HomeMy WebLinkAboutAppeal 2268 Site Plan Review and Follow-Up January-July 19861
Y w ° Mfp: YAROUTH FIRE DEPARTMENT
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96 Main Street
tbanoeAnot;°662? South Yarmouth, Massachusetts 02664
617-398-2212
To:Site Plan Review Team and The Board of Appeals
for The Green/Oak Fa-rbour, Inc. ,
Kings Way, Yarmouth
From: Deputy Chief William A. Greene, Jr.
Subject: Comments for July 1 Site Plan Review
Date: July 1, 1986
I have met with Norman Grossman, David Oman and several project reps
for The Green Company. Please find enclosed, copies of correspondence
received by the Yarmouth Fire Department dated June 2 and June 6, in regard
to the proposed Phase I construction.
The Yarmouth Fire Department has made several requests of The Green
Company and in regard to this phase only, we are most pleased to accept the
additional fire protection and safety precautions that have been put forth,
and feel that the requirement for rear access to the buildings in Phase I
can be deleted.
We have requested that serious consideration be given to a total
sprinkler system in the 24—unit garden apartment building and it is our
understanding that The Green Company will pursue this area. We will waive
no requirements of the State Building Code, Fire Code, or Local Codes and
Rulings in regard to other phases of construction.
wag/ms
Enclosures
The Green Company, Inc.
70 East Falmouth Highway
East Falmouth,
Massachusetts 02536
617)548-8823
June 6, 1986
Deputy Chief, William Greene
Yarmouth Fire Department
Old Main Street
S. Yarmouth, MA 02664
Dear Bill:
In response to our discussion at a meeting on June 5th, relative to a
building permit requirement about supplying water and a hydrant for
our proposed construction, we will do the following.
1. We would make accessible, for your fire fighting equipment, a
driveable access area, from the end of Canterbury Road to our
proposed first phase to be used during the time it takes to install
the required 12" watermain and hydrants.
2. We will construct Oak Harbour Circle from its present termination
to Phase I, but cutting and filling that portion of the road to
subgrade and making it passable.
3. We will start the installation of the 12" watermain from its
termination on Oak Harbour Circle to the entrance road for Phase
I, as soon as it is approved.
4. We will install the required hydrants on the proposed 12" main,
installing at least one (1) hydrant at the entrance of our proposed
driveway.
It is my best estimate, at this time, that we can subgrade and make
passable Oak Harbour Circle, and install the watermains required in
a timeframe not to exceed two months from the time I get permission
from the regulatory agencies in The Town of Yarmouth.
If this meets with your approval, I would appreciate it if you would
notify the proper authorities, in writing, of your approval of the above
mentioned conditions.
Very truly yours,
Norman Grossman
Vice President, Planning and Engineering
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The Green Company, Inc.
70 East Falmouth Highway
East Falmouth,
Massachusetts 02536
617)548-8823
June 2, 1986
Deputy Chief, William Greene
Yarmouth Fire Department
Old Main Street
S. Yarmouth, MA 02664
Re: Oak Harbour
Enclosed is the list of items that we discussed we would do
in the Garden Apartment Buildings (24 units per building).
It is understood that additional information will be submitted
with more detail, as soon as possible, either by letter or on
plans to be submitted.
It was further understood that because of the above agreed
upon additional fire protection (and other items on the enclosed
list), you would prepare a letter to be submitted to the
Yarmouth ZBA requesting they eliminate from the special
permit, item #8, the requirement that emergency access
be available to the rears of all the proposed buildings.
Thank you for your consideration and assistance in this matter.
Very truly your,
Norman Grossman, P.E., R.L.S.
Vice President
Planning and Engineering
NG:jc
Enclosure
Deputy Chief, William Greene
Yarmouth Fire Department
June 2, 1986
Re: Oak Harbour
Garden Apartment Buildings
1. Sprinklers in hallways and one (1) sprinkler head per stairway, perfloor, location to be determined (wet or dry system to be determined).
2. Larger elevator cabs (5'x7').
3. Fire alarm pull stations (as per code). w trN dloAA/S (I N4L }-r A7
s-rsafne )4t -)
4. Four-zone - fire detection system, one (1) per floor (as per code).
5. Individual warning buzzers in each unit.
6. Sprinkler system in garage ceiling (dry system) and other areas where
required by code.
7. One (1) heat detector per unit (as per code).
8. Individual unit smoke detection system (as per code).
9. Fire rating protection systems (framing as per code).
10. Ambulance access to front door of Garden Apartment Building.
11. Standpipes (2+" diameter in one stairway) with 12" hose connection
one per floor in stairway).
12. Standard hallway fire prevention protectors (heat and/or smoke where
agreed upon).
13. Water supply system to be designed in conjunction with Town of
Yarmouth Water Department.
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1: 00 & 1:45 P.M. PARCEL k
DATE: DECEMBER 17, 1989 FIVE SETS OF PLANS SUBMITTED: YES KKX NO
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SIGNED- READ AND RECEIVED BY APPLICANT
BUILDING DEPT:
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BOARD OF HEALTH: ,I-N)
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WATER DEPT:
EXHIBIT A
TOWN OF YARMOUTH
BOARD OF APPEALS
This petition is submitted to the Yarmouth Board of Appeals
by The Green Company, Inc . , a Massachusetts corporation having
a usual place of business in Newton, Massachusetts (hereinafter
called Green) , seeking modification and supplementation, in the
respects and subject to the conditions hereinafter specified,
of the special permit and related variances , granted by the
Yarmouth Board of Appeals in its decisions of October 16 , 1975 ,
upon petition of Oak Harbour Associates , the original
petitioner , and extended by the Board of Appeals in its
decision of April 13 , 1984 , upon petition of Light House
Associates , a prior successor to the original petitioner , all
hereinafter collectively referred to as the Extant Decision.
Said Extant Decision granted a Special Permit for open
space village development , and related variances , for a
project , on a parcel of land containing approximately 194 acres
on the north side of Route 6A, known and hereinafter referred
to as the Oak Harbour premises , ( the "Premises" ) to comprise
not more than 750 dwelling units , garage-sto •. age sheds , a
community center complex, a gate house, and additional
specified maintenance, utility, service, recreational ,
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accessory and other facilities and Features , all upon the terms
and conditions set forth in said Extant Decision .
I . The facts pertinent to this petition and the
modifications and supplements to the Extant Decision herein
applied for are, briefly stated, as follows :
A. The Extant Decision made all necessary findings ,
and granted the special permit and variances , with respect to
the Project described and defined in the proposal and plans
submitted by the original petitioner , and made specific
reference to such plans in a number of respects , including :
a) the allocation of particular lots to purposes of dwelling
units , open space, sewage treatment facilities , and various
other service facilities ; and (b) the allocation of ground
coverage areas and building height to the community center
complex of interconnected buildings and various other service
facilities .
The Extant Decision provides , 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 consequer.cly that the Board
imposes "the condition that all buildings as eventually sited
on the various lots must comply with the provisions of
paragraph 4-C [of Section 18 : 07 of the applicable zoning
by-law] . . . " ; and also provides that the Board makes : "no
findings or decision as to the particular lots or the order 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.
Furthermore, the Extant Decision provides that the
special permit shall run with the land and that all building
permits for the project shall be applied for within a specified
period , which has been extended by the decision of April 13 ,
1984 , to October 16 , 1990 , subject to the possibility of
application for and approval of further extension .
As recognized in said decisions granting extensions of
time, a substantial start on the project was made by the
construction of the first condominium phase of 19 units and
partial construction of Oak Harbour Circle, and substantial
sums have been invested in planning of further development .
B . Light House Associates and Green have entered
into an agreement pursuant to which Green is to acquire,
subject to fulfillment of certain condition.- set forth in said
agreement , all of the right , title and interest of Light House
Associates in and to the Premises and all rights and easements
appurtenant thereto , and the Extant Decision. Pursuant to said
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agreement and for the purpose of proceeding with the project in
a sound and economically feasible manner , Green has itself
engaged new professional planning consultants and expended
substantial additional sums for the purpose of planning all
additional phases of development , housing types suitable for an
aging population, a community center cluster suitable for
retirement housing , open space to meet esthetic and
conservation requirements , a golf course conforming to the
requirements of sound land use planning and the needs of aging
residents , and other related amenities and service facilities ,
including sewage disposal treatment in accordance with
currently available technology.
C . In order to accommodate prevailing circumstances ,
market demand for housing , and particularly retirement housing ,
architectural design considerations , land use, golf course
planning and conservation considerations , financing
requirements , and the delay which has occurred in connection
with continuing construction of the Project after the existing
first phase, and in order to afford improved planning and
design, Green has prepared, and hereby proposes to the Board of
Appeals for approval and other appropriate action, certain
revisions of the proposals and plans origin,- ily submitted by
Oak Harbour Associates .
4-
II . In support of this application Green respectfully
submits herewith as follows :
A. All of the plans , drawings , studies , reports and
analyses which were submitted to the Board of Appeals by Oak
Harbour Associates in relation to its application upon which
the Extant Decision was issued are and remain applicable,
pertinent and effective with respect to the Project as herein
proposed to be modified and supplemented, and are not in
themselves in need of any modification or supplementation
except as may be specifically shown or set forth in or on
plans , drawings and data herewith submitted by Green as
referred to in the following paragraph B .
B . The plans and drawings , data and documents , newly
prepared by and on behalf of Green, specified in Exhibit A
attached hereto and made a part hereof (herein collectively
called Green ' s Plans , as the same may hereafter be
supplemented) , show and set forth developmental concepts and
forms of the modifications and supplementation which are
proposed by Green for the Project .
C . All of the requirements of the-; applicable Zoning
ByLaw of the Town of Yarmouth and of the Extant Decision for
the actions and decision sought hereby are duly and properly
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met and fulfilled by the data set forth herein and in said
submissions specified in said Exhibit A.
D. In particular, Green ' s Plans show and provide for
the following :
1) An open space village development comprising
not more than 750 dwelling units ( including the 19 dwelling
units which 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 Extant
Decision and in compliance with the provisions of Section 18 : 07
of the applicable Zoning By-Law.
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 Extant 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 each parcel designated for dwel : ing unit
purposes , subject to the further limitation of 750 dwelling
units ( less than the 19 units already built) which may be in
the aggregate on all such lots , in several developmental
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9
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 Extant 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 aggregate complying with the
requirements set forth in the Extant Decision; (viii ) enclosed
connecting walkways between buildings containing dwelling units
intended for retirement housing and the community center
complex, and ( ix) a "pro shop" for the golf course not attached
to the community center . .
III . In order to confirm and continue in effect , as
appropriate, and to modify, supplement and establish, as
appropriate, the site plan approval , special permits , variances
and approvals which are requisite and desirable for the
Project, as modified and supplemented as hereinbefore set
forth, Green hereby specifically applies for and requests the
following pursuant to applicable provisions •,f the Zoning
By-Law and the Extant Decision, to wit :
ICAO al '
eVvl/
A. Approval of 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 of development as proposed by the
petitioner .
B. Approval of the revised lot plan and of the
reallocation of use designations of lots shown thereon in
accordance with Green ' s Plans and data and proposals submitted
by Green.
C. Approval of the proposed open space as shown on
Green ' s Plans and of a golf course layout as shown thereon.
D. Approval of Green ' 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.
E. Approval of the connection by enclosed walkways
of buildings containing retirement housing t ) the community
center complex.
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F. Approval of the type of community center complex
proposed by Green, including modification of building
configurations and ground coverage, modification of the
allocations of space among the various functions, and
separation of the golf course "pro shop" to a separate building .
G . Insofar as the location and configuration of the
community center complex, the sewage treatment and disposal
facilities and other utility, recreational , service and
accessory facilities are governed by provisions of variances
included in the Extant Decision, modification and reissuance of
such variances so as to approve and permit the locations and
configurations of all such facilities as shown on Green ' s
Plans , as the same may hereafter be supplemented .
Respectfully submitted this ' day of December, 1985 .
THE GREEN COMPANY, INC.
By
Its Presi n
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9-
Exhibit "A"
1. Tabulation of Lot Areas and Uses
2. Community Buildings
3. Conceptual Site Plan
4. Proposed Subdivision Plan
5. Open Space Comparison Plan
6. Conceptual Utilities Plan
v ,_ j 33
Green Plans - Tabulation of LotOakHarbour
Areas and Uses
Area in MaximumLotNo.Acres Use No. of Units*
50 2 . 20 Service,Sewer Treatment Plant none514 . 12 Housing 40
52 2 . 56 Housing 19 (existing)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
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
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 .
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OR $ ` -)
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OAK HARBOUR GREEN PLANS - COMMUNITY BUILDING
In order to accommodate the needs of Retirement Housing
residents for ease of access to community facilities comprising
community center complex, 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,
EXHIBIT B
All sheets and lots as described in the original specialpermitandvariance; and Sheet 120, lots, R1, R2, R13, 8, E3, E4,E5, 9, R10, E6, All, Al2, A13, A14, A31, A32, A33, 34, 35, E7,E8A, E9A, E10, Ell, E12, I, 22, 23, 24, 25, 26.
Sheet 127, lots Z31, Z30, M16, M17, Z15.
Sheet 128 , lots P29, R28 , M27, S26, T25, T24, T23, G22, G21,A20, A19, A18;
and/or other sheets and lots as may be on the amended records oftheofficeofassessors.
giAlt If TiTe,
APFI,1CANI : Green/Oak Harbour, Inc.
LOCATION:_Kings Way T,`;' t . '); , t,,,1 t 25
Yarport.
PAPCI:L, t 119, 120, 127, 128
134
DATE: July 1, 1986 FIVE SETS OF PLANS SUBMITTED: YES g NC)
PEF:(C
SONS PRESENT AT REVIEW HEARING:
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SIGNED:
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READ NIP PFCF,I\`:r fly AT'T'I,i_7.,,,Pkio, pert, l ' i
BUILDING DEPT:
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ENGINEERING DEPT:
FIRE DEPT:Xigi.(--e ,./ (11-6/ ''.--/ A-"--- ----t-,(---
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014.1(11,
04.TOWN OF YARMOUTH
A\1[-IE IDIEI A\RTMIEN1f
MATTA N Sj
102 UNION STREET
YARMOUTH PORT. MASS. 02675
WATER COMMISSIONERS THE BOARD OF WATER COMMISSIONERS MEETS EVERY MONDAY
FREDERICK J.THACHER AT 7:30 P.M.AT UNION STREET OFFICE
THOMAS E.KELLEY
MARK S.GALKOWSKI
MEMOSUPERINTENDENT
PAUL WILSON
TO: Board of Appeals
FROM: Paul A. Wilson, Superintendent // c GJ o----
SUBJECT: Appeal No. 2268
YY""
Oak Harbour
DATE: January 10, 1986
Water is available for this project. The developer will be required to
conform with the Water Department's practices and procedures for the
installation of the water mains and water service connections. Further,
all legal requirements will be completed satisfactory to the Water Department.
Thank you.
cc: File
OF i4 TOWN OF YARMOUTH
O _ ! _ y PLANNING BOARD
MATTACH ESE
hZe
6,
9
SOUTH YARMOUTH MASSACHUSETTS 02664
MEMO
TO: Board of Appeals
FROM: James A. Robertson Q,k2/6
Chairman, Planning Boar
RE: Petition #2268 - The Green Company, Inc.
DATE: January 23, 1986
The Planning Board has no comment regarding the aforementioned petition.
ck
OF.Y` ,
o,, TOWN OF YARMOUTH
1,- y,SOUTH YARMOUTH MASSACHUSETTS 02664MATTACIHES •
wRATEob '.
BOARD OF HEALTH
MEMO
To: Board of Appeals
From: Bruce Murphy, Health Agent '
Re: 2268
Oak Harbor
Date : January 10 , 1986
On January 6 , 1986 the Board of Health heard the appli-cant' s presentation regarding the above. The Board of Healthwillrequiretheboard' s consultant' s review and comment on theapplicant' s sewage treatment facility. The Board also discus-
sed the regulation that sewage flow may not exceed 10 , 000 gal-lons per day per lot. This matter will require additional
Board of Health meetings along with the questions of sewage
facilities to be on the lot they serve and review of the groundwaterdischargepermit, along with the number of building per-mits to be issued per phase.
One other item discussed was if the golf course well with-drawal will affect the Town ' s public supply well Zone of Con-tribution.
cc: David Oman, Construction Manager
Norman Grossman, P.E. , Green Companyfile
of
CONSERVATION COMMISSION
MATTACH ESE 4-'TOWN OF YARMOUTH s^ SOUTH YARMOUTH, MASSACHUSETTS 02664aL/NOORPOitATEO`'39.
a. J
M E M 0
TO: Appeals Board
FROM: Conservation Commission
3U JECT: Appeal #2268 — The Green Company, Oak Harbour
DATE: January 23, 1986
A filing will be required only if activities are contemplatedwithin100feetofthevegetatedwetland, which would be underthejurisdictionoftheConservationCommission.
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