Decision 3646 Certified May 26 2004 Bk 18637 P986 *41292
05-26-2004 a 09:34a
TOWN OF YARMOUTH ,
O1•Y 0.
BOARD OF APPEALS , • •
0: DECISION -rry ••.` ' • ` . i
-t'4
O '+z rn
U FE2 _7 PH is 26
.--- L_
FILED WITH TOWN CLERK: February 7,2001
J'
PETITION NO: #3646
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 Saint 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 do 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. The Petitioner has reduced the total number of units in its
Application to 165.
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.
-1- ‘Vt V
Bk 18637 Pg 87 #41292
W. PEThTION 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-(3sheets)Sheet 1-1 1/3/00,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
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,
-2-
Bk 18637 Pg 88 #41292
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 deliuerated on January 17, 2001 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.
During the course of these hearings, additional information was presented by the applicant, and
its representatives. Various letters and reports were received by the Board from Town and
County Boards,agencies,authorities and officials.Public comment was received at each hearing
session, and by correspondence received and entered into the file and record of these
proceedings.
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 (at the hearing of 11/30/00) reduced the total number of units requested in its
application to 165(herein the Units). 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.
-3
Bk 18637 Pg 89 #41292
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.
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). There are additional off-street parking
areas for 110 cars(shown on the revised plan).
15. The Yarmouth Water Department has reported to the applicant and the Board that
it is unable to assure water availability for the project at this time. However, the applicant
represents that they have secured a commitment from the Barnstable Water Company to provide
all water needs to the site. Underground gas and electrical services are otherwise available for
the site.
16. Sewage treatment for all Units will be provided by means of a package sewage
treatment plant(herein the STP)located as shown on the Site Plan. The applicant represents that
the STP design will meet or exceed all requirements of the Massachusetts Department of
Environmental Protection and the Town of Yarmouth Board of Health. The operation of the STP
would, however, require the storage and use on site of quantities of hazardous and combustible
materials.
17. Applying the Town of Yarmouth's nitrate loading formula, the Petitioner
calculates and represents that a 171 unit project would produce a nitrate load of 3.85 parts per
million, and would, on a monthly averaged basis, produce less than the five parts per million
maximum permitted by the Board of Health regulations for on site sewage disposal systems. A
165 Unit project would further reduce the nitrate load.
18, The Project will be organized as a condominium under MGI, c. 183A. All
common elements of the project, including utilities, the STP, 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.
-4-
Bk 18637 Pg 90 #41292
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 individual building designs(shown on the applicant's architectural plans and
street-stapes)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 regulations.
22. The Board finds 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. Employment of the Town's
affordable housing standard in this instance would allow more than double the zoned density
otherwise allowable, and require that only one-half of the additional units(i.e. 25%of the total)
be kept affordable. In addition, the Town, in adopting these standards, has determined 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 This
proposal also fails to meet many of the other established goals and objectives of the Town's
affordable housing standards.
23. The Board finds,notwithstanding the applicant's traffic report,that the impact of
traffic generated by the site as proposed will unacceptably deteriorate traffic conditions on and
around Camp Street. This conclusion was supported at the hearing by information supplied by
the neighbors, the Cape Cod Commission, and various Town agencies,as well as by the Board
member's local knowledge and familiarity with the area and traffic patterns. The Petitioner has
made additional changes to his site plan to accommodate some of the concerns of this Board.
However, the number of cars and vehicle trips generated by a development of this size, having
only one outlet drive, would still have significant adverse impacts upon the residents of the
surrounding neighborhood, and of much of the rest of the Town and region, due to the
convergence of several major, and heavily traveled, roads within the area most affected by this
development. Of particular concern to the Board is the potential threat to the lives and safety of
the children who may reasonablely be expected to occupy the site and require transportation to
and from the site to Public.Schools.
24. The Board finds that the project,as proposed,would not be consistent with local
need, as it would unreasonably compromise and/or jeopardize legitimate health, safety, and
planning objectives of the Town. The density of the proposed development is of particular
-5-
Bk 18637 Pg 91 #41292
concern, since it,in turn,affects most other factors.It is noted that the site has,generally,a high
water table and is proximate to the adjoining wetlands and the Mill Creek estuary. The petitioner
concedes that these natural conditions limit the development potential of the site under any
circumstances. The petitioner proposes to compensate for these natural limitations by adding(to
the construction portion of the site)over 100,000 cubic yards of fill and by utilizing the septic
treatment plant in place of traditional or available alternative septic systems. The treatment plant
proposed,however,dramatically increases construction costs,which the petitioner seeks to offset
by further increasing the number of dwelling units to reduce the per unit cost. The excessive
density, in turn, decreases available open-space, play, recreation and living areas, increases the
population of the site, and increases traffic and other impacts on the neighborhood and Town
beyond the site.The Board finds that the STP"solution"offered by the applicant itself aggravates
the problem by necessitating a request to further increase in density and overall development on
this site, beyond its appropriate development potential. To this extent, the applicant's need for
higher density is the result of the qualities and limitations of the site itself, and the decisions
made by the applicant, not the result of local bylaws or regulations imposed upon it, and
therefore not a convincing reason under c. 40B to override existing legitimate local regulations.
25. The Board funds that the proposed number of units is excessive,and will impose
excessive burdens upon and risks 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.
The petitioner has not demonstrated a legitimate planning reason for the project to be treated
substantially differently from other similar developments. The Town established,well prior to
the application for this permit,a set of guidelines,including but not limited to a standard for the
density of such projects. As applied by the Fair Housing Committee,(see its letter of October 4
& 5) the proposal fails to satisfy these guidelines,and is not supported by that Committee,nor
by the Board of Selectmen,the Growth Policy Council or the Planning Board. In order to allow
the project to proceed,the Board finds that the number of units to be built must be reduced.The
proposed density is unacceptable to the Board,for the reasons cited above and discussed in the
hearing and deliberations, including: i) that the density far exceeds the objective and
independently established standards of the Town, without an overriding reason to depart from
these standards,ii)the number of homes will generate excessive traffic relative to the capacity of
the site and surrounding roads,adversely affecting the health and safety of the children and other
occupants of the site and the adjoining residential neighborhoods,iii)the proposed density will
create an atmosphere of urban congestion,incompatible with the surrounding neighborhoods and
the Town, not allowing sufficient open space and room for its residents,resulting in an adverse
impact upon their quality of life,and in turn affecting the rest of the Town, iv)that the need for
the excessive density proposed is the product of the limitations of the site and not the result of
restrictive municipal regulation,and v)that the intensification of use to the levels proposed pose
a potential threat to the ecology of the adjoining Mill Pond and wetlands.
26. The Board carefully considered the number of units which could be allowed for
this site and proposal. The Board unanimously agreed that the number proposed by the petitioner
was excessive, for the reasons cited above. At its preliminary vote,two members felt that the
appropriate number was to remain within the Town Affordable Housing Standard of between 3
and 4 units per buildable acre,since even that was more than double the density allowable in the
most densely zoned portions of the Town. Other members felt that some additional density could
be tolerated, due to the inclusion of the Septic Treatment Plant, particularly if additional
-6-
Bk 18637 Pg 92 #41292
restrictions and conditions were imposed upon the roads and site design and if the proportion of
affordable units were increased as well. After considerable discussion,the majority of the Board
voted (in its preliminary vote) to accept up to 120 units with 35% (42 units) designated as
affordable units,subject to additional conditions and limitations to be established.
V1(L 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:
•
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 1033 Site Plan Review - (To the extent that approval is considered a
prerequisite to the issuance of a comprehensive permit). The Petitioner filed for site plan review
on August 25, 2000, and the Board hereby APPROVES with conditions the revised site plans
(i.e.the petitioner's revised site plan,subject to the completion of the additional changes herein
specified,and subject to the Board's review of that final plan for compliance herewith).
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 STP 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,paragraph 2,
Section III:Plan Procedures
3.4.2.q-Test hole-WAIVED
•
-7-
• Bk 18637 Pg 93 #41292
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,paragraph 2,
5.5.4 - fire alarm box-WAIVED(on the condition that the homes are provided
with sprinkler systems)
5.5.8-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
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,STP,etc) Month 5
Phase 1 18 Units Month 7
Phase 2 17 Units Month 9 •
Phase 3 17 Units Month 10
Phase 4 17 Units Month 15
Phase 5 17 Units Month 17
Phase 6 17 Units Month 20
Phase 7 17 Units Month 22
Within each phase of construction,following the completion of the infrastructure,there shall be
built a proportionate number(i.e 35%)of affordable units: Each phase shall be completed,and
•
-8-
Bk 18637 Pg 94 #41292
the affordable and market units ready for occupancy,before the next phase is commenced.
The first phase may be constructed in the easterly end of the site, in order to provide for
convenient and efficient marketing of the development In all subsequent phases, the homes
shall be distributed throughout the site so as to spread the development at a more or less equal
rate throughout the property.
•
2. The width of the paved surface of the roads in the project shall be 26 feet for the
main road and 22 feet for the minor streets, including 1 foot Cape Cod berms on each side as
shown on the revised Site Plan. With the exception of road and layout width,construction of all
roads (other than the emergency access road) shall conforms to the customary Planning Board
Rules and 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.
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 pare 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 -pare 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 pare 1(c) - the lottery and resale efforts shall refer to both the
municipality and the monitoring agent
- page 3,pare 1(d) -shall be amended to reflect the potential for purchase by.the
Monitoring agent as well as the municipality,
-page 6 pars 4-the period within which an eligible buyer must be located before a
-9-
Bk 18637 Pg 95 #41292
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
shall be paid at the closing by the eligible purchaser, but not 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 development which
have been granted permits for intensified use, i.e. unit density in excess of standard rules and
regulations, pursuant to General Laws Chapter 40B, have been permanently converted from
affordable units to market rate units upon resale owing to a failure or inability to locate qualified
resale purchasers within the time parameters imposed by the permit. The Board finds no
persuasive reason for terminating the obligatory affordable housing resale provisions merely
because of the inability or failure to effect a sale to a qualified purchaser in a given instance of
sale. The Board therefore finds that the Deed Rider and related documents must be further
revised to insure that the"eligible buyer"(resale)provisions run appurtenant to the land and must
be complied with on each successive sale (including those applicable to foreclosure sales) and
notwithstanding that mesne conveyances may from time to time be effected at market rates in a
given instance after fulfilling the required efforts to effect sale to purchasers eligible for the
affordable housing program. Units designated as affordable units will remain encumbered by the
affordability restrictions for subsequent sales,and buyers and sellers shall comply with them as if
each and every prior sale had been to an eligible buyer.
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
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 Condominium fees of the
-10-
Bk 18637 Pg 96 #41292
Affordable units will remain proportionately lower than those of the market units.(in proportion
to their comparative values).
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 SW 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 STP, that authority is not to be considered superseded by this comprehensive
permit.
13. The Sewage Treatment Plant shall meet the following additional requirements:
(a) Final Plant construction design plans shall meet or exceed all representations
contained in the Application materials 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.
(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.
-11-
Bk 18637 Pg 97 #41292
(f) The Plant shall be designed,and operated,so as to comply at all times with the 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 and fire suppression system installed,
as recommended by the Fire Department.
(j) At the time that the operation of the SIP 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 STP. This warranty may be
provided by the manufacturer or the developer.
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
between the package treatment plant and the abutting property to the North/Northeast.
17. Residential sprinkler systems will be installed in all units,under the guidance and
direction of the Town of Yarmouth Fire Department.
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 120, of which 35%(42 Units)shall be
affordable units.
(b) The site plan 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 30 feet,and front yard setback from the pavement of not less than 20 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
•
-12-
Bk 18637 Pg 98 #41292
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 recreation 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.
(g) The final road layout shall delineate the final location of fire hydrants,which shall be
.coordinated with the Yarmouth Fire Department.
(h) The sidewalks, and interior walkways, shown on the petitioner's revised site plan, shall be
paved, and paved connecting and access paths shall be provided so that all dwelling units have
access to them(for example,on the existing plan,the houses on the westerly side of Road B have
no access to the interior paths. Therefore,access path ways should be added from the road to the
interior path approximately in the middle of each block from the easterly side of Road B).
(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) 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.
(j) Because of the reduction in the number of homes,and the increased parking area within each
driveway, the number of overflow parking spaces, shown of the revised site plan, may be
reduced. The petitioner, in its revised site plan, shall instead provide four(4)smaller overflow
(guest)parking areas, capable of accommodating a total of 75 cars,to be located throughout the
site so that at least one of these areas is accessible to each unit.
20. This Comprehensive Permit shall not be transferrable,without the prior express approval of
this Board.
21. This Comprehensive Permit shall expire twenty-four(24)months after the date that it is filed
with the Yarmouth Town Clerk,unless construction has then commenced,and continues without
unreasonable delay thereafter.
22. The Deed Riders, Condominium documents, and Regulatory Agreement, shall reflect the
applicant's representation that the initial sale of affordable units shall include a 70% preference
-13-
, Bk 18637 Pg 99 #41292
for established Yarmouth Residents, and that subsequent resales shall 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 applicant's taking title
to the property now under P&S,or upon the recording of this decision in the Registry of Deeds,
whichever occurs first,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 is 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.
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. Samosky,Mrs,Moudouris,and Mr. St.George.
Opposed:None.
The Comprehensive Permit is therefore granted.
ZO 0: BOARD OF APPEALS
ingag ree
---__
40,31R1119F„,
•
1 A 1 ALi'"K REGISTRY OF DEEDS
A TRUE COPY,ATTEST '
-14-
` BARNSTABLE REGISTRY OF DEEDS JOHN F.MEADE,REGISTER