HomeMy WebLinkAbout1648H Agreement RECORDEDBk 20090 Pa S3 :51536
07---27-2005 a 10--28cx
PLANNING BOARD
TOWN OF YARMOUTH, MASSACHUSETTS
AGREEMENT
Ref. No. 1648H
July 28, 2005
The undersigned applicant hereby covenants and agrees with the Town of Yarmouth:
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, 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:
1. the requirement for the required curb radius to be tangential to the existing roadway, as outlined in
section 4.2.10);
2. reduction of the minimum right -or -way width requirement outlined in section 4.2.2 from 40 feet to
20 feet;
3. the requirement to show pavement in the street plan cross sections, as outlined in section 4.2.5;
4. the requirement for a circular turn -around, as outlined in section 4.2.6 (b), in favor of a 16 foot
wide tee turn -around, as shown on the approved pian;
5, the requirement to remove unsuitable material (if any) for 5 feet on either side of the way, as
outlined in section 5.1.2;
6. the requirement for a bituminous concrete road surface, as outlined in section 5.1.5;
7. reduction of the minimum road surface width outlined in section 5.1.6 from 20 feet to 12 feet, and;
8. the requirement for bituminous berms, as outlined in section 5.2;
2. That said applicant will complete the said ways so as to comply with the provisions of
the Rules & Regulations within Eight (8) 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:
1. 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 foundation specifications of
section 5.1.4, with a top course consisting of a 2 inch thick layer of % inch blue stone;
2. 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;
3. a sprinkler system will be required for any residential structure.
Bk 20090 Pg 84 #51536
Agreement, Ref. No. 1648H Page 2 of 2
01
Witness my hand and seal this �� day of �� , 2005.
by:
David H. SwF-
---`-
Commonwealth of Massachusetts
County /13 4r Ks
On this ;26' A day of �� �� , 2005, before me, the undersigned notary
public, personally appeared Davi H. §yvift proved to me through satisfactory evidence
of identification, which was a tlf FV, -V"' 4. 'm , to be the person
whose name is signed on the precedin6 document, and acknowledged that he signed it
or its stated purpose.
N®tary Publc
Print Name: C
My commission expires:
SAR%SIABIt OWN OF DEEDS