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HomeMy WebLinkAbout2936C FORM C-1 Definitive Approval 020123 TCFORM C-1 PLANNING BOARD TOWN OF YARMOUTH, MASSACHUSETTS CERTIFICATE OF APPROVAL OF A DEFINITIVE PLAN Ref. No 2936C February 1, 2023 YARMOUTH TOWN CLERK Town Clerk Town of Yarmouth, Massachusetts 123FEBIpm4:06 REC RE: Planning Board Reference No. 2936C Applicant: The Davenport Companies, 20 N. Main Street, South Yarmouth, MA Owner: The Roman Catholic Bishop of Fall River, 450 Highland Ave, Fall River, MA Un-Numbered Lot off Route 6A, Yarmouth Port, MA (across from Hockanom Rd) Assessor Map 125, Parcel 39 It is hereby certified by the Planning Board of the Town of Yarmouth, Massachusetts, that at a duly called and properly posted meeting of said Planning Board, held on January 18, 2023, it was voted unanimously to approve a definitive subdivision plan submitted by The Davenport Companies, 20 North Main Street, South Yarmouth, MA 02664, entitled "DEFINITIVE SUBDIVISION PLAN OF LAND OF THE PROPOSED SINGLE-FAMILY CLUSTER DEVELOPMENT AT LOT 2, ROUTE 6A, YARMOUTH PORT, MA FOR THE DAVENPORT COMPANIES". The plan was prepared by John M. O'Reilly, P.L.S., of J.M. O'Reilly & Associates, 1573 Main Street, Brewster, MA 02631 and dated January 11, 2023. The cluster subdivision creates fourteen (14) single-family lots on a 15.3-acre un- numbered lot off Route 6a in Yarmouth Port, MA, located across from Hockanom Road, as shown on Assessor Map 125, Parcel 39. The application requesting this action was received by your office on October 26, 2022, with a thirty (30) calendar day extension filed with your office on November 18, 2022. The following waivers from the Planning Board's Rules and Regulations Governing the Subdivision of Land were granted: 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'. Form C-1, Certificate of Approval of a Definitive Plan, Ref. 2936C, Page 2 of 3 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. The following conditions for approval are imposed and must be met prior to requesting any lot releases: 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. 2. The applicant shall grant any necessary easements to the Yarmouth Water Department. 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. 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. 8. The Definitive Subdivision Plan must be altered to show the waivers and conditions imposed by the Planning Board. Endorsement of the approval is conditional upon the provision of a performance guarantee, in the form of a Covenant and Agreement duly executed and approved, to be noted on the plan and recorded at the Barnstable County Registry of Deeds. Said form of guarantee may be varied from time to time by the applicant subject to agreement on the adequacy and amount of said guarantee by the Board. YARMOUTH TOWN CLERK '23FEBIpm4:06 REC Form C-1, Certificate of Approval of a Definitive Plan, Ref. 2936C, Page 3 of 3 NOTE TO PLANNING BOARD: Conditions should be written on the endorsed plan which is recorded or should be set forth in a separate instrument, which could be a copy of the approval vote, and which should be referenced on the endorsed and recorded plan. NOTE TO TOWN CLERK: The Planning Board should be notified immediately of any appeal to the Superior or Land Court on this subdivision approval made within the statutory twenty (20) day appeal period. If no appeal is filed with your office, the Planning Board should be notified at the end of the twenty (20) day appeal period in order that the plan(s) may be endorsed. Joann rowley, Ch irman Yarmouth Planning Board YARMOUTH TOWN CLERK A true copy, attest: '23FEBIpm4:06 REC William Rubenstein, Clerk Yarmouth Planning Board Duplicate copies to applicant's representative Duplicate to File 2936C