains lot 12 comprising 36 acres which will be set aside fcr conservation, this lot constitutes 5:1 of locus and therefore exceeds the 301 minimum requirement for open s=ate set forth in the =cring By-law Section 402.7.1. Fayette Scheuch proposes to retain title to lot 12, subject to the Laser-atien Restriction ranted to The Trustees of-Reser.ationa. or similar conservation organization, cr to convey Lot :: to [he Great Island He=eowners Assec43tica subject to the sa_a 16 conservation restriction. This complies with Y20L Section 403.7.1. All the lot owners on locus will be members of the creat Island Homeowners Association. RELTEY GRANTED - Based on the foregoing, a Notion was made by Nr. Reid, seconded by Hr. Henderson, to grant the following relief; _ 1) a SpecialPezmit 7o2--a--slogle-familp-cluster-developaent-- -- ------ - ---- -- pursuant to.the "overall Development Plan Smith's Point Single - - -- Family Cluster Development Plan" by- TEP, .InC_ dated April 19,._1990,.. as amended and revised, during, the Rearing,_in accordance with the Yarmouth Zoning By-law Section 403, sub ect to a foIIov hq---- L ---- -conditions' a) That the lard be developed into no pore than seven single fauily residential lot„ - b) Title to the following lot groupings will always be in the same ownerships - Get containing HoIjSg A-ditional Lot(S) in Same c'.nersh o 4 10 S 9 t1 11.3 and 7 cr, the add:t:cral s a.: be =ere_-* into and ter_ -e par= of t`a Lct ccrtainia,^ the `.-use: 1' .. ..._ . o.... ...7c `n= cr .ass._. _... Cr .., "car:- •Jr a does .❑ .ncla rccer_s CL.'e: c) AAI b _ _ 5 .0 __ c=.ztr-_C_32 X .� ._..__._. .».». ... ....» � rte.... ' substantially in conformance with the Architectural Guidelines and - Plans whichweresubmitted; -and- - _- -- -- - - , e) -.Lot,. 12 be encumbered by a conservation restriction . substantially in the form submitted running in favor of The Trustees of Reservations or other similar conservation organization, to be filed in the Barnstable Registry District of -- --'- -- - '--the- Land court and proof of such -registration -to -be -filed with the - - Board ofAppeals prior to the -commencement -of -further development of the site. - - - - 2) a. Variance from the provisions of Yarmouth Zoning By lav - ----.- - Sect ion_ 402_6.2 that. there be -.a -public -water supply -and -thereby 1 permitting the supply of water to be by private wells; i 1) a waiver fromthe requirement of Section 402.6.2.2 that -�- "" ----' or. -sits septi e` syste:ds"be-loddte3 at"-Ieast 750-"£ee t"from any cess n'- "" or marsh and permit septic systems to be located at least 150 feet from the mean high cater line of the ocean or the edge of a marsh; 4,` Petitioner's request for four guest cottages be withdrawn without prejudice. i The Board -enters voted unanimously in favor of the Aieticn. The Special Permit and variance are therefore granted. Permit shall iss,;e _..___ :: days frc:the due of _ cf ...ia _ee.s:en with the ':_wn C:er::. •-. I CS.:] . C!er.., ..car:! c: . rea:s YARMOUTH BOARD OF APPEALS ABUTTERS LIST Petition# it.,a-> Name / lD/f% &C Filing Date: - - Hearing Date: Property Notices must be sent to the petitioner (applicant), abutters, and owners of land directly opposite on any public or private street or way, and abutters to the abutters (only within 300 feet of the property line) of the petitioner as they appear on the most recent applicable tax list. Provide only the abutters map and lot number. Postage charges for all applications will be determined by multiplying the number of abutters (and the parcel Win question) times .56¢, which is the current cost for the two required mailings. Add that to the application fee and Include your check with the application. MapLot Number Map Lot Number Number Number t# #e 2 Labels -1 Hard Copy Assessors Field Card with photo Andy Machado, Director of Assessing 5/ 2/ ZALDASTANI ELIZABETH (EST OF) 42 CABOT ST WINCHESTER, MA 01890-2420 5/ 3/ SCHEUCH RICHARD TRS YOUNG JOHN R TRS 10 LOEFFLER RD E506 BLOOMFIELD, CT 06002 5/ 4/ BLAIR HENRY TRS HENRY BLAIR SMITHS POINT TRUST PO BOX 657 BARNSTABLE, MA 02630 5/ 5/ / 6 SMITHS POINT LLC C/0 HENRY E BLAIR BOX 657 BARNSTABLE, MA 02630 5/ 6/ 6 SMITHS POINT LLC 54 HIGH ST TOPSFIELD, MA 01983 5/ 13/ / MIHOS CHRISTY P C/O MIHOS ANDREA A 63 SMITHS POINT RD WEST YARMOUTH, MA 02673 5/ 14/ / LI WINIFRED I TR C/O HERSHEY BARRY J 381 GARFIELD RD CONCORD, MA 01742 5/ 24/ / UNCLE ROBERTS STONE HOUSE LLC C/O JUDITH CARROLL 232 VAILCO LN AUSTIN, TX 78738 5/ 16.1/ ALBRIGHT RICHARD C 1R TRS C/O ALBRIGHT TERRY K TRS 86 CONCORD RD WAYLAND, MA 01778 5/ 18.1/ ALBRIGHT TERRY K TR THE 61 UNCLE ROBERTS RD NOM TRUST 86 CONCORD RD WAYLAND, MA 01778 5/ 23.1/ FIELDS POINT LTD PARTNERSHIP GREAT ISLAND HOMEOWNERS ASSOC 1100 GREAT ISLAND RD WEST YARMOUTH, MA 02673 5/ 25.1/ / AMES ESTHER D TR C/O FIDUCIARY TR C/O D A KEYSER P O BOX 55806 BOSTON, MA 02205.5806 Please use this signature to certify this list of properties abutting within 300' of the parcel located at: 6 Smiths Point Rd., West Yarmouth, MA 02673 Assessors Map 5, Lot 6 Andy Mahado, Director of Assessing 6 SMITHS POINT RD WEST YARMOUTH, MA 02673 1 inch = 428 feet Data and scale shown on this map are provided for planning and informational purposes only. YARMOUTH (MA) and Vision S Government Solutions are not responsible for any use for other purposes or misuse or misrepresentation of this information. 10/3/2018 CAPE COD ENGINEERING, INC. Robert M. Perry, P.E. P.O. Box 1517 East Dennis, MA 02641 Tel 508-385-1445 / Fax 508-385-1446 bobnerrvncapecod.net October 25, 2018 Town of Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 Re: 6 Smiths Point Road, West Yarmouth — Special Permit Application To the Zoning Board of Appeals, Enclosed please find copies of the site plan revised to eliminate a formerly proposed landscape feature. That feature was a patio segment and pergola previously proposed near the driveway parking area. The removal of the patio and the pergola resulted from the completion of the Conservation review process. The Yarmouth Conservation Commission voted unanimously to approve the attached revised plan Thursday evening 10/18/18. The Order of Conditions will be available for your file upon request We look forward to presenting the project at the 11/8/18 public hearing. Please contact me directly with any questions. Sincerely Cape Cing, Inc. Robert Per� RECEIVED OCT 25 2018 YARMOUTH UNCLE ROBERTS COVE �I AIL all, STONE ' SALT MARSH - BENCHMARK: 2 _ - TOP OF STONE BOUND i - - - �EL.=2.8 NAVD 88 _6 O ali, r - - OF 00 0 i ' , -10- con ,ELECTRIC BOX 2 � - \ LIMIT OF LAND SUBJECT TO COASTAL Fs, STORM FLOWAGE AND TOP OF COASTAL Q BANK EL = 13 NAVD88 10"5 TOP OF SLOPE'-_ 14 0/1 LAWN POPLAR ORY/ 16 PQPLA " 20" OPLA I EE PLANTING a • I / / NOTES FOR o HATCHED ZONE a N COASTAL BANIK OF BOULDER x MH Aro / 1, ' OAK: • . . ��� _ ... .. OS�Q Q P AND B 12" OAK ,\ - - $ : R�VEWAY:. •• P - - 16 - L=149.59 / J U ED LDER 2 WIDE • . ti x .. .. •..k :• :. �� / + �OppS �� , �o ®T ' • ,IWR;:... 9....'. CB , ALK a / `) CH PAVEMENT O FNDELES P N V UTTLI ES100 \ 0V 0 / CB / / I FLOOD QSE FND M.=13 6 QP�M� TOP OF FOUNDATION EL = 16.5 FINISH GRADE = 14 I I z 0 13.75 12.75 6. OF 3/4' TO 1-1/2' DIA. STONE BELOW TANK NOTE: ALL PIPE TO BE 4" DIA. PVC TIGHT JOINT WITH MINIMUM SLOPE OF 1/8" PER FT. / I FpgNOygY \ ROp� �� PE S411 G9NScgo�, l / O> ��%, ti ( / <0 REPLACE HOLLY S� / /0 LP ° Boy LOT 107 / IL P ppF 2 EXIST. \� 0 LEACH PITS PER AS -BUILT PLAN o DDM -r \11.I11N f -n PM.Cn-iI . MINIMUM D -BOX INSIDE DIMENSIONS 12'x12' PROVIDE ACCESS COVERS TO WITHIN 6' OF GRADE EXISTING "D" BOX D -BOX ° SERVING AS MANHOLE ACCESS PROPOSED SEPTIC TANK INV. EL AS EXISTING PLAN 1� 12' PRECAST REINFORCED CONCRETE CAPACITY: EXIST. ELEV. GALLONS LEACH EXISTING SEPTIC SYSTEM PROFILE (2 EXISTING)I ST TO EXIST. NO SCALE TO FOUNDATION ,ING WALL CB FND SEPTIC TANK EL= SILL -_ LAWN° WELL 1 \ EX. SEWER 1 / MANHOLE I 20' / L=10.97' �8 WELL / CB FND RESTORATIVE PLANTING GENERAL DESCRIPTION: • RESTORATION OF THE HATCHED AREA TO THE NORTH OF THE PROPOSED DRIVE SHALL BE TREATED AS DESCRIBED BELOW. • THE SPECIFIC PLANT SPACING FOR SHRUBS SHALL BE CONSISTENT WITH THE SCALED PLAN AND IN ACCORDANCE WITH NORMAL NURSERYMENS' PRACTICE TO ACHIEVE AN INITIAL SUITABLE DENSITY OWING TO THE PROSPECT OF PROPER GROWTH FOR PLANTS FILLING IN . SEVERAL GROUPINGS OF SUCH NATIVE SHRUBS AS NORTHERN BAYBERRY (myrica pensylvanica), AND BEACH PLUM (Prunis maritima) ARE PROPOSED. • SHRUB SIZE SHALL BE NO LESS THAN 3 GALLON • WITH THE INVASIVE VINES AND GROUNDCOVER REMOVED, PLANTING HOLES SHALL BE PROPERLY PREPARED IN ACCORDANCE WITH STANDARD LANDSCAPE PRACTICE. PROVIDE WATER AT REGULAR INTERVALS TO ALL PLANTINGS. DEEP WATERING IS RECOMMENDED FOR THE FIRST 4 WEEKS, AND APPROX.1" OF WATER PER WEEK DURING THE FIRST GROWING SEASON. THE GROUND AREAS TO BE RESTORED SHALL BE SET WITH THE SHRUB GROUPINGS AS DECSRIBED ABOVE AND HEAVILY SEEDED ( RAKED IN) WITH A NATIVE FESCUE (any of the native Festuca) MIX IN ADDITION TO SWITCH GRASS (PLANTS OR SEED - Pankum vergatum), AND LTTLE BLUESTEM Schizachyrium scoparium. AREAS INTENDED FOR RESTORATIVE GRASS COVER SHALL BE OVER -SEEDED IN COMBINATION WITH ROOTED GRASS PLANTINGS AT A MAXIMUM O.C. SPACING OF 12 INCHES. • GRASS PLANTING AND SEEDING SHALL BE DONE AT THE RECOMMENDED TIME OF YEAR FOR THE VARIOUS SPECIES. FOLLOWUP INSPECTION IS REQUIRED TO ESTABLISH THE THICK GRASS COVER. SITE NOTES 1. ZONING CLASSIFICATION - R-87; CLUSTER SUBDIVISION SPECIAL PERMIT NO. 2829, AUGUST 19.1991 2. PARCEL AREA 2.6 AC. 3. A PORTION OF LOCUS IS WITHIN FEMA FLOOD ZONE AE W/ BFE =13 AS SHOWN ON THE YARMOUTH FIRM PANEL 2SO01C 0782) 4. ELEVATIONS REFER TO NAVD88 S. PLAN REF.: LAND COURT PLAN 4075-P LOT 106 6. ON-SITE SURVEY PERFORMED IN JULY 2017 GENERAL WORK NOTES 1. ELEVATIONS REFER TO NAVD88. REFER TO THE BENCHMARK . A STONE BOUND ALONG THE NORTHEAST PROPERTY LINE. CONTACT CAPE COD ENGINEERING, INC. FOR ADDITIONAL ELEVATION INFORMATION. 2. THE SITE WORK IS SUBJECT TO MASS DEP WETLAND ACT AND YARMOUTH WETLAND BY-LAWS. REFER TO THE ORDER OF CONDITIONS ONCE ISSUED. REFERENCE IS MADE TO SPECIAL PERMIT # 2829 ISSUED FOR THE "SMITHS POINT CLUSTER SUBDIVISION, AUGUST 19, 1991"; FURTHER REFERENCE IS MADE TO ANY SPECIAL PERMIT ISSUE FOR THIS SPECIFIC RAZE AND REPLACE PROJECT ONCE ISSUED. 3. PLAN REFERENCE: TOPOGRAPHIC SURVEY DATA PROVIDED BY SCHOFIELD BROTHERS OF CAPE COD, INC. SEPTIC SYSTEM AND WATER SUPPLY DETAILS ARE DERIVED BY CAPE COD ENGINEERING, INC. FROM IN -GROUND RESEARCH AND RECORD AS -BUILT INFORMATION. 4. THE SITE IS IMPACTED BY THE AE FLOOD ZONE TO THE ELEV. = 13 CONTOUR. 5. EXISTING OFF SITE WATER SERVICE IS ADRESSED BY EASEMENT DOCUMENTATION RECORDED AT THE MASS. LAND COURT. COPIES ARE AVAILABLE UPON REQUEST. 6. ALL SEPTIC SYSTEM CONSTRUCTION MATERIALS AND PROCEDURES SHALL CONFORM TO THE STATE SANITARY CODE, TITLE 5 AND TOWN OF YARMOUTH HEALTH DEPT. APPROVAL FOR THE DESIGN, 7. A REPLACEMENT 1,500 GAL. H-20 RATED SEPTIC TANK IS PROPOSED TO SERVE THE NEW DWELLING, UTILIZING THE EXISTING SYSTEM COMPONETS, 8. INSTALLER SHALL CONTACT ENGINEER AT TIME OF WORK COMPLETION PRIOR TO EARTH COVERING FOR SYSTEM CERTIFICATION IF REQUIRED. 9. CONTACT THE ENGINEER IF ANY QUESTIONS OR DOUBTS ARISE REGARDING CONDITIONS ENCOUNTERED DURING CONSTRUCTION. 10. NO KNOWN POTABLE WELLS EXIST WITHIN 150 FT. OF THE PROPOSED SEPTIC TANK OR EXISTING COMPONENTS OTHER THAN THOSE SHOWN. 11. SITE WORK SHALL INVOLVE ONLY NATURAL MATERIALS FOR SUBGRADE AND SUBBASE FOR WALKS AND THE DRIVEWAY. RECYCLED MATERIALS SUCH AS "T" BASE AND / OR "ABC' PRODUCTS ARE NOT PERMITTED. 12. REFER TO ARCHITECTS CONSTRUCTION DRAWINGS FOR EXACT BUILDING DIMENSIONS AND THE LANDSCAPE PLAN PREAPRED BY MARY LEBLANC LANDSCAPE DESIGN SHEET L-1. DESIGN DATA HYD. LOADING PROPOSED DWELLING - 2 BEDROOMS X 110 GPD/BR = 220.0 GPD SEPTIC TANK DESIGN 220 GPD X 200% = 440.0 GPD A 1,500 GAL. SEPTIC TANK - ST 1500 -H-20 IS PROPOSED TO REPLACE THE EXISTING TANK EXISTING SAS DESIGN - 5 BEDROOM 1978 CODE APPROVED SYSTEM CAPACITY PER EXISTING MUNICIPAL RECORDS) *THE DESIGN IS NOT SUITABLE FOR USE WITH A GARBAGE DISPOSAL UNIT ALBRIGHT.DWG UNCLE ROBERTS COVE /� NOTES: �\ 1. ZONING CLASSIFICATION: RESIDENTIAL R-87 2. PARCEL AREA: 2.6 ACRESt 60\ 0 3. ASSESSORS: MAP 5, PARCEL 6 C A PORTION OF LOCUS FALLS WITHIN FLOOD ZONE AE (EL 13) . \ AS SHOWN ON THE FLOOD INSURANCE RATE MAP (FIRM) \ �\ FOR THE TOWN OF YARMOUTH. MAP NUMBER 25001C 0782J. V. 5. ELEVATIONS REFER TO THE NORTH AMERICAN VERTICAL DATUM OF 1988. SEE BENCHMARK ON PLAN. 6. FOR REFERENCE SEE - LAND COURT PLAN - � \ �; \ �,I 4075 P, LOT 106 7. EXISTING CONDITIONS SHOWN WERE OBTAINED BY FIELD SURVEY JULY, 2017. AIL p /y BENCHMARK: "Y. TOP OF STONE BOUND �� EL.=2.8 NAVD 88 LIMIT OF LAID _SUBJECT TO COASTAL ELECTRIC STORM FLOWAGE AND TOP OF BoxCOASTAL BANK EL - 13 NAVD88 SALT '/� /� ,ryX'%�'��__ \ Lli MARSHAl .� / �/ / 50' FROM TOP OF g'// •� COASTAL BANK • '` XPi �MH LAWN GEN obi !t9 ro Nc I LI3 � EXISTING 1� W S, / ..... CK .1-6 2 POP R, GARAGE DOOR SILL rONF3 y+$s t0" ` EL=17.7 o Co -- --- — k� WELL 0 ySLAB ., / •' fl�oQ r'-. //*AR � 4 Ui, TIE `\ t EL -1.3.8 LAWN j) o tis Cg / 0 C&STAL ' / 1Ll i4" �fb Ncn �FrfD._ BANK ENDS ;t ` L=10. /AL 192.86'12" OAK C CB 6 FND —'" 78 G3 N 1 OA SMITHS POINT ROAD &DOE ` of P 7- 1 `° \ / ' / / / LOT 107 �o� R(DB>�T U FEE MAN CA / f .o No. 32655 all// / N� St1 VI:Y !cV/ F /CB / / // Iry / / \ ✓ ! � / �,/ / 6 SMITHS POINT ROAD ti I � 226-54' __— SITE PLAN OF LAND IN SHOWING EXISTING CONDITIONS PREPARED FOR: / CAPE COD ENGINEERING SCALE: 1 " = 30' DATE: SEPTEMBER 18, 2018 0 15 30 60 120 FEET _f SCHOFIELD BROTHERS OF CAPE COD :z PROFESSIONAL ENGINEERS & PROFESSIONAL LAND SURVEYORS 0 5 10 20 METERS 161 CRANBERRY HIGHWAY, ORLEANS MA 02653 TEL NO. 508--255-2098 FAX NO. 508-240-1215 0--12000 COPYRIGHT 2018, BY SCHOFIELD BROTHERS OF CAPE COD MATERIALS FINISHES TO MATCH ADJACENT ALBRIGHT COMPOUND: - ROOFING: RED CEDAR SHINGLES TO WEATHER. - CLADDING: WHITE CEDAR SHINGLES TO WEATHER. - TRIM: WHITE CEDAR TO WEATHER. - FOUNDATION: STONE CLAD. - CHIMNEY: BRICK - WINDOWS: ALUMINUM CLAD WOOD. - SITE WALLS: STONE SOUTH BUILDING ELEVATION o 5 10 15 F ca e. 1/411 —1 1.011 ALBRIGHT RESIDENCE GREAT ISLAND ROUGH SKETCH LLC Imal Keller Moore Architects 70 Phillips Street Watertown, MA. 02472 (617.923.6010) Professional Sea[ Rev # Date Reference Arch. Proi. #: 21831 Drawn BY: TK Issue Date: AUGUST 22 2018 Scale: AS NOTED A3m 1 BUILDING ELEVATIONS NORTH & SOUTH S.P.A.R.C. PREUMINARY REVIEW SET _ _-- jj Al 15n RESIDENCE GREAT ISLAND ROUGH SKETCH LLC [mai Keller Moore Architects 70 Phillips Street MATERIALS (FINISHES TO MATCH ADJACENT ALBRIGHT COMPOUND: (617.923.60 0} 02472 ROOFING: RED CEDAR SHINGLES TO WEATHER. - CLADDING: WHITE CEDAR SHINGLES TO WEATHER. - TRIM: WHITE CEDAR TO WEATHER. - FOUNDATION: STONE CLAD. CHIMNEY: BRICK i WINDOWS: ALUMINUM CLAD WOOD. SITE WALLS: STONE r� EAST BUILDING ELEVATION � 0 5 io G+C4-e: 4 =1-0 r m m co bi '2 m - �o c m Q , C Professional Sea[ Rev # Date Reference Arch, Pro!, #: 21831 Drawn By, TK Issue Date: AUGUST 22 2018 Scale:_ -- -- --- -_ AS NOTED ■ BUILDING ELEVATIONS 0 5 10 15 FT EAST &WEST S.P.A.R.C. 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