HomeMy WebLinkAbout2936C Def Sub Davenport AGREEMENT RECORDEDBk 35682 Pg296 #10199
03-16-2023 @ 10:04a
PLANNING BOARD
TOWN OF YARMOUTH, MASSACHUSETTS
AGREEMENT
Ref, No._2936C
February 28, 2023
The undersigned applicant hereby covenants and agrees with the Town of Yarmouth:
1. That said applicant will not apply for a building permit for any, lots shown on the
applicant's plan, bearing Yarmouth Planning Board reference number 2936C, as finally
approved by the Board, until the subdivision road is constructedaccording to the
provisions of the Board's current Rules & Regulations. The Planning Board made the
following waivers from the provisions of its Rules and Regulations Governing the
Subdivision of Land:
j-, A. Waiver granted from the provision in Section 4.3.1 — Easements, that all utility and
f 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.
,3 B. Waiver granted from the provision in Section 5.4.2(a) - Drainage Piping, that all
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drainage piping be concrete or corrugated aluminum, to allow for High -Density
Polyethylene ADS piping to be used.
C. 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'.
D. 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
.4 opposite side of the right-of-way from the gas main and telephone, electricity and
tl other communications cables.
2. That said applicant will complete the said ways so as to comply with the provisions of the
Rules & Regulations within Eight (8) years of approval of the plan. The plan drawing
must reference the covenant and this agreement;
�. 7 3. That the said applicant will record this instrument as a part of, but not attached to, said
plan, and;
4. That this agreement shall be binding upon the heirs, executors, administrators and
assigns or successors and assigns of the undersigned.
The Planning Board made the following conditions to their approval:
A. 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
Bk 35682 Pg297 #10199
Agreement, Ref. No. 2936C Page 2 of 3
Planning Division prior to recording. A copy of the recorded documents shall be
provided to the Planning Board.
B. The applicant shall grant any necessary easements to the Yarmouth Water
Department.
C. Sewage systems must meet all state and local health codes with no variances.
D. 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,
E. The project is required to provide for two (2) affordable units in accordance with the
provisions of Zoning Bylaw Section 412.
F. 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.
G. in addition to notification to the Dept ofPublic 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.
H. The Definitive Subdivision Plan must be altered to show the waivers and
conditions imposed by the Planning Board.
Witness my hand and seal this day of A. 2023.
Christian Davenport, The Davenport Companies
Commonwealth of Massachusetts
Barnstable County
On this �+ day of _ i f}C+' t 2023, before me, the undersigned notary public,
personally appeared Christian Davenport, proved to me through satisfactory evidence of
identification, which was ',_ ti_r- S �� L; ! ! ; r,g v'� - - +�`k , to be the person whose
name is signed on the preceding document, and acknowledged that he signed it voluntarily
for its stated purpose.
Public
nt Name: �� ti �: `` Cc,; -1 "1� C Ci 1 c.J',
My commission expires:_ 1 '_
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JOHN F. MEADE, REGISTER
BARNSTABLE COUNTY REGISTRY OF DEEDS
RECEIVED & RECORDED ELECTRONICALLY