Decision 1172 Filed 03.30.73 \'Pr TOWN OF YARMOUTH
BOARD OF APPEALS
Filed with Town Cler1;: MAR 3 197 Hearing Date : 2-8-73
Petitioner: Petition No. : 1172
RADFORD B. ANDERLOT
G. ARTHUR CRAIG
FRANCIS M. DWYER
SCOTT C. JORDAN
FILMORE W. McABEE
d/b/a YARMOUTH PROPERTIES
447 MAIN STREET
YARMOUTH PORT, MASSACHUSETTS 02675
DECISION
The petitioners requested a special permit from the Board of Appeals
to allow the construction of 129 condominium buildings containing
957 dwelling units (one and two bedroom only) ; 62 buildings for gar-
aging automobiles ; one gate house ; one club house ; one maintenance
building; one sanitation control building (for self-contained on-site
sewage treatment system) ; one 18-hole golf course ; one swimming pool ;
four tennis courts ; all on the northerly side of Route 6A. Premises
appear on the Assessors Maps as follows : Map 120 - Lots P-2 , P-3 ,
P-8 ; portions of K-1 , K-23, K-33 , K-53, K-63 , K-78 ; Map 129 Lots B-1
(portion) , and N-1.
'embers of Board of Appeals present :
HAROLD L. HAYES, JR. KENNETH H. STUDLEY
ROBERT W. SHERMAN PHILIP E. DEMPSEY
ELDREDGE F. SHAW
It appearing that notice of said hearing has been given by sending
notice thereof to the petitioner and all those owners of property
deemed by the Board to be affected thereby, and that notice of such
hearing having been given by publication in the Cape Cod Standard
Times on January 22 , 1973 and January 29 , 1973 , the hearing was
opened end held on the date first above written.
The following appeared either by letter or in person and iden-
tified themselves :
Mr. James W. Robertson In Favor
Richard C. Anderson, Esq.
Represented Petitioner In Favor
Mr. Donald Wood In Favor
Mr. Fitzgerald In Favor
Mr. Benjamin L. Finn
Represented Homeowners League In Favor
Melissa 6 Howard Paulson Opposed
Thelma f Howard Jackson Opposed
Joan and Ben Hulley Opposed
brittle B. Clapham Opposed
Ronald C. Baker Opposed
Wayne R. Baker Opposed
Florence M. Baker Opposed
Peter G. Schaeffer Opposed
Mr. Abel Opposed
. Mr. Carl Binca OPposed
Ms. Suzanne Kelley Opposed
Mr. Robert Kinnis Opposed
Mr. Larry Lincoln Opposed
' Mrs. Delaney Opposed
Mrs. Lockwood Opposed
Celia B. Segar Opposed
REASON FOR DECISION: Petition No. 1172
This Decision was made by the Board of Appeals on
March 22 , 1973.
The following is a list of the many graphic materials
which were submitted to the Board at the hearing and which were
used by the Board in arriving at its decision:
1) . Profile plans for fifty (5O) foot wide utility
easement and roadway, Yarmouth Forperties , Inc. , petitioner dated
- December 27, 1972 , Edward E. g Registered Re istered Land Sur
veyor,or Cum--
Y s
maquid, Mass. sheets 1 through 3 .
2) . A site plan designated "Master Plan Oak Harbor,
Yarmouth, Massachusetts , Yarmouth Properties , Owner. Said plan is
dated December 29 , 1972. This plan contains general notes stating
among other things , the following:
A. Al]. trees shall remain except for those
located within building foundations , roads , walks ,
and golf fairways .
•
B. Every effort shall be made to retain all
vegetation and to preserve the unique landscape
character of the site.
C. The entire sewage system will be a self-
contained system conforming to all local and state
health codes .
D. The storm drainage system shall meet all
local requirements and engineering criteria.
E. All roads and buildings are sited so that
topographic change will be kept at a minimum. Ex-
treme grade change will be avoided in all cases in
order to retain as many trees as possible.
F. It is indicated that this plan is prelim-
inary and shall not be used for construction pur-
poses.
The Board hereby indicates that these requirements shall
be met and that any changes in plans for construction purposes shall
in no way change the specifications presented to the Board at this
hearing and shall not in any way violate the standards set forth in
the zoning by-law.
3) . Yarmouth Project-Condominium Cluster No. 1 Yarmouth ,
Mass. Merton Stuart Barrows , Architect , Oxford, Mass . A sketch of
the completed cluster No. I was presented together with a floor plan.
4) . Yarmouth Project-Condominium Cluster No. 2 Yarmouth,
Mass. Merton Stuart Barrows ; Architect , Oxford, Hass. This showed
an elevation of condominium cluster No. 2 together with floor plans.
The proposed elevation sketch was on two sheets .
5) . Proposed elevation plan showing a sketch of the club-
house designated Yarmouth Project-Club House Yarmouth , Mass . Merton
Stuart Barrows , Architect, Oxford, Mass. There was a floor plan
showing the interior design.
6) . Plans showing sections through cluster 1 , sections
which were taken through the living room-dining room portion of two-
story units identified Yarmouth Project-Condominiums Yarmouth, Mass.
Merton Stuart Barrows , Architect.
7) . A brochure designated "Traffic and. Access Analysis
Oak Harbor Development , Yarmouth , Massachusetts. " This brochure was
prepared by Wilbur Smith % Associates , New Haven, Connecticut dated
February 1973. The following topics were included:
Existing traffic and roadway characteristics .
Existing traffic volumes .
Anticipated traffic roadway and access considerations ,
The conclusions of this report were set forth in the
final paragraph.
3) . A brochure was presented designated "The Bounties of
Nature at Panther Valley. "
9) . Information was presented to the Board setting forth
' the background of the owners , general consultants , land architects
and site planners , architects , golf course architects , ecologists,
nay:Ina biologists , surveyors , traffic engineers , civil engineers and
the brochure was designated "Consultant Biographies , Oak Harbor ,
Yarmouth Properties. "
JO) . The Board was presented with the text , "Life and Death
of a Salt Marsh" by John and Mildred Teal .
11) . The board was alas presented with a folder designated
"Oak Harbor, Yarmouth Properties" setting forth the site calculations
and the statistics indicating conformity with the standards set forth
in the zoning by-law. There was an addition designated Pact Sheet 1
covering securit and traffic reports to and from the Yarmouth Fire
Department, and there was a fact sheet designated "Subject Water. "
There was a further section devoted to erosion and sediment control
during construction of project. Fact sheet S was designated "Waste ,
Water Treatment and Dump Impact . " Fact sheet 6 had to do with the
subject of taxation and the final coverage had to do with land al-
location.
The Board, in addition to the consideration and examina-
tion of the documents referred to , considered numerous oral presen-
tations offered by proponents and opponents of the petition. In
addition, the Board reviewed letters both in favor and in opposition
to the petition.
After a full consideration of all of the evidence sub-
mitted to the Board, the Board finds that the specific critenja
which is set forth in the zoning by- law, being Section IV B has been
met by the petitioner as follows :
(1) The petitioner has requested 9S7 units in 129 buildings
located on the north side of Route 6A in Yarmouth. The gross land
area required for the first ten (30) units , 90 ,000 square feet , for
the next 947 units , 7 ,102 ,500 square feet for a total of 7 ,192 ,500
square feet. It appeared that the site area consists of 192 . 9 acres
containing 8 ,402 ,724 square feet. The Board finds that the require-
ment of Section IVB subparagraph (1) has been met.
(2) The BoaTd finds that the yard depth , being front , rear
and side yards meets all the .eequiroments of the zoning by-law.
(3) The Board finds that the ground coverage is well within
the allowable percentage set forth in the zoning by-law.
(4) Yard spaces (buffer strips) , all comply.
(5) The Board notes that 1 ,435 parking spaces are required
and 1 ,618 are shown on the site plan.
(6) The Board finds that the site plan shows the existing
and proposed buildings and structures , driveways , service area, park-
ing spaces , driveway openings , open spaces and facilities for sewage ,
refuse and waste disposal , and all landscape features as required by
subparagraph (6) of Section IVB. The Board finds specifically that
storm drainage is well provided for as shown on the aforesaid plan.
The Board notes that sewage has been referred to the tiassachusetts
Department of Public Health and the local Board of Health.
(7) The Board finds the requirements of Section IVB , sub-
paragraph (7) have been met. The Board specifically finds as
follows:
.
(a) There are rr esentiy eleven (11) single family dwell -
a -. ;s in t¢ t; , foot radius from the project .
arc,. iric, apartments oa. motels ...n the 1 ,000 O(j foot
1711 c'-ii a`.i ,
c. is -:aom a o4dte' ,A which is a major arterial
d s. The Bgly+;.r:d not that the requiements of subparagraph
h
(di) have been met and the Board notes that a sep ''rate approval of
the E ar:. f t afi th _�� . . be k eqw..., ed far sanitary arrangements .
The 7l arefinds .. 1. .. e,"_1 of the proposed buildings
are more t lar. 2:sO feet :. , om any moTsh or great pond
(z.) ' t y asf.,a ._:S'` d s ti..h e ... c''q u i em e n It„.. of Section I VB
(I) have 13 t` '.,g. 9 xt'"„
The B r, (:_ thfA the gYa,Ating of a special exception
i._. not ,. l -i t`.. i.. "i L c,, . ;s s.r. ph 2n of Section VI .a o
{k�t'�y a.. y' demonstrated to t}'
..� a =���5 a 'r��;�.a i €,.:�i �£e.'s �s i_ ',ii 4. �1d'"4e S
e
ee .,k.; to K1,i s .3. i;-.� .fit:,,. �`e.� a t3.. s: 0)1*
�.:
..a 3.
•
The Board in arriving at its decision considered the
written report from the Engineering Department of the Town of Yar-
mouth dated February 7 , 1973.
The Board gave due weight to the content of the objections
raised at the hearing and after a complete analysis it was the opin-
ion of the Board that the petition should be allowed.
It is the judgment of the Board that the petition complies
with all of the requirements of the zoning by-laws of the Town of
Yarmouth and that it it in keeping with the intent of the zoning by-
.
law and that the granting of this petition will serve the public in-
terests.
Members of Board voting:
HAROLD L. HAYES , 3R. - Voted in Favor
ROBERT W. SHERMAN - Voted in Favor
PHILIP E. DEMPSEY - Voted in Favor
ELDREDGE F. SHAW - Voted in Favor
KENNETH H. STUDLEY - Voted in Favor
Therefore the petition for a special exception is GRANTET) in
accordance with the provisions of Section IVB of the zoning
by-law and in accordance with the plans and other documents
submitted by the petitioner which are incorporated by refer-
ence into this decision.
No permit issued until 22 days from date of filing decision with
the Town Clerk.
per KENNETH H. STUDLEY
CLERK
•
TOWN OF YARMOUTH
BOARD OF APPEALS
Radford B. Anderlot, G .Arthur Craig, Francis M.
OWNER: NAME: Dwyer, Scott C . Jordan, Filmore W . McAbeeAPPEALs #//7,2
J. Tracy Wiggin
ADDRESS: 447 Main Street
Ya rmouthport, Mass .
PETITIONER: NAME: Radford B. -=\nderlot, G . Arthur Craig, Francis M. Dwyer,
Scott C . Jordan and Filmore W . McAbee d/b/a Yarmouth
ADDREss: 447 Main Street Properties
Yarmouthport, Mass .
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 $20.00. re
DATE: January 3, 1973
PAID: Cgi/
.$col'mic} mP? 5gdzwe$ 4$K lin
xxxximpougueoziamomscautzunttesurapactutamagictougataix.
2. :YTS„ We, hereby request the action checked below:
7G0bxxxEntaxx
3. A special permit from the Board of Appeals.
To allow: Construction of 129 Condominium buildings
containing 957 dwelling units (one and two bedroom only) ; 62
buildings for garaging automobiles; one gate house; one clubhouse;
one maintenance building; one sanitation control building (for self-
contained on-site dewage treatment system) ; one 18-hole golf course;
one swimming pool; four tennis courts; all on approximately 193
acres located on the northerly side of Route 6A . P, emises appear on
Assessors Maps as follows:
Map 120 - Lots P-2, P-3, P-8; portions of K-1, K-23, K-33, K-53,
K-63, K-78; Map 129 - Lots B-1 (portion) , N--1 .
1.
2.
3.
2. Approval of Board of Appeals, or Special Permit requested under the
following section of Zoning By-Law:
1. section IV B - Apartments
2.
Names and addresses of abutting property owners, and those persons deemed
affected by this application. (At least three.) Radford ' erlot etal
BY the ney
Signed tc„
43ee f$ eA;m' Olnis, mass .
THE COMMON:'rc', .rrt > ' ,. :;ACHUSET"3
TOW\1 0T- YAr< -OUTH
/q
r OR TOWN
BOARD OF
19 73
NOT1CL: 0
Conditior al or Limited Var ance or Special Permit
(General Laws Chapter 40A,Section 18 as amended)
Notice is hereby given that a Conditional or Limitsa Tar_ance or Special Y'er ni_
To:.Mr....Fi.lmaxe._.W.. M Abee
Owner or Petitioner
Address 42.7...Ma.in._S.txe.e t
City or Town Y.armnu.th__Par_i_,._ l.a.s.s.a.chas t.ts
Identity :and -"Looted
Property located on Route 6A in Yarmouth, Massachusetts
Mic
by the Town of Yarmouth Board of Appeals affecting the
• rights of the owner with respect to the use of premises on.
Route 6A, Yarmouth, Massachusetts
Street City or Town
the record title standing in the name of
Filmore W. McAbee
whose address is 477 Main Street, Yarmouth, . (Port) , Massachusetts
Street
own State
by a deed duly recorded in the B.asns.tab_i.ecity or rCounty Registry of Deeds in .look
.,; a ,.
The decision of said Board is on file with the papers ers in Decis:.,:, or Case No 1172
aigrX
in the office of the Town Clerk of Yarmouth
Certified this day of 7 3
Board of Appeals:
HAROLD L . HAYES, JR. Chairman
Board of Appeals
Clerk
Board of Appeals
19 at o'clock and minutes _...M.
Received and entered with the Register of Deeds in the County of
•
Book
Page
ATTEST
Register of Deeds
Notice to be recorded by Land Owner.
FORM 1094 HOBBS & WARREN. tNC.. REVISED ri/.PTER sia.1
• TOWN OF YARMOUTH
O H
(/1 ENGINEERING DEPARTMENT - SOUTH YARMOUTH, MASS. 02664
MATTACH E5 A;
February 7, 1973
Petition 1172
To the Yarmouth Board of Appeals,
As requested, I have examined the site plan submitted
for Oak Harbour, Yarmouth, Mass. and have checked al] re-
quirements as listed in the Zoning By-Law, Paragraph IV B-
Apartments.
(1) Petition requests 957 units in 129 buildings located
on the North side of Route 6A in Yarmouth.
Gross land area required:
First 10 units 90,000 sq. ft.
Next 947 units 7,102,500 sq. ft.
Total 7,192, 500 sq. ft.
(2) Yard depth (front, rear & side) meet all requirements.
(3 ) Ground coverage: Total of proposed land coverage
761,608 sq. ft. This is 9.1% which is well within the
allowed 12%.
(4) Yard spaces (buffer strips) all comply.
(5) Parking: 1435 spaces required - there are 1618 shown
on site plan.
(6) Storm drainage is well provided for as shown on the
plan. Use of runoffs and waterways into golf course area
also recommended. Sewage referred to Mass. Dept. of Public
Health and local Board of Health.
(7) Conformance with objectives of Zoning By-Laws:
(a) There are 11 single family dwellings in the 500'
radius.
(b) There are no apartments or motels in the 1000'
radius.
(c) Access is from Route 6A, a major arterial high-
way.
- 1 -
. OF.Y` ..
�,:: t TOWN OF YARMOUTH
- , .....,ii‘vs .. .ii,
ENGINEERING DEPARTMENT — SOUTH YARMOUTH, MASS. 02664
(�MATTA MES �
0'4''cDaAORAfCo0.6LP
Oak Harbour (cont 'd. ) February 7, 1973
(d) All utilities are available (except public sew-
age system) .
(e) All proposed buildings are located more than 250'
from any marsh or great pond.
(f) Calls for judgement and opinion of the Appeals
Board.
In the location of the old Hockanom Road, where the new
service road intersects at station 15 + 50 it will be nec-
essary to construct ramps due to a 2-3 fill. It is noted
also that the site plan information states that it is pre-
liminary and shall not be used for construction purposes.
If this is so, then a final Ramps to Hockanom Road Plan
should be required before construction starts if permit is
granted so that the Town will have control over what is to
be built .
Very truly yours,
(-)17/;,&
- 1n L. Newton
� . Town Engineer
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