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Home My WebLink About2816C Staff Report 053119 w attach T O W N O F Y A R M O U T H 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Telephone (508) 398-2231, Ext. 1276, Fax (508) 398-2365 MEMORANDUM To: Planning Board From: Kathy Williams, Town Planner Date: May 31, 2019 Subject: Preliminary Subdivision Plan 2816C - Tanya Daigneault 8 Old Hyannis Road, Yarmouth Port - Assessor Map 104.9.3 General Description: The applicant and owner, Tanya Daigneault, seeks approval of a Preliminary Subdivision Plan to create two lots at 8 Old Hyannis Road, Yarmouth Port, Assessor Map 104.9.3. The existing parcel is 2.82 acres and is located in the R40 zoning district (40,000 sf minimum lot size) and the Aquifer Protection District (APD). The property currently contains a house and a separate accessory structure which was developed as a family related apartment per Section 407 – Accessory Apartments. The Accessory Apartment is no longer in compliance as the designated family member does not currently live there. The property owner is seeking to subdivide the property into two parcels, one for the house and one for the apartment. The division could not happen by-right through the Approval Not Required (ANR) Plan process as it did not meet the frontage requirements of the Zoning Bylaw (Table 203.5), and they did not qualify for reduced frontage per Section 203.2.1 (50’ if a 150’x150’ square is located a maximum 500’ from the street). Rather than seeking relief from the Zoning Bylaw through the Zoning Board of Appeals, the applicant is proposing to create the two lots through a “subdivision” to meet the frontage requirements of Section 203.2.1. Sweetser Engineering has prepared the two attached Preliminary Subdivision Plans showing two options, one with an eyebrow right-of-way (Option 1) and one with a stub right-of-way (Option 2). No specific waivers from the Rules & Regulations Governing the Subdivision of Land were noted in the application, but through subsequent discussions with Robin Wilcox of Sweetser Engineering (see attached May 17, 2019 e-mail), he indicated no road construction or changes to the driveway, utilities or septic systems are proposed. This would require waivers from most if not all requirements of the Rules & Regulations Governing the Subdivision of Land. Process: Pursuant to MGL c.41, §81-S the Planning Board must, within 45 days of submission of the application for a preliminary plan, render an approval or disapproval. The plan was submitted on April 30, 2019 and the 45 days expires on June 13, 2019. No public hearing, legal posting of such or direct notice to abutters is required for a Preliminary Subdivision. The Planning Board will take up this matter at their Wednesday, June 5, 2019 Planning Division Planning Board – 2816C Preliminary Subdivision Plan May 31, 2019 Page 2 of 3 public meeting starting at 5:30 PM. As a residential subdivision, submission of a Preliminary Plan is not required, but is being provided to garner early input from the Planning Board prior to developing the Definitive Plans. Road Name: No road name was provided, although not naming the road may be appropriate. If one is chosen, it must be approved by Engineering, Fire and Police, in accordance with Town Policy. Rules and Regulations Governing Subdivision of Land: The applicant has submitted the duly required Form B application form, the appropriate fee and two options of the Preliminary Plans. Both plans are entitled “Preliminary Plan of Land in Yarmouth Port, Massachusetts as prepared for Tanya Daigneault”, dated April 29, 2019, prepared by Sweetser Engineering and stamped by Robin Wilcox, Registered Land Surveyor. For clarity, the “eyebrow” right-of-way has been identified as Option 1 and the “stub” right-of-way as Option 2. Comments from Other Boards/Committees/Department: The following table and attachments outline comments received from Town Staff/Departments. Table 1 – Summary of Town Staff Comments Town Planner:  The plan creates illusory frontage for the sole purpose of meeting Zoning Bylaw Section 203.2.1 to allow for the creation of two lots. Relief from the Zoning Bylaw requirements should be sought through the proper authority, which is the Zoning Board of Appeals, and not through the creation of a faux subdivision.  Show how the Shape Factor calculation was determined while meeting Note V of Section 203.5 – Table of Dimensional Requirements. The Shaper Factor is greater than 22 using the outside perimeter and total lot areas.  Easements need to be shown for any shared access. The current driveway is located on the corner of the adjacent property and services the house and accessory apartment at 8 Old Hyannis Road as well as 16 Old Hyannis Road.  Separate utilities will be required for the two lots. See Health Department comments regarding the existing shared septic system.  All electrical/cable/telephone utilities should be buried.  Lot 13 and the shared driveway will not be maintained in any way by the Town. The responsibility for the maintenance of Lot 13 should be identified and legally binding.  The stub option for Lot 13 is preferred as it is easier to delineate and meets the 40’ width requirement. Building: See attached e-mail dated May 22, 2019 Water & Engineering: See attached Memo dated May 28, 2019 Health See attached Memo dated May 29, 2019 Fire: See attached e-mail dated May 30, 2019 Conservation: No Comments per the attached e-mail dated May 21, 2019 Planning Board – 2816C Preliminary Subdivision Plan May 31, 2019 Page 3 of 3 Planner Suggestion: The Planning Board may approve in concept the preliminary subdivision, approve with conditions; or disapprove the application with specific reasons identified. Draft motions of both options are outlined below: DENIAL VOTE: Motion to disapprove the Preliminary Subdivision Plan for Tanya Daignealt as shown on the plan entitled Preliminary Plan of Land in Yarmouth Port, Massachusetts as prepared for Tanya Daigneault”, dated April 29, 2019, prepared by Sweetser Engineering and stamped by Robin Wilcox, Registered Land Surveyor. The Preliminary Plan as proposed is not consistent with the intent and purpose of the Subdivision Control Law and would require the waiving of most if not all of the required improvements outlined in the Town of Yarmouth Rules & Regulations Governing the Subdivision of Land. The plan creates illusory frontage for the sole purpose of meeting Zoning Bylaw Section 203.2.1 to allow for the creation of two lots. Relief from the Zoning Bylaw requirements should be sought through the proper authority, which is the Zoning Board of Appeals, and not through the creation of a faux subdivision. CONDITIONAL APPROVAL VOTE: Motion to approve, in concept, the Preliminary Subdivision Plan Option 2 with Stub right-of-way for Tanya Daignealt as shown on the plan entitled Preliminary Plan of Land in Yarmouth Port, Massachusetts as prepared for Tanya Daigneault”, dated April 29, 2019, prepared by Sweetser Engineering and stamped by Robin Wilcox, Registered Land Surveyor, conditioned upon the applicant addressing the comments outlined by Town Staff. Attachments:  May 17, 2019 e-mail from Robin Wilcox of Sweetser Engineering (supplemental information)  Written Staff Comments from the following: o Building Department e-mail dated May 22, 2019 from Jim Brandolini, Deputy Building Commissioner o Engineering and Water Division Memo Dated May 28, 2019 from Amanda Ruggiero, Town Engineer o Health Department Memo dated May 29, 2019 from Amy von Hone, Assistant Director o Fire Department e-mail dated May 30, 2019 from Lt. Scott Smith o Conservation Division e-mail dated May 21, 2019 from Kelly Grant, Conservation Administrator  Existing Septic Plan, dated July 2, 2014  Form B  2816C - Preliminary Plan Option 1 (eyebrow ROW), dated April 29, 2019, Sweetser Eng.  2816C – Preliminary Plan Option 2 (stub ROW), dated April 29, 2019, Sweetser Eng. 1 Williams, Kathleen From:Robin <rwilcox02660@aol.com> Sent:Friday, May 17, 2019 4:42 PM To:Williams, Kathleen Subject:Re: Tanya Daigneault - Old Hyannis Road There is no change in ownership being contemplated at this time. The plan is solely to bring the two houses,on one lot, into compliance. There are multiple letters from the Building Department requesting Tanya to do same or go back to ZBA. There is no road construction contemplated, no change in driveway, utilities, or septics. If or when something is sold the utilities will need to be split and either a new septic or a shared system agreement would need to be worked out. There is also only one electric meter. Tanya does want us to set some bounds for her purposes. Harry Saucier does use Tanya's driveway to access his parking area and garage, however there is no easement noted on Tanya's Certificate of Title. It therefor is a "License" only with no hope of either easement or prescriptive rights. I tried to remake pdf files and same results, so I printed plan and had Gail scan and email same to you. I guess the computer is being tempermental this week. For the Definitive will send a dwg file so there should be no problem. The parcel to the south is noted as "Town of Yarmouth" however I believe it is actually Amanda Seminara Realty Trust with the Town holding only an easement. There is litigation going on and in speaking with Lou Seminara, he tells me the attorneys are milking the project but it is scheduled for trial in September. To play it safe we should notify both for the Definitive. Robin In a message dated 5/15/2019 2:30:37 PM Eastern Standard Time, kwilliams@yarmouth.ma.us writes: Hi Robin, It is looking like June 5th for the Planning Board public meeting. Based on the information submitted, it appears that no new subdivision roadway or utilities are being proposed and that you would be requesting waivers from all the Subdivision Standards. Please confirm. The existing driveway not only services the house and apartment, but also appears to serve the house at 16 Old Hyannis Road (a portion of the driveway cuts the corner of this property). Are you planning any upgrades to this driveway and how will you be creating an access easement if it goes onto another property? Per the septic plans, the water system to the apartment comes out of the main house and they share a leaching field. Are you proposing to separate these? What about electric/cable. Please clarify the intentions for utility services to the two structures. 2 Thanks, Kathy ---------------------------------------- Kathy Williams, PE Yarmouth Town Planner 1146 Route 28 South Yarmouth, MA 02664-4492 (508) 398-2231 Ext 1276 kwilliams@yarmouth.ma.us From: Robin [mailto:rwilcox02660@aol.com] Sent: Wednesday, May 15, 2019 10:42 AM To: Williams, Kathleen <kwilliams@yarmouth.ma.us> Cc: redtailsky09@yahoo.com Subject: Re: Tanya Daigneault - Old Hyannis Road Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Kathy, Your wish is my command. And of course I hand delivered both of the preliminarys to Mary Alice in the Health Department right after we left the Town Clerks Office on April 30, 2019. In fact I delivered 2 prints of each to her. 1 Williams, Kathleen From:Brandolini, Jim Sent:Wednesday, May 22, 2019 11:33 AM To:Williams, Kathleen Cc:Grylls, Mark Subject:8 Old Hyannis Road Preliminary Subdivision Plan (Revised Memo) Kathy: Please be advised that I have reviewed the Preliminary Subdivision Plans for 8 Old Hyannis Road, shown on Assessors’ Map 104, as Parcel 9.3. These plans propose the creation of two lots; Lot 12 and Lot 14. My findings and comments are as follows: 1.Neither plan depicts the proposed rear setback from the dwelling, to the proposed lot line, located on Lot 12. The side is not in question. 2.Neither plan depicts the proposed setback from the dwelling to the proposed lot line, located on Lot 14. The rear setback is not in question. 3.The plans do not depict the distance from the proposed street line to rear line of the “Frontage Reduction Square”. Zoning Bylaw Section 203.2.1, states that: No point along any side of the requisite square shall exceed a distance from the street greater than 500 feet (R‐40 Zoning District). 4.I suggest each plan include Tables denoting the required frontage, required shape factor, and setbacks, in relation to the proposed, for each lot. The shape factors should also include the calculations on which the factors were determined. Please let me know if I can provide any further information. James D. Brandolini, Deputy Building Commissioner 1 Williams, Kathleen From:Smith, Scott Sent:Thursday, May 30, 2019 5:32 PM To:Williams, Kathleen Subject:Re: 2816C - Preliminary Subdivision Hi Kathleen, Fire Dept doesn’t really have any concerns Kevin and I discussed access as our only issue. I believe he wanted to maintain enough room to get the apparatus into the property and I think that’s 22’ wide. But really our issue would be overhead trees and limbs so it be good if they could maintain 13 feet overhead on the way into the driveway. Thank you, Lt. Scott Smith Yarmouth Fire Department Sent from my iPhone On May 28, 2019, at 4:55 PM, Williams, Kathleen <kwilliams@yarmouth.ma.us> wrote: Hi Guys, Just sending out a reminder that I am looking for comments on the attached Preliminary Subdivision application by May 30th. This project is going before the Planning Board on June 5th (not June 6th) as required by statute. You should have received hard copies in your mailboxes. I believe the Health Department also received hard copies directly from Robin Wilcox on April 30th. Please let me know if you have any questions. Thanks, Kathy ---------------------------------------- Kathy Williams, PE Yarmouth Town Planner 1146 Route 28 South Yarmouth, MA 02664-4492 (508) 398-2231 Ext 1276 kwilliams@yarmouth.ma.us From: Williams, Kathleen Sent: Wednesday, May 15, 2019 3:54 PM To: Brandolini, Jim <JBrandolini@yarmouth.ma.us>; Grylls, Mark <mgrylls@yarmouth.ma.us>; Murphy, Bruce <BMurphy@yarmouth.ma.us>; vonHone, Amy <AVonHone@yarmouth.ma.us>; Huck, Kevin <KHuck@yarmouth.ma.us>; Smith, Scott <ssmith@yarmouth.ma.us>; Grant, Kelly 1 Williams, Kathleen From:Grant, Kelly Sent:Tuesday, May 21, 2019 9:39 AM To:Williams, Kathleen; Brandolini, Jim; Grylls, Mark; Murphy, Bruce; vonHone, Amy; Huck, Kevin; Smith, Scott; Aguiar, Nicholas Subject:RE: 2816C - Preliminary Subdivision Hi Kathy I have no comments. Kelly Grant Conservation Administrator Town of Yarmouth 508-398-2231 Ext 1288 kgrant@yarmouth.ma.us From: Williams, Kathleen Sent: Wednesday, May 15, 2019 3:54 PM To: Brandolini, Jim <JBrandolini@yarmouth.ma.us>; Grylls, Mark <mgrylls@yarmouth.ma.us>; Murphy, Bruce <BMurphy@yarmouth.ma.us>; vonHone, Amy <AVonHone@yarmouth.ma.us>; Huck, Kevin <KHuck@yarmouth.ma.us>; Smith, Scott <ssmith@yarmouth.ma.us>; Grant, Kelly <KGrant@yarmouth.ma.us>; Aguiar, Nicholas <NAguiar@yarmouth.ma.us> Subject: 2816C ‐ Preliminary Subdivision Hi Guys, Please find attached a summary Memo and Plans for a Preliminary Subdivision at 8 Old Hyannis Road. Please review the attached and provide any comments you may have to me by May 30th in preparation for the Planning Board meeting on June 6th. Hard copies have been placed in your boxes at Town Hall. 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