HomeMy WebLinkAboutCCC DRI TR90046 SmithPt Subdiv.dec.10-11-90PROCEDURAL HISTORY
Review of the proposed development by other agencies occurred as follows: [1] No filing was
required under the Massachusetts Environmental Policy Act, Chapter 30, Sections 61-62H.
[2] A preliminary Subdivision Plan for the project has been reviewed and accepted
(conditionally) by the Town of Yarmouth Planning Board on January 17, 1990. [3] A
Conceptual Development Plan and a Site Plan Approval Application have been submitted to the
Town of Yarmouth Site Plan Review Board on April 27, 1990. [4] A Notice of Intent has been
submitted to the Town of Yarmouth Conservation Commission on March 31, 1990, for the
excavation and installation of piping for potable water transmission to single family home
cluster subdivision. [5] The Cape Cod Commission held a hearing on an Exemption Application
on Thursday, August 16, 1990, in Barnstable. After hearing the presentation by the applicant,
the Exemption Application was denied.
This application for a DRI permit under sections 12 and 13 of the Act was filed with the
Commission on June 15, 1990. A duly noticed public hearing on the application was conducted
by the a sub-committee of the Commission pursuant to of the Act on August 29, 1990 at 3:00
p.m. in the Town of Yarmouth hearing room, Yarmouth, Massachusetts. The sub-committee
continued the hearing to September 13, 1990 at 2:15 p.m. at the Commission office located on
Main St. in West Barnstable. The sub-committee then closed the hearing and left the record
open until the end of the meeting scheduled for September 24, 1990 at 2:15 at the Commission
office. The sub-committee made their recommendations to the full Commission on October 11,
1990 at the 3:00p.m. hearing. The Commission voted to approve the DRI application of Fayette
Scheuch for the proposed Smith Point subdivision with the conditions recommended by the sub-
committee.
Materials Submitted for the Record
Materials submitted by the Applicant include:
-An application titled "Cape Cod Commission Development fo Regional Impact Exemption
Application, July 1990", received July 27, 1990. This included plans and documents which
show the project location, describe the character and environmental effects and document
permitting efforts up to the present.
-Plans included "Preliminary Plan for Smith Point Subdivision", by IEP inc. dated December
13, 1989 with revisions dated 10/19/8911/14/89.
-Plans titled "Preliminary Plan for Smith Point Subdivision" also by IEP inc. dated 4/19190
with revisions dated 10/19/89 and 11/14/89. These plans document proposed property
boundaries, local topography, roadway and utility information and wetland resource delineations
reviewed on-site with Mr. Brad Hall, Yarmouth Conservation Commission Agent.
-Two completed ground water studies conducted by Geologic Services Corporation, Orleans, MA.
-A water resources protection study for the Town of Yarmouth prepared by IEP, Inc., August
1988.
-An application titled "Supplemental Information for Cape Cod Commission Development of
Regional Impact Exemption Application, 9 August 1990", received August 9, 1990.
- A list of abutters to the proposed development submitted on June 15, 1990.
- A memorandum dated 29, August 1990 from IEP, Inc., responding to staff comments.
-Nitrogen loading calculations from IEP, Inc.
- A water table map of the project location site.
-Draft Conservation Restriction granted to Trustees of Reservations, received 9/12190
-Smith Point Architectural guidelines, received 9/12/90
Additional Materials:
-DRI Referral letter with attached information from planning board and site plan review
committee.
-Letter from Arnold B. Chace, Jr., abutter to property.
-Letter from Brona Simon, State Archaeologist at the Massachusetts Historical Commission.
-Three (3) Cape Cod Commission Staff Reports, dated August 29, September 13, 24, 1990.
Testimony
At the August 29, 1990 hearing, the Commission heard oral testimony from the applicant,
their representatives, Commission staff and other interested parties: The following spoke in
favor of the project as proposed: Mr. George Dallas, esq., Gaston & Snow; Ms. Judith T. Wall,
IEP, Inc.; Mr. Chris Reel, IEP, Inc.; Mr. Jim Freeman, IEP, Inc; Mr. Allan Scheuch.
Mr. Dallas provided the history of the Smith Point site area and described the proposed project.
He stated that there would be no significant impacts from the construction of the new homes.
Ms. Wall and Mr. Reel, presented a plan of the site which highlighted resource areas, building
and septic leachate envelopes, and proposed roadways. Mr. Reel spoke about septic
flow/nutrient loading and pier impacts on the areas resources. Mr. Reel stated that there would
be no significant impacts on the areas resources and further stated that the development, as
proposed would not have any regional impacts.
Commission staff comments were made by Dorr Fox, Chief Regulatory Officer; Tom Camberari,
Water Resource Coorinator. The main concerns addressed were nutrient loading from proposed
homes, and the cumulative impacts of two new piers on the natural resources within Uncle
Roberts Cove.
At the September 13, 1990 hearing, the Commission heard oral testimony from the applicant,
their representatives, Commission staff and other interested parties: The following spoke in
favor of the project as proposed: Ms. Judith T. Wall, IEP, Inc.; Mr. Chris Reel, IEP, Inc.; Mr.
Allan Scheuch; Mr.and Mrs. Scheuch.
Commission staff comments were made by Dorr Fox, Chief Regulatory Officer and lisa Hanscom,
Regulatory Planner/Environmental Biologist. The main concerns addressed the cumulative
impacts of two new piers on the natural resources within Uncle Roberts Cove.
At the September 24, 1990 meeting, the Commission heard oral testimony from the applicant,
their representatives, Commission staff and other interested parties: The following spoke in
favor of the project as proposed: Mr. George Dallas, esq., Gaston & Snow; Mr. Chris Reel, IEP,
Inc.; Mr. Allan Scheuch.
Commission staff comments were made by Dorr Fox, Chief Regulatory Officer; Patty Dailey,
Senior Regulatory Planner, and lisa Hanscom, Regulatory Planner/Environmental Biologist.
The main concerns addressed the cumulative impacts of two new piers on the natural resources
within Uncle Roberts Cove and the proposed wording addressing archaeological resources on the
site.
JURISDICTION
The proposed Smith Point Subdivision qualifies as a Development of Regional Impact (DR I)
under Section 12 (c) (3) of the Act. Section 12 (c) (3) requires review of "any development
which proposes to divide land of fifty acres or more which was in common ownership as of
January first, nineteen hundred and eighty-eight." The application was referred to the
Commission by the Town. of Yarmouth Planning Board. The application and notices of public
hearing relative thereto, the Commission staff's notes and exhibits and all written submissions
received in the course of our proceedings are incorporated into the record by reference.
FINDINGS
The Commission has considered the Development of Regional Impact application of Ms. Fayette
Scheuch for the proposed Smith Point Subdivision, and based on consideration of such
application and upon the information presented at the public hearings and filed into the record,
makes the following findings pursuant to Section 12 of the Act:
1. The proposed site for development is within a peninsula which is surrounded by
Commonwealth tidelands with Nantucket Sound, Lewis Bay and Uncle Roberts Cove being the
adjacent waters. Nantucket Sound and Lewis Bay are used extensively by the public for
commercial and recreational activities (including public transportation, commercial and
recreational boating, fishing, shellfishing, swimming and other water related activities).
2. Uncle Roberts Cove is presently open to both commercial and recreational
shellfishing, and is used by recreational boaters. All of these waters are owned and used by the
public and are of regional significance. Smith Point's proximity to these regional natural and
coastal resources make its location one of regional concern. Mitigation to protect the resources
includes:
-Limiting construction within designated "building envelopes" to keep buildings away
from sensitive resources.
3. The potential septic flow combined with the location of the proposed septic systems
east of the groundwater divide, which runs along the spine of the peninsula, raises concerns
about the cumulative impacts of nitrogen loading to Uncle Roberts Cove and adjacent areas.
Therefore, mitigation to protect water resources includes the following:
-Limiting the number of bedrooms on each lot, thereby limiting nutrient loading
impacts.
4. The project includes an existing liscensed pier/wharf at the south eastern end of the
property. This structure was built to serve the existing house and cottages more than 20 years
ago. The location of the existing pier/wharf on one end of the development does not provide
adequate access to the proposed lots 1-4.
The project proposes two new pier structures (one permanent and one seasonal). The
inner harbor of Uncle Roberts Cove, as stated previously, is open to both commercial and
recreational shellfishing. As stated within the applicants request for a DRI Exemption, the area
is also a habitat for many marine invertebrates and wildlife species.
Based on the location of the existing pier/wharf and the sensitive resources within Uncle
Roberts Cove, the mitigation to protect these resources while allowing access to deep water for
the proposed lots includes the following:
-Limiting the total number of new piers/floats for this eight lot subdivision to one (1)
for the purpose of serving lots 1-4.
-Limiting the size of the one additional pier/float, and not allowing any additions to the
existing pier/wharf structure.
5. Massachusetts Historical Commission has found that the project area possesses a
strong likelihood for containing significant archaeological sites and possibly unmarked human
burials, etc. To protect these resources the proponent must conduct an intensive archaeological
survey prior to any development activities, as defined by the Cape Cod Commission Act c. 716 of
the Acts of 1989, as amended. The survey must be completed to the reasonable satisfaction of
the Cape Cod Commission in consultation with MHC. The results of the survey will be
incorporated into the planning stages of development to avoid impacting any burials and sites
that may be discovered during the archaeological survey.
CONCLUSION
Based upon the findings above, the Cape Cod Commission hereby concludes:
The Smith Point Subdivision with the following conditions will cause it to not have
significant impacts on the unique natural, coastal and scientific values in which there is a
regional, state and national interest in protecting and preserving.
The Commission hereby approves Ms. Fayette Scheuch a Development of Regional Impact permit,
pursuant to Section 12 of the Act, with the following conditions:
1 . If the Applicant fails to meet one or more of the conditions listed, this DRI permit shall
lapse and the proposed development shall be automatically deemed in violation of the approval.
2. Prior to the construction of Smith's Point Road, a conservation restriction on Lot 8 shall
be granted in perpetuity by Fayette Scheuch to the Trustees of Reservations, or similar
conservation organization, substantially in the form attached hereto as Exhibit A. A copy of the
final agreement shall be provided to the Cape Cod Commission;
3. None of the eight lots in the development may be further subdivided in order to facilitate
additional residential, commercial or industrial buildings (but this condition shall not prohibit
subdivision to accomplish relocation of lot lines or to permit additional "non-buildable" lots);
4. Lots 1 through 7 shall be used only for residential purposes and such other purposes
ancillary thereto as permitted under the Yarmouth Zoning By-Law from time to time;
5. No residential structure shall be placed on Lots 1,2,3 or 4 except in the "Approximate
Building Envelope" (approximate house and septic areas shown as shaded areas on plan)
delineated on the plan entitled "Development Plan for Smith's Point Subdivision" by I.E.P., Inc.
dated April 19, 1990, included in the DRI application;
6. No more than one residential building shall be constructed on Lots 1 and 5. Nothing
contained in this decision shall prohibit the construction of guest houses on Lots 2,3,4, 6 and 7.
7. Nevertheless, the lots shall be restricted to a maximum number of bedrooms as follows:
Lot No.
1
2
3
4
5
6
Maximum No. Bedrooms
6
8
8
8
7
7
8. Each lot owner is responsible for any and all
actions of all contractors, subcontractors or
other ~~rkers, employees etc. employed by them or
on their behalf.
9. Trailers, mobile homes, camper vehicles, camping
trailers, RV's, and other mobile livinq quarters
are not permitted_unless uninhabited, and stored
within enclosed structures. Stored boats must
also be unoccupied, and may be so stored only in
Unole Robert's Cove or at the Cove's edge or
eleewhere as the Association shall from time to
time designate. The "winter" storage of boats is
not permitted along the shoreline of Uncle
Roberts Cove unless the boat is stored in an
enelosad boat house and out of sight. One or two
small tents, for use only of the immediate family
or guests of Lot Owners and containing no kitchen
Or toilet facilities, may be erected on any Lot
for not more than thirty days per year.
10. No motor vehicles of any type shall be permitted
on beaches, dunes or trails or any areas outside
of the Zone of Improvement or Smith's Point Road
except as necessary to maintain such areas or in
the event of an emergency.
11. At no placQ on the Property is huntinq permitted
unle$s determined by the Architectural Review
Committee to be necessary to contr.ol and/or
manaq@ certain animal or bird populations or to
prevent nuisance therefrom.
12. No foundation excavation or construction of
concrete foundations shall be performed between
June 15 and the Wednesday after Labor Day.
-8-5821D
A. Prohibited Cses. EKcept as to reserved rights set forth
in paragraph B below, Grantor will neither perform nor permit the
following acts or uses on the; Prel"lises:
(1) Con.,;tructing or placing of any building, tennis court,
landing strip, mopile home, swimming pool, asphalt or
concrete pavement, sign, fence, billboard or other
advertising display, antenna, utility pole, tower,
conduit, line or other temporary or permanent structure
or facility on or above tl,e Premises, except for fences
appropriate to the conservation purposes of this
Conservation Restriction;
(2) Mining, excavating, dredging or removing from the
Premises of soil, loam, peat, gravel, sand, rock or
other mineral resource or ~atural deposit, except as
necessary for proper drainage or soil consGrvation and
then only in a manner which does not impair the purpose
of this Conservation Restriction;
(3) Placing, filling, storing or dumping on the Premises of
soil, refuse, trash, vehicle bodies or parts, rubbish,
debris, junk, "laste or other substance or material
whatsoever or the installation of underground storage
tanks;
(4) Cutting, removing or otherdise destroying trees,
grasses or other vegetation, exoept as provided in
paraqraphB below;
(5) Activities detrimental to drainage, flood control,
water cons",rvatiofl, water quality, erosion control or
soil conser,ation;
(6) The us~ of motorcycl$s, motorized trail bikes,
snow>nobiles and all other moto):'" vehicl(~s, except as
reasonaply necessary in exercising any of the reserved
rights in paragraph B, or as required by the pOlice,
firemen or other governmental agants in currying out
their lawful duties;
(7) Building, starting, or maintaining fires, except that
fire n,ay be used as reasonably necessary in exercising
the rights reserved in subparagraph B (4 j belovl;
(i» Any other use of the Premise .. or activity thereon which
is inconsistent with the purpose of this Conservation
Restriction ur which would materially impair other
significant conservation interests unless necessary for
the protection of the conservation interests that are
the subject of this Restriction; and
2'
(9) Conveyance of a part or portion of the Premises alone,
or division or subdivision of the Premises (as compared
to conveyance of the Premises in its entirety .. ,hich
shall be permitted) without the prio~ written consent
of the Grantee.
B. Reserved Rights. 1".11 acts and uses not prohibited in
paragraph .11. are. permissible. Not.t,tithstanding the provisions of
paragraph A, the following acts and uses are also pe~~itted but
only if suoh uses and activities do net materially impair the
purpose of this conservation Reetriction or other significant
conservation interestS:
(1) Walkirlg, birdwatching, bathing, sunbathing, fishing,
clamming, swimming, picknicking (but nO fires) and
boating.
(2) The construction, maintenance and marking of trails for
pedestrian use.
(3) Maintenance of a wood road located on the Premises as
reasonably necessary for the USes hereinafter
permitted.
(4) In accordance with generally accepted fores't.ry
conservation practices, selective pruning and clearing
to control or prevent hazard, disease, or fire, to
manage wildlife habitat, and to clear and maintain the
trails and wood road referenced in SUbparagraphs B(2)
and (3) above.
(5) Sand dune stabilization and replenishment, including
without limitation, altering, fencing, fertilizing and
planting thereof, installing. oL j e'tties and· groins', and
dradqinq, plaoing and fillinq in connection with such
stabilization and replenishment; provided, however,
that no jettie.s or groins shal.l be constructed, nor any
dredging, placing or filling of material be undertaken,
without first providing notice to the Grantee as
provided in Paragraph C, below.
(6) The erection, maint~nance and replacement of a
reasonable number of regulatory signs (such as "no
trli<spSl51liingll or "no hunting" signs) I each not to exceed
four (4) square feet.
(7) Prosp$cting for fresh \,,,,ter and the construction,
maintenance, repair and replacement of wellS and piping
for the removal. and transport of fresh water, provided
any above-ground structures are kept to the minimum
size necessary for such operation.
The exercise of any right reServed by the Grantor under this
paragraph B shall ba in compliance with the then-current Zoning
By-Law of the Town of Yarmouth, the Wetlands Protection Act
(General Laws Chapter 131, Section 40) and all other applicable
3
federal, state and local law. The inclusion of any reserved
right in this paragraph B requiring a permit from a public agency
does not imply that the Grantee takes any position on whether
such permit should be issued.
c. Notice and Approval. Whenever notice to or approval by
the Grantee is required under the provisions of paragraphs A or
8, Grantor shall notify Grantee in writing not less than sixty
(60) days prior to the date Grantor intends 'to undertake the
activity in quastion. The notice shall describe the nature,
soope, design, location, timetable and any other material aspect
of the proposed activity in sufficient detail to permit Grantee
to make an informed judgment as to its consistency with the
purposes of this Conservation Restriction. \~hara Grantee's
approval is required, Grantee shall grant or withhold its
approval in writing within sixty (60) days of receipt of
Grantor's written request therefor.
D. Proceed5 from Extinguishment. T'he Grantor and the
Grantee agree that the donation ot this Conservation Restriction
gives rise for purposes of this paragraph to a property right,
iwmediately vested in the Grantee, with a fair market value
determined by multiplying the current fair market value of the
Premises unencumbered by this Restriction (minus any increase in
valu .. attributable to improvements made. after the date of this
grant) by the ratio of the value of this Restriction at the time
of this grant to the value of the premises, without deduction for
the. value of this Restriction, at the time of this grant. such
pl'oportionate value of the Grantee's proPQrty right shall remain
constant. If any ohange in condition~ ~v~r gives rise to
extinguishment or other relea.se of the Conservation Restriction
under applicable law, then the Grantee, en a subsequent sale,
exchange or involuntary conversion of the Premises, shall be
entitled to a portion of the proceeds equal to such proportionate
value, subject, however, to any applicable law which expressly
provides for a different disposition of proceeds. Whenever all
or any part of the Premises or any interest therein is taken by
pUblic authcrity under power of eminent domain, or if all or any
part of this Conservation Restriction is otherwise extinguished
by act of public authority, then the Grantor and the Grantee
shall cooperate in reoovering the full value of all direot and
consequential damages resulting from such action. All related
expenses incurred by the Grantor and the Grantee shall first be
paid out of any recovered proceeds, and the remaining proceeds
shall be distributed between the Grantor and the Grantee in
shares equal to such proportionate value. The Grantee shall use
its share of the proceeds in a manrLl3r consistent with the
conservation purpose set forth herein.
E. Access. The Conservation Restriction hereby conveyed
does not grant to the Grantee, to the public generally, or to any
other person any right to enter upon th~ Premises except as
follows: Thera is hereby granted to the Grantee and its
representatives the right to enter the Premises (1) at reasonable
times and in a reasonable manner for the purpose of inspecting
the same to determine compliance herewith and (2) after 30 days
4
prior written notice, to take any and all actions with respect to
the Premises at the then fee owner's cost as maybe necessary or
appropriate, with or without order of court, to remedy, abate or
otherwise enforce any violation hereof.
F. Legal Remedies of the Orantee. The rights hereby
granted shall include the right to enforce this Conservation
Restriction by appropriate legal proc&edings and to obtain
injunctive al'ld other equitable relief against any violations,
includinq without limitation relief requiring restoration of the
Premises to its condition at the time of this grant (it being
agreed that the Grantee may hava no adequate remedy at law), and
shall be in addition to, and not in limitation ot, any other
rights and remedies available to the Grantee. Grantor covenants
and agrees to reimburse the Grantee all reasonable costs and
expenses (including without limitation reaeonable counsel fees)
incurred in enforcing this conservation Restri.ction or in taking
reasonable measures to remedy or abate any violation thereof. By
its acceptance, the Grantee does not undertake any liability or
obligation relating to th!! condition of the Premises.
Enforcement of the terms of this Restriction shall be at the
discretion of the Grantee, and any forbearance by the Grantee to
exercise its rights under this Restriction shall not be deemed or
construed to be a waiver. If any provision of this Conservation
Restriction shall to any extent be held invalid, the remainder
shall not be affected.
G. Acts Beyond Grantor's Control. Nothing contained in
this Conservation Restriction shall be construed to entitle the
Grantee to brin~ any action against th~ Grantor for any injury to
or chang~ in the Premises resulting from causes beyond the
Grantor's control, including, but not limited to, fire, flood,
stcr ... , earth movement, and acts caused by trespass on the
Premises not contributed to by acts or omissions of the Grantor,
or from any prudent action taken by the Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to
the Premises resulting from such causes.
I. Duration and Assignability. The burdens of this
Conservation Restriction shall run with the Premises and shall be
enforceable against the Grantor in perpetuity. The Grantee is
authorized to record or file any notices or instruments
appropriate to assuring the perpetual enforceability of this
Conservation Restriction; and the Grantor appoints the Grantee as
Grantor's attorney-in-fact to execute, acknowledge and deliver
any such instruments on Grantor's behalf. Without limiting the
foregoing, Grantor agrees to execute any such instrument upon
request. The benefits of this Conservation Restriction shall be
in gross and shall not be !u,I,;ignable by the Grantee, except in
the following instanoes from time to time: (i) as a condition of
any aSSignment, the Grantee requires that the purpose of this
Conservation Restriction oontinue to be carried out, and (ii) the
assigne&, at the time of assignment, qualifies under Section
170{h) of the Internal RRvenue Code of 195., as amended, and
applicable regulations thereunder, and under Section 32 of
Chapter 184 of the General LaWS as an eligible donee to receive
5
this Conservation Restriction directly. Grantor and Grantee
intend that the restrictions arising hereunder take effect upon
the date hereof, and to the extent enforceability by any person
aVer depends upon the approval of governmental officials, such
approval when given shall relate back to the date hereof
regardless of the date of actual approval or the date of filing
or recording of any insttument evidencing such approval.
J. Subsequent Transfers. Grantor agrees to incorporate the
terms of this Conservation Restriction in any deed or other legal
instrument by vlhich Grantor conveys a!"ly interest in all or a
portion of the Premises, including, without limitation, a
leasehold interest. Grantor further agrees to give written
notice to the Grantee of the transfer of any interest at least
twenty (20) days prior to the date or such transfer. Failure of
the Grantor to do so shall not impair the validity of this
Conservation Restriction or limit its enforceability in any way.
K. Termination of Rights and Obligation~. Notwithstanding
anything to 'Chs contrary contained herein, the rights and
obligations, under this Conservation Restriction, of any party
holding any interest in the Premises terminate upon transfer of
that party's interest, except that liabili'CY for acts or
omissions occurring prior to transfer, and liability for the
transfer itself if the transfer is violative of this Conservation
Restriction, shall survive the transfer.
L. Estoppel Cert1iicate;;. Upon request by the Grantor, the
Grantee Shall within twenty (20) days execute and deliver to the
Gra~tor any document, including an estoppel certificate, Which
certifies the Grantor's compliance with any obligation of the
Grantor contained in this Conservation Restriction, and Which
otherwise evidences the status of this Conservation Restriction
as may be re~Jested by the Grantor.
No documentary stamps are required as this Conservation
Restricticn is a gift.
6
Executed under seal this ________ _ day of ________ , 19 __
COMMONHEALTH OF MASSACHUSETTS
55. , 19 __
Then personally appeared the above-named Fayette S. Scheuch and
acknowledged the foregoing instrument to be her free act and
deed, before me.
Notary Public
My commission expires:
ACCEPTANCE OF GRANT
The above Conservation Restriction is accepted this
day of , 19
THE TRUSTEES OF RESERVATIONS
By
Its ________________________ __
COMMONWEALTH OF }~SSACHUSETTS
______________ , ss. , 19 __
Then perscnally appeared the above-named
and acknowledged the foregoing instrumen~t~t-o-cb-e~t~h-e~~f~r~e~e--a-c-.t~a-n~d
deed of The Trustees of Reservations, before me.
Notary public
My commission expires:
7
, .-::> ' Exwrf!;rT" c>
SMITH'S POINT ARCHIT!CTURAL GUIDELINES
INTRODUCTION
THE ARCHITECTURAL REVIEW COMMITTEE
The homeo~~ers are bound by coven~nts that, so far as possible,
preserve and protect the natural beauty and serenity of Great
Island. TO that end, no building, fence or other structure
shall be erected or altered until the proposed site plan,
building plans and materials shall have been approved in
writing by the Architectural Review Committee (A.R.C.)
consisting of two members of the Scheuoh family, ona outSide
professional with a background in architecture and landscape
design and one appointee of the Great Island Homeowners
Association (GlKA). The two Scheuch family members and the
outside professional shall be voting members, the GlKA
appointee shall have no vote.
THE GUIP!L!NES
The A.R.C. has created Guidelines to assist all homeowners in
the planning and construction of their new homes. Creativity
is encou~agad, but there are basic standards set to promote a
hanr,onious cotr.muni tv aesthetic at Smith I S. point. The
Guidaline$ are intended to protect all property owners and to
provide a simple uniform review process for approval by the
A.R.C.
THE DESIGN I~PROYAL PROCESS
The Guidelines outlined here, we believs, are each essential to
sustain th~ beauty and the oharacter of Smith's Point.
STEP 1.
A.
b.
STEP 2.
REVIEW THE R~~EVANT DOCUMENTS
The Oesign Approval ~rocess (this one)
The Architectural Guidelines
RETAIN PROFESSIONAL DESIGN CONSULTANTS Selection of an
architect is required of all homeowners. Retaining a
landscape architect is advisable if you or your
architect are not adept at landscape or garden
design. Have your consultants read and acquaint
themselves with the relevAnt documents. HAVe your
architect become familiar with GreAt Island through At
least one extended site visit.
STEP 3. OBTAIN A SURVEY Obtain a survey of your lot At a scale
of 1" = 20'1 Hllve All bounds set in the field.
STEP 4. THE PRELIMINARY REVIEW
Arrange A dllte for the ~reliminary review by writing to
LandVest, Inc., Chairman Consulting Services Department,
Ten Post Office Square, Boston, MA 02109. Submit two
copies of the developed design to the Architectural Review
CC7I'.rnittee. These plans will reflect the "schamatic" stage
of development in an architect's design process. This step
in the review process allows the timely incorporation of
the A.R.C. recommendAtions, avoiding revisions to the final
Construction Documents.
The desiqn must be presented with the followinq documents I
a.
b.
c.
d.
e.
f.
q.
h.
i,
j •
k.
Site plan at 1/4" • 1'-0" Or 1"-20'
-show exact location of house footprints in relation
to property setback lines and boundaries.
Existing and proposed contours at two foot intervals.
Buildinq indicated as foundation plan with entry Area
delineated and roof and deck lines shown as dashed
lines.
First Floor elevation indicated
Drives and walks.
Adjaoent structures located.
Floor Plana at 1/4" .. 1'-0"
-all windows and doors with swings shown.
Elevations. One; for each major exposure at 1/4" '"
l' -0" •
-principal materials rendered.
-indicating overall height from rOlld qrade to ridge of
roof.
-indioating roof pitch in function of 12 (i.e. 6112)
Samples
-a sample of the proposed outside wall finish
-roof sample
-exterior paint sample
-photoqraphs of the window and door types
At the time of Preliminary Review, the COrnera of the
house must be staked on the lot in the proposed
location. All trees to be removed should be flaqged
with red surveyors tape.
Dates if available of proposed start and finish of
construotion.
STEP 5. THE FINAL RE"vIEW
This review is ooncerned with checking the construction
doc~~ents for A.R.C, Guideline requirements, and
-2-5821D
verification that the recommendations made at. the
Preliminary Review have been incorporated.
a. Site Plan at 1" • 20'
-show septic tank field and well for water lervice
h. Plantinq PlAn; include location of walks and drivel
c. Floor Plan at 1/4" • l'
d. Elevations, inc1udinq roof plans, slope and overhangs,
if any, at 1/4" • 1', show proposed materials
e. Typical fence, railing and deck detail
£. Dates of start and finish of construction.
q. Utility meter locations
h. Physical limits of construction activity.
The ~'chitectural ~aview Committee will stamp the drawing upon
final approval.
SM!TH'S POINT -ARCHITECTUPAL GUIDELINES
The Great Island Guidelines are based on a hiltorical
parspective: generally that of the vernacular at Cape Cod,
Nantucket and Martha's Vineyard and more speoifically the 20th
Century interpretation at Great Island itself. Within this
architectural vocabulary there was a range of style and
detailing present from the agriculture buildings to more
elaqant houses. It is important for the architect to know the
buildinqs of Great Island. The aesthetic success of the whole
requires that the theme also be carried through with the
landScaping and other site details. "
These Guidelines are designed to assure the followingl
-Ear,many in the forms and materials of the buildinqs on Great
Island.
-Architecture which i$ sympathetic to the traditions of Cape
Cod.
-Style, qeneral Cap@ Cod vernacular architecture to include the
multiple connecting Cape with steep pitched roof style, saltbox
style and historic farmhouse design.
-Building materials and techniques which will age gracefully
over the years.
-~xchitectural elements whioh are responsive to the New England
climate.
-Preservation of the natural appearanoe and ecology of the
Island.
A. GENER..JV.
1. All construction shall be subjeot to the
provisions of state and local codas.
2. Maximum building height shall be two-and-one-half
stories, as defined by the town of Yarmouth
Zoning By-Law, with the exception of Lot 1, on
-3-58210
which the height limitation will be 25' from the
plain of the first floor level but in no event
shall more than 50' of the ridge pole. on any
structure be above 28 feet.
3. Building location shall be determined by taking
into consideration minimizing site lines to
existing homes on Smith's Point and along the
shore of Uncle Robert's Cove and maximizing view
corridors to open land and waters if desired.
All buildings must be located within Zone of
Improvement Designations.
4. Variances may be granted, only if required by the
unique character of the Lot whereby a failure to
grant the variance would result in a hardship to
the tot Owner and only if such variance is
consistent with the general intent and purposes
of the Architectural GUidelines, and will not
have a material adverse effect on lots in the
area. If a variance is granted by the Committee
with respect to alterations or additions made
after completion of the initial conltruction of
the house on the lot, and such variance is
disputad by any member of the Committee,
including the nonvoting me~ber, as being
inconsistent with the standards for variances, at
the request of the disputing member made at the
meeting at which the variance is granteq, the
dispute shall be referred to an independent
architect chosen by the Committee, for
resolution, and the decision of such inqependent
architect shall be binding. If there is such a
request, the Committee shall make the referral
within ten days after said meeting and the
architect Shall make its decision within 30 days
after said referral.
B. EXTERIOR WALLS
The desire is to heva colors that blend into the
surrounding landscape ~nd veqetation.
1. The following materials are permitted as wall
finishes for buildingsl
a. White cedar shingles. Color must be natural
or stains, such as, gray or brown
b. Horizontal wood clapboard with riqht to
clapboard all four sid$s. If all clapboarq,
the color would be white or earthtone (all
shadas of gray, brown or gray brown
mixture). The desire is to have subtle
-4-5821D
variations of the above colors that blend
into the surrounding landscape and
vegetation.
c. Brick -to be used at footings and chimneys
only.
2. The following materials are permitted as finiahes
for fencesl
a. picket
b. lattice
c. split rail
d. palisade
C. ROOFS
1. The following materials are permitted for roofing:
2.
a. white or red cedar shingle.
-to match walls
b. galvanized steel
The
a.
b.
-1" standing seam pattern only
~at garage, barn or workshop only
-natural or green color only
following materials are permitteg for guttersl
wood
-cyma recta profile only
-painted white
galvanhecl steel
-half round profile only
3. The following configurations are permitted for
roo£sl
a. simple gable
-s}~etrical, pitch min 9:12 max 12:12
-asymmetrical, pitch min 6112 max 12112
b. Simple hip
-symmetrical, pitch 9112 max 12112
c. simple shed
-asymmetrical, pitch min 4112 max 12:12
-if used against a principal building wall
only
d. flat with railings or parapets
-if accessible from an interior room only
-railinge pattern to be approved by the ~~C
-railings to be painted white
e. "Sow House"
D. RQO~S Ii WINDOWS
1. The followinq materia.ls are permi.ttedl
a. glass
-5-58210
b. hardwood
-painted, color to be approved by the ARC
c. vinyl-clad wood.
2. The following are permitted operations:
a. single and double hung
b. casement
c. fixed with fTame
d. louvered
3. The following are permitted eonfiqurationsl
a. reotangular or verticle proportion
b. circular & semi-circular
c. hexagonal & octagonal.
4. The following a;e permitted accaalori&11
a. operable wood ahuttera
-painted, color to be approved by the ARC
b. window boxes
-painted, color to be approved by the ARC
c. real wood mullions
-square or vertical proportion
E. TjUM 14"10 SHUTTERS I All colors allowed; except vivid
colors, such as, orange, pink, purple
F. QUTBUILDINGS
• .1. • The
a.
b.
c.
d.
e.
following outbuilding uses are permitted:
barbecues
-brick to match ohimneys
garden pavillions and greenhouses -to match
principal building
gazebos, trellis struotures and arbors
-WOOd, painted white
garages, workshops and barns
-to match principal building
guest houses and artists studios -to match
principal building
-not to exceed 1,000 sq. ft. footprint nor
1200 sq ft enclosed
f. handball and squash courts and saunas -to
match principal building
q. in-qround swimming pools and outdoor tubs
h. pool houses and equipment enclosures
Notel All garbage, trash and rubbish placed
outdoor shall be kept in covered containers,
proteoted from animals and soreened from
view outside the Lot, provided that this
restr~ction does not preclude the compostinq
of organic matter.
-6-5821D
.-.. -"., -,--~ -·--... -v-,--'-"-.... ", ... '0'1' .. ",,.:--"' ..... , , ... -,-'~-'-'"
2. The tollowinq structures are not permitted I
a. open carports
b. above ground pool.
c. paddle tennis court
G. MISCELLANEOUS
1. Exterior lighting: No exterior flood lights
shining on the water or noticeably visible from
other homes. Safety lighting around docks must
be focused down.
2. The following shall be located where best hidden
from adjoining lots and the road:
a. clothes drying yards
b. electrical meters
c. air conditioning compressors
d. standby generators
e. antennas
f. satellite dishes which must be surround by a
fence to completely hide it from the road or
adjoining lots.
3. Tree! in excess of 4 inches in D.B.H. shall not
be removed without the approval of the A.R.C.
unless they are dead, diseased or dangerous.
,. Aceess stairways (designed to minimiZe erOSion)
will be permitted on Lots 1, 2, 3, and 4 to
Nantucket Sound but only two sets of stairs for
access to Uncle Roberts Cove in the vicinity of
the new docks, if any, otherwiSe near the Lot 1
and Lot 2 boundary and the Lots 3 and 4 boundary.
S. The above guidelines may be amended from time to
time in order to comply with applicable Building
and Zoning Codes.
6. Notwithstafidinq the above guidelines, all
buLldinqa and structures shall be built in
compliance with the applicable Building and
Zoning Codss. Any requirement in these
guidelines which is inconsistent with the
Building and Zoning Codes, from time to time in
affeet, shall be construed in a manner consistent
with such Codes to .the extent possible and the
Codes shall govern.
7. Landscaping -Buffers between lots are encouraqed
through the Use of natural vegetation.
-7-58210
Barnstable, ss.
CAPE COD COMMISSION
BY:----:-I'M----,-:-. ~r > ...J..;--( cJ-J---:-:-::::-~/1.,.->----_
Armando J. Carbonell, Executive Director
Commonwealth of Massachusetts
~ 1-. '1 ~t--, 1993
Then personally appeared the above-named Armando J. Carbonell, Executive
Director, and made oath that he executed the above Certificate of Completion and Release
as his free act and deed and as the free act and deed of the Cape Cod Commission, before
me ~\ir~s
Notary Public
My Commission Expires:. ___ _
2
August 30, 1993
Sharon Rooney
Cape Cod Commission
3225 Main Street
Bamstable, MA 02630
RE: Smiths Point Cluster Subdivision, Yarmouth MA (MHC # 6055)
Dear Ms. Rooney:
The Massachusetts Historical Commission has reviewed the results of an intensive
archaeological survey and data recovery program (950 CMR 70) per the Archaeology
Agreement executed August 9, 1991 carried out by the Public Archaeology Laboratory, Inc. and
Dr. Stephen Mrozowski of the University of Massachusetts, Boston for the Smiths Point Cluster
Subdivision in Yarmouth, Massachusetts.
The archaeological survey identified an Indian habitation site (MHC Site # 19-BN-647) which
the MHC determined was eligible for inclusion in the State and National Registers of Historic
Places. After review of the project plans, prepared by Schofield Brothers, Inc. dated March 27,
1991, and consultations with Fayette S. Scheuch, the project proponent, the MHC determined
that the implementation of a data recovery program as outlined in the Archaeology Agreement
would sufficiently preserve the archaeological research value of Site 19-BN-647 and allow the
Smiths Point Cluster Subdivision to proceed without having an adverse effect on Site 19-BN-
647.
MHC is satisfied that the field portion of the intensive archaeological survey and data recovery
program has been completed by the Public Archaeology Laboratory, Inc. and Dr. Stephen
Mrozowski of the University of Massachusetts, Boston in accordance with the Secretary of the
Interior's Standards and Guidelines for Archaeology and Historic Preservation (48 FR 44716-
44740) and the State Archaeologist's Standards (950 CMR 70) thus fulfilling Condition 12 of the
Cape Cod Commission's approval dated October 25, 1990. The MHC is also satisfied that
Fayette S. Scheuch has carried out Stipulations 1-7 (inclusive) as agreed per the Archaeology
Agreement. The project may proceed as planned without further MHC review. A form of
"Certificate of Completion and Release" to be filed in the Barnstable Registry District is
enclosed.
Massachusetts Historical Commission
80 Boylston Street, Boston, Massachusetts 02116 (617) 727·8470
Office of the Secretary of State, MichaelJ. Connolly, Secretary
In the event that unmarked human burials are inadvertently discovered during any construction
in the project area, excavation activities in the vicinity of the burial shall cease immediately and
the State Archaeologist shall be notified pursuant to Massachusetts General Laws Ch. 38, Sec.
6B &6C; Ch. 9 Sec. 26A & 27C; Ch. 7, Sec. 38A; and Ch. 114, Sec. 17 as amended by Ch.
659 of the Acts of 1983.
Please feel free to contact Connie Crosby of my staff if you have any questions.
Sincerely,
\,~ G.n-:J)a-ouf
JQh B. McDonough
Executive Director
Massachusetts Historical Commission
State Historic Preservation Officer
JBM/CC
enclosure
xc: George Dallas
Stephen Mrozowski
Fayette Scheuch