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Home My WebLink About117 PB Special Permit Decision 020123 TCFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: [III&IJ►1 Il:� TOWN OF YARMOUTH PLANNING BOARD DECISION February 1, 2023 Special Permit 117 January 18, 2023 YARMOUTH TOWN CLERK 123FEO1PM4:02 REC The Davenport Companies, 20 North Main Street, South Yarmouth, MA 02664 The Roman Catholic Bishop of Fall River, 450 Highland Ave, Fall River, MA 02720-3701 PROPERTY: Un-numbered lot off Route 6A, Yarmouth Port, MA Assessor Map 125, Parcel 39 Zoning District: R-40 MEMBERS PRESENT AND VOTING: Chair Joanne Crowley, William Rubenstein, Susan Brita, James Saben, Christopher Vincent and Brad Goodwin Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Cape Cod Times, the hearing opened and held on the date stated above. The Applicant seeks a Special Permit pursuant to the provisions of Yarmouth Zoning Bylaw Section 103 and Section 402 to create a 14-lot single-family cluster subdivision on a 15.3-acre parcel off Route 6A in Yarmouth Port, currently 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. The public hearing for the Special Permit and for the Definitive Subdivision were held concurrently. A Public Hearing Notice for 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. The plans depicting the project include the definitive subdivision plan 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", and the Definitive Site Plan Set for Miracle Way — Faith Road Subdivision. The plans were 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. Yarmouth Planning Board Decision, Petition # 1 17 YARMOUTH TOWN CLERK '23EEUiPm4:02 REC The Planning Board reviewed Preliminary Subdivision 2926B in September 2022 and issued a Certificate of Approval for the plan which depicts the access onto Route 6A meets the 400' road separation requirement of the Yarmouth Planning Board Rules and Regulations Governing the Subdivision of Land, located 10 of the 14 septic systems outside of the impaired Bass River watershed, and which depicts a more robust Landscape Plan. The Preliminary Subdivision Plans were highly developed and a detailed review was conducted by Town Staff as part of this process. 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). The Planning Board considered the submitted plans, which had been modified to address multiple questions and concerns of both the Planning Board and numerous abutting or nearby property owners as part of the review process for Definitive Subdivision 2936A and Special Permit 116, which had a different lot layout. The main issues identified were traffic safety, environmental concerns regarding drainage and nitrogen loading to the impaired Bass River watershed, and the amount of clearing with lack of adequate landscaping. The submitted plans include the relocation of the access along Route 6a further to the east to meet the required 400' separation and improve intersection and stopping sight distances, relocation of all but four (4) of the septic systems outside the Bass River watershed, inclusion of a more robust Landscaping Plan, and detailed stormwater management system meeting the 100-year storm event that will be reviewed as part of the Stormwater Management Permit application process with the Conservation Commission. Pursuant to Zoning Bylaw Section 103.2.2, the Planning Board may issue a Special Permit if 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, Section 402.5.6 of the Bylaw allows the issuance of a Special Permit if the Board finds 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. Finally, and pursuant to Section 402.2, the Board must determine that the applicant's plan allows relatively intensive use of land locally while not increasing the population density on a large scale, preserves open space for conservation and recreation, introduces variety and choice into residential development, meets housing needs, and facilitates economical and efficient provision of public services. Direct abutters most affected by the project voiced questions and concerns about the project. However, on the whole, the Board discussed the fact that the revised layout as presented in Special Permit 117 meets the requirements of Section 103.2.2 and Section 402 of the Bylaw, and that the issuance of the Special Permit will not result in undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. Yarmouth Planning Board Decision, Petition #117 YARMOUTH TOWN CLERK 123FEB1PM4:02 REC Accordingly, a motion was made by Ms. Brita, seconded by Mr. Saben, to grant the request for the Special Permit, as requested, with the following conditions. 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. Sewage systems must meet all state and local health codes with no variances. 3. 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. 4. The project is required to provide for two (2) affordable units in accordance with the provisions of Zoning Bylaw Section 412. 5. 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. The members voted unanimously in favor of the motion. No permit shall be issued until 20 days after the date of filing this decision with the Town Clerk of Yarmouth. Appeals from this decision shall be made pursuant to M.G.L., Ch. 40A, § 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. This decision must be recorded at the Registry of Deeds and a copy forwarded to the Planning Board. Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw § 103.2.5, MGL c40A §9) ne Crowley, Chair Yarmouth Planning Board