HomeMy WebLinkAbout2936C Def Sub - 117 SP Staff Report 011223 without Application
T O W N O F Y A R M O U T H
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451
Telephone (508) 398-2231, Ext. 1276, Fax (508) 398-2365
MEMORANDUM
To: Planning Board
From: Kathy Williams, Town Planner
Date: January 13, 2023
Subject: Staff Report Definitive Subdivision Plan #2936C & Cluster Subdivision Special Permit #117
14 Lot Single Family Cluster Subdivision
Owner - Roman Catholic Bishop of Fall River/Applicant - The Davenport Companies
Located South Side of Route 6A, Yarmouth Port across from Hockanom Road
Assessor Map 125, Parcel 39
1. General Description: The Applicant, The Davenport Companies, seeks approval of Definitive
Subdivision Plan 2936C and Special Permit #117 to create a 14-lot single-family cluster subdivision on
a 15.3 acre parcel off Route 6A in Yarmouth Port, Assessor Map 125, Parcel 39, owned by the Roman
Catholic Bishop of Fall River. The un-numbered parcel is located on the south side of Route 6A across
from Hockanom Road and between Kencomsett Circle and Outward Reach. The parcel is currently
wooded and undeveloped, but includes a 180’ wide electrical transmission easement as well as an
easement for the Town of Yarmouth watermain. The property is located in the R40 zoning district and
is not within the Aquifer Protection District (APD) or Zone 2 of any drinking water wells.
This new layout addresses input from the May 18, 2022 Public Hearing held on Definitive
Subdivision 2936A which had access off Route 6a across from Hockanom Road and a different
lot configuration. The Planning Board reviewed Preliminary Subdivision 2926B in September
2022 and issued a Certificate of Approval on these revised plans that show the new road entrance
further to the east to meet the 400’ road separation requirement, 10 of the 14 septic systems
located outside of the impaired Bass River watershed, and a more robust Landscape Plan. These
Preliminary Subdivision Plans were highly developed and a detailed review was conducted by
Town Staff as part of this process and a subsequent Site Plan Review meeting was not deemed
necessary.
Section 402 of the Zoning Bylaw allows for single-family cluster subdivisions with reduced lot sizes
with a minimum 30% open space. A Definitive Subdivision and Special Permit for Single Family
Cluster Subdivision (Use A4) are required through the Planning Board, as the Special Permit Granting
Authority (SPGA). A joint Public Hearing Notice for both the Definitive Subdivision and the Special
Permit was published in the Cape Cod Times on January 3, 2023 and January 10, 2023 and sent to
abutters within 300’ and to abutting Towns on January 6, 2023.
2. Special Permit Process & Criteria: Pursuant to MGL Ch.40A, §9, the SPGA must hold a public
hearing within 65 days of filing the application. The Special Permit application was submitted on
October 26, 2022 with one authorized extension of 30 days, extending the deadline to January 28,
2023. The Public Hearing is scheduled for January 18, 2023. The decision of the SPGA must be made
Planning
Division
Planning Board - Definitive Subdivision Plan 2936C & Special Permit #117
January 13, 2023
Page 2 of 3
within 90 days following the closing of the public hearing. A Special Permit requires a two-thirds
vote (5 out of 7). Please note that the Special Permit criteria is related to the cluster style of
subdivision, as a traditional subdivision does not require a Special Permit.
Criteria for Granting Special Permits for Cluster Subdivision:
103.2.2 Criteria. Special permits shall not be granted unless the applicant demonstrates that no
undue nuisance, hazard or congestion will be created and that there will be no substantial harm to
the established or future character of the neighborhood or town. In addition, individual sections of
the Zoning Bylaw contain supplemental special permit criteria for specific uses and types of
development.
402.5.6 Criteria for Approval. Approval of a cluster development or a planned residential
development shall be granted upon a determination by the Special Permit Granting Authority that
the plan furthers the objectives stated in section 402.2 and complies with the requirements of
section 402.5 and that the plan enhances the preservation of open space for conservation or
recreation; utilizes natural features of the land; and allows more efficient operation of streets,
public utilities and other public services. In addition, there shall be minimum disruption of
established neighborhoods, especially with regard to unusually heavy traffic, visual impact, etc.
402.2 Objectives. The objectives of all developments under this section are: to allow relatively
intensive use of land locally while not increasing the population density on a large scale; to
preserve open space for conservation and recreation; to introduce variety and choice into residential
development; to meet housing needs; and to facilitate economical and efficient provision of public
services.
3. Subdivision Process & Criteria: Pursuant to MGL c.41, §81-U the Planning Board must, within 90
days of submission of application of a Definitive Plan following a preliminary plan, render an
approval, approval with modifications or disapproval with detailed reasons. The 90 days expires on
February 22, 2023 and the Public Hearing is scheduled for January 18, 2023. A Definitive Plan
requires a majority vote (4 out of 7).
Criteria for design of subdivisions is based on the Rules & Regulations Governing the Subdivision of
Land. In general, the Subdivision shall be designed to protect the safety, convenience, and welfare of
the occupants of the subdivision and the Town of Yarmouth, through reasonable precautions against
possible natural disasters, provisions for traffic safety and convenience, assurance of adequate sanitary
conditions, consideration of amenities, shall adhere to the principles of sound planning and good
engineering; and conform to the recommendations of the Board of Health (or their official
representative).
Strict compliance with the requirements of the Rules and Regulations may be waived when, in the
judgment of the Board, such action is in the public interest and not inconsistent with the Subdivision
Control Law. The applicant is requesting five (5) waivers as outlined in the attached List of Waiver
Requests, dated 10/19/22. None of these are significant and are supported by town staff. A previous
request to waive provision 4.2.1(j) requiring street intersections on Route 6a to be not less than 400’
apart has been eliminated with the new layout.
4. Road Name: The road names Miracle Way and Faith Road are acceptable to Engineering, Police and
Fire, as required by Town Policy.
5. Comments from Other Boards/Committees/Department: The attached Table 1 – Summary of
Town Staff Comments outlines input received from Town Staff/Departments on the Definitive
Subdivision and Special Permit submission for consideration by the Planning Board. Please note that
the Engineering Department may have some supplemental
Planning Board - Definitive Subdivision Plan 2936C & Special Permit #117
January 13, 2023
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6. Comments from the Public: No formal written comments have been received, although inquiries on
the project have been made to the planning department. Written comments are open through 5:00 pm
on May 17th. Any written comments received will be forwarded to the Planning Board.
Attachments:
Table 1 – Summary of Town Staff Comments, dated January 13, 2023 with attachments
Revised C2 – Site Layout Plan dated 1/11/23
Application Forms & Materials:
o Form C – Definitive Subdivision and Special Permit Application form
o Special Permit Application
o October 24, 2022 Cover Letter from J.M. O’Reilly
o Table 1 – Summary of Staff Comments from Preliminary Subdivision 2936B with redline
responses to staff comments
o List of Waiver Requests, dated October 19, 2022
o Traffic Assessment by VHB, dated August 18, 2022
o Draft Open Space Restriction and Easements
o Draft Protective Covenants, Restrictions, Rights and Reservations
o Stormwater Management Report & Operation & Maintenance Manual
o Draft Stormwater Pollution Prevention Plan (SWPPP)
Site Plans: All plans prepared by J.M. O’Reilly & Associates, Inc., dated October 19, 2022:
o C0 Cover Sheet
o C1 Existing Conditions Plan
o C2 Site Layout Plan
o C3 Road/Utility Plan & Profile
o C4 Grading & Drainage Plan
o C5 Details & Notes
o C6 Curb Cut Plan
o C7 Stormwater Contributory Area Plan
o C8 Vehicular Travel Plan
o C9 Landscape Plan
o C10 Watershed Delineation Plan
Page 1 of 2 Table 1 – Summary of Town Staff Comments Definitive Cluster Subdivision Plan #2936C & Special Permit #117 January 13, 2023 Fire: No further comments, the plans show the requested fire hydrants (C3), driveway widths/brush cut back (C5), and fire vehicle turning movements (C8). Water: No further comments, the plans (C3 & C5) show the requested notes and watermain interconnections. Building: Revised Plan C2 dated 1/11/23 indicates compliance with Section 402.7.3.1 – dimensional requirements. Community Development Housing No further comments. The applicant will be required to provide two affordable units per Section 412, which they have indicated they plan to meet through a cash payment in lieu per Section 412.4 of the Zoning Bylaw. Conservation: Stormwater Management Permit is required. Seed Mix has been noted on the plans (C9). Town Planner Section 402: Revised Plan C2 dated 1/11/23 was submitted to show compliance with Section 402.7.3.1 – dimensional requirements, specifically related to Lots 8 & 9. C4: Sight Easement: The plan notes cutting back of vegetation in the sight easement with no proposed grading shown. Please confirm that no grade changes are needed to provide the sight distances outlined in the Traffic Assessment, or provide a plan showing the necessary grade changes. Stormwater & Erosion Control: Stormwater Management Permit to be submitted to the planning department once issued. Any substantial changes may require further review by the Planning Board. Traffic Assessment: No further comments, same traffic assessment submitted as with the Preliminary Subdivision. The Planning Board decided during the Preliminary Subdivision review to not pursue a Traffic Peer Review. Homeowners Association/Open Space/Covenants: Prior to the request for any lot releases, the Homeowners Association, Open Space Restriction, Maintenance Covenants, and any Protective Covenants/Restrictive Covenants should be recorded at the Barnstable Registry of Deeds. Open Space Restriction and Easement: o This Document seems to be a combination of the open space restrictions as well as the covenants related to the long term operation and maintenance of the road/utilities, open space, and site easement which are noted as being the responsibility of the Miracle Way Homeowner’s Association; the maintenance of the drainage swale on the individual lots noted as being the responsible of those homeowners, and that the open space taxes will be equally shared amongst the 14 lot owners. It seems like this document should be renamed to show all the elements that it encompasses. Also it should state that the Homeowner’s Association is responsible for the taxes on the open space as that is where the tax bill will be sent. o Why is the Conservation Commission mentioned? Their only jurisdiction is related to the Stormwater Management Permit.
Page 2 of 2 o The uses and activities allowed within the open space should be reviewed more closely and restricted to passive recreational or conservation purposes on unpaved walking paths. The list of potential allows uses and activities appears too broad. Engineering: See attached January 23, 2023 Memo from Nathan Whetten, PE Health: Bruce Murphy, Health Director, has indicated his comments are the same as his attached May 10, 2022 Memo related to Definitive Plan 2936A