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HomeMy WebLinkAbout2936C Def Subdivision 117 SP Application PacketJ.M. OREILLY & ASSOCIATES, INC. PROFESSIONAL ENGINEERING, LAND SURVEYING & ENVIRONMENTAL SERVICES Site Development • Property Line • Subdivision • Sanitary • Land Court • Environmental Permitting October 24, 2022 Yarmouth Planning Board 1146 Route 28 South Yarmouth, MA 02664 JMO-8807 RE: #2936C -Definite Site &Subdivision Plan Set for Single -Family Cluster Development - Miracle Way - Faith Road Subdivision Parcel 39, Assessor's Map 125 Route 6A, Yarmouth -Port Dear Board Members, On behalf of our client, The Davenport Companies, J.M. O'REILLY & ASSOCIATES, INC, issubmittingtheottached Application for Approval of a Definitive Subdivision Plan and Definitive Site Plan Set (12 pages) for the proposed Single -Family Cluster Development, at the above referenced parcel. This new application (#2936C) incorporates previous comments. fromiTown Staff and the Planning Board in order to provide a significantly improved subdivision design relative to the original proposal submitted earlier this year (#2936A). The following is a complete synopsis of the proposal: Parcel Information: Assessors'ID: Total Lot Area: Total Frontage: Owner: Existing Conditions: Map 125, Parcel 39 666,507 sf +/- (15.3 acres) 616.28 feet Roman Catholic Bishop of Fall River Deed Book 2776, Page 322 Plan Book 326, Page 22 The parcel is a wooded vacant lot located to the South of Route 6A, in between Kencomsett Circle and Outward Reach. The parcel is surrounded by developed residential areas, with an isolated vegetated wetland bordering the property at its Southeast corner. Eversource and the Town of Yarmouth Water Department both have easements over the parcel. The two easements run parallel to each other across the southern portion of the property. The property is not within the FEMA 100 year Flood Zone, is not within a Zone II mapped area, and is not within an NHESP mapped area. The parcel also has access to the Town of Yarmouth Municipal Water System. Thetopography of the parcel is rollingwith multiple high points and adjacent low points. The elevation changes over the property range from low elevation 28 to a high elevation of 72. The regional groundwater flow, as provided by the Cape Cod Commission, appears to be to the southeast, towards Mill Pond which in turn feeds 15�3 MAIN STREET, P.O. Box 1773� BREWSTER, MA oz631 •PHONE: (So8) 8g6-66oI •FAX: (sob) 8q6-66oz W W W.JMOREILLYASSOC.COM into Follins Pond. Preliminary soil testing was completed, all test holes had suitable soils for subsurface disposal of wastewater and stormwater. A perched groundwater table was located at two different low points on the parcel, with the highest perched groundwater measured at elevation 23, approximately. All existing site features are shown on the Existing Conditions Plan (C1). Proied Description: The project proposes to develop a residential single family cluster subdivision. A total of 14 buildable lots are proposed, with the remainder of the parcel converted to open space land. The total number of lots has been determined by the available land area, less 909/6 of the land area under the easements and divided by the minimum lot area of the district (40,000 sf). The project proposes approximately 5.46 acres which shall be converted to open space land, accounting for 42.5% of the acreage available for the cluster development. The Town's Zoning Bylaw only requires 30% of cluster developments be reserved for open space. The individual lots range from 11,425 sf to 23,244 sf. Proposed dwellings are all 46 foot by 28 foot, 4 bedroom dwellings. The lots and dwelling locations have been laid out so as to conform to all of the Zoning bylaws and minimum requirements of a single family residential cluster development. Please refer to the Definitive Subdivision Plan for the specific lot areas and frontage. The frontage for the lots is provided by two new 40 foot wide right of ways. Each right of way includes a cul- de-sac area for vehicle turn around. The right of way will be improved with a 24 foot wide paved road. The road will include two 11 foot wide travel lanes and 1 foot berms on either side. Miracle Way, the road that will intersect with Route 6A, is 539 feet long. Faith Road is 434 feet long. The proposed access off of Route 6A was located so as to maximize the vehicle line of sight to both the East and West, and to maximize separation distance from the nearest intersections on Route 6A. The project proposes vegetation trimming and grading along Route 6A to the West of the proposed intersection in order to maximize the westerly line of sight. Refer to the Curb Cut Plan (C6) for further details. Proposed site distance onto Miracle Way for a vehicle turning left off of Route 6A is greater than 200 feet. The road is sufficiently sized to allow the Yarmouth Fire Department ladder truck to access both roads and turnaround within the cul-de-sacs. See Vehicular Travel Plan (C8) for vehicle path information. Driveways have also been sized to allow safety vehicle access, as shown on the Details & Notes Plan (C5). The new access location proposed with this application is,greaterthan 400' from adjacent intersections at Hockanom Road and Outward Reach, which means that the project does not require any relief from regulation'4.2.1(j) —Street Intersection Spacing' of the Town of Yarmouth Subdivision Rules & Regulations. Sight distance from the proposed intersection facing easterly is greater than 750% while sight distance to the west is greater than 730'. For a detailed traffic impact analysis for the proposed intersection, see the Traffic Impact Statement prepared by Randall Hart, P.E. (VHB) and submitted as part of this application. The roadway includes drainage facilities sized to accommodate the 100 year storm event. The stormwater management system will include deep sump catch basins and dry water quality swales along with a leaching facility as required under the stormwater treatment requirements of the Massachusetts Stormwater Management Handbook. The site has been graded so as to attenuate stormwater runoff and utilize existing natural low points in order to maximize stormwater treatment and prevent stormwater runoff from flowing off -site. In addition to the roadway stormwater system, the project proposes five dry water quality swales designed to collect lawn and driveway runoff. Please refer to the Grading & Drainage Plan (C4), Details & Notes Plan (C5) and Stormwater Contributory Area Plan (C7), as well as the attached Stormwater Report, which includes all calculations, specifications and details of the proposed stormwater systems. Each dwelling will be served by an on -site subsurface sewage disposal system, as shown on the Site Layout Plan (C2). Preliminary test holes and percolation testing have indicated that suitable soil materials exist across the site. See soil testing logs on the Existing Conditions Plan (C1). Perched groundwater is at least 13 feet below finished grade at each proposed septic system area, and the proposed systems as shown will meet all Title 5 requirements and minimum setback distances. As shown on the Watershed Delineation Plan (C10),10 of the 14 properties' septic leachingfacilities have been sited within the Chase Garden Creek/ Barnstable Harbor Watershed, with the remaining 4 facilities within Bass River watershed. The previously submitted application #2936A only had 7 out of 14 properties' outside of the impaired Bass Riverwatershed. The new subdivision was designed with the intention of minimizing Title 5 flow within the watershed, resulting in 3 fewer properties within the watershed than originally proposed. This project completed the Preliminary Subdivislon review process with the Planning Board, with the meeting held on September 21, 2022. The Board included in the preliminary approval language a condition that the comments outlined in Table 1—Summary of Town Staff Comments, dated September 15, 2022 be addressed for the Definitive Subdivision application. The comments have been addressed within the plans and documentation, and a marked up responseto each of the comments.has been provided with the Definitive application. This proposed cluster development allows the parcel to maintain much of its open contiguous natural and undeveloped land while concentrating the residential portions of the lot together. In addition, the natural buffer zones along each side of the development minimizes its disturbance to neighboring properties. In comparison to a traditional subdivision, this proposed open space development provides a significantly better outcome for the area's natural resources and neighboring residential properties. We look forward to presenting the project at the next Planning Board public meeting. Please contact my office if you have any questions or comments about the project. Very truly yours, Robert Reedy, P.E. Project Engineer CC: Kathy Williams, Town Planner Client John O'Reilly, P.E., P.L.S. (RESPONSES TO STAFF COMMENTS IN RED) J.M. O'REILLY & ASSOCIATES, INC. Table 1- Summary of Town Staff Comments Preliminary Cluster Subdivision Plan #2936B (Definitive #2936C) September 15, 2022 (Responses on 10/24/2022) Fire: • The Plans appear to address the Fire Department's previous comments regarding hydrant locations (4 hydrants shown), adequate driveway widths and brush cut back to facilitate trucks accessing the longer driveways, and fire vehicle turning movements. Water: • Add a note on plans requiring a minimum of 5' horizontal separation between the watermain and drainage structures and coordinate with the Roadway Pavement Section on C5. Done. Plans have been modified to address previous comments including: • Note added that all water work shall be in accordance with the Yarmouth Water Dept. Water Materials and Installation Standards. • Plans show watermain connection at Route 6a includes a cut in tee with triple gate cluster, triple gate setup at the Faith and Miracle intersection, and a tapping sleeve and valve for the easement connection. • Note added about coordinating directly with the Town of Yarmouth Water Department regarding final water main design, and methods and materials for the modification of municipal water service, including inspection, testing and disinfecting requirements. Building: • Applicant to confirm compliance with Section 402.7.3.1— dimensional requirements. Adjustments made as required to lots 8 & 9, per Town Planner comments below. • Fill in excess of 5' requires a permit from the Building Commissioner per Zoning Bylaw Section 302.1. No fill in excess of 5' proposed. Community • Per Zoning Bylaw 412.2.2.2 inclusionary zoning applies to any subdivision of land for development that results in a net Development increase of five (5) or more dwelling units. Per Zoning Bylaw 412.2.3, two affordable units are required and options for Housing meeting this requirement are outlined in the Zoning Bylaw. 'Based on the current Median Income for Yarmouth as set by US HUD, this fee for FY22 is $144,500 per affordable housing unit; or $289,000 for two units. The calculation may need to be updated depending upon the project schedule. Noted. Conservation: • No Conservation jurisdiction other than the requirement that a Stormwater Management Permit application be filed. This permit requires detailed submission information on Stormwater Management and drainage/treatment calculations, construction period Erosion and Sediment Control, and Operation & Maintenance Plan. Noted. • The contents of the Meadow / Wildflower Seed Mix should be specified in the final plan set. Added to plan, seed mix specification sheet included with submittal package. Town Planner • Section 402: The proposed project is an allowed use in the R40 zoning district located on a lot over ten (10) times the minimusingle family lot size (402.6.1), meets the requirements for 14lots (402.7.1), and provides a mi m ni mum 30% open space (402.6.2). The lots appear to meet the dimensional requirements of Section 402.7.3.1 except related to the reduced Page 1 of 4 frontage for Lots 8 & 9. No point of any side of the requisite 100'x100' shall exceed a distance from the street of greater than 250', which needs to be shown within the limits of that parcel. The box for Lot 9 is also shown partially on Lot 10. Adjust lot lines as needed to meet section 402.7.3.1. Adjustments made so that both Lots 8 & 9 are now compliant with 402.7.3.1. SW comer of Lot 9 box is now 250' from Miracle Way layout, and all other portions of Lot 8 & 9 boxes are now closer than 250'. Lot lines for Lots 7, 8, 97 10, 11 and 12 were altered as part of this adjustment, as was the drainage easement adjacent to Lot 7. All adjustments have been carried over to all plans, including subdivision plan, and all area calculations have been updated accordingly. No changes to exterior setbacks. Lot 8 house, driveway, septic and landscaping were shifted to accommodate the change. No other changes • Future Sewer: Identify how future sewering will be handled for the low-lying properties (lots 11-14) now that no sewer easement is being shown. 15'x15' sewer easement added for a future pumping station for low-lying properties on Faith Rd. All other sewer infrastructure would be contained within road layout. • Grades: Although more earthwork is involved, the roadway and driveway slopes have been significantly reduced with the lowering of the ridge on the property. • Waivers: Correct waiver list as follows: o Drainage Structures: Waiver for drainage structures (5.4.2(b)) note that the inside diameter of the CB will be 3.5' and 5.5' for the leaching basins, however, the plans denote the standard 4' and 6' respectively. Done. o Utility Locations: The waiver request should reference Section 5.4.4 — Utility Locations, and Section 4.2.5 — Cross Section. Done. • Old Kings Highway (OW: Any retaining walls and future buildings will require permitting by OKH. Some variation in building designs should be provided rather than having 14 of the same structures. Noted. • Easements: Drainage easements shall be large enough to accommodate 100% reserve capacity per Section 4.3.1. Both easements include 100% reserve areas, shown in dashed line next to the leaching structures. Labelling added. • Miscellaneous Comments on Plans: (Also see Engineering Comments) o Cl —Existing Conditions Plan: Include perc test information on plans for drainage. Locate gas main in Route 6a. Done. o C2 —Site Layout Plan: Show roadway layout information including radii to confirm compliance with the R&Rs. Radii labelled. o C-3 Road/Utility Plan & Profiles: If there are any pad mounted transformers, locate them on the plan and provide screening. Show connection of underground electric to pole at Route 6a and connection of gas line in Route 6a. MassDOT will want to see all utility connections within their ROW. Per Section 4.2.4, confirm the forward sight distance on all vertical curves is a min. of 150'. Transformer locations to be determined by Eversource. Elec and gas connections shown, easiest to see connections on C6 Curb Cut Plan. Sight distance calculations added to C3. o C-5 — Details: Consider beehive catch basin grates in water quality swales. Roadway Pavement Section needs to show a minimum of 5' separation between watermain and catch basins. Done. Beehive specification added to swale detail. o C-9 — Landscape Plan: The revised Landscape Plan shows a much more robust planting plan. All trees should be a minimum of 2" caliper (not 1-2"). Done. Consider additional screening shrubs along the rear property lines of lots with close abutters to the east. Most of the houses have been moved away from the abutting properties to the west. Provide Page 2 of 4 native or hardy plant species. Will irrigation be provided? Expectation is that sufficient existing screening exists in that area, however proposed shrubs from the Landscape Plan can be shifted to rear of Lots 1 and 2 as needed if additional screening is needed after construction. Temporary irrigation to be provided for proposed plantings and groundcover areas during initial growing seasons. Homeowners Association/Open Space: Revised documents were submitted as part of Def Sub 2936A, but have not been reviewed by staff. Staff to coordinate with the applicant during the Definitive process to address operation and maintenance of the private roadways, the utilities, the drainage systems (per an approved O&M Plan), landscaping, Open Space and Sight Easement, along with legal conveyance of the Open Space to the Homeowners Association who would be responsible for payment of taxes; a recordable restriction enforceable by the Town to preserve the Open Space per Section 402.6.2; and clearly define the homeowner's responsibilities for operation and maintenance of any dry swales located on the individual lots. Noted. Stormwater & Erosion Control: Drainage and erosion control plan will be peer reviewed during the Stormwater Management Permit Application process with the Conservation Commission along with the development of O&M and erosion control plans. Noted. •Traffic Assessment: o Crash Data: Refer to the attached Yarmouth Police Department Summary of Traffic Accidents 1/1/17-5/23/22 which shows the traffic accidents in this area, confirming the VHB report. o Sight Distance: The revised entrance location to the east, combined with the proposed sight line clearing indicate that the new roadway intersection will meet the Stopping Sight Distance (SSD) and the Intersection Sight Distance (ISD) which will improve safety and function of the new intersection. o Sneed Analysis: The Cape Cod Commission placed traffic/speed counters on Route 6a in July 2022 East of Weir Road and West of Setucket Road. The 85% average speed (typically used for setting speed limits) was 42 mph eastbound and 41 mph westbound. The posted speed limit is 45 mph. Engineering: • C-2: Coordinate addressing of parcels with DPW to be incorporated on the plan prior to recording. Noted. • C-2: Update road names to designate "(40' Private Way)" Done. • C-2: Provide what the proposed sight distance is to be provided as noted in Table 3 of the Traffic Assessment (dated August 18, 2022). Reflect any Ups, vertical elevations, other obstructions that may impact sight distance. Also update page 9 of the Traffic Assessment to reflect the plan update for obstructions and provide contours. Sight distance info shown on `C6 Curb Cut Plan' since that plan zooms into the entrance area more than C2. • C4: Consult with Town departments to determine if sewer easements will need to be required. 15'x15' sewer easement added for a future pumping station for low-lying properties on Faith Rd. All other sewer infrastructure would be contained within road layout. • C4: Provide a construction -period erosion control, sedimentation, and pollution prevention plan. Any pertinent detail drawings should also be included. Draft Stormwater Pollution Prevention Plan included with definitive submission Page 3 of 4 (submitted electronically only, can provide hard copies also if needed). Document can be finalized and submitted for e- NOI permit after the project obtains necessary approvals and a site contractor has been determined. • C-4: Provide a long-term operation and maintenance plan for the stormwater management system. Included on stormwater report, included with definitive submission. • C-4: Suggest a forebay/riprap at the outlet of the enclosed drainage system into the swales. Rip -rap splash pad shown on C5 Details plan. • C4: Remove any loamy sands within drainage/leaching areas and 5' beyond. Dry swale specifications shown on C5, specifications per MassDEP Stormwater Handbook design guidance for dry water quality swales. • C-6: Suggest changing to DMH CB at curb cut and installing a catch basin on either side of the curb cut along the gutter line. Miracle Way pitches away from 6A to a low point approximately 50' from 6A, with two catch basins and a manhole at that location that are adequate to handle the flow of the relatively small front watershed. • Engineering has reviewed the waivers and agrees to the approval of Section 4.3.1 - Easements, 5.4.2.(a) —Drainage Pipe, and 5.4.4 — Utility Locations (note section number corrected). Request for Section 5.4.2.(b) will be contingently approved with a 4' ID catch basin with 4' deep sump as shown on C.S. Waivers have been revised per staff comments. • Engineering agrees with the approach to have the Stormwater Regulation application to Conservation provide a third - party review of the stormwater submission. Noted. Health: • Bruce Murphy, Health Director, has indicated his comments are the same as his attached May 10, 2022 Memo related to Definitive Plan 2936A. Noted, Page 4 of 4 be for Yarmouthport Waivers to Requested Parcel 125/39, Route 6A, APPLICATION FOR A SPECIAL PERMIT Single Family Cluster Subdivision Applicant: The Davenport Companies Site: Parcel 125/39, Route 6A, Yarmouthport Map/Parcel: Map 125, Parcel 39 Project Name: Miracle Way - Faith Road Subdivision Date: 10/19/2022 WAIVERS REQUESTED: The Davenport Companies request the following waivers from the Town of Yarmouth Rules &Regulations Governing the Subdivision of Land in order to promote the creation of a Single Family Cluster Subdivision. Town of Yarmouth Rules & Regulations Governine the Subdivision of Land §4.3.1 Easements Waive the provision that all utility and drainage easements shall be minimum 20wide. The proposed water easement along the property line between Lots 5 and 6 is 15' wide. §5.4.2(a) Drainage Piping Waive the provision that all drainage piping shall be concrete or corrugated aluminum. High -Density Polyethylene 12" ADS piping is proposed, which meets H-25 highway traffic loading with 12" minimum cover. §5.4.2(b) Drainage Structures Waive the portion of the provision that requires minimum of 5.5' inside diameter drainage structures be utilized. 4.0' inside diameter catch basins are proposed (Proposed leach pits area 6.0' and therefore meet the regulation). Also waive the portion of the provision which requires all drainage component chimney heights to be less than 2.0'. The proposed leaching facility will have chimney heights of approximately 7', in order to match the depth of the adjacent drainage swale (Proposed catch basins meet the 2.0' regulation). All other portions of this provision have been met. §5.4.4 Utility Locations Waive the portion of the provision that requires water and gas mains to be on the same side of the right- of-way. Per direction from the Water Department, the water main will be located on the opposite side of the right-of-way from the gas main and telephone, electricity and other communications cables. §4.2.5 Roadway Cross Section Waive the portion of the provision that requires water and gas mains to be on the same side of the right- of-way. Per direction from the Water Department, the water main will be located on the opposite side of the right-of-way from the gas main and telephone, electricity and other communications cables. (Note: same as §5.4.4 waiver request above) Waivers I 1 To: Town of Yarmouth From: Randall Hart, Principal Introduction Date: August 18, 2022 Project #: 15405.00 Re: Proposed Subdivision W hba Memorandum On behalf of the Davenport Companies, Vanasse Hangen Brustlin, Inc. (VHB) has prepared a transportation assessment of the proposed Miracle Way subdivision located on Lot 2 Route 6A in Yarmouth, Massachusetts. The following memo provides review of existing accident history along Route 6A at the proposed site driveway and adjacent intersection, projections of traffic for the subdivision, and review of site distance for the proposed driveway and adjacent roadway. Crash Summary A detailed crash analysis was conducted to identify potential vehicle accident trends and/or roadway deficiencies in the immediate area of the proposed site driveway. The most current vehicle accident data for the traffic study area intersections were obtained from MassDOT for the years 2015 to 2019, The MassDOT database is comprised of crash data from the Massachusetts Registry of Motor Vehicles (RMV) Division primarily for use in traffic studies and safety evaluations. Data files are provided for an entire city or town for an entire year, though it is possible that some crash records may be omitted either due to individual crashes not being reported, or the city crash records not being provided in a compatible format for RMV use. Crash rates are calculated based on the number of accidents at an intersection and the volume of traffic traveling through that intersection on a daily basis. Rates that exceed Mass average for accidents at intersections in the MassDOT district in which the town or city is located could indicate safety or geometric issues for a particular intersection. For our study area, the calculated crash rates for the study area intersections were compared to the MassDOT District 5 (the MassDOT district for Yarmouth) average. The current MassDOT average crash rate for unsignalized and signalized intersections in District 5 is 0.57 and 0.75 crashes per million entering vehicles, respectively. In other words, on average, 0,57 crashes occurred per million vehicles entering unsignalized intersections throughout District 5. A summary of the study area intersections vehicle accident history based on the available RMV data is presented in Table 1 and the detailed crash data is provided in the Attachments to this memorandum. Engineers I Scientists I Planners I Designers 101 Walnut Street, PO Box 9161, Watertown, Massachusetts 02471 P 617,924,1770 F 617.924.2286 www.vhbxom \\gbldata\projecls\Wat-TS\155I800 Yarmouth SulMivision\doa\memos\Traffic Memo Updace a 22 docx Town of Yarmouth Ref: 15578.00 August 11, 2022 Page 2 Table 1 Vehicular Crash Data (2015 - 2019) % hb. Memorandum Route 6A at Hockanom Roue 6A at Kencomsett Route 6A at Outward Road Circle Reach Signalized? No No No MassDOT Average Crash Rate 0,57 0,57 0.57 Year 2015 1 0 1 2016 1 0 1 2017 0 0 0 2018 0 0 0 2019 0 Q 0 Total 2 0 2 Yearly Average 0.4 0.0 0.4 Collision Type Angle 0 0 0 Head-on 0 0 0 Rear -end 1 0 2 Sideswipe, opposite direction 0 0 0 Sideswipe, same direction 0 0 0 Single Vehicle Crash 1 0 0 Not reported 0 0 0 Severity Fatal Injury 0 0 0 Non -Fatal Injury 0 0 0 Property Damage Only 2 0 2 Not Reported 0 0 0 Time of day Weekday,7:00 AM - 9:00 AM 0 0 0 Weekday, 4:00 — 6:00 PM 1 0 1 Saturday 11:00 AM — 2:00 PM 0 0 1 Weekday, other time 0 0 0 Weekend, other time 1 0 0 Pavement Conditions Dry 2 0 2 Wet 0 0 0 Snow 0 0 0 Sand, mud, dirt, oil, gravel 0 0 0 Not reported 0 0 0 Non -Motorist (Bike, Ped) 0 0 0 Source: Crash data was obtained from MassDOT Crash Portal, accessed December 27, 2021. \\9bldata\pr Jects\WatTS\155]8.00 Yamrouth Subdivision\dots\memos\Tra(fc Memo Update 8 22 doci� vhb. Memorandum As shown in Table 3, there were two crashes at the intersection of Route 6A at Hockanom Road over the five-year period between 2015 and 2019. It should be noted that one of the crashes reported involved a single vehicle colliding with an animal on the roadway within the vicinity of this intersection. This crash therefore may have occurred independently of the intersection geometry which should be considered when examining the crash data at this location. No reported crashes occurred at the intersection of Route 6A at Kencomsett Circle over the five-year period. Highway Safety Improvement Program In addition to calculating the crash rate, study area intersections should also be reviewed in the MassDOT's Highway Safety Improvement Program (HSIP) database. An HSIP-eligible cluster is one in which the total number of "equivalent property damage only" crashes in the area is within the top 5% of all clusters in that region. Being HSIP- eligible makes the location eligible for FHWA and MassDOT funds to address the identified safety issues at these locations. As part of this effort, VHB reviewed this database and found that the intersections referenced above are not HSIP locations. Trip Generation The rate at which any development generates traffic is dependent upon a number of factors such as size, location, and concentration of surrounding developments. The site is currently vacant. The proposed development consists of a 14-lot single-family home residential subdivision. The proposed site plan is included in the Attachments. Trip generation estimates for the proposed use were projected using trip generation rates published by the Institute of Transportation Engineers (ITE) Trip Generation, 77'h Editionz. The number of vehicle -trips generated by the residential subdivision were estimated based on ITE LUC 210 (Single -Family Detached Housing). The estimated trip generation for the proposed subdivision is presented below in Table 2. "Equivalent property damage only" is a method of combining the number of crashes with the severity of the crashes based on a weighted scale. Crashes involving property damage only are reported at a minimal level of importance, while collisions involving personal injury (or fatalities) are weighted more heavily. Trip Generation, 11 th Edition, Institute of Transportation Engineers, Washington D.C., 2021. Engineers I Scientists I Planners I Designers 101 Walnut Street, PO Box 9151, Watertown, Massachusetts 02471 P 617.924.1770 F 617.924.2286 www.vhb.com \\�bldata\pr Je<ts\Wat-TS\155]B.00 Yarmouth Subdivision\dots\memos\Traffic Memo Update 8 22 docx Town of Yannouth Ref: 15578.00 August 11, 2022 Page 4 Table 2 Trip Generation Summary Site -Generated Trips a Weekday Daily Enter 83 Exit 83 Total 166 Weekday Morning Peak Hour Enter 3 Exit 9 Total 12 Weekday Evening Peak Hour Enter 10 Exit 6 Total 16 Saturday Daily Enter 72 Exit 72 144 ow ib. Memorandum Saturday Midday Peak Hour Enter 12 Exit 10 Total 22 a. Trip Generation estimate based ITE WC 210 (Single - Family Detached Housing) for 14 units. As shown in Table 2, the development is expected to generate approximately 12 trips (3 entering/ 9 exiting) during the weekday morning peak hour, 16 trips (10 entering/ 6 exiting) during the evening peak hour, and 22 trips (12 entering/ 10 exiting) during the Saturday midday peak hour. Sight Distance Access to the site is proposed via a single access driveway (Miracle Way) to Route 6A. Alternative access was also considered via the rear of the property to Eileen Street. Eileen Street intersects with Outward Reach Road which provides access to Route 6A. Both roadways are residential in nature. If access were solely provided from Eileen Street all site related traffic would be directed through existing residential streets. Under the proposed plan no access to Eileen Street is proposed and all site traffic would be directly to Route 6A thereby avoiding the existing residential neighborhood to the east. \\9bldata\projects\Wat-TS\155]0.00 Yarmouth Subdivision\dots\memos\Traffic Memo Update 0 22 docv Town of Yarmouth Ref: 15578.00 August 11, 2022 Page 5 �vhb. Memorandum VHB conducted a sight distance analysis, conforming to guidelines of the American Association of State Highway and Transportation Officials (AASHTO)a, at Route 6A at Hockanom Road and Route 6A at the location of the proposed site driveway. Sight distance is generally divided into two categories: Stopping Sight Distance (SSD) and Intersection Sight Distance (ISD). Stopping Sight Distance (SSD) is the distance required for a vehicle approaching an intersection from either direction to perceive, react and come to a complete stop before colliding with an object in the road, in this case the exiting vehicle from a driveway. In this respect, SSD can be considered as the minimum visibility criterion for the safe operation of an unsignalized intersection. Intersection Sight Distance (ISD) is based on the time required for perception, reaction and completion of the desired critical exiting maneuver once the driver on a minor street or driveway approach decided to execute the maneuver. Calculation for the critical ISD includes the time to (1) turn left, and to clear the half of the intersection without conflicting with the vehicles approaching from the left; and (2) accelerate to the operating speed of the roadway without causing approaching vehicles to unduly reduce their speed. In this context, ISD can be considered as a desirable visibility criterion for the safe operation of an unsignalized intersection. Essentially, while SSD is the minimum distance needed to avoid collisions, ISD is the minimum distance needed so that mainline motorists will not have to substantially reduce their speed due to turning vehicles. To maintain the safe operation of an unsignalized intersection, ISD only needs to be equal to the stopping sight distance, though it is desirable to meet ISD requirements by themselves. To calculate the required SSD and ISD at the proposed unsignalized Site driveway intersections, a 45miles-per-hour (mph) design speed was used based on the posted speed limit. Table 3 summarizes the sight distance analysis. Table 3 Sight Distance Analysis Summary Stoppincl Si ht Distance (ft) a Intersection Si ht Distance (ft) Traveling Required 1 Measured I Turnincl Desired Measured Route 6A at Proposed Site Eastbound 360 750± Left 500 730± Driveway Westbound 360 750± Right 430 750± Route 6A at Eastbound 360 840± Left 500 395± Hockanom Road Westbound 360 410± Right 430 900± Based on guidelines established in A Policy on the Geometric Design of Highways and Streets, Seventh Edition(2"0 Printing), American Association of State Highway and Transportation Officials (AASHTO), 2018 for a posted speed limit 45-mph. As shown in Table 3, the minimum stopping sight distance (SSD) A; + +; on sight distance at the proposed site driveway assuming that necessary clearing along the site frontage is conducted. A sight line diagram is provided in the attachments showing the area to cleared. 3 A Policy on the Geometric Design of Highways and Streets American Association of State Highway and Transportation Officials, 2011. \\gbldala\projecls\Wal-TS\155]B OO Yarmouth S�LdiWsion\don\memos\Traffic Memo Update 8 22 dxx Town of Yarmouth Ref: 15578.00 August 11; 2022 Page 6 At A(Aimenri Attachments �vhb Memorandum \\gbldata\projxis\Wa115\155]BOO Yarmouth Subdivision\dots\memos\T�a(bc Memo Update B 22 dax df ITE TRIP GENERATION WORKSHEET (11th Edition, Updated 2021) LANDUSE: Single -Family Detached Housing LANDUSE CODE: 210 Independent Variable -- Number of Units SETTINGILOCATION: General Urban / Suburban JOB NAME: 14 units JOB NUMBER: WEEKDAY Directional RATES: Total Trip Ends Independent Variable Range Distribution If Studies RA2 Average Law High Average Low High Enter Exit DAILY 174 0.95 9.43 4A5 22.61 246 10 24945 50% 50% AM PEAK (ADJACENT ST) 192 0.90 0.70 0.27 2.27 226 10 21945 26% 74% PM PEAK (ADJACENT ST) 208 0.92 0.94 0.35 2.98 248 10 21945 63% 37% TRIPS: DAILY AM PEAK (ADJACENT ST) PM PEAK (ADJACENT ST) BY AVERAGE BY REGRESSION Total Enter Exit Total Enter Exit 134 67 67 166 83 83 10 3 7 12 3 9 13 8 5 15 10 6 Directional RATES: Total Trip Ends Independent Variahle Range Dishibution I1 Studies R"2 Average Low High Average Low High Enter Exit DAILY 63 0.91 9.48 3.36 16.52 179 15 1,000 50% 50% PEAK OF GENERATOR 42 0.89 0.92 0.41 1.78 152 15 644 54% 46% TRIPS: DAILY PEAK OF GENERATOR BY AVERAGE BY REGRESSION Total Enter Exit Total Enter Exit 134 13 67 7 67 6 144 22 72 12 72 10 SUNDRY Directional RATES: Total Trip Ends Independent Variable Range Distrbugon If Studies R"2 Average Low High Average Low High Enter Exit DAILY 60 0.94 8.48 2.61 16.44 186 15 11000 50% 50% PEAK OF GENERATOR 40 0.92 0.83 0.36 1.67 163 15 644 53% 47% TRIPS: DAILY PEAK OF GENERATOR BY AVERAGE BY REGRESSION Total Enter Exil Total Enter Exil 120 12 60 6 60 5 54 1 16 27 8 27 8 Stopping Sight Distance and Intersection Sight Distance Calculator [vU.97] Based on 'A Policy on Geometric Design of Highways and Streets', AASHTO, 2004 Prole t Number: i . City/Town, State: Yarmout r MA Location: Route 6A at Site Driveway Major Street name: Route bA rafwa � Minor Street name: Site Dnvew'aY NB/SB Minor Street intersect; from the:lwa The minor streetpretlom/nant/y serves... �v.s�gerue Sigh distance location intersection is...—Pesra Total number of tarns on Mabr Sbhs Iraeet ,• Major Street Approach Grade: 0.00% EB 0.00% We Minor Street Approach Grade: 0.00% SB 0.00% NR Analyst: VNB Lbsesare0 bed in debi/on subspque�fpages. Asummary.. III: left turn from minor mad, from stop control Client B2: right turn from minor road, from slap control B3: crossing maneuver from minor road, from stop control, assuming left- and right turns are not permitted [otnervdm, case BT orB2 wouldsuper edel De Calculated... Condition Met? ... rSD, case B3: Soo Yes ... ISD, case B2: 430 Yes ... ISD, case 133: 430 Yes Pvlffi Obsenrd 45 EB 45 45 WB 45 - Intersection sigh[ distance is the distance that Is basal on the time required for perteptlon, reaction antl completion of the red the m exiting maneuver [nfor the a critical turn] once the he time i on a minor street approach [or a site tin half f the m .tda the maneuver. Calculation for the aiticai ]SD includes the time to [I] turn left, and m clear the near half of the saction without conflicting with the vehldes approaching from the [eft; and [2] upon taming left, to accelerate to the Ong speed on the roadway without casing approaching vehides on the main road to unduly reduce their speed. In this A LSD can be considered as a tleeirab/e visibility chterion for the safe operation of an unsignalized intersection. to perceive, be -Stopping sight distance is me tl�nce required for a vehitle approaching an intersection from either direction react, and come to a complete stop before colliding with the exiting vehiUe from a driveway. In this r spect, SSD can considered as the minimum visibility criterion for the safe operation of an unsignalized intersection. Limitima Factors: ISD Observed : 750 looking left [west] (rounded to nearest 5 feet) 730 locking right [east] observed S52: 750 traveling EB :MnunDera/bas ooaNam�a4orAgntla are s� proaWt the,runwp M/n/mum Calculated ... Contlif on Mete ... ISO, case 81: 360 Yes ... ISD, case 32: 360 Yes ... ISD, case S3: 360 Yes minimum M 9 arwrN,ryu6 ssry Calculated ... Condition Metz ._ SSD: 360 traveling ES Yes 360 Gaveling WS Yes s to AASHTO for 5petlflc gultlance on SSD and LSD If presented with an unuwal/atypical case. quote ISD Is rat nettled at Signalized inLPfSactlons, assuming traffic signal heads are visible On all approaches. object that would obstruct the drivels view should be removed or lowered, if practical. Such objects include buildings, red ors, highway structures, hedges/vegetation/trees/b shes/unmowed lawn, walls, fences, and terrain. LSD, an object should be considered an obstruction if It obstructs the vision of a driver whose eye height is 3.5 feet above th lway wrface and the object to be seen is IS feet above the surface of the intersecting road. se horizontal sight restrictions occur on downgrades, particularly at the ends of long downgrades, It Is desirable to provide that exceeds those values indicated above (refer to page 114 of AASNTO). lest r.wrea: xoos.oa.m \1pCltlelebrolecb\coal-Ts\155]a.o0 YermaNM1 Subtllvlelon\mcMTrefAc\slpM pMence�SO slha..y_Ismpn eY2 TOWN OF YARMOUTH Open Space Restriction and Easement Whereas, the Planning Board of the Town of Yarmouth, pursuant to Chapter 40A, Section 9 of the Massachusetts General Laws and Section 402 of the Zoning Bylaw of the Town of Yarmouth, has granted a Special Permit which requires that land designated Open Space in the development be specifically restricted in its use; and, Whereas, it is the intention of this grant to convey such restrictions over said Open Space which shall remain in perpetuity; and, Whereas, the preservation of open space is stated public purpose of the Town of Yarmouth, now, therefore, DeWitt P. Davenport, Trustee of Davenport Realty Trust, with an address of 20 North Main Street, South Yarmouth, MA 02664, referred to as "Grantor" for consideration paid and in consideration of an approval of a Residential Cluster Subdivision with Open Space, consisting -of a parcel of land, being shown on a Subdivision Plan entitled "Definitive Subdivision Plan of Land of the proposed Single -Family Cluster Development at Lot 2, Route 6A, Yarmouth Port, MA for The Davenport Companies", prepared by John M. O'Reilly, Y.L.S., of J.M. O'Reilly & Associates Inc., and dated February 18, 2022 and stamped March 15, 2022, which plan is recorded at Plan Book Page , and its successors in interest shall ensure that all "Open Space" Lots on said plan shall be preserved for common use and enjoyment of the owners for passive recreational purposes and conservation. The restrictions upon the said Open Space lot(s), as required by the Yarmouth Zoning By-laws and herein mentioned Residential Cluster Subdivision shall be enforced by Miracle Way Homeowner's Association, Inc., its successors in interest, home owner's association, property owners or by the Town of Yarmouth. In order to ensure that said Open Space Lot shall be kept in an open and natural state and not be built upon for residential use or developed for accessory uses, such as parking or roadway, the Grantor hereby agrees that: A. Except a set forth in Paragraph B, neither the Grantor nor his successors or assigns will perform or give permission to others to perform the following acts or uses on the premises: 1. Paving or construction for road or parking purposes unless shown on the approved definitive plan; 2. Construction or placing of any buildings, permanently affixed mobile homes, signs, billboards, septic systems or other advertising, utilities or other structures on or above the ground; 3. Dumping or placing of soil or other substances on the ground as landfill, or dumping or placing of trash, waste or unsightly or offensive materials; 1 4. No trees, grasses or other vegetation on the premises shall be cut, removed or otherwise destroyed, except for the selective clearing of shrubbery, trees and other vegetation for the purposes of beautification and maintenance of vistas which has obtained approval from the Conservation Commission; 5. Excavation or• dredging or removal of loam, peat, gravel, soil, rock or• other material substance or natural deposit in such a manner as to affect the surface of the premises except for the purposes of beautification and maintenance of walkways and vistas which has obtained approval from the Conservation Commission; 6. Use of the premises except for passive recreational purposes, or purposes which do not alter the premises in its natural condition; 7. Activities detrimental to drainage, flood control, water or soil conservation, or erosion control; or _.._ _......2 8. Other acts or uses'detriniental to the preservation of theveraises in its prescm natural condition, 9. No use shall be Tirade of the premises and no activity thereon shall be allowed which is or may become inconsistent with the intent of this grant, being the preservation of the premises predominantly in their present condition, the protection of the envirornrrental systems and scenic enjoyment. 10. Notwithstanding the above; the Open Space is subject to rights of others to the 180 foot wide easement to the New Bedford Gas & Edison Light Company, nWa Cape & Vineyard Electric Company, and a Water Easement to the Town of Yarmouth; both as shown on a plan recorded in Plan Book 326, Page 22. Neither the owner of the Property, the Homeowner's Association, nor their successors in interest will be responsible for the maintenance, repair and/or replacement of facilities therein noted. B. The provisions of Paragraph A. notwithstanding, the following uses and activities shall be Allowed on the premises only after appropriate permitting by the Yarmouth Conservation Commission: 1. The creation of walking paths, riding trails or bicycle paths for the use of the Open Space Development residents for recreational use; 2. Any active or passive recreational or conservation purposes as may be permitted by the Planning Board and Conservation Commission of the Town of Yarmouth; 3. Such other recreational or conservational purposes as may be permitted by the Planning Board and Conservation Commission of the Town of Yarmouth, evidence of which shall be the recording of a modification of the Special Permit permitting such uses; 4. Any farming, agriculture, horticulture, silviculture, forestry and/or park use; and 5. Cultivation or harvesting of crops, flowers and hay; the planting of trees and shrubs and mowing of grasses; and the construction and maintenance of fences or other common elements necessary in conjunction therewith; 6. Landscaping, excavating and filling, well -digging, removal or cutting of vegetation, creation of paths, installation of utilities, fencing and plowing, provided that such activities are normally associated with the permitted uses in Paragraphs 1 through 5 above. 7. Such other changes or• activities requested by the grantor and expressly consented to by the Grantee as are consistent with the purpose of this restriction. The Miracle Way Homeowner's Association, Inc., its successors in interest, agree to be responsible for the operation and maintenance of the private roadways, including catch basins, and other facilities located in the Open Space or Association property, including any utilities drainage systems, landscaping, slope easements, drainage easements, sewer easements, slope easements and sight easements which are not located on any Lot designated on the Plan. Any and all costs and fees for the maintenance and replacement of these systems shall be shared equally by the owners of the 14 Lots. Any maintenance and/or repair of drainage swales and/or drywells, including periodic cleaning, located on a Lot shall be the sole responsibility of the owner of said Lot. Any and all taxes imposed on Open Space and roads shall be shared equally by the owners of the 14 lots. ......... ;>s>:: This open space restriction -easement does not grant publie�Ccess 2his property exceptfor those as described above. ' _< ryy; This restriction shall be binding upon and may be enforced against the Grantor and his fOrs, successors and assigns by the Grantee as holder of this restriction and all references herein to the Grantor and Grantees shall include reference to their respective successors and assigns. This conservation restriction shall be in addition to and not in lieu of any restrictions or easements of record. For title reference see the Deed recorded at Book ,Page Witness my hand and seal this day of June, 2022. Davenport Realty Trust DeWittt P. Davenport, Trustee COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. PROTECTIVE COVENANTS, RESTRICTIONS, RIGHTS AND RESERVATIONS GOVERNING " SUBDIVISION" A RESIDENTIAL CLUSTER SUBDIVISION IN YARMOUTH (PORT), MASSACHUSETTS Whereas, DeWitt P. Davenport, Trustee of Davenport Realty Trust, with an address of 20 North Main Street, South Yarmouth, MA 02664 (hereinafter referred to as the "Grantor") and Christian Davenport, President and Treasurer of the Miracle Way Homeowner's Association, Inc., (hereinafter referred to as the "M)WHA" or Corporation) recorded herewith are the owners in fee of land located in Yarmouth (Port), Massachusetts, being shown on a as Lots 1 through and including 14, including and the fee in Academy Hill Lane, all as shown on a Subdivision Plan entitled "Definitive Subdivision Plan of Land of the proposed Single -Family Cluster Development at Lot 2, Route 6A, Yarmouth Port, MA for The Davenport Companies", prepared by John M. O'Reilly, P.L.S., of J.M. O'Reilly & Associates Inc., and is dated February 18, 2022 and stamped March 15, 2022, which plan is recorded at Plan Book Page Whereas, it is the intention of the Grantor to create an area designated on said plan above noted in Yarmouth (Port) as aforesaid as a desirable Residential Cluster Subdivision, with Open, Space, residential community for the lots in the subdivisions; to encourage the erection of attractive homes properly designed; to secure proper and pleasing site development and to assure Ojh high quality of community appearance; and, Now therefore, to protect and preserve the naturalrbeauty and scenic view and to create a'' desirable residential community and to appreciate the value of all lots on said plan for the mutual enjoyment and privacy of all those presently owned and to be conveyed to the future lot owners, Grantor does voluntarily impose the following restrictions, conditions, reservations and rights to be applicable to all buildinglots (the "Lots") as shown on said plan; which said restrictions, conditions, reservations and rights shall run with the land and be binding on all parties having hereinafter having any right, title or interest in said premises. SECTION ONE ADMINISTRATION Grantor, or a single designated successor or assigns, reserves the right to release, waive, modify, or amend the reshictions set forth in Section 2 of this document, in whole or in part, in any manner he may determine shall be for the benefit of the area; provided, however that no modification or amendment which is more restrictive shall be effective without prior written approval of the Lot owner or its successor or assign of each lot effected. Further DeWitt P. Davenport, MWHA or their successors shall be the sole judge as to the properness of the waiver, modification or amendment of the restrictions and shall not be under any legal obligation to notify the lot owners in advance of such change. 2. Grantor is hereby granted the right to assign all or any portion or its rights, powers and/or duties under these reshictions except as provided in paragraph one above, to the MWHA, Page 1 of 7 being the corporation established for the benefit of the homeowners association or any other agent of said MWHA's choosing acting under said Corporation or independently thereof, any such assignment to be in writing with the successor or assignee accepting the same and duly recorded in the Barnstable County Registry of Deeds. DeWitt P. Davenport, MWHA, or its designated successor or assign, including the homeowner's association, shall have the right to charge appropriate fees to cover reasonable expenses incurred in connection with preparation of documents and instruments necessitated by the general administration of the Protective Covenants and related matters. 4. Enforcement shall be proceeding in law or equity against any person or persons violating or attempting to violate any covenants either to restrain violation or to recover damage. 5. Invalidation of any one of these covenants by judgment or court order shall in no way effect any of the other provisions which shall remain in full force and effect. SECTION TWO RESTRICTIONS 1. Said land shall be divided into no more than fourteen (14) buildable lots, with additional lots set aside as "Open Space". No changes to said plan shall be allowed without the Grantor's permission. 2. No lot shall be further subdivided unless it is for the purpose of creating sufficient setbacks from the dimensional requirements of the Town of Yarmouth Zoning By Law of for the purpose of creating buffers between lots and provided that said change is consistent with Paragraph numbered 3 of the Open Space Deed, 3. Said land shall be used only for residential purposes. No business, trade, professional, or agricultural use shall be conducted on any lot or any part whatsoever of said land. 4. No building or structure shall be erected on any lot except one single family dwelling containing no less than 800 square feet (excluding garage) of first floor ng space for "ranch" style or 600 square feet (excluding garage) of first floor living space for 1 %2 or 2 story house as specified in Paragraph #5. Accessory structures which are customary and incidental to the main dwelling will be permitted with the prior written consent of Grantor. 5. No dwelling, structure, or other improvement shall be erected, placed, altered, or maintained on the premises until building plans showing the exterior design and minimum square footage of the dwelling and other structures and including fencing, accessory building, swimming pool, landscaping, or other improvements, have been approved in writing by Grantor, or his assigns, said approval to be given suitable for recording at the Barnstable Registry of Deeds. Page 2 of 7 6. Exterior of any building erected and the landscaping and grading in connection therewith shall be completed within twelve months after commencement of construction. No house constructed on any lot is to be occupied until the exterior of the building is complete. 7. No clotheslines, drying yards, rubbish or waste cans shall be placed outdoors except if screened from the view of adjoining property or street by a fence, hedge or other similar enclosure. 8. No metal buildings, trailers, mobile homes, portable houses or tents or other temporary structures shall be erected, parked or maintained on the premises. No unregistered motor vehicles, commercial vehicles, except small vans and pick-up trucks or construction equipment shall be stored, or parked, where they may be exposed to the public view or seen from adjacent property except as required during construction, grading and landscaping. 9. No noxious or offensive activity shall be carried out upon any property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 10. No signs shall be permitted an any lot except for one sign not over 1 and Y2 square feet in area indicating the owner's name or identifying their property. 11. No animals or fowl of any kind shall be kept or maintained on any lot, domestic household pets excepted. Fowl, kenneled, stabled or caged animals of every nature are prohibited at all times, and noj!commercial breeding of domestic or household pets shall FI be permitted. 12. The structures and grounds on each-L t. lding lot shall be maintained in a neat attractive manner. No garbage,'iefuse, rubbish or cutting shall be deposited on any street, road, sidewalk, or open space area, and not on any lot unless placed in a suitable container or stored in such a manner as not to be seen from the street or adjacent property. 13. The lot owners, upon completion of any shucture built upon the premises, shall pine - needle, sod or seed, or bark mulch all disturbed soil, and any driveway placed on the premises shall be surfaced with hot -top, crushed stone, or other commonly used surfacing material, it being the intent of this provision that there shall be no dirt driveways on the premises. 14. The MWIIA may appoint or delegate an agent, corporation or association to carry out any and all the foregoing restrictions as to enforcement, approval, privileges', rights and other matters, said appointment to be in writing duly recorded or registered in the Registry of Deeds for Barnstable County. 15. These general restrictions and conditions as set forth herein are supplemental and complementary to the zoning requirements of the Town of Yarmouth, provided, however, Page 3 of 7 that no variance by the Town of Yarmouth shall in any way be construed to reduce the restrictive requirements as set forth herein. ME mine event of any breach of the foregoing restrictions, the Grantor or the MWHA, their successors or assigns, shall have the right to proceed at law or in equity to recover damages, or to compel compliance with the terms hereof, and further shall have the right to enter upon any lot and abate and remove, at the breaching party's expense, any erection of work that may be thereon contrary to the interest of these restrictions, without being deemed guilty in any manner of trespass; however, if no action shall have been commenced and notice thereof filed with the Barnstable County Registry of Deeds prior to the issuance of an occupancy permit for any building, structure, tennis court, platform tennis court, swimming pool or other improvement, addition, or landscaping, the same shall then be conclusively deemed to be in compliance with these restrictions. The invalidation by any court of any restrictions herein contained shall not in any way affect any of the other restrictions herein contained shall not in any way affect any of the other restrictions which shall remain in full force and effect. 117. By acceptance of a Deed to any of the lots shown on the aforementioned Plan in Plan Book Page , the lot owner for himself, herself or themselves, their heirs, executors, administrators, successors and assigns; agrees to become a member of the homeowners association which association consists of the owners holding a beneficial Ar interest in the MWHA and to pay an annual assessment to be a proportion of the actual annual costs of the maintenance, repair, taxes and improvement assessments or expenses incurred on any of the ways, recreation and common areas; and lots designated as Open Space. PAPA. Jd . A.., SECTION THREE ' MANAGEMENT OF PRIVATE ROADS 1. Grantor, or his designated successor or assign, shall have the right to manage and control the private roads as to type and conduct of haffic that shall be allowed and as to type and extent of security and policing 2. Grantor, shall have the right to grant others easements for the installations, maintenance, repair and replacement of utilities, including without limitation the generality of the foregoing, sewer, water, electric, telephone and cable television lines and related equipment, in, over, upon or under the streets and ways and strips of land ten feet in width adjoining said ways as shown on said plan or as said ways relocated. Reserving however, to the grantor the title to all public utilities on said premises and private ways. 3. Grantor, or designated successor or assign, reserves the right to make such cuts and fills as may be necessary to grade the roads or rights of way in front of land and adjoining any lot in accordance with such grades as may be established road grades, provided that due care and diligence be exercised to avoid injury to the terrain, trees or improvements on any lot except to such extent as may be absolutely necessary. For such changes, no Page 4 of 7 liability shall be incurred by Grantor, or designated successor or assign, and no claim for compensation shall arise in connection therewith. 4. Grantor, or his designated successor or assign reserves the right, without compensation to any lot owner, at any time, or from time to time, to dedicated to the public use, as public roads or highways, or to convey to the Town of Yarmouth, the fee simple of any part of or all of the private roads on the Plan. SECTION FOUR DEDICATION OF EASEMENT TO PRIVATE ROADS 1. Grantor, subject to the rights, reservations, terms and conditions set forth above hereby dedicates the portions of Miracle Way and Faith Road Lane to any future lot owner, their successors, assigns, invitees and guests regardless of whether the ownership is registered or unregistered, for use as private road ways to be shared in common with all other lots owners for all purposes for which roadways are commonly used in the Town of Yarmouth but reserving to the Grantor the right to use said ways for all of such purposes. as well as the right to grant to others the use said ways and to relocate said ways, provided said relocation does not encroach on said lot or prevent the owner of said lot from reaching a pubic way. Said reservation in favor of the Grantor, includes the right to locate ways within the open space shown on said plan subject to Planning Board approval in order to connect said ways to adjoining land, if any, which the Grantor may now or herein after acquire. 2. By acceptance of a deed to any lots shown on the aforementioned Plan in Plan Book Page the lot owner for himself, herself or themselves, their heirs, executors, administrators, successors and assigns, agrees to the dedication of Easement in the private roadways, on the Plan subject to the rights, reservations, terms and conditions mp set forth above. Page 5 of 7 Executed as a sealed instrument this day of June, 2022. Davenport Realty Trust DeWitt P. ILA Trustee COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,SS. On this day of June, 2022, before me, the undersigned notary public, personally appeared DeWitt P. Davenport, proved to me through satisfactory evidence of identification, namely a Massachusetts Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that lie sighed it voluntarily for its stated purpose as Trustee of Davenport Realty Trust, Notary Public My, Commission Expires: SEAL HERE Page 6 of 7 Executed as a sealed instrument this day of June, 2022, Miracle Way Homeowner's Association, hie. Christian Davenport, President and Treasurer COMMONWEALTH OF MASSACHUSETTS On this day.. of June, 2022, before me, the undersigned notary pixblic, personally appeared Christian Davenport, proved to me through satisfactory evidence of identification, namely a Massachusetts Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for stated purpose as President and Treasurer of Miracle Way Homeowner's Association, Inc, Notary Public My Commission Expires: SEAL HERE Page 7 of 7 NEW ENGLAND WETLAND PLANTS, INC 820 WEST STREET, AMHERST, MA 01002 PHONE:413-548-8000 FAX413-549-4000 EMAIL: INFO@NEWP.COM WEB ADDRESS:WWW.NEWP.COM New England Erosion Control/Restoration Mix For Detention Basins and Moist Sites Botanical Name Common Name Indicator Elymus riparius Riverbank Wild Rye FACW Schizachyrium scoparium Little Bluestein FACU Fesluca rubra Red Fescue FACU Andropogon gerardii Big Bluestem FAC Panicum virgalunr Switch Grass FAC Vernonia noveboracensis New York Ironweed FACW+ Agroslis perennans Upland Bentgrass FACU Bidens frondosa Beggar Ticks FACW Eupalorium maculatum (Eurrochium maculalum) Spotted Joe Pye Weed OBL Eupalorium peifolialum Boneset FACW Aster novae-angliae (Symphyou•ichum novae-anglia New England Aster FACW- Schpus cyperimrs Wool Grass FACW Juncus ejfusus Soft Rush FACW+ PRICE PER LB. $37.00 MIN. QUANITY 3 LBS. TOTAL: $111.00 APPLY: 35 LBS/ACRE :1250 sq ft/Ib The New England Erosion Control/Restoration Mix for Detention Basins and Moist Sites contains a selection of native grasses and wildflowers designed to colonize generally moist, recently disturbed sites where quick growth of vegetation is desired to stabilize the soil surface. It is an appropriate seed mix for ecologically sensitive restorations that require stabilization as well as long-term establishment of native vegetation. This mix is particularly appropriate for detention basins that do not hold standing water. Many of the plants in this mix can tolerate infrequent inundation, but not constant flooding. The mix may be applied by hand, by mechanical spreader, or by hydro - seeder. After sowing, lightly rake, roll or cultipack to insure good seed -to -soil contact. Best results are obtained with a Spring or late Summer seeding. Late Fall and Winter dormant seeding requires an increase in the application rate. A light mulching of clean, weed -free straw is recommended New England Wetland Plants, Inc. may modify seed mixes at any time depending upon seed availability. The design criteria and ecological function of the mix will remain unchanged. Price is $/bulk pound, FOB warehouse, Plus SH and applicable taxes.