HomeMy WebLinkAboutDecision 2268 Filed 03.28.86 TOWN OF YARMOUTH
^ BOARD OF APPEALS
--Filed with Town Clerk : Hcarina Date : Januar
86 MAR 28 P3 :25 Petition No. : 2268 y 23 , 1986
Petitioner : The Green Company , Inc.
TOWN i �c ;•; ii�t r� �ri ; 46 Glen Avenue hJ
Newton, MA 02159 '
DECISION
The Green Company, Inc. , submitted its petition to the
Yarmouth Board of Appeals seeking modification and supplementation,
in certain respects and subject to certain conditions , of the
special permit and related variances which were granted by the
Yarmouth Board of Appeals in its decisions of October 16, 1975 ,
upon Petition No. 1321 , filed by Oak Harbour Associates, the
original petitioner, and which were extended by the Board of
Appeals in its decision of April 13 , 1984 , upon Petition No.
2048 , filed by Light House Associates, a successor to the origi-
nal petitioner . For convenience the prior decisions are herein-
after collectively referred tc as the Prior Decision.
The premises to which the Prior Decision and this decision
relate comprise land shown on Yarmouth Assessors ' Maps , Sheet 120 ,
lots R1 , R2, R13, 8 , E3 , E4 , E5 , 9 , F.10 , E6 , All , Al2 , A13 , A14 ,
A31 , A32 , A33 , 34 , 35, E7 , EBA, E9A, E10 , Ell , E12 , I ,
22, 23, 24, 25, 26; Sheet 127 , lots Z31 , Z30, ri16 , i•:17 ,
Z15; Sheet 128 , lots P29 , R28 , ti27 , S26 , T25, T24 , T23 , G22, G21 ,
A20 , A19, Alb ; and consist of lands designated in the Barnstable
Registry District of the Land Court as L.C. Plan 35454A, Lots 2,
• 22, 23, 24 , 25, 26; L. C . Plan 34279C , Lots 9-37 , incl . , and
Oak Harbour Circle ; L. C. Plan 35454A, Lot 68 and Oak Harbour Circle ;
L.C. Plan 38776A, Lots 1-13 , incl . , and Oak Harbour Circle ; L. C.
Plan 34279E, Lots 41 , 42 ; Certificates cf Title No. 77531 and No. 92243 .
The petition of The Green Company , Inc . was duly filed on
v.
ea.e.mbez.-11v 1985 . Notice was given as required by law , including
publication in The Register , a weekly publication having circulation
.86 itIA mout:fi5 on January 9 and 16 , 1986 . Pursuant to the notice
. . a .public hearing was held by the Board of Appeals at the Yarmouth
TOWN CL..r;r,
Town Hall on the evening of Thursday, January 23, 1986 . The Board
comprised Chairman Donald Henderson and members , Richard Nietz , Myer
Singer , Judith Sullivan and Les Campbell . The Petitioner appeared
through Mr . Alan J. Green and other representatives of his company,
and counsel Edward J . Sweeney, Jr . in the course of the hearing several
questions were posed to petitioner ' s representatives by members
of the Board of Appeals . Several Yarmouth residents , including persons
representing the existing condominium development at Oak Harbour,
were heard and response was made by representatives of the petitioner
and by members of this Board .
The Board ' s analysis , findings and conclusions are as follows :
The Prior Decision granting a special permit for open space
village development and related variances made all necessary find-
ings with respect to the proposed project to comprise 750 dwelling
units , a community center complex , a gate house , recreational
facilities and open space, and associated maintenance , utility
and service facilities . The Decision made allocations of particular
lots to purposes of dwelling units , open space , sewage treatment
facilities , and various other service facilities , and to the com-
munity center complex of interconnected buildings . It provided ,
however , that : "particular locations of buildings shown on the
plan are not intended to fix absolutely the eventual siting or
arrangement or lay-out of buildings or structures ; " . . . and con-
. sequently that the Board imposes "the condition that all buildings
:7
as eventually sited on the various lots must comply with the
provisions of paragraph 4-C ( of Section 18 : 07 of the applicable
.6 NAR028n?3' iawJ . . . " ; and also 1,1ovided that thr' Board makes :
"nq . findings or decision as to the particular lots or the order
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in which particular lots may be selected and dedicated by the
Petitioner as the required open space under paragraph 4-F of
the By Law, " and that "This requirement is one of many on-going
provisions that will be applicable to the project as it progresses
and with which the Developer will have to comply. . . "
The Board has previously acknowledged the construction of
the first condominium phase of 19 units and construction of a
portion of Oak Harbour Circle as a substantial start on the project ,
but the Board recognizes that delays in further construction have
occurred . The present petitioner intends to acquire the property
and to proceed with the project . For that purpose , and in light of
prevailing circumstances , market demand for housing, including
retirement housing, architectural design considerations , land use,
golf course planning and conservation considerations , and financing
requirements , the petitioner has had prepared , and has submitted
to this Board, revised plans showing all additional phases of
development , various housing types including those suitable for an
aging population, a community center cluster, open space
to meet esthetic and conservation requirements , 'a golf course con-
forming to the requirements of sound land use planning, and
other related amenities and service facilities , including sewage dis-
posal treatment in accordance with currently available technology.
p�ro,ggnegartin complying with the requirements set ic'ith in the Frio'
Decision; (viii ) enclosed connecting walkways between buildings
'86 MAR 2�8 P? :25
con aining dwelling units intended for retirement housing and
'the community center complex, and (ix ) a "pre shop" for the golf
course not attached to the community center .
A listing of the plans and the tabulations submitted by the
. petitioner is attached hereto as Exhibit A, and these are
incorporated into this decision as a part hereof and are collectively
hereinafter referred to as Green ' s Plans .
The Board of Appeals finds that the project as now proposed
by the petitioner satisfies and complies with all of the requirements
of Massachusetts General Laws, Chapter 40A, Sections 9 and 10 , of
applicable provisions of zoning by-laws of the Town of Yarmouth,
and of the Prior Decision, warranting the relief herein granted .
This is essentially a further step in the developmental planning ,
refinement and specification of the project pursuant to an in
accordance with the provisions of the Prior Decision, which remains
in full force and effect.
The Board acts herein pursuant to the authority of the Prior
Decision itself and the express grant of authority in M.G . L.
Chapter 40A, Section 14 , to " . . .make orders or decisions , reverse
or affirm in whole or in part , or modify any order or decision. . . "
The Prior Decision makes specific reference to Section 18 . 07
of the zoning by-law which was in effect when the original decision
was made, and which remains applicable for purposes of implementation
of the Prior Decision. The Yarmouth zoning by-law has subsequent-
ly been recodified and amended , and the Prior Decision established ,
pursuant to provisions of M.G .L. , Chapter 40A, Section 6 , a protec-
tion of the project as pre-existing in any respects in which it may
be deemed to be non-conforming with the current Yarmouth zoning
R�. •by-law, In the current by-law it is provided in Section 104 . 3 . 2 that :
. .pre-existing non-conforming structures and uses may be ex-
.86 �
M Zic4, :e4tered or changed in use on special permit from the
. , Board of Appeals if the Board of Appeals finds that such extension,
TOWN :_rr,
alteration or change will not be substantially more detrimental to
the neighborhood than the existing non-conforming use . " The Board
hereby makes that finding and grants such special permit insofar
as appropriate to effectuate the grants of relief hereinafter
specified.
Furthermore, to the extent that the project as now defined by
the Green Plans requires in any specific respect a variance from
the literal application of the by-law, the Board finds that the
requirements therefor are met , and grants such variance as is implicit
in the relief herein granted . The analysis cf the special conditions
applicable to this site which was made in the Prior Decision re-
mains wholly pertinent . To deny the opportunity to make the pro-
posed beneficial improvements in the project would certainly effect a
substantial hardship on the petitioner , and wc'uld also constitute
a detriment to the public good . No derogaticn from the intent or
purpose of the by-law is involved in the Board ' s granting this relief .
In light of the foregoing the Board of Appeals hereby grants
the relief sought by the petitioner , subject to the conditions
and limitation hereinafter set forth . In particular the Board
hereby grants the following :
1 . Approval of :
A. The development concepts and forms of Green ' s Site Plan
and modification of the special permit for construction of the
project in accordance with Green ' s Plans , subject to further
approval of final plans by the Board of Appeals of each phase
Rr - ofsievelopment as proposed by thc petitioner .
!
B. The revised lot plan and the reallocation of use
'86 MAR 28 des'zgnations of lots shown thereon in accordance with Green ' s
Plans and data and submitted bythe
TOWN i.LLm-, proposals petitioner .
C. The proposed open space as shown on Green ' s Plans and a
golf course layout as shown thereon .
D. Petitioner ' s proposed specifications of the maximum
numbers of dwelling units on each lot specified for dwelling
unit purposes, subject to the overall limitation of 750 dwelling
units in the project in the aggregate , including the 19 units
already constructed, and subject to the further limitations that (i )
the aggregate number of bedrooms in the entire project shall not
exceed 1500 less a number equal to the number of one-bedroom units
which are included in the retirement housing constructed on the
12 . 66 acre parcel shown as Lot 62 on Green 's Plans , and (ii ) at
least twenty-five percent ( 25% ) of the dwelling units constructed
on said Lot 62 •shall be one-bedroom units . For this purpose a
bedroom shall be deemed to be a room designed , intended and
customarily used for sleeping .
E. The connection by enclosed walkways of buildings con-
taining retirement housing to each other , and to the community
center complex.
F. The type of community center complex proposed by petitioner ,
including modification of building configurations and ground
coverage, modification of the allocations cf space among the
various functions , and separation of the golf course "pro shop"
and golf cart storage to a separate location.
2 . Insofar as the location and configuration of the community
center complex, the sewage treatment and disposal facilities
and other utility, recreational , service and accessory faci-
r r-,-�
F'^ lities are governed by provisions of variances included in
16 malt * .155 Decision , modification and reissuance of such variances
is hereby granted so as to approve and permit the locations and
TOWN LLLt<v c. t,: Houl:(
configurations of all such facilities as shown on Green ' s Plans .
These same plans may hereafter be supplemented with Board of
Appeals approval .
3 . Insofar as necessary or appropriate to effectuate the pro-
visions of the preceding paragraphs 1 and 2 , in light of the
Prior Decision and the recodification and amendment of the
zoning by-law between the time of the Prior Decision and this
decision , such other special permits and variances are thereby
granted.
In addition to the specific conditions and limitations set
forth above, the Board of Appeals hereby expressly provides
that, except as and to the extent herein specifically and
expressly modified, the Prior Decision is confirmed and shall
remain in full force and effect. Pursuant to the Board ' s decision
of April 13 , 1984 upon Petition No. 2048 , the period of effective-
ness of the Prior Decision has been extended to October 16 , 1990 ,
and it is hereby provided that this decision shall also remain
effective and exercisable to that date. Nothing herein shall be
deemed to preclude an application for further extension of time ,
and it is expressly provided that the detailed specifications
of phases of the project as development progresses shall be subject
to the further review of this Board in accordance with the Prior
Decision as hereby modified and supplemented .
The Board of Appeals acts unanimously in entering this decision .
This decision and the relief herein arante.: shall run
with the land, and be binding upon and enure to the benefit of
and be exercisable by the petitioner and its successors and
assigns . Without limiting the foregoing , the Board acknowledges
that it has been advised of the petitioner ' s intention to acquire
title to the premises in the name of its subsidiary, Green Oak
Harbor , Inc . , and this decision is rendered to that corporation
as well as the petitioner .
Members of the Board Voting: Donald Henderson, Leslie Campbell ,
Judith Sullivan, Myer R. Singer, Richard Neit: .
No permit issued until 20 days from date of filing decision with
the Town Clerk.
Myer R . Singer
Clern
at
ry
w
117
w, • These plans submitted by the petitioner show and provide
Pt. ar i'cti!Iai foi the following :
(1 ) An open space village development comprising not
'86 MAR28 P3 :L5
more than 750 dwelling units (including the 19 dwelling units
T0W'Nw4411 have already been constructed ) and a community center
complex, a gate house, and related utility, sewage disposal,
recreational , accessory and other facilities and features ,
all as contemplated by and provided for in the Prior Decision
and in compliance with the provisions of Section 18 : 07 of the
applicable zoning by-law ; and
( 2 ) A revised site plan which shows developmental concepts
and forms of (i ) a proposed golf course layout and other open
space and recreational facilities , including open space having
an area in excess of the amount provided in the Prior Decision and
the requirements of the applicable zoning by-law; (ii ) proposed
clustering and area locations of dwelling units ; (iii ) maximum
numbers of dwelling units on each parcel designated for dwelling unit
purposes, subject to the further limitation of 750 dwelling units
(less the 19 units already built ) which may be in the
aggregate on all such lots , in several developmental phases ; (iv )
a revised lot layout which involves combinations of lots and
modifications of certain lot lines , but no modification of Oak
Harbour Circle ; (v ) reallocations of certain lots or portions
of lots between housing , open space and service facilities uses;
(vi ) buildings containing not more than 24 dwelling units as
required by the Prior Decision, including one and two bedroom
units ; (vii ) conceptual details of the proposed community center
and the facilities thereof with reallocated floor areas for
various uses and modified building configuration, but in the
Exhibit "A"
1 . Tabulation of Lot areas and lees
2 . Community Buildings
3 . Conceptual Site Plan*
4 . Proposed Subdivision Plan*
5. Open Space Comparison Plan*
6. Conceptual Utilities Plan*
*Plans by Sasaki Associates, Inc .
dated November/December 1985
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bk 86 QAK HARBOUR GREEN PLANS - COMMUNITY BUILDING
n h lb P3 :25
:In order to accommodate the needs of Retirement Housing
resi@ ts_rfcpx Epase of access to community facilities comprising
community center ComOlex, golf clubhouse and pro shop, and garden
club, but not maintenance, garage-storage and sewer treatment
structures, it is proposed to modify the configuration of community
buildings and to reallocate the use of space therein as set forth
below. The proposed buildings are not to exceed two stories and
the aggregate floor area does not exceed that which is allowed by
the Extant Decision.
Use Categories Max. Floor Area *
Clubhouse and Pro Shop 5, 000 sq. ft.
Dining Room(s) , including lounge,
kitchen, bar, guest toilets, coat
room, support services, etc. 20, 000 sq. ft.
Resident services, including
garden club, community hall,
craft rooms, support services,
recreation and game rooms, health
and medical facilities, offices
(including administrative, man-
agement, sales, developer sales,
general service facilities in-
cluding post office , convenience store,
bank, barber, beauty shop, travel
agency, stock broker, computer and
copy center) , coat room, museum-
art gallery, etc. 20, 000 sq. ft.
* Notes : Maximum gross floor area of 40 , 500 sq.ft. is limited to
34 , 600 sq. ft. for all specified uses excluding basement
space, (which may be used for support services and
storage) , decks, patios and porches.
c,
Green Plans - Tabulation of Lot
Oak Harbour .86 Areas and Uses
MAR 28 �, 25
Area in Maximum
_ _ Lot No . Acres TOY User , `. , No . of Units'
50 2 . 20 Service,Sewer Treatment Plant none
.i 51 4 . 12 Housing 40
52 2 . 56 Housing 19 (existing )
70 -_ 53 8 . 34 Recreation, Parking none
54 2 . 40 Open Space, Golf Course none
55 10 . 12 Open Space, Golf Course none
56 27 . 73 Open Space, Golf Course none
57 54 . 20 Housing 481
58 6 . 24 Open Space, Golf Course none
1 59 4 . 80 Open Space , Golf Course none
60 3 . 11 Open Space, Golf Course none
61 26 . 36 Open Space, Golf Course none
62 12 . 66 Housing, Community Center 235
- - 63 7 . 80 Open Space , Golf Course none
64 13 . 04 Housing , Community Center 200
k-3'-_Y
185 . 68
Road 8 . 32
Total 194 . 00''
-;
* Subject to overall limitation of 750 Units .
'' Aggregate open space (Lots 50 , 53 , 54 , 55 , 56 , 58 , 59 , 60 ,
61 , 63 ) equals 99 . 1 acres , or 51% of the tract .
TOWN OF YARMOUTH
BOARD OF APPEALS
OWNER: NAME: LIGHT HOUSE ASSOCIATES APPEALS Si ��e
c/o Maris, Inc. ORIGINAL APPEALS #1321
8 ;,-DRESS: 4220 West Belmont Ave. HEARING DATE: /4 3 - v
;IIQN Iv.. Chicago, IL 60641
PETITIONER: NAME: THE GREEN COMPANY, INC.
ADDRESS: 46 Glen Ave.
Newton, MA 02159
BOARD OF APPEALS, YARMOUTH, MASS.
This petition when completed and signed must be filed with the Board of Select-
men, Yarmouth, Massachusetts, along with the fee of $ 75.00
DATE: December 4, 1985
PAID: $75.00
1. I, We, hereby appeal from decision of the Building Inspector and petition
your board for a public hearing on the action checked below:
Xl. Review refusal of Building Inspector to grant permit. F. ,Git
2. Decision of Selectmen.
2. I, We, hereby request the action checked below:
Xl . Variance from requirements of Yarmouth Zoning By-Law.
X2. Approval of the Board of Appeals.
X3. A special permit from the Board of Appeals.
To allow: Approval of revised plans, building and open space
lot allocations, retirement housing types and community center,
with such amendment of the extant Special Permit and Variances
as are appropriate, all as set forth in petition attached as
Exhibit A, and such waivers and further relief as the Board of
Appeals deems meet and just. The property is located off Route
6A, shown on Yarmouth Assessors' sheets and described as set
forth on attached Exhibit B.
3. Reason for the Board of Appeals action as checked below:
1 . Contrary to Zoning by-laws as follows:
1 .
2.
3.
2. Approval of Board of Appeals, or Special Permit requested under the
following section of Zoning By-Law:
1 . Sec. 18.07 of By-Law referred to in Extant Special Permit; and Sections
2.175-102, 103 and 104; all as applicable as determined by Board of Appeals
Names and addresses of abutting property owners, and those persons deemed
affected by this application. (At least three. )
Edward J. Sweeney, Jr. , Fsq. THE GRE OM C.NY,
Ardito, Sweeney, Stusso & Robertson, P.C. Signed By: tumm
5200 Building Respectfully ubmitted
West Yarmouth, MA.
Attorneys for Petitioner