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HomeMy WebLinkAbout2936C Def Sub - 117 SP Planner Memo REVISED 011823 w attach 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, Revised January 18, 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. The remaining issues with the Engineering Department have been resolved with the Applicant through the submission of revised plans dated January 11, 2023 and the attached January 17, 2023 Memo from Engineering. The conditions below have been modified accordingly, along with some suggested language restricting uses and activities in the Open Space lot for consideration by the Planning Board. Due to the minor nature of the plan edits, revised plans have not been distributed to the Planning Board but will be reviewed by the Applicant at the meeting. DEFINITIVE SUBDIVISION 2936C: Motion to Approve Definitive Subdivision Plan 2936C with revised plans dated January 11, 2023, 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. Community Development Department Definitive Subdivision 2936C & Special Permit #117 January 16, 2023, Revised January 18, 2023 Page 2 of 3 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. 3.1. 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. Allowed uses and activities in the Open Space Lot shall generally be limited to vegetation maintenance, planting of native trees and shrubs, passive recreation on unpaved walking paths, or conservation purposes, unless otherwise approved by the Planning Board through an amendment to the Cluster Subdivision Special Permit. 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. 4.2. The applicant shall grant any necessary easements to the Yarmouth Water Department. 5.3. Sewage systems must meet all state and local health codes with no variances. 6.4. Stormwater and erosion control to be reviewed by a third-party during the review of the Stormwater Management Permit Application in accordance with the Yarmouth Stormwater Management Regulations. 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. 7.5. The project is required to provide for two (2) affordable units in accordance with the provisions of Zoning Bylaw Section 412. 8.6. 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. 9.7. 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. 10.8. 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 revised plans dated January 11, 2023 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. Allowed uses and activities in the Open Space Lot shall generally be limited to vegetation Definitive Subdivision 2936C & Special Permit #117 January 16, 2023, Revised January 18, 2023 Page 3 of 3 maintenance, planting of native trees and shrubs, passive recreation on unpaved walking paths, or conservation purposes, unless otherwise approved by the Planning Board through an amendment to the Cluster Subdivision Special Permit. 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. Stormwater and erosion control to be reviewed by a third-party during the review of the Stormwater Management Permit Application in accordance with the Yarmouth Stormwater Management Regulations. 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.