Decision 3646 Original November 15, 2001 TOWN OF YARMOUTH
pF.Y44 BOARD OF APPEALS 703
•. . 14 e OC DECISION
0 .- 4sedkiy COMPREHENSIVE PERMIT
` MATT P1 £.SE J�' I .. -
FILED WITH TOWN CLERK: November 15, 2001
PETITION: #3646 (Pursuant to Decision entered 10/25/01 upon Stipulation
of the parties - HAC #01-04)
HEARING DATES: October 5,November 9 & 30, December 7 & 11, 2000, & January
8, 17, & 25, 2001
PETITIONER: The Villages at Camp Street, LLC
PROPERTY: Camp Street, West Yarmouth
Map #44, Lots 16,17,18,19,20,21; Map#53 Lots 1,2,3,4 and 5
Zoning District: R-25
MEMBERS PRESENT AND VOTING: David Reid, Chairman, James Robertson, John
Richards, Dianne Moudouris, Joseph Sarnosky, with Richard St. George and Robert Reed as
available alternates. [Mr. Reed and Mr. Robertson did not participate in the final vote]
I PETITIONER
The Petitioner, The Villages at Camp Street, LLC, is a limited liability company, with an address
at c/o The Launie Group, Ltd., 13 Heather Drive, Milton, MA 02186, Attention: John R. Launie,
Jr. The Project is referred to as The Villages at Camp Street.
II RELIEF REQUESTED
The Petitioner has applied for the issuance of a Comprehensive Permit pursuant to M.G.L.
Chapter 40B, Section 20 through 23, as amended, proposing to build low or moderate income
housing to be financed under the New England Fund program of the Federal Home Loan Bank.
The original proposal sought a permit to construct a condominium containing 171 free-standing
single-family units, with requests for waivers from various sections of Town of Yarmouth
By-Laws, Rules and Regulations, all as described in the Application. The Petitioner proposes that
twenty-five percent (25%) of the units be affordable to families earning eighty percent (80%) or
less of the area median income.
-1-
III. LOCUS
The project site (herein the Site) is comprised of two parcels of land (approximately 27 acres) as
shown as Yarmouth Assessor's Map #44, Lots 16,17,18,19,20,21; Map #53 Lots 1,2,3,4 and 5,
located off Camp Street in South Yarmouth, Barnstable County, Massachusetts.
IV.
PETITION EXHIBITS, FILINGS,NOTICE& HEARINGS:
A. Exhibits
The Petitioner submitted the following documents and items with the Application or during the
course of the hearing conducted by the Board of Appeals:
1. Petitioner Information (Exhibit A)
2. Site and Project Description (Exhibit B)
3. Exceptions Requested (Exhibit C)
4. Memorandum (Exhibit D)
5. Organizational Documents of The Villages at Camp Street LLC (Exhibit E)
6. New England Fund Project Eligibility Letter (Exhibit F)
7. Evidence of Site Control (Exhibit G)
8. Traffic Study (Exhibit H)
9. New England Fund Program Guidelines (Exhibit I)
10. Form of NEF Program Documents (Exhibit J)
11. Hydrogeological Report (Exhibit K)
12. Proposed Plan (Exhibit L)
13. Architectural Drawings (Exhibit M)
14. Sewage Treatment Plant Description (Exhibit N)
15. Utilities Plan (Exhibit 0)
16. Existing Conditions Plan (Exhibit P)
17. Abutters List (Exhibit Q)
18. Typical Street scape and Entrance Drive Showing Landscaping (Exhibit R)
19. Conservation Commission RDA Response (Exhibit S)
20. The Villages at Camp Street Fact Sheet
21. The Villages at Camp Street Frequently Asked Questions
22. Revised Site Plans - (3 sheets) Sheet 1 - 11/3/00, Sheet 2 - 11/28/00,
Sheet 3 - 11/28/00
23. Supplemental reports from Rizzo and Associates re Traffic, November 22, 2000
24. Proposed Price Structure Housing Assistance Corporation 10/20/00
25. Response to October 23, 2000 Memorandum from ZBA
26. Monitoring Services Agreement 11/02/00
27. Proposed Regulatory Agreement 11/02/00
28. Proposed Deed Rider 11/02/00
29. Hydrology Summary October 4, 2000
30. Revised list of requested waivers/relief
31. Additional materials Filed:
-2-
Plans comprising the September 12, 2001 Site Plan:
1)Proposed Layout( Sheets 1 of 19)
2)Existing Conditions Plan("2)
3)Utility Plan("3)
4) Grading Plan("4)
5)Road"A"Profile ("5)
6)Road Profile Road A ("6)
7)Road A Profile ("7)
8)Road B Profile ("8)
9)Road C Profile("9)
10)Road D Profile("10)
11)Road E Profile("11)
12) Sewer Profile Road A("12)
13) Sewer Profile Road A("13)
14) Road A Profile ("14)
15) Sewer Profile Road B ("15)
16) Sewer Profile Road C ("16)
17) Sewer Profile Road D ("17)
18) Sewer Profile Road E("18)
19) Construction Details(" 19)
B. Filing and Notice
The Petition was duly filed. Notice was given as required by law, including two publications on
September 21 and September 28, 2000 in the Register, a weekly publication having circulation
in Yarmouth. Pursuant to notice, duly given, a public hearing was opened on October 5, 2000.
C. HEARINGS:
The public hearings were held, and information was received by the Board, on
October 5, November 9, November 30, December 7, and December 11, 2000, and January 8 &
17 2001. The public Hearing was closed after final presentations and discussions on January 17,
2001. The Board members deliberated on January 17 , and determined, by preliminary vote,that
the consensus of the board was to grant a comprehensive permit for 120 units at 35%
affordability, upon additional conditions to be determined, and continued their deliberations until
January 25, 2001, at which time the Board discussed the remaining issues and necessary
conditions and rendered its decision, in open session.
The Board's decision, granting the comprehensive Permit, with conditions, for
120 units, with 35%of the units as"affordable"units, was formally voted on February 7, 2001.
The petitioner appealed from the decision, on various ground, to the Housing
Appeals Committee. During the course of the appellate proceedings, the petitioner and the Board
met to resolve the petitioners objections to the decision, and as a result of their negotiations, were
-3-
able to reach an agreement granting the comprehensive permit with modified conditions. This
agreement was submitted to the HAC and was approved by the HAC on October 25, 2001. The
Committee's Decision directed the Board to issue the revised comprehensive permit, conforming
to the Approved Stipulation,within 30 days.
V. PRESENTATION AND FINDINGS:
1. The Petitioner, The Villages at Camp Street LLC, is a limited dividend
organization as defined in G.L. c. 40B, Section 20. Pursuant to its Articles of Formation and a
Regulatory Agreement, it will limit its return on equity to twenty percent or less of total
development costs.
2. The Petitioner has control of the Site by virtue of a Deed recorded in the
Barnstable County Registry of Deeds, Book 13045, Page 136 for the 21.031 acre parcel and a
Purchase and Sale Agreement dated April 2000 for the 6.02 acre parcel for a combined acreage
of 27.051 acres .
3. The Petitioner has obtained a Site Eligibility letter from Citizens Bank pursuant to
the New England Fund program dated September 7, 2000.
4. The Petitioner applied for a comprehensive permit to build 171 detached single
family condominium units under the New England Fund Program. Twenty Five Percent (25%)
of the Units would be sold to families earning eighty percent or less of the area median income
and therefore qualify as "low or moderate income housing" as defined in G.L. c. 40B, Section 20.
The petitioner represented that 70% of the affordable units would be designated for Local
Preference, for Yarmouth residents and employees.
5. By filing the documents and plans previously described, the Petitioner has
satisfied the filing requirements of the statute and the regulations promulgated thereunder, 760
CMR 31 and 32.
6. The Town of Yarmouth does not meet the minimum thresholds for low and
moderate income housing contained in G.L. c. 40B §20.
7. The Site is approximately 27.051 total acres and is located off Camp Street,
Yarmouth. The Site is presently undeveloped and partially wooded. A portion of the site is
wetlands.
8. The Site is in an R-25 zoning district, where 25,000 square feet of upland is
required for a single family home.
9. The Site is in a zone of contribution for public water supply for the Town of
Barnstable, and is within the APD of Yarmouth.
10. The Project as proposed would consist of one hundred twenty four 3 bedroom and
forty one 2 bedroom homes.
-4-
11. There are five different house designs ranging from 936+to 1,500+square feet.
12. As proposed, twenty five percent of the Units (42 Units at 25% of 165)would be
sold at prices ranging from $98,000 to $108,000. These would be affordable to families earning
between 60% and 80% of the area median income, and would have reduced monthly
condominium assessments in order to maintain this level of affordability.
13. The remaining one hundred thirty three Units would be market rate units,
expected to sell at (basic) prices between $150,000.00 to $170,000.00. Individual purchasers
may select custom options at increased prices.
14. Off-street parking for three cars per unit is proposed in driveways(which are to be
extended beyond those shown to date on the site plans).
15. Water is available to the Site from the the Yarmouth Water Department.
Underground gas and electricity are also available.
16. Sewage treatment for all Units will be provided by means of a single common on
site treatment facility. The applicant represents that the facility will meet or exceed all
requirements of the Massachusetts Department of Environmental Protection and the Town of
Yarmouth Board of Health.
17. Applying the Town of Yarmouth's nitrate loading formula, the Petitioner
calculates and represents that the development and treatment facility will satisfy the Town's
nitrate loading formula and requirements.
18. The Project will be organized as a condominium under MGL c. 183A. All
common elements of the project, including utilities, the treatment facility, roadways, drainage
facilities and yards surrounding each Unit, shall be owned by the condominium association.
Each Unit will have a defined exclusion easement to a yard area, driveway, and patio.
19. The Project is to be constructed on a single lot (as defined by the Yarmouth
Zoning By-Law); it does not constitute a "subdivision" within the provisions of G.L. c. 81L, and
the Rules and Regulations Governing the Subdivision of Land of the Yarmouth Planning Board
and it does not constitute a "single family cluster development" within the provisions of Section
402.1.1 of the Yarmouth Zoning By-Law.
20. The general building designs ( shown on the applicant's architectural plans and
street-scapes) are aesthetically pleasing and consistent with the neighborhood. All homes would
be built in the styles presented to the Board in the applicant's architectural plans and sketches.
The available designs will be scattered throughout the site. The affordable homes will be of these
same designs, will be built of the same quality, and will be equipped with the same base package
of amenities and appliances as the comparable size market homes.
21. The storm water runoff will be contained on site within retention systems
conforming to local and state requirements.
-5-
22. The Board fmds that the proposed density of at least 6 units per upland acre (even
calculated on the basis of 165 units on approximately 27.05 gross acres of land area) exceeds
local rules and regulations applicable to the Site ( of 1.7 units per acre at 25,000 sq. ft per unit in
the R-25 zone) as well as the Town's previously established Affordable Housing Standard (of up
to 3 - 4 units per acre). The Board finds that the Town's standard is a reasonable standard,
consistent with the purposes of c. 40B and with local need. In addition, the Town, in adopting
these standards, has expressed its preference that affordable housing can best be provided in
Yarmouth by placement of smaller developments throughout the Town, rather than concentrating
the homes in a larger single development. The Board therefore finds that some reduction in the
proposed density is required in order to balance the demonstrated need for affordable housing
with the Towns legitimate planning objectives and the economic viability of this proposal.
23. The Board finds, notwithstanding the applicant's traffic report, that the impact of
traffic generated by the site as originally proposed would unacceptably deteriorate traffic
conditions on and around Camp Street. Additional revisions to the site plan, including the addition
of acceleration and turning lanes at the Camp Street entrance, the relocation of the entrance to
better align with Camp Street, and the provision of better access within the site for school bus
travel, the addition of sidewalks and wider roads within the site, have helped to alleviate these
objections.
24. The Board finds that the project, as originally proposed, would not have been
consistent with local need, as it would unreasonably compromise and/or jeopardize legitimate
health, safety, and planning objectives of the Town. As revised herein, and subject to the
conditions imposed, the Board finds that the reduced proposal is consistent with local needs.
25. The Board finds that the originally proposed number of units was excessive, and
would impose excessive burdens upon and risk to the health, safety and welfare of the Town, far
beyond the corresponding benefit to the Town or Region from the addition of the proposed
affordable units. With the other conditions and modifications finally agreed upon, the Board fords
that these objections have been addresses.
26. After full deliberation, and consideration of the modifications to the site plan,
septic treatment proposal, road and system designs, and the amendments to the affordablity
documents to address the Board's desire to maintain the affordable units within the affordable
inventory, the Board issues this Comprehensive Permit, pursuant to the decision of the Housing
Appeals Committee (dated October 25, 2001, Approving the Stipulation of the parties in Appeal
#HAC 01-04) for 136 units, of which 25% (34) will be affordable units, upon the following
conditions:
VII DECISION
The Zoning Board of Appeals hereby grants Petitioner's application, in Part, for a
Comprehensive Permit for this site, with the following waivers and upon the following conditions,
restrictions and limitations:
A. WAIVERS and APPROVALS:
-6-
The Zoning Board of Appeals hereby authorizes the following waivers and/or
approvals of or from local by-laws, rules and regulations that would otherwise apply to the
construction of the Project. No other waivers or relief from any applicable bylaws, rules or
regulations is to be inferred, beyond those expressly authorized.
1. Zoning—
Article I Section 103.3 Site Plan Review - (To the extent that approval is
considered a prerequisite to the issuance of a comprehensive permit). Board hereby APPROVES
with conditions the revised site plans.
Article II Section 203 Intensity of Use Regulations (to the extent applicable
to a condominium project) -WAIVED - for the use herein approved.
Article III Section 301.4 Parking Space design Criteria- WAIVED as to the parking
spaces provided for the Septic treatment facility and the overflow parking provided on site.
Article IV Section 406 Aquifer Protection Overlay District
Section 406.5 Special Permit Requirements -NOT WAIVED ; The Special
Permit is to be considered GRANTED within the scope of the Comprehensive Permit, but the
APD bylaw shall otherwise remain applicable to the site and the project.
2. Subdivision Regulations
Section 6.3- One Dwelling Per Lot; - WAIVED for the use as approved.
Road Widths and standards, - WAIVED IN PART , subject to specifications
otherwise stated herein, including part B. CONDITIONS,
Section III: Plan Procedures
3.4.2.q-Test hole-WAIVED
4.2.1.f- Centerline radii-WAIVED ( except as otherwise provided
herein)
4.2.3.d-minus grades-WAIVED
4.2.6.b-Dead end streets- WAIVED
Section V, 5.1.6 -pavement width- WAIVED IN PART , subject to specifications
otherwise stated herein, including part B. CONDITIONS,
5.5.4 -fire alarm box - WAIVED
5.8 -As Built Plan -WAIVER DENIED - "As Built" shall be completed.
3. Sign Code-
The applicant shall be ALLOWED one free standing sign at the Camp Street
entrance under section 303.5.2 for the condominium, as if it were a subdivision thereunder. Sign
-7-
permits shall otherwise be applied for under the usual procedures.
4. The following Town of Yarmouth Construction Permitting Fees are waived :
A. As to the Affordable Units :
All Yarmouth Fees which are specifically identifiable to the
Affordable units are deemed WAIVED.
B. As to the remainder of the project :
No other fees are waived.
B. CONDITIONS:
The grant of the comprehensive permit is subject to the applicant's compliance with
the representations and agreements made during the hearing proceedings and with the following
conditions, limitations and restrictions:
1. Construction of the Project shall be undertaken substantially in accordance with the
following schedule ( insubstantial adjustments within the schedule shall be permitted without
further relief from the Board, provided the overall scheme is complied with) :
Phase Units Completion(anticipated)
Infrastructure(roads, Septic Treatment Facility, etc) Month 5
Phase 1 39 Units Month 12
Phase 2 27 Units Month 16
Phase 3 18 Units Month 24
Phase 4 23 Units Month 32
Phase 5 29 Units Month 42
Within each phase of construction, following the completion of the infrastructure, there shall be
built a proportionate number(i.e.,25%)of affordable units.
The phases of construction shall be undertaken as shown on the Phasing Plan filed with the Board
(a reduced size copy of which is attached hereto). During construction, once homes have been sold
and are occupied, construction equipment and related non-residential traffic shall, to the greatest
extent possible, enter the site through the Barnstable, Ferndoc Road entrance.
2. The Major Roadway ( Road A) shall be 26' in width, including 24' of pavement
with 1' (each side) of berm, and all other interior Roadways shall be 22' in width, including 20' of
pavement with l' (each side ) of berm , exclusive of the paved sidewalks, which shall be
constructed as shown on the revised site plan, dated Sept. 12, 2001 (a reduced size copy of which
is attached hereto). With the exception of road and layout width, construction of all roads (other
than the emergency access road) shall conform to the customary Planning Board Rules and
-8-
Regulations for road materials, design, composition and construction.
3. The emergency access road shall connect to Ferndoc Road, a public way in
Barnstable. The emergency access shall be paved and completely enclosed by means of"break
away" fencing so that it can not be used in any situation other than for emergency use. The
Petitioner shall remove all obstructions that interfere with passage to Ferndoc Road and shall
provide effective and secure access from the public way to the emergency access. The permit
holder , and unit-owner's association, shall have the option to open Ferndoc Road to provide a
secondary means of access to the development by residents only, provided they first devise an
effective means to control and restrict access to its residents. A copy of the plan and measures to
be taken shall be filed with the Board prior to the opening of the road to traffic, and any revisions
of the plan thereafter shall also be filed with the Board. This obligation to control and restrict use
of this access in compliance herewith and to enforce the Plan shall be an ongoing responsibility of
the permit holder, and thereafter the governing body of the Condominium, and the failure to do so
may result in the elimination of this option by the Board of Appeals, after review of the matter.
4. The project shall be built only as a New England Fund project.
5. The Units designated as affordable shall be restricted as "affordable"for a
minimum period of 99 years. The Affordable Units shall be scattered proportionately throughout
the Site, and within each phase of construction.
6. The Petitioner shall cause a Deed Rider or Affordability Covenant to be recorded in
connection with the Affordable Units substantially in the form as submitted in connection with the
Application, and as modified during the hearing and as are hereafter to be modified to comply with
the terms hereof, including:
- page 2, para. 1(b) - the minimum period within which the Grantee must use
diligent efforts to locate an eligible buyer shall be extended from 150 days to 6 months.
- page 2 para. 1 - If the municipality does not exercise its right of first refusal, the
Monitoring Agency shall thereafter have a similar opportunity to purchase the unit, in order to
preserve its status as an affordable unit.
- page 2 para 1(a), etc. - all notices to be sent to the "municipality" shall be sent to
the Town Planner's office, unless otherwise designated by him/her.
-page 2 para. 1 (b)(etc.) - shall recite that the monitoring agency shall also have an
affirmative obligation to use diligent efforts to locate eligible buyers,
- page 2 - para 1(b) - the term "diligent efforts" shall "include" , but shall not be
limited to, items A and B. Paragraph B shall be revised to require that the grantee shall consult
with and cooperate with the Monitoring agent and with the Town authorities.
- page 3 para 1(c) - the lottery and resale efforts shall refer to both the municipality
and the monitoring agent.
- page 3, para 1(d) - shall be amended to reflect the potential for purchase by the
Monitoring agent as well as the municipality,
-page 6 para 4 - the period within which an eligible buyer must be located before a
foreclosure may proceed shall be extended to 180 days, and it shall specify that the buyer must only
be "located" and the lender "notified" within that time, and the closing to the eligible buyer shall
occur within a reasonable time thereafter;
-page 8 para 6 Fees : the monitoring agents fees of 0.5% of the actual sale price
-9-
shall be paid at the closing by the eligible purchaser, but no such fee shall be paid by the
Municipality, should it choose to purchase. No fees are required to be paid by the municipality to
the monitoring agent,unless expressly agreed to hereafter by the Municipality.
The Board finds that in the past affordable housing units in developments which
have been granted permits for intensive use, pursuant to MGL 40B, have been permanently
converted from affordable units to market units upon resale owing to the failure or inability to
locate qualified resale purchasers within the time parameters imposed by the permits. The Board
finds no persuasive reason for permanently terminating the obligatory affordable housing resale
restrictions merely because of the inability or failure to effect a particular sale to a qualified buyer
in a given resale transaction. The Board therefore finds that the Deed Riders and related documents
implementing these provisions must be further revised so as to insure the continuation of these
provisions as appurtenant to the land and units, and to include provision that, if, in any sale or
resale of any affordable unit, including any sale pursuant to any mortgage foreclosure proceedings,
an "eligible buyer" is not located or available to purchase the unit , within the time constraints
within which only such an eligible buyer may purchase the unit, than the owner may be relieved of
this limitation and may sell the unit to any otherwise available buyer, without regard to his/her
financial need eligibility. However, the remaining limitations on the sale and future resales shall
remain in effect. The sale, even if permitted to be made to an ineligible buyer, shall be at the same
price and shall have the same markup and profit limitations as if it were to an"eligible buyer", and
any future sales shall be subject to the same limitations. In this manner, even if an isolated resale is
to a financially ineligible buyer, the price controls herein imposed shall remain in effect, and future
resales, including by the ineligible buyer, shall continue to be at affordable prices and to eligible
buyers.
7. The Housing Assistance Corporation ( or its successor , subject to the approval of
the Board) shall be the Monitoring Agent for the purposes of Monitoring Petitioner's compliance
with the Limited Dividend requirements and for the initial marketing and resale of the Affordable
Units.
In addition, annually (throughout the construction phase), and at the completion of
construction, the applicant shall submit to the Town of Yarmouth an independently audited
accounting of all construction costs and sales receipts, etc. such that the Town may verify
compliance with all limitations upon the applicant as a Limited Dividend Organization. The Town
may request any additional information deemed by it to be necessary in order to complete its
assessment of the applicant's compliance.
8. The condominium documents and/or rules and regulations shall provide that
overnight parking shall be prohibited on all ways within the site and that daytime parking shall be
permitted on one side of each way only. Overnight parking may only occur on those portions of
the common areas designated as unit driveways and over which each unit owner has an exclusive
easement and in the designated parking areas. The condominium documents will provide that no
exterior modifications or alterations may be made to any home in the Project.
9. The Condominium Documents shall be modified to incorporate and carry out the
-10-
remaining terms and conditions of this decision, and shall affirmatively require that the association
and unit owners are obliged to enforce this decision and carry out its terms and limitations. The
condominium documents shall also recite that they may not be modified as to terms mandated by
this decision . As represented by the petitioner, the Condo fees of the Affordable units will remain
proportionately lower than those of the market units ( in proportion to their comparative values) .
9A. The Condominium Documents, Deed Riders, Monitoring Agreement and any
related implementing documents which are required to be revised to reflect the terms of this
decision shall , after such revisions, be submitted to the Board for its review and verification that
they conform to this decision. The Board shall make this determination within 30 days of its
receipt of the said documents. If the Board has not notified the petitioner within said 30 days of any
objections to the said documents, they shall be considered to have been approved by the Board.
10. The Site will be fully landscaped(substantially as depicted in the applicant's "street
scape" renderings, Exhibit R), and the landscaping shall be maintained by the condominium. The
Landscaping, in and around each home and adjoining common area, shall be considered part of
each "Phase" of construction, and shall be completed as part of each phase prior to undertaking the
next phase of construction.
11. No improvements shall be built on the southerly, "panhandle" portion of the Site. If
any fill is removed from this area, for use on the rest of the site, the disturbed areas will be
re-graded and re-vegetated thereafter, so as to be available to the residents as a passive recreational
area. If such fill removal or site work in that area requires additional permits or approvals, they
shall first be secured by the applicant, independent of this Permit.
12. Construction of the Septic Treatment Facility shall only commence upon issuance
by the Massachusetts Department of Environmental Protection of a Groundwater Discharge Permit.
To the extent that the Yarmouth Health Department would otherwise have a regulatory,
supervisory or other role or authority in this approval process, and in the subsequent supervision or
regulation of the operation of the Septic Treatment Facility, that authority is not to be considered
superseded by this comprehensive permit.
13. The Septic Treatment Facilities shall meet the following additional requirements:
(a) Final Plant construction design plans shall substantially conform to the new plans
and specifications prepared by Innovative Ruck Systems Inc.,and filed with this Board and shall be
filed with and approved by the Board of Health and Fire Department.
(b) The treatment plant shall be constructed and operated according to all applicable
state and federal laws and regulations, and local health regulations, to the extent not expressly
waived hereby.
(c) The Board of Health shall be allowed access to the plant facilities for periodic
inspections and testing, and the Petitioner (or its plant operator) shall provide the Board of Health
with copies of all periodic test results performed at the plant.
-11-
(d) The Petitioner, or its successors, shall annually file with the Board of Health a copy
of its executed Plant Maintenance and Operations Contract with a qualified operating company,
and must immediately advise the Board of Health, in writing, of any changes relating to that
contract or its performance.
(e) The Plant shall be designed with a containment area for all chemicals and hazardous
materials used or stored on site, equal in capacity to 150% of the volume of these materials.
MSDS forms shall be completed and filed, and periodically updated, with the Town of Yarmouth,
and distributed to the appropriate departments and agencies.
(f) The Plant shall be designed, and operated, so as to comply at all times with the
applicable local nitrate loading maximum of 5 PPM, which requirement is expressly not waived or
varied hereby.
(g) The Plant shall be designed, and operated, so that no offensive odor is detectable
outside of the plant structure.
(h) The Plant's management plan shall include assurances of effective availability of
management personnel to the Town agencies and departments, including the Fire Department, at all
times, and a current copy thereof shall at all times be maintained on file with the Town.
(i) The Plant shall have an approved fire alarm installed, as recommended by the Fire
Department.
(j) At the time that the operation of the Septic Treatment Facility is turned over to the
condominium unit owners, the developer shall assure that the association and unit owners are
protected with not less than a one year ( beyond build out) warranty for the operation of the Septic
Treatment Facility. This warranty may be provided by the manufacturer or the developer.
The Board, in this decision, has reviewed and approved of the replacement of the originally
proposed Sewage Treatment Plant with a RUCK CFT Denitrification treatment system, as shown
of the attached plan. However, this approval is based only upon the information supplied to date,
and is to be considered an approval for purposes of this Comprehensive Permit only. The Board
does not , by this decision, purport to have approved the technology or design of the system, which
shall be the subject of subsequent independent review of detailed plans by all appropriate local,
state and federal boards or agencies to insure consistency with this Decision and applicable local,
state and federal codes, and the Applicant must secure all necessary permits from such applicable
agencies and authorities, including DEP and the Yarmouth Board of Health.
14. No work shall be undertaken within 100 feet of the wetlands boundary.
15. Dwellings may have basements, only if the design and specific site details assure
that they can be designed, built and maintained without significant risk of run-off or ground water
intrusion. Any basements shall be at least two feet above the adjusted seasonal high ground water
level.
16. The Petitioner shall erect and maintain a substantial vegetated visual barrier
-12-
between the sewage treatment facility and the abutting property to the North/Northeast.
17. [omitted]
18. The Site Plans shall be redesigned, to conform to this decision, including the
following limitations and requirements, and a conforming copy thereof shall be submitted to, and
approved of by,the ZBA,prior to the commencement of any construction or site work :
(a) The number of dwelling units shall be reduced to 136, of which 25% (34 Units)
shall be affordable units.
(b) The site plan [see revised site plan dated 9/12/01, attached hereto] shall be
redesigned so as to maximize available open space and yards between homes. In doing so, each
dwelling shall have side yard separation between adjoining buildings of not less than 20 feet (any
and every reasonable effort shall be made by the developer to achieve a separation between homes
of 25 feet), and front yard setback from the edge of the road pavement of not less than 30 feet.
(c) The site plan may, in the discretion of the applicant, be modified as to the location,
length and alignment of the interior (minor) ways, provided they continue to conform to the
general layout of the current plan, contain at least the minimum width, construction, and adequate
turning radius to allow emergency vehicles, school buses, and other reasonably foreseeable
vehicles to move freely within the site.
(d) The "emergency access" lane, connecting to Ferndoc Road, shall be redesigned to
comply with the above referenced requirements.
(e) All residential driveways shall be redesigned so as to accommodate at least three(3)
vehicles off street.
(f) The areas labeled as "Parks" and "Drainage" areas on the site shall be cleared,
graded and seeded so as to provide actual and effective play and recreation areas for the residents
of the development. The applicant, or condominium, may choose to improve these areas further to
include such recreational amenities as basketball and tennis courts, but these common areas shall
generally be maintained as open and available areas for the use and enjoyment of the residents. The
Drainage areas ( including Future Drainage areas and Pump Station areas on the revised plan) shall
also be made available to residents and their guests for temporary overflow parking, but they need
not be paved or lined as formal parking lots.
(g) The final road layout shall delineate the final location of fire hydrants, which shall
be coordinated with the Yarmouth Fire Department. All of the homes shall have installed security
and fire detection systems, which shall be continuously monitored by a central station and
maintained under the supervision and control of the Condominium trustees or management
authority.
(h) The sidewalks, shall be constructed and paved in accordance with the revised site
plan dated Sept. 12, 2001 , a reduced sized copy of which is attached hereto.
-13-
(i) At the Camp Street intersection of the site, the road shall be flared out further from
each side of the entrance ( similar to the other condominium entrance along Buck Island Road) as
approximately shown on the Sept. 12, 2001 revised site plan attached so as to provide a turning
lane for vehicles entering and exiting the site, and a turn around or stopping area for school busses.
In addition, if it is determined that Public School busses will not enter the site for daily pick-up and
drop-off of resident children, than the petitioner shall construct ( and the condominium shall
maintain) a sheltered bus stop ( for its resident children) on the site at or near the Camp Street
entrance.
19. [omitted]
20. This Comprehensive Permit shall not be transferrable, without the prior express
approval of this Board which approval shall not be unreasonably withheld or delayed.
21. This Comprehensive Permit shall expire twenty four(24) months after the date that
it is filed with the Yarmouth Town Clerk, or, if later, the date of the Decision by the Housing
Appeals Committee, unless construction has then commenced, and continues without unreasonable
delay thereafter, or unless the petitioner has, prior thereto, applied to the Board for an extension of
this time limit, which request the Board will not unreasonably withhold.
22. The Deed Riders, Condominium documents, and Regulatory Agreement, shall
reflect the applicant's obligation to use "best efforts" in the initial sale of affordable units to
implement a 70%preference for established Yarmouth Residents , and that subsequent resales shall
similarly reflect a preference for Yarmouth Residents,to the greatest extent allowable by applicable
law.
23. Upon expiration of all appeal periods from this Decision, or upon the recording of
this decision in the Registry of Deeds, whichever occurs last, the previously approved so-called
Oakwood Avenue subdivision, shown on a Plan recorded in the Barnstable County Registry of
Deeds in Plan Book 425 at Page 43 affecting the easterly parcel of the site abutting Camp Street,
shall be deemed to have been rescinded. Any documents or further actions necessary in order to
carry out this rescission shall be forthwith undertaken by the applicant with the Yarmouth Planning
Board under its customary procedures, with which the petitioner shall cooperate, whereupon the
applicant shall cause the Certificate of rescission to be recorded in the said registry of deeds.
24. The previously approved Comprehensive Permit, originally affecting the westerly
portion of this site, has expired. To the extent that it retained any legal significance, it is deemed to
have been rescinded hereby.
25. This Comprehensive Permit was predicated upon the applicants representation that
water service for the site has been secured and will be provided from the Town of Barnstable
Water Company. Therefore, any requests of the applicant, contained in this application, relative to
the provision of water to the site by the Yarmouth Water Department, are considered to have been
withdrawn. However, the design and installation of all water service facilities shall meet all
Yarmouth Water Department standards, and shall otherwise follow the customary Yarmouth Water
Department procedures. If the Town of Yarmouth Water department is willing and able to supply
water to the development,the installation and utilization thereof shall be done in conformance with
-14-
the said departments rules and regulations.
26. The petitioner shall be allowed to make minor variations in the architectural layout
of the homes, without the need to return to the Board for approval, provided they are substantially
similar to and consistent with the designs presented to and approved of hereunder. Subsequent to
the original construction of the homes herein authorized, in conformance with the plans herein
approved, no additions, extensions or exterior alterations of the homes shall be allowed, nor shall
additional bedrooms or habitable interior space be added, without approval of this Board, in the
form of an amendment to this Comprehensive Permit.
The Motion to grant the Comprehensive Permit, including the above stated waivers, upon all of
the above recited limitations, conditions and restrictions, was made by Mr. St. George, and
seconded by Mr. Richards. The Board Members voted as follows:
In Favor:Mr. Reid, Mr. Richards, Mr. Sarnosky, Mrs, Moudouris, and Mr. St. George.
Opposed:None.
The revised Comprehensive Permit is therefore granted.
Dated : 4/5 , 2001.
ZONING = OARD OF APPEALS
__Lbw 0. mevser
k ti 4 `- `� L7
-15-
\`.......
•
m
ti 1J OAl(WO� �
212 AVE
mIQ LOCUS
•
I a
D
a
f
1 �w�. .. - 111t T_ -115- 0, nrpri
LOCUS MAP
.. .�§ .. ,',, -'�. N.T.S.
ttl
ir
i �, per �igwu f '•fig® / 1�14311 / *74-' ' t ® DWELLING TYPES
•
ice , .�---- -- a,� to,„ ,, ,,.,,A, 4 , /..)
�� * ED
F-I1 ______ ------orai fisr, c! "t4,*.:--_--4,,,,..„rti, 4, ,,_,,,,s„,,,N.::,ie> ,, / 0
f •
" fi�' as \P ksik Mati ' '414//p' *14414411'71:1Z_•,_...,' :,1, . 1
m x xlA � o h
kitti
it„
0 tin .....m...,_,....---;-------,.N...,.. .
ril r 11713,..„„_„,,,,,,47---„,„„ it.),,„„,„..,
„....
.....,.. __ .,.,,.„,........,,,,,,i ,.._:
,,,,,,,,,,,
41.
.1,1 4` 0.�Rb��_ :, __.. ,,,-. -,,,_ __-_ \ ill..l�, k
h e' 1/
A. �'
z ,zt- f 1-01-
n
CO
: .� I qN
. —
ra Y MOM MEWED sCiIANDs A. r L
.11"a((' i T a�ia'�m!Gp,��.r n, w lane L✓+f>
1 — ' ,w MnM r::, rvmmaZ aeon
,Wlk,enMtl�apq TMi,Fi N,,AM,NMownllMeW w'e
39 °I cos
\ I DA7EI REVISIONS� PD .
;C5r PRELIMINARY LAYOUT
7-
:_7 SITE PLAN
PREPARED FOR
THE VILLAGE AT CAMP STREET
M
b GRAPHIC SCALE YARMOUTH, MA
ao a 1 In lw SCALE:1.-DO I DAIE:.Rxr,.2001
't holmes and mcgrath, Inc.
(Wu no
e n. airil engineers end lent server.
200 main street �05)S/E— 2( 7
fDa1R,11A 7M5 02540 5 ) II9972dee)
At0
( o1m.,..nievm sxu.000 JOB NO: 201197 DWG.NO.:70-5-il S11EEI 1 44 1
'
TOTAL AREA.N A.N7 SF..27.05 M20..79
I OAI(NOOD ,
TOTS.11PlNID AREA.1,156,062 SF.. 62 4 Am
9/A9,.CRl Ranutn Iwn YOTN.TETLAMD AREA.122w5 SF..3282 A.
TOOK IMPERVIOUS COVERAGE.287.440 Sr..&OM M. 1 / LOCUS AyF.
M. 16.60.
1 Nn 4'1," TOTAL LINEAR FEET W ROADWAY.S1SSSr 1 �
°�0 TOTAL NUI a BEDROOMS .OS AND 1 PROPOSED
TIE PARtas or LAND*ovum.:p�1C•(.6, (A1,. 1 DECELERATION 0]
Tg PLAN 94000(x01U9tE USE AREAS AT EMN 11 LANE '
PROPOSEDHOUSE OAST bI aP:W n'132 I
501E ABSORPTION SYSTEM Tlq¢I4 O.10 WIT Z,.
WASTEWATER TREATMENT FAwTY y�Ty.,S�I.w7pr 1a4tiilTel
1
,N9MA,A wAUN IJ_, 1
isr 17 -1e NO 1
it
1`� I M.wrwi RPM MNn )
'v 1 '� z, ��R° ..._-1 � i '�sli_'. i�L�l;�l", •
` s1•�\ 11�� LOCUS MAP
,. Pg^"A 2a+ I 1i` 11�'.s,�"��. .`• �,.�. 5 I S\40.; •'� t.� 1A NOT TO SCALE
o i 7 _'� 24 3 m
ROM c a` °'' IL- 1 -
� .��� hr 13 / . Q'W v �'''''....."'...Nos;'',..
.n RONO " ,x5 L- ..., ,
25 �
�-. 1 1 .p„wr.E il_� �, \ s \• :_• " 12S +1I 1
°� I. i, i 1 I Ids i rF" ax .3�,�// -?," -� / ,xe ,z7 j L! C.I ! 1 11 a
'---1 (0 1 t 1 l J�:t p'1 2 1. n µ..... =� t 12a �r--1y° . ,231 O. PROPOSED
�2a x I �I ``1r'''kkLLie J° a .s � f is:-.1
✓ / `-tJ kr1 'F-�• 1 ACCELERATION
/ .9 1,1 kri
kl :',1I . L,-_�Y\ --I / . ���'� ;�+ ,� :A� \ y' //�•t3p �1 i o LANE AND BUS STOP
28 ROM=:o _, 1 10`/\(/ a! C: I e\ 1/ �O�/ TG7
, :. -_ � I ,, • MIN I °'�1�7 ' . SCBUSHOOL �4-i7 ` .\ x •1 'S S
29 q _ I a t H_ 1 bk./� y .. a NIosN e DWELLING TYPE
�'ry / .D �':. Ixo 1
1 1 - 1 I I�wL - e] SS OS•
J/'"r� ':�. /f ! e \ ,, -�...I 26'X 33'
130 52 1 7a 1.�"--� -I .V- .dw" 4_1 .!2 (; <_� \.e 1 4. • /,5. \
15'WIOE EMERGENCY ACCESS -. �{` 1!. 1 n 144 1 Wi d , 6 111 13• F� \' 119
TO FERNDOC ROAD M,TN A .n
BREAK—AWAY GMT AT ENDit:tzar 1 �B'YI '{ ,11t.J •$tom f r,Y !1 `J OArI AR _ % / '�+1\. '�. \ J\. Ivw a vwIWIN i ..... 26'X 32'
p\u_ 1
-- ,-�k k!� % ` '\�``/ If 114 tls C (I'n\'y 17 �..1 2B'x 36•
a11 1 h 1 T d� �% ne
� e r -, t"r •„ "" •i ' 16� J +,,�, , 7� �'�/ •��4�� 26'x.3s'
�i 7e�a i 2-1 I 7c w0 /i/ `JI/p:
li I 1I - bisBsertoa',. 1 7S L 1 y,7 r90� ria„, p' ee ,dT I :'I% L IiYs ,. Bx IMp, - 4 11 ]., I i1•. s1A1.... 1. P --..0 i B3 . 'I MOWN u• L.eaio
,, y.c • 1, A L
34.
1- L. -�- ROM'A- LJ1
,
35 1' ' 1• WL.9-5 99 oo ,.0.i` jfN 2 L . i' / \�-.--.
at> 1 J 1 1 .:.9i 02 i; / \ .... :+ CM Mir°"'°o u.
V /
\ e- t (.)n MM r rwima rMw"9.F miMW a.ww
pk� P)0 p..,.a,.,xv wwrU M Nan.M os..-M
K. Z 4HEET INDEX on, rw
O \ DESCRIPTION ink
"n 1, PROPOSED M. \ PROPOSED LAYOUT 66 SHEET 1 REVISIONS
10.101 n:ANY �, SHEET 2 PROPOSED LAYOUT
EXISTING CONDITIONS SHEET 3
(L,/ N \� ( \:. _�5 ,`J UTILITY PLAN SHEET a SITE PLAN
J.elm ws I V''. \ dL GRADING PLANm ' / A L DRAINAGE&ROAD PROFlLESSHEETS5-11PREPARED FOR
Q -- ,1L \ ,,f i0 SEWER PROFlLES SHEETS 12-18 THE VILLAGE AT CAMP STREET
ilk
J I '�` DETAIL SHEET SHEET 19w
.QlfI 1 YARMOUTH NA
'K80110ERINa vEOETAIED MEnANDS (/ ..1.._'• J .y
= Nn
ct' TRW a Yale. AS` IS
1'-0S' I DA7E:SEPY t
•
2 2001 F.
aQ . I ,y, _ AIL tY. GRAPHIC SCALE £f �,,
r hdmes and mrath, Inc.
S� eo e W«Da•rw ene, wr wprR l.
ppL�• ((SOB SIB-:.„.1,0NE)iF r,,
i p�,A fdmwfh,mD.OYSIO('3oly SIB-B87$frA79
1 906 OF UPLAND AS PER FLANE)tENTITLED.5 10 SI OF WID-YARMa1N k BIJWSTAtRE.MASS.' 1 uw-Fe DRANK:TMS.JAu CHECKED."
11 ' M00M1ELTS E FSRN9N5CERRS. Wins 6AASS.DAa'7ED'v M55tl1,D,9TiYwiNE•F R BA55EIT-
vtWL,A5E120119T\,A,..T.0Mc JOB NO: 201167 DWG.NO.:7B-3-13 SHEET I#a 19