HomeMy WebLinkAbout2936C Def Sub - 117 SP Planner Memo 011623
T O W N O F Y A R M O U T H
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492
Telephone (508) 398-2231, Ext. 1276, Fax (508) 398-2365
MEMORANDUM
To: Planning Board
From: Kathy Williams, Town Planner
Date: January 16, 2023
Subject: Definitive Subdivision 2936C & Special Permit #117
Un-numbered lot off Route 6a, Assessor Map 125.39
In preparation for the January 18th Public Hearing on the above referenced project, the Planning Division
has developed some possible conditions for consideration by the Planning Board. Please note that there
are still on-going discussions with the Applicant related to the January 16, 2023 Memo from the
Engineering Department. The Applicant may be providing some minor revisions to address these changes
prior to the Hearing and some conditions may need to be modified or possibly eliminated.
DEFINITIVE SUBDIVISION 2936C: Motion to Approve Definitive Subdivision Plan 2936C with
the following waivers and conditions:
A. Granted Waivers from the Rules & Regulations Governing the Subdivision of Land:
1. Waiver granted from the provision in Section 4.3.1 – Easements, that all utility and drainage
easements be a minimum of 20’ wide, to allow for a 15’ wide proposed water easement along the
property line between Lots 5 and 6.
2. Waiver granted from the provision in Section 5.4.2(a) – Drainage Piping, that all drainage piping
be concrete or corrugated aluminum, to allow for High-Density Polyethylene ADS piping to be
used.
3. Waiver granted from the provision in Section 5.4.2(b) – Drainage Structures, that requires a
minimum of 5.5’ inside diameter drainage structures and requires drainage component chimney
heights to be less than 2.0’, to allow for 4.0’ inside diameter catch basins and drain manholes, and
chimney heights of approximately 7’.
4. Waiver granted from the provision in Section 5.4.4, Utility Locations and Section 4.2.5 –
Roadway Cross Section, that requires water and gas mains to be located on the same side of the
right-of-way, to allow for the water main to be located on the opposite side of the right-of-way
from the gas main and telephone, electricity and other communications cables.
B. Conditions: The following conditions must be met prior to requesting any lot releases:
1. The Subdivision Plans shall be modified throughout to address the minor lot line adjustments
between Lots 7, 8 and 9 as shown in Plan C2 – Site Layout Plan dated January 11, 2023.
2. The Plans shall be modified to address items from the January 16, 2023 Memo from the
Yarmouth Engineering Department.
Community
Development
Department
Definitive Subdivision 2936C & Special Permit #117
January 16, 2023
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3. The applicant must record the Miracle Way Homeowners Association, Open Space Restriction
and Easement, and Operation & Maintenance Covenants with the Barnstable County Registry of
Deeds. Final language to be coordinated through the Planning Division prior to recording. A
copy of the recorded documents shall be provided to the Planning Board.
4. The applicant shall grant any necessary easements to the Yarmouth Water Department.
5. Sewage systems must meet all state and local health codes with no variances.
6. A copy of the Stormwater Management Permit from the Conservation Commission shall be
provided to the Planning Division. Any substantial changes resulting from this permit may
require further review by the Planning Board.
7. The project is required to provide for two (2) affordable units in accordance with the provisions of
Zoning Bylaw Section 412.
8. The applicant shall provide documentation to the Planning Board from a Registered Professional
Engineer or Professional Land Surveyor that the Intersection Site Distances as measured in the
field, generally meet those reflected on C6 – Curb Cut Plan.
9. In addition to notification to the Dept of Public Works and the Water Department prior to the start
of construction, the Applicant shall hire a Registered Professional Engineer to conduct periodic
inspections and provide certification that the roadway and utilities were installed in general
conformance with the approved plans and for preparation of accurate As-Built Drawings.
10. The Definitive Subdivision Plan must be altered to show the waivers and conditions imposed by
the Planning Board.
SPECIAL PERMIT #117: In their review, the Planning Board will need to make findings that the
petition has met the criteria of approval found in section 402.5.6 and 103.2.2 (see January 13, 2022 Staff
Report).
Motion to Approve Special Permit #117 with the following conditions:
1. The Subdivision Plans shall be modified throughout to address the minor lot line adjustments
between Lots 7, 8 and 9 as shown in Plan C2 – Site Layout Plan dated January 11, 2023, and to
address items from the January 16, 2023 Memo from the Yarmouth Engineering Department.
2. The applicant must record the Miracle Way Homeowners Association, Open Space Restriction
and Easement, and Operation & Maintenance Covenants with the Barnstable County Registry of
Deeds. Final language to be coordinated through the Planning Division prior to recording. A
copy of the recorded documents shall be provided to the Planning Board.
3. Sewage systems must meet all state and local health codes with no variances.
4. A copy of the Stormwater Management Permit from the Conservation Commission shall be
provided to the Planning Division. Any substantial changes resulting from this permit may
require further review by the Planning Board.
5. The project is required to provide for two (2) affordable units in accordance with the provisions of
Zoning Bylaw Section 412.
6. The applicant shall provide documentation to the Planning Board from a Registered Professional
Engineer or Professional Land Surveyor that the Intersection Site Distances as measured in the
field, generally meet those reflected on C6 – Curb Cut Plan.