HomeMy WebLinkAbout63 Thacher Shore Agreement - RECORDEDIN
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PLANNING BOARD
TOWN OF YARMOUTH, MASSACHUSETTS
AGREEMENT
Ref. No. 1648H — Modification #1
September 7, 2017
The undersigned applicant hereby covenants and agrees with the Town of Yarmouth:
1. That said applicant will not apply for a building permit for any lots shown on the
applicant's plan, bearing Yarmouth Planning Board reference number 1648H — Mod.
#1, as finally approved by the Board, until the subdivision road is constructed according
to the provisions of the Board's current Rules & Regulations. The Planning Board made
the following waivers from the provisions of its Rules and Regulations Governing the
Subdivision of Land:
A. the requirement for the required curb radius to be tangential to the existing roadway, as
outlined in section 4.2.1 (i);
B. reduction of the minimum right -or -way width requirement outlined in section 4.2.2 from
40 feet to 20 feet;
C. the requirement to show pavement in the street plan cross sections, as outlined in
section 4.2.5;
D. the requirement for a circular tum -around, as outlined in section 4.2.6 (b), in favor of a
16 foot wide tee tum -around, as shown on the approved plan;
E. the requirement to remove unsuitable material (if any) for 5 feet on either side of the
way, as outlined in section 5.1.2;
F. the requirement for a bituminous concrete road surface, as outlined in section 5.1.5;
G. reduction of the minimum road surface width outlined in section 5.1.6 from 20 feet to 12
feet;
H. the requirement for bituminous berms, as outlined in section 5.2;
I. the requirement for structured drainage, as outlined in. Section 4.4 (Drainage) and
Section 5.4.2 (Storm Drainage System), to allow for country style drainage consisting of
grassed swales with check dams; and
J. the requirement for electric power and cable to be buried within the limits of the road
right-of-way, as outlined in Section 5.4.3 (Underground Wiring), to allow for the electric
and cable service only to be buried within an easement outside the road right-of-way.
2. That said applicant will complete the said ways so as to comply with the provisions of
the Rules & Regulations within Four (4) years of approval of the plan. The plan drawing
must reference the covenant and this agreement;
3. That the said applicant will record this instrument as a part of, but not attached to,
said plan, and;
4. That this agreement shall be binding upon the heirs, executors, administrators and
assigns or successors and assigns of the undersigned.
The Planning Board made the following conditions to their approval:
A. The road shall forever remain unpaved and shall be constructed (and maintained), as
shown on the approved plan, with 12 inches of processed gravel, meeting the
Agreement, Ref. No. 1648H — Mod. #1
Page 2 of 2
foundation specifications of section 5.1.4, with a top course consisting of a 2 inch thick
layer of % inch blue stone.
B. The road shall remain un -named and treated as a driveway. No town services for
paving, maintenance, replacement, repair, or snow plowing will be provided, nor shall
the town provide any maintenance, replacement, or repair of the drainage system or
any buried utilities.
C. The drainage system shall adhere to all the requirements outlined in the Determination
of Applicability issued by the Yarmouth Conservation Commission, dated March 7,
2017. The drainage system shall be operated and maintained in accordance with the
Stormwater Operations and Maintenance Plan for #63 Thacher Shore Road, Yarmouth
Port, prepared by Down Cape Engineering and last revised March 2, 2017.
D. A sprinkler system will be required for any residential structure. The water line shall be
sized to accommodate the residential sprinkler system.
E. Coordinate location of watermain and the meter pit with the Water Department. The
watermain shall have a minimum of 5' separation with other utilities. Show proposed
gas main on all plans and sections and coordinate location of all utilities on the
subdivision plans and provide revised plans to the Planning Department for approval
prior to start of construction.
F. Approval is conditioned upon issuance of a wastewater disposal works construction
permit from the Yarmouth Health Department.
G. The applicant will complete the said ways and utilities so as to comply with the
provisions of the Rules & Regulations of the Planning Board within four (4) years of
approval of the Definitive Plan modification.
H. The Definitive Subdivision Plan will be modified to include these conditions, the
waivers, and accurately reflect the electric easement location.
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Witness my hand and seal this day of 2017.
by:
Brian Basler
Commonwealth of Massachusetts
County of Barnstable
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On this l G day of () Z6 L- , 2017, before me, the undersigned notary
public, personally appeared Brian Basler, proved to me through satisfactory evidence of
identification, which was K Q crw ),) q -o ,nn cam' , to be the person
whose name is signed on the preceding document, and acknowledged that he signed it
voluntarily for its stated purpose.
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