HomeMy WebLinkAboutDecision 1394Z•/Lc17C i[
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TOWN OF YARMOUTH
BOARD OF APPEALS
Filed with Town Clerk:
Petitioner: Environmental Housing Associates
255 Newtonville Ave.
Newton, Mass.
DECISION
Hearing Date: 11/18/76
Petition No.: 1394
The petitioner requested a special permit to allow the construction of an Open
Space Village Development on 5 contiguous parcels of land containing a total of
approximately 28 acres between Forest Road, Long Pond Dr. b Swan Pond, So. Yarmouth,
ass. Such Open Space Development, as proposed, consists of 18 structures (4 attached,
for a total of 14 buildings) containing a total of 150 rental dwelling units (68
one -bedroom, 44 two -bedroom, 30 three bedroom, 8 four bedroom) and one building for
use as a community building. Shown on Assessors map #35-K1.
Members of Board of Appeals present:
DONALD HENDERSON HERBERT RENKAINEN
DAVID OMAN PHILIP DEMPSEY
JOSEPH PANDISCIO
It appearing that notice of said hearing has been given by sending notice
thereof to the petitioner and all those owners of property deemed by the Board to
be affected thereby, and that public notice of such hearing having been given by
publication in the'Cape Cod Times on 11/1/76 and 11/8/76, the hearing was opened
and held on the date first above written.
The following appeared in favor of the petition:
Attorney Richard Anderson, Mr. Prager, Mr. Pass, Project Manager
The following appeared in opposition:
Mrs. O'Connor, Mr. Fortunato, Mr. Place, -Mr. Hughes, Mr. Perry, Mr. Colgan,
Mr. Shaw, Mr. Quinn, Mr. Ounston, Mr. Keever, Mrs. Miller, Mrs. Curry, Mrs. Colgan,
Mr. Lawton, Mr. Sabulis,iMr. Vashon, Mr. Nelson,rMr. Moore.
REASONS FOR DECISION:
This is a request for an Open Space Village Development under Section 18.07 of
the Yarmouth Zoning By-law, which request may be granted by this Board by way of a
Special Permit. The applicant has submitted an Overall Development Plan dated 15
October, 1976, by Larkin, Glassman b Prager, Architects, which consists of 25 sheets
and is hereinafter referred to as t'!Rla'411!11'•
Petition No. 1394
Page 2
The proposal is for 150 units, 68 of which would be one bedroom, 44 two bed-
rooms, 30 three bedrooms, and 8 four bedrooms. Ownership of the entire land area
shown on the plan and all of the units would remain in one entity and the units
would be rented.
The Board finds that plan 1 meets all of the requirements of Section 18.07,
3, C. Since this is not a condominium type project, there is no commonly owned
open space, so 18.07, 3, 0, does not apply with the exception of a development
schedule. With respect to this, the petitioner has stated that all units would be
constructed at the same time, construction to start when all permits have been
obtained.
Copies of the application and plan were submitted to the Planning Board, Board
of Health, Conservation Commission and Fire Chief, in accordance with 18.07, 39 E
'and reports have been received from all of them.
The criteria for approval of an open space village development are set forth in
18.079 3, F. Under the formula set forth in the by-law, the petitioner could build
163 units, but is requesting only 150 units. Multi family dwellings are an allowed
use in this area. The plans indicate that there are 27 private residences, or
partially completed residences, within 500 feet of any proposed multi family
structure, whereas 30 such dwellings are permitted within that radius. Access is
over Forest Road and Long Pond Drive to Route 28 so that 18.07, 09 3, is satisfied.
With respect to 18.07, 49 petitioner has indicated that town water is available
to service the project and this Board requires that town water service be utilized
to the exclusion of private wells. As of the date of the hearing, petitioner did
not have state approval for his on -site septic system, and this Board's approval is
conditioned on approval of the septic system by the Department of Environmental
Quality Engineering and that actual placement of the system, in accordance with
Petition No. 1394
Page 3
plan 1, be closely supervised by the Town Building Department at all stages of con-
struction. Petitioner represented that no portion of the septic system would be
closer than 300 feet to Swan Pond or the Herring Run, which more than satisfies
the minimum requirements of 18.07, 4, paragraph 2. It appeared from the presen-
tation that the soil characteristics are such that no ground water or surface water
pollution will result .
With respect to 18.07, 51 66% of the land will remain open space and there
•will be no buildings constructed within 175 feet of the pond or herring run. The
by-law (18.07, 5) allows this Board to reduce the distance between a pond or stream
from 250 feet to a minimum of 100 feet, on a showing by the applicant that the site
plan will be enhanced and that environmental degradation will not be substantially
increased due to the reduced setback. The Board is satisfied that there will be no
.additional degradation and grants a waiver to allow buildings, as shown on plan 1, to
be a minimum of 175 feet from the pond and/or stream.
With respect to 18.07, 6, petitioner has represented, and this Board requires,
that all lighting of parking areas be glare free and that parking areas be screened
from abutting properties. Further, fire lands have been provided to comply with
18.07, 8, and the Fire Chief in his report to this Board did not express any objec-
tions to the project. There is to be no parking on the main arterial access road.
In accordance with the,Planning Board's recommendations, the following additional
conditions are imposed as part of the special permit granted hereunder:
"This property is shown on a plan of land approved by the Yarmouth Planning
Board on September 2, 1976, as subdivision plan No. 2182D-19 entitled 'Swan Pond
Village, Scale 1" = 1001, dated June 23, 19769 GHR Engineering Corporation',
hereinafter known as 'Plan 21. The access to the various parcels of land shown
thereon is by way of a 200 foot long, 40 foot wide way, cul-de-sac and 'Proposed
Easement', which collectively are to be considered as the right-of-way to the
dwelling units, and are hereinafter referred to as 'Right-of-way', meeting the
criteria of a 'Collector Street' as set forth in the Yarmouth Planning Board
'Rules and Regulations Governing the Subdivision of Land', effective January 1,'74.
Prior to the institution of the right-of-way construction, an easement will be
recorded at the Land Registration Office of the Barnstable County Registry of
c
Petition No. 1394
Page 4
Deeds appurtenant to each of the lots shown on Plan 2. Each lot shall be subject to
said easement to the extent applicable, and said easement shall be such that each
lot shown on Plan 2 shall have the benefit of access over the same to Long Pond
Drive and to Forest Road as shown on Plan 2.
The Planning Board, through the Town Engineering Department, shall have the right
of inspection and final acceptance of the construction of the right-of-way,
drainage system, and utility service, prior to the issuance of any building
permits or conveyance of any lot.
r
The construction of the right-of-way, drainage system, and utility service
shall conform to the Planning Board Rules and Regulations as above referenced, and
be completed prior to January 31, 1979. If the right-of-way is not commenced by
January 31; 1979, said construction will have to meet the requirements of the
Planning Board Rules and Regulations in effect at the time of construction.
The following Planning Board Rules and Regulations shall also be complied with:
SECTION TO BE COMPLIED WITH: AMENDED SECTIONS
411
421 (f) the centerline radius of the Forest Road
421
(a-d)
intersection shall be 98.86 feet.
(q-i), (k)
421 (j) Excluded.
423
422 Excluded. The right-of-way layout will be
426
(a)
26 feet wide.
431
423 In addition to the requirements of this sec-
432
tion, profile plans as set forth in Section
433
342 m (1-5, 9-11) shall also be presented to
434
the Town Engineering Dept. for examination and
441
approval by the Planning Board prior to con-
442
struction.
443
424 Forward sight distances shall not be less
462
than 450 feet.
511
425 Excluded.
512
426 (b) The dead-end street turnaround shall have
513
an outside diameter of 40 feet.
514
435 Any easements required will be recorded at the
515
cost of the owner, at the Land Registration Office
52
of the Barnstable County Registry of Deeds prior
531
to the issuance of any building permits.
532
451 Town water will service all dwelling units.
533
452 Excluded.
541
(a-b)
461
542
(a-d)
463
545
464
551
552
553
'i
Petition No. 1394
Page 5
554
516 The pavement width, including curbing
555
or berms, shall be 26 feet; the cul de sac at
556
Station 2.50 on the above plan will not be
558
constructed; and the turnaround at Station
611 (a—b, e)
19+25.08 shall be constructed to the full
612
40 foot radius with an island, radius of 15
613
feet.
614
543 & 544 The underground utilities will be
62
installed as set forth in this section outside
the right-of—way, after a plan showing their
location is examined and approved by the Town
Engineering Dept., and proper easements there—
for are recorded at the cost of the owner, at
the Land Registration Office of the Barn—
stable County Registry of Deeds.
557 Excluded.
611 (c & d): Prior to issuance of any building
permit for any structure or structures on
'
any lot or. -lots shown on plan 2, the -right—
of—way asphalt base course shall be completed
and accepted by the Planning Board. Prior
to application for or issuance of any occupancy
permit for any dwelling unit, the right—of—way
shall be completed (inclusive of drainage and
all utilities) and approved by the Planning
Board or a surety bond for 12 times the
completion cost is posted in accordance
with Chapter 41, Section 81U, subsection
(1) of Mass. General Laws.
63 Excluded. "
Section 18.079 F is inapplicable to this appeal, as it deals with condominiums.
Under the by-law, the petitioner must provide a minimum of 188 parking spaces,
but 234 have been provided. In addition, all dimensional requirements of 18.07, 4,
C have been met. Under that section, no more than 25% of ground coverage is allowed,.
but petitioner's project would cover only 6.42% of the land area. The proposed
buildings would be 2 stories with a maximum height of 28 feet, while the by—law
allows 35 feet and 22 stories as a maximum.
The Board finds that Petitioner has complied with all relevant requirements
of 18.07, 4, and that plan 1 is far superior to a conventional one in preserving
open space for conservation or recreation, in utilizing natural features and in
allowing more efficient provision for streets, utilities and other public services
Petition No. 1394
Page 6
and is at least equal to a conventional plan in other respects. In addition to the
items already mentioned, the Board notes that further evidence of the foregoing is
that there is a minimum change of the topography, there is much less road footage
than in a grid pattern subdivision and the developer has pledged to maintain all
vegetation not moved by building or road construction. All utilities will be
underground, too.
Consequently, the petition for a special permit is granted subject to the
foregoing conditions and subject to the following conditions:
The Petitioner has represented to this Board, the Conservation Commission, and
the Planning Board, among others, its concern for the preservation of the herring
run between Swan Pond and Long Pond, which crosses this property. As a condition
of our approval, this Board requires that prior to the start of any on -site con-
' ,structiong the owner deed to the Conservation Commission of the Town of Yarmouth,
_for a nominal consideration, the fee in a strip of land 40 feet in width, the length
of the herring run where it crosses this land, the precise location of the sidelines
of the 40, strip to be determined by measuring 20 feet from the centerline of the
herring run on either side. In the alternative, if for some reason it is impossible
to grant the fee in said 40 foot strip, then the owner shall, prior to the start
of any on -site construction, grant to the said Conservation Commission, a perpetual
easement in this same strip of land, which easement shall be in a form satisfactory
to that Commission, shall as a minimum provide for perpetual access by the Commission
to reconstruct, manage and maintain the herring run, shall provide that the strip
of land shall be kept in its natural state, and shall provide that the Conservation
Commission shall have exclusive control of the easement area and the power to control
access. The recording of a deed or easement at the Barnstable County Registration
Office, which deed shall be endorsedvby the Yarmouth Town Counsel as to form, shall
be conclusive evidence of the petitioners compliance with this condition of our
approval.
Petition No. 1394
Page 7
Members of Board voting:
DONALD HENDERSON - Voted in favor
DAVID OMAN -
HERBERT RENKAINEN -
PHILIP DEMPSEY -
JOSEPH PANDISCIO - Voted not in favor
No permit issued until 22 days from the date of filing the decision with the
Town Clerk.
Robert W. Sherman
Clerk
• TOWN OF YARMOUTH
BOARD OF APPEALS
owNER: NAME: RO}3 = Le S=LEY, or 25 Uain Street, APPEALS #
Yarmouthpoxt, Mass. t and Y.L MLI TH ii, SMUT*
of 34 Studloy head, So. Yoxmouth, flags.
PETITIONER: NAME: L'nvironmantal Mousing Associatea
ADDRESS: 255 Newtouville Avenue
Ucwton, idaos.
BOARD OF APPEALS, YARMOUTH, MASS.
This petition when completed and signed must be filed with the Board of Select-
men, Yarmouth, Massachusetts, along with the fee of $20.00.
DATE: Oct��oTTbar1976
PAID:
�i���'-�ei���i+'€bpi"a¢��i�?f�SrN2idb?SSb36'i�3ii'�h'��i2iL1�i�3tlitL►}t�'st
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• 3'e'��i��ir���i'�fii�fiiSpL�c�b�o�Fjt���Ki�j�';,;��'►t, � ���
2. -Y, We, hereby request the action checked below:
3. A special permit from the Board of Appeals.
To all w•Construction of au Open Space Villago Devolopnont on 5
contiguous parcels of laud containing) A total of approximately 20 aCZOY
between Forast Road, Long Pond Drive, and Swan Pond, South Yarmouth& Such
Open Space DwveloPmont, As proposed, consists of 18 structures (4 attachod,
for a total of 14 buildings as indicated by the legend appearing on sheet
1 of the drawings accompanying this pmtition) containing a total of 150
rental dwelling units (60 ono-badrooa, 44 twro bedroam, 30 thzee-bedrooms
0 four -bedroom and one building for use as a community building.
M ple 35 a4o r g /
3. Reason for the Board of Appeals action as checked below:
1. Contra r to Zonin b -laws as follows:
1.
2.
3.
2. Approval of Board of Appeals, or Special Permit requested under the
folltuaCC n i�0 nf `°r nsy c� Village Dovelopmoat
1.
2.
Names and addresses of abutting property owners, an o�s� pem1 lA� AUSOCi�itCa
affected by this application. (At least three.)
Signs
rnOy
e fully submitte C
• THE COMMONWEALTH OF MASSACHUSETTS
arfftgPt.h................................ .........Y............
GrY OR TOWN
BOARD OF APPEALS
................................ AP, r.1.1...22.t........19 77
NOTICE OF VARIANCE
Conditional or Limited Variance or Special Permit
(General Laws Chapter 40A, Section 18 as amended)
Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted
To...............................Environmental Housi.ny. Associates
................................ .......................
owner or Petitioner
Address ......................?.r.? Newtonvi 1 1 e Ave.
Cityor Town ............. Newton-t.. N§A.........................................................................................
....................... Assessors maP... 35-K1
...........................................................................................
Identify Land Affected
.......................................................................................................................................................
City
by the Town of ............ Yarmou,th................................................. Board of Appeals affecting the
rights of the owner with respect to the use of premises on.
Forest Rd _S.-Long Pond P.r..t..�r..Staan...P.and.,...S.a.,..Yarmouxh,...Mass..........
•-••• Street City or Town
the record title standing in the name of
Robert L. Studley Kenneth H. Studley
................... ...........
whose address is ... 2.'5..Main..S,x.,,s._Yunng.uthpor.X4..aid..34... Stub.lay...Rd,.r... Sa_..Yanalouth
Street City or Town State
by a deed duly recorded in the ..... Barnstable .......County Registry of Deeds in Book
................ Page................UOL':"""""""""""" .........Registry District of the Land Court
Certificate No—IZ5..0...... DAU.... Book ................Page................
The decision of said Board is on file with the papers in Decision or Case No .... 1394...........
City
in the office of the Town Clerk ........... of ...... Yarmouth. . ........................................ ...........................
......
Certified this..1.114.day of ........................... April .......... 19 77 ,
Board of Appeals
� r
�...................Chairman
Board of Appeals
................................................................................Clerk
Board of Appeals
................................................19........ at .............. o'clock and ................................ minutes ....Al.
Received and entered with the Register of Deeds in the County of ..........................................
Book........................ Page........................
ATTEST
Register of Deeds
Notice to be recorded by Land Owner.
roRM 1094 HOODS & WARREN. INC.. RaviaeO CHa►IeR 212.1ee3
TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal No. 1394
Environmental Housing Assoc.
November 18, 1976
Members present: Donald Henderson, David Oman, Robert Sherman, Joseph Pandiscio,
Philip Dempsey, Herbert.Renkainen.
The Chairman'called the meeting to order and read the petitbn. All abutters were
notified by Certificate of Mailing and the necessary correspondence was made in
the Cape Cod times and the Dennis -Yarmouth Register.
Mr. Anderson, Attorney: We are here seeking a special permit under 18.07, Open
Space Village Development and 18.10 of the zoning ordinance. As you have indi-
cated, the locus is situated in South Yarmouth, bound on northwest by Swan Pond,
northeast by Forest Rd., southeast by Long Pond Dr., south by the shopping center.
The total area of locus consisting of 5 parcels, contains about 28 acres. The
site is located in an R04 district where you could put single family houses on a
lot 15000 sq. ft. The proposal consists of 18 buildings, or 14, with 4 attached,
situated in clusters of 5. Access from Forest Rd. and from Long Pond Dr., which
connects to Route 28. Within the site, access to clusters is all by private roads
and lanes. No public ways running through. The proposed 150 units would be 68 one
bedroom, 44 2 bedroom, 30 3 bedroom and 8 4 bedroom. This is not a condominium
project. This is one proposal in its entirity to remain as a single entity, rental
units. At this point, I should say I have been involved with this project for
almost 2 years. We have been meeting with county agencies, boards of the towns,
and throughout I will be making remarks made to studies, approvals that have been
given. Every statement can be documented by materials in my file. Their home
base is in Newton. Since 1969 they have been developing housing throughout New
England. 150 units in Dover, New Hampshire, 320 in Ma:4!120 in Maine, Some in
Brighton and Randolph and Framingham. In addition, they have constructed over 1,000
single family houses. In developing complexes such as this, through a subsidiary
company, they constantly maintain and operate every project that they develop.
They do not build and walk away. They are there - they remain there and take the
responsibility for seeing that what they have developed is maintained through out
the years. Othere putting this package together are the sanitary engineer, the
architects that did Halcyon, Prof. Boutwell of Yale University has helped. Prof.
Wayland, soil analysis. Local agencies involved have been most helpful, all boards.
All have had their part in this final product. Also Whitman and Howard, sanitary
engineers that have been working with the Town of Yarmouth. There has been a great
deal of effort teas put into what we are presenting here tonight. Before filing
this, we had many reviews with the Planning Board. They have waived the rules and
regulations pending this tonight: They indicated by letter that all the require-
ments of 18.07,3,F have been met. We then filed with the Board of Appeals for a
special permit - 25 sheets in the plans. Going to the by-law, 18.07, 39F9 it says
a special permit shall be granted if the requirements have been met, etc. We concur
with the Planning Board in their indication that we meet everything. 66% will
remain open space. Nothing within a distance of 175' from Swan Pond. No construc-
tion within 1751 of the herring run. It will be preserved, improved and this will be
Petition #1394
Page 2
by agreements that have not yet been.formalized. There will be a clear understanding
between the Environmental Housing and the Conservation Commission that the control
of the Herring Run and a suitable land area on either side of the run will be passed
under the exclusive control and jurisdiction of the Conservation Commission. Mr.
Newton has met with us many times and his Commission, and we are all in accordance that
this is what we should do. We will follow through on that committment. At this time,
contrary to what some people might feel, the herring run is private property. No
one has the right to go on that property. By our agreements with the Conservation
Commission, the herring run will be put under their control. The site plan shows that
we propose to maintain all of the vegetation that is not moved by construction and roads.
This proposal is more efficient than a normal subdivision that has mile after mile of
asphalt. One road here coming in serves the whole project with lanes coming off the
main road within the subdivision to clusters. All internal roads are private, causing
no concern or burden to the town. With respect again, still referring to requirements
of the by—law, utilities — we have public water available from a public street and
water supply, utilities are available, catch basins, and are all clearly laid out on
sheets 13 and 14 of the overall development plan. All will be underground. Is this at
least satisfactory to a conventional subdivision? I say 75 to 78 roads within this
locus, with no restrictions, they may utterly denude it, no limitations on how large,
how many bathrooms or anything. I suggest this is at least equal or superior to grid
type subdivision. 18.0794, these give requirements of the number of units we could have.
163, and we are requesting 150. "B", Multi family houses are allowed under Open Space
Development. Dimensional regulations, 4C, maximum can be allowed 25%, we will cover
6.42%. Maximum height of buildings, 2 one half story, 351. Ours, 2 story, maximum
height from ground to top roof, 281. On sheet 3 of the plan, there are not 30 single
family houses within 500' of our proposal, only 27 counting foundations that are in.
There is adequate access from Forest Rd. and Long Pond Dr., soil is highly suitable
for septic on —site systems. The project does contain this type of sewage on a temporary
basis, shown on page 21 to 25 of the plan. The determination that all on —site sewage
disposal is acceptable has been made by Dr. lfaylon, endorsed by Whitman and Howard, the
town's sanitary engineers, by the state engineers and by the Yarmouth Board of Health.
We are presently awaiting approval of the plan from the state dept. of public health.
Their approval is absolutely critical. They have been under one review, which will be
coming within the next 3 or 4 weeks. No part of the system is within 300, of the
pond or herring run. We have put a great deal of consultation into the sewage with
the Board of Health and Whitman and Howard. We have made it clear — and plans will
show this — that the system has been designed to facilitate tying in with the new
system when it is available in the town. The site plan shows a sensitivity to the
ecology. Minimum of topo change, no visible pollution between buildings themselves.
We ask that the Board permit us to maintain the buildings within 175, of the pond
and herring run. Our site plans show we are a minimum of 175' back, the by—law
says 2501, subject to modification down to 100' if it is indicated that by so doing
there will not be any increased hazzard of erosion or contamination of surface
water, etc. None of this will be present if you reduce that setback to 1751. All
lighting will be glare free. Location of parking area will be such that with the
proposed landscaping, visibility will be minimum. Section 4, 8, there are fire
access lanes to afford access by emergency vehicles to the front of each building.
There is a letter filed with you showing that they have approved this plan, the
Chief and Deputy Chief of the Fire Dept. The plan has been approved by the Planning
Board. 18.07,E — we comply with respect to the common open space areas, 18.07F.
This is not a condominium. F is applicable to condominiums. This is always going
to be under single family ownership, under the control of the owner. This is why
I mentioned earlier, I do not know at this time how we will work things out with
the Conservation Commission. If we can do it, we will give them a deed in fee to
the herring run. If that would be in violation of Sec. G, then it will be an
Petition #1394
Page 3
irrevocable, long—term exclusive easement to the Conservation Commission. Parking-
18.11,2. We xegmeaxedxi are required to have 188, we have provided for 234. All
construction would be wood frame, cedar shingles, pitched roof on every building.
If this proposal received approval of this Board, during the period of construction,
a large majority of axii artisians will be drawn right here from this area. This
is the policy of this agency. The proposal has received approval of Board of
Selectmen, Board of Health, Conservation Commission, Planning Board, Town Engineer
and Fire Dept. This proposal has been carefully conceived and we have had a lot of
input. Different things have appeared in the local papers, the Cape Cod Times and
the Register today. I cannot close my eyes to references that were made. They
say increased crime, increased wellfare, and this type of thing brings in people
who don't want to work for a living, and they say it is a low class of people that
they draw, and they turn the place into a dump, etc. This is a privatly controlled
development, privatly built but with a mortgage financed from the Mass. Housing
Agency, M.A.F.U.A. They have a 3.75 million dollar motgage construction loan.
Does that sound like we are going to put up slums? Under the terms of any committ—
ment made by M.A.F.H.A., they ae required. -to commit 25% of the available rental
units to low and moderate income to individuals or families. What is wrong with that,
to provide housing to these people? This does not mean that just because someone
is low income that they as of right can take up occupancy and tenancy, in such a
proposal such as thn this. They must qualify on many basis. They must be the type
of people that the manager —owner feels will be suitable and acceptable tenants. It
seems to me that low income people and moderate income people deserve to have an
attractive and comfortable place to live. Just be use they might be in these
brackets doesn't mean they should live -in -a ;. Low income does not equate to
a we] efare person. There are many low income people who mark wellfare — won't
work. For every one of them there are many many times the number of low income
people or moderate income people who are elderly alone. There are a lot of people
who cannot live within there budgets, people who have worked all their lives and
still can't afford something. They are not bums — they are not wellfare. They have
a right to live in relative comfort. Someone said something that was very bad. I
assure you that the apartments, both low income and those available to financially
comfortable people, will be available to blacks and any minority gooups. We have
fulfilled the intent and purpose of the by—law. We have met every criteria of the
by—law. If this is granted, there will be no nuicance, or any harm to any character
of the neighborhood.
Mr. Henderson: The various town boards are requested to make reports. Planning
Board, in favor. Conservation Commission, in favor. Board of Health, in favor.
Fire Dept., in favor.
Mr. Oman: I believe there are no basements in any of these. Where are the storage
facilitjes for things ouch as you would put in those for boats, bikes, etc.?
Mr. Prager: The storage is in connecting buildings, shown on page 3, as the clusters
turn corners. Also little storage buildings in each cluster, set aside for that
purpose, plus the community building.
Mr. Oman: The community building does show that these little squares you have a
total of 278 bedrooms. You have done other projects. I presume this is what you
have found to be a proper amount of storage?
Mr. Prager: There is some 1200 sq. ft. of storage, plus around each cluster there
are storage areas. Each unit has a storage unit plus the common storage area.
r,
Petition #1394
Page 4
Mr. Oman: What about boats or recreational things?
Mr. Prager: We have provided more than the required amount of parking spaces
which they can use.
Mr. Oman: Have you had an occassion to fill these in a resort area?
i
Mr. Prager: 109 units in Brewster - this was taken care of in the parking area,
and in the common storage area. That facility is known as "Kings Landing.
Mr. Oman: There has been talk about a sewage treatment plant on the premises, as
opposed to the type of on -site systems. Have you ruled this out as being not
economically feasible? Is it a possibility to have a treatment plant?
Mr. Anderson: That is not possible for the reasons you have alluded to. Con-
sidering the tests and soil conditions, this has been examined and reviewed by
highly qualified engineers in the field. Also, in some point in time there will be
town sewage available. When there is, we will tie in. We do not look upon this as
a permanant system.
Mr. Pandiscio: You made reference to the fact it would be possible for the developer
to deed the herring run property over to Conservation Commission - if it were not
deeded over to them, who would maintain it, and at whose expense?
Mr. Anderson: I would like to refer that to Mr. Newton, and ask him who maintains
it now?
Mr. Newton: The town and the Conservation Commission.
Mr. Pandiscio: Who would maintain it if it werems not deeded over, the developer?
Mr. Anderson: I don't know what kind of a project maintaining it would be. I
would assume, whether it is deeded to the Conservation Commission or no#j, we will,
and a perpetual exclusive easement so that the Conservation Commission and the
town will know that the future of the herring run is.secure. I would anticipate,
even if this is done by means of easement, the Conservation Commission would continue
to perform as they do now. We have never discussed with them when this wasn't a
major consideration. We worked toward some vehicle or understanding that the con-
trol of the run would pass into the hands of the Conservation Commission.
Mr. Pandiscio: What is the rent schedule?
Mr. Anderson: From $290 per month up to $458.
Mr. Pandiscio: Would that include utilities?
Mr. Anderson: That includes everything.
Mr. Pass: Includes the basics, like heat. Electricity would be paid by the teeants.
Mr. Sherman: You said the PlanningBoard has given some deviation from the road
requiromems.
Mr. Anderson: There are 5 roads in the locus. When we went to the Planning Board
we said we did not want self contained roads or a conventional subdivision. We
would then have to -meet other requirements, so we asked them to waive the require-
Petition #1394
Page 5
ments with respect to roads, pending the outcome of this hearing for the reason
that one road comes in and travises all 5 parcels. It was determined that we
would have easements granted in due legal form and recorded so the parcels had
easements over the roads, etc. A single road open to everyone within this site.
If this is satisfactory to the Board of Appeals, then they are saying, fine, we
are not concerned that,it does not comply with the requirmmobs.
Mr. Sherman: Then they were satisfied with the width of the roads?
Mr. Anderson: Yes. You cannot get from the first road out to a public way with-
out gang over the other roads, so they wanted group easements so one is inter-
related to the other.
. Mr. Dempsey: Will this be built at one time or in phases?
Mr. Anderson: All at one time.
Mr. Renkainen: 25% of this to be for low income or moderate income - that means
about 38% would be about 38% would be for low income at what range?
Mr. Anderson: The range would be the same. The rents for that is the same. Say
a one bedroom unit, rate, $290 per month. If that particular unit is leased by
someone who qualified as low or moderate family, $11,300, ;you would have to be
considered low income. $290 per month, he pays 25% of his income towards the rent.
The difference is made up by the Federal and State agency.
Mr. Oman: Is that site plan the same as ours? What are those other buildings?
Mr. Anderson: Those are all trees.
Mr. Henderson: I would like to explain something to the people here. You may
never have been before a Board of Appeals before. We act under the by-law that
you people adopted at the town meeting. Open Space Village Development is per-
mitted under this by-law. One section, the petitioner must demonstrate to the
Board's satisfaction, is no undue nuicance or hazzards, etc. We have to find that
the plan complies with the requirements. We must find that this plan is superior
to a regular subdivision plan. Must have open spaces. Must allow for more
sufficient roads. Must be at least the same as a regular subdivision. The town
made the by-laws, we did not. I am not pre -judging this appeal. After we hear
everything from everyone, we have to apply the by-law. That is our only function.
With that in mind, I will ask for questions and comments. State your names, speak
one at a time. Everyone will be heard.
Mrs. O'Connor: He said 75 single family houses here, 75 families, 1fO as it stands
now. I live on Forest Road and have for 10 years. I have trouble with my septic
tanks now. I presume other people have the same problem. Regarding taxes - would
the town take in more taxes on75 houses or more for this whole unit?
Mr. Henderson: I have no way of knowing that. Mr. Anderson said it is a 3.5 million
dollar mortgage. I assume some equity over that, say $4 million. I don't know
whether 75 houses are worth $4 million.
Mrs. O'Connor: They talked about town sewage 10 years ago - that should be some-
thing worth thinking of.
Petition 0394
Page 6
Mr. Fortunato: I would like to compliment Mr. Anderson on the presentation.
Regarding the impact on the town. Environmental Housing has developed other
projects — what are the stats of the percentage of low cost housing and what
is the effect on the towns?
Mr. Anderson: Mr. Pass is the Project Manager and can answer that.
Mr. Pass: To answer the question, of the 67— units built since 19699 they are
all of what we would call subsidized class. We have achieved some very excellent
results. I would like to send you a copy of a letter on file from the mayor of
New Hampshire. He states that the projects in Manchester, 320 units, are the
best designed, managed, best behaved in the city.
Mr. Fortunato: You'haven't answered my question. What has been the percentage
of low cost housing units occupmed in Mass.?.
Mr. Pass: Of the units we have built, they have all been built on the #236 pro—
gram. It is different from Mass. housing. Mass. housing has 25% factor of low
and moderate income. Of the ones built previously, they have been 100% low income.
We are looking at 100% down to 25% now. We have had excellent results with 100%
low income.
Mr. Fortunato: What you are suggesting, 100% of these will be funded by Federal
and State agencies.
Mr. Pass: All -others have been low income. 158 to 170 to $175 per month. We are
comparing apples to oranges here.
Mr. Place: There have been projects like this before. There is one in New Bedford
with a certain amount of low income, certain amount of moderate income. No one in
high income would go in there. The high income part stood idle 6or a long time. A
person with a high income will not live with a low income. The septic systems in
the town of Yarmouth is awful. Something should be done about it. It is disgraceful.
Mr. Hughes: Who will pay for the new school, increased police protection, etc.?
I am an electrical contractor. I have put some of these places in.
Mr. Perry: I am concerned about the dnvironmental impact to the pond and the herring
run. I would like an environmental impact study from the Federal Government, and
would like to make that a motion. Motion seconded.
Mr. Henderson: I have made a note of the request and response.
Mr. Colgan: I have a few questions. Utilities will all be paid for but the heating.
How is the building heated?
Mr..Pass: Gas.
Mr. Colgan: This is a good concept, but my point would be part of the requeshments
for the Town of — I think one requirement would be that they come from the Town
of Yarmouth, so we won't be getting other wellfare people in.
him. Shaw: Mr. Pass never answered Mr. Fortunato's question. It affects all of us.
What affect will that have on our property?
Petition #1394
Page 7
Mr. Pass: I appologize if I dmdn't answer right. We have found no affects on any
other properties. In our projects we have come in and have gone through just what
we are going through tonight. The result is a lot of concern expressed. This
point in time, when the approval comes, when it is built and when it is brought
into the community, many people might find their parents might move in or their
children move in. When the project is built, it is intregated into the community
and is well received.
Mr. Quinn: What do you propose to do with 150 new families moving into a small
project with no basement, very small storage space. What about all the garbage?
Mr. Pass: Refuse will be picked up by private contractors.
Mr. Ounston: Every summer we have been told to restrict our water use. There
seems to be a shortage of water in the town.
Mr. Keever: The impact on conjestion — we all know we have to have a pomiceman
on duty at Long Pond Dr. and Route28. He said they would have 200 some odd parking
spaces. About 12 spaces per family. There will be guests. Every morning at 7
I see kids walking to school. They are going 2 sessions now. There are a lot of
rooms for children in here — that will bring in more problems into the town.
Mr. Robert Studley: Could you tell me if this area is commercial or residential?
Mr. Newton: Business — the major portion is zoned for business, the rest residential.
About 20 acres business.
Mr. Studley: The remaining 8 acres is residential then.
Mrs. O'Connor: I have a copy of the notice that was sent out. A copy was sent to
people on Carol Rd. and Timothy Rd. What affect would that have on them and not
the ones on Forest Rd.?
Mrs.Miller: Is it the Planning Board that okays access roads? If I am looking at
itsright, the road on Forest Rd. will come out on a bend.
Mr. Anderson: Yes, the road layout has been approved by the PlanningBoard. There
is an abutting parcel between Forest Rd. and locus. There is just a small frontage
on Forest Rd.
Mrs. Miller: What is the green square on the corner of the plan?
Mr. Anderson: Tennis courts.
Mrs. Curry: One of the entrances to this is right across from the Senior Citizens
Center on Long Pond Dr. They have functions there. They are all the time coming
in and out of there. We owe it to our senior citizens to take care of them first.
Mrs. Colgan: When a lot of these developers come in and complete their business,
don't they get an abatement for so many years?
Mr. Anderson: If this comes into effect, the buildings are fully assessable and
are fully taxed. No abatements, no preferential treatment. It is the law.
Petition #1394
Page 8
Mr. Joly: I agree with the Chairman that this Board is here to act in the best
interest of the town. There is some 20 acres you could probably put 300 motel
units in. Would you rather have that or a factory or restaurant in the back? The
best use of the property is up to the Board. 20 acres are commercially zoned.
Mr. Newton: First as Town Engineer — He referred to a waiver of requirements of
the road. That relates only to the access road. Is it still the intention of the
developer to come in for Sec. 4, E?
Mr. Anderson: Yes, it is our intention.
Mr. Newton: Now as a member and Secretary of the Conservation Commission, I would
like to point out — he stated no construction within 1751 to the herring run. Road -
construction would require a filing.
Mr. Anderson: You are right. When I said no construction within 175, I did not think
of road construction. I meant no buildings. There will be)a filing under you.
Mr. Newton: With reference to the herring run — you said at present no one has a
right to enter the herring run. •There may be some question to public entrance, but
the Conservation and the Town has the right.
Mr. Anderson: You are right. No outstanding public rights in the herring run I
meant.
Mr. Lawton: It comes within 17519 the herring run and Forest Rd. One plan shows
121 buildup of water. I am wondering about drainage problems and the pond. I
support an environmental impact statement into the site.
Mr. Sabulis: I think the Town of Yarmouth has the primary job of cleaning up of
sewage first, fubbish second. I think a moritorium should be put in until we find
out avout a lot of things.... sewage, water, etc.
Mr. Studley: That was my feelings about 25 years ago when th� town had only 4,000
people — they are still coming. I request you approve what these gentlemen are
asking for.
Mr. Place: How close to Forest Rd. would the nearest building be? How close to
Long Pond Dr.?
Mr. Anderson: 3001, probably 600, to Long Pond Dr.
Mr. Place: If the nearest house to Forest Rd. is 3001, then this would hardly be
seen from the street.
Mr. Anderson: That is right. The shrubs will be left.
Mrs. Place: Timothy and Carol Dr. are dead ends. We don't want them all going
through our street. How close to Carol Rd.?
Mr. Henderson: I think there will be a buffer strip. It will not go through to
Timothy Rd.
Mr. Vashon: A lot of us are pretty lucky to be on Cape Cod. A lot of us were
brought up here. What would all of you think if behind your home they were going
to put this place up?
Mr. Nelson: I live on a private dirt road, directly opposite this Long Pond Dr.
entrance. It seems quite likely that modt of the people going into here, some
200 cars will be using this dirt road and cause it to deteriorate quite rapidly.
It will be a hardship for us on that road.
Mr. Anderson: I don't know where your road is.
Mr. Hughes: In Randolph, a good friend os mine lives there. Their taxes have
gone from $900 to $1800. Stoughton has gone up. New Hampshire has closed their
place down.
Mr. Shaw: Regarding storage. I have had experience with a development similar
to this in Bourne and Mashpee. In the buildings themselves, each apartment has
one closet. All bikes are in the halls. Downstairs they have a little alley way
to store things in. If you live upstairs, bikes are in the halls.
Mr. Oman: Mr. Pass - does the M.A.H.A. allow low and moderate income occupancy
in their development?
r
Mr. Pass: As far as I know, yes. Are you referring to zwk9ised subsidized?
Mr. Oman: Yes, if that is the way you want to put it. I am trying to clear up the
comment of #236 program. In other projects you alluded to a requirement that 25%
be low and middle income. That would be a subsidized rental program then. Does
M.A.F.A. allow the whole project to be a low and moderate?
Mr. Pass: In this sense, yes. They could fall into a category of a subsidized tenant
Mr. Oman: I don't think they can allow the whole project low or moderate. Pe6ple
have related to where they feel a great influx from Boston or Roxbury. What has
been the experience where you have built -where have the people come from - within
the town or outside? I know that they demand a need in the community before they
are financed.
Mr. Pass: About 95% of local residents - it actually is 100%. By strict definition,
some are new families to the community.
Mr. McAbee: I think a lot of people here are overlooking the•fact that they could
be limited income people. This is exactly the type of housing they need. Everyone
here thinks the place will be over run with children. About 2/3 of the apartments
here are only 2 bedrooms. About 75% moving into here will be retirees. The
alternative here is most of it is zoned for business.
Mr. Sibulus: There is a place in Hyannis - you might go up there and find out
where they come from.
Mr. Moore: I travel throughout the state - thinking in terms of a housing project
or a development like this. At least 300 cars a day will be coming in and out.
Before you make any decision, go up to Plymouth and look at the project on Route 46
and find out how come the condition exists there. They told us all of this up there.
It was nice. I think very serious consideration should be given with reference to
this particular project. Investigation should be given to the company itself, on
their financial situation.
Hearing closed:
TOWN OF
SOUTH YAILNIOUTH
Chairman
Yarmouth Board of Appeals
Town Hall
South Yarmouth, Mass., 02664
Dear Mr. Chairman:
YARMOUTH
MASSACHUSETTS 02664
November 15, 1976
RE: Appeal #1394
BOARDS OF
SELECTMEN
ASSESSORS
-HEALTH-
The Yarmouth Board of Health generally concurs in the. so-called Open Space
village concept with respect to land development in Yarmouth.
With specific reference to the proposed development by Environmental Housing
Associates, which is the subject of the referenced appeal, the following is
provided for your information.
1. While this Board would have preferred a centralized sewage treatment
facility to service the proposed complex, the use.of individual sewage septic
systems is acceptable, provided:
a. Department of Environmental Quality Engineering (Commonwealth of
Massachusetts) approves the septic systems as contemplated.
b. The placement of septic systems with relation to water table
levels in the construction area will be closely coordinated with the Yarmouth
Building Inspectors at all stages of septic system placement and construction..
2. Town water service will be utilized at the exclusion of private.wells.
3. Maximum replacement of trees wherever possible, and esthetically pleas-
ing landscaping will be accomplished to achieve green areas.
4. The use of wood chips, pine needles etc. in .landscaping will be held to
an absolute minimum and in no instances will such products be used in the land-
scaping which will be subject to washing into drainage catch basins, gutters,
roadways, etc., thus causing undue and unnecessary expenditure of public funds
to rectify such deficiencies.
This Board is deeply concerned with and desirous of the preservation of Herring
Run and land adjacent thereto. The destruction by man of such environmentally
desirable assets for the current and future generations is unacceptable. Accord-
ingly, this Board urges as strongly as possible that the developers assign the
2.
highest priority to assure the permanent preservation of He Run for the
benefit of all Yarmouth citizens including the prospective residents of. the
proposed development as well as citizens at large. .Such arrangements as may
be necessary to assure the preservation of Herring Run either prior to or con—
t with the commencement of construction should take place as soon as poss—
ible in concert with the Yarmouth Conservation Commission.
Very truly yours,
o rd of _ el.-_ tmen
CC: Conservation Comm.
Planning Board
Building Inspector
Water Dept.
Natural Resources Officer
RC/cr .
1J
Planning Board recommendations to the Board of Appeals for inclusion
n a lavorable dec s on on Swan Pond Village:
This property is shown on a plan of land approved by the Yarmouth
Planning Board on September 2, 1976, as subdivision plan No. 2182D-1,
entitled, "Swan Pond Village, Scale 1'=10019 dated June 23, 19769
GHR Engineering Corporation", hereinafter known as "Plan". The
access to the various parcels of land shown thereon is by way of a
200 foot long, 40 foot wide way, cul-de-sac and "Proposed Easement",
1 which collectively are to be considered as the right-of-way,
to;:the
dwellingiunits; andvareclhereinafter referred to as "Right-of-way",
meeting the criteria of a "collector street" as set forth in the
Yarmouth Planning Board"Rules b Regulations Governing the Subdivision
of Land', effective January 1, 1974.
Prior to the institution of the right-of-way construction, an easement
will be recorded at the Land Registration Office of the Barnstable
Gbunty Registry of Deeds appurtenant to each of the lots shown on the
Plan. Each lot shall be subject to said easement to the extent
applicable., and said easement shall be such that each lot shown on the
Plan shall have the benefit of access over the same to Long Pond Drive
and to Forest Road as shown on the Plan.
The Planning Board, through the Town Engineering Department, shall
have the right of inspection and final acceptance of the construction
of the right of way, drainage system, and utility service prior to
the issuance of any building permits or conveyance of any lot.
The construction of the
right-of-way, drainage system, and utility
service shall conform to
the Planning Board Rules and Regulations
as above referenced, and
be completed prior to January 31, 1979, as
follows: **
SECTIONS TO BE COMPLIED
WITH: AMENDED SECTIONS
411
421 (a-d)
421(f) the centerline radius of the Forest
(q-i),(k)
Road intersection shall be 98.86 feet.
421(j) Excluded.
423'
426 (a)
422 Excluded. The right-of-way layout will
be 26 feet wide.
431
432
423 In addition to the requirements of this
433
section, profile plans as set forth in
434
Section 342 m (1-599-11) shall also be
441
presented to the Town Engineering Dept. for
442
examination and approval by the Planning Board
prior to construction.
443
462
424 Forward sight distances shall not be less
than 450 feet.
511
425 Excluded.
512
513
426 (b) The dead-end street turnaround,.shall have
an outside diameter of 40 feet.
514
515
435 Any easements required will be recorded at
52
the cost of the owner, at the Land Registration
531
Office of the Barnstable County Registry of
532
Deeds prior to the issuance of any building
permits.
451 Town water will service all dwelling units.
t
Planning Board Recommendations (continued)
SECTIONS TO BE AMENDED SECTIONS:
COMPLIED WITH
3;MS
533 452 Excluded.
541 (a-b) 461 n it
542 (a-d) 463 of
545 464 go
551 516 The pavement width, including curbing or berms,
552 shall be 26 feet; the cul de sac on the above plan lam`
553 - will not be constructed; and the turnaround shall be
554 constructed to the full 40 foot radius.
555 543 b 544: Underground utilities will be installed
556 as set forth in this section outside the right-of-way,
558 after a plan showing their location is examined and
611 (a-b,e) approved by the Town Engineering Dept., and proper
612 easements therefor are recorded at the cost of the
613 owner, at the Land Registration Office of the
614 Barnstable County Registry of Deeds.
62 557 Excluded.
611 (c&d): Prior to-ap issuance of any
building permit for any structure or structures on any
�Iot or lots shown on the plan, the right-of-way.sub-
Ga,.� base shall be completed and accepted by the Planning,".
Board. Prior to application for or issuance of any �;�
occupancy permit for any dwelling unit, the right-of-
way shall be completed,(inclusive of drainage and
all utilities) and approved by the planning Board
or a surety bond for ll� times the completion cost
is posted in accordance with Chapter 419 Section 81U,
subsection (1) of Massachusetts General Laws.
63 Excluded.
'+(If the right-of-way is not commenced by January 31, 1979, said
construction will have to meet the'requirements of the Planning
Board Rules and Regulations in effect at the time of construction).
A
o - y CONSERVATION, -.COMMISSION
u
MA[STOWN OF YARMOUTH r SOUTH YARMOUTH, MASSACHUSETTS 02664.
G• TTA M
November 16, 1976
Yarmouth Board of Appeals
Town Hall
South Yarmouth, Ma. 02664
Re: Appeal #1394 -Environmental Housing
Dear Sirs:
The Conservation Commission has examined the plans of the
proposed"Swan Pond Village Apartment Complex" in South
Yarmouth. The Commission has also had the benefit of present-
ations of this project on prior occasions.
The building locations, site design, andi teriQ drives do not
appear to present any problems relative to Swan Pond or the
Herring Run.'
As noted on Sheet G-3, the developer has made provisions for
the preservation of the Herring Brook and for access thereto.
The attached copy of a letter from the.Commission to the
Developer dated September 24, 1974 further states the position.
of the Conservation Commission.
Very truly yours,
YAR H CONSER�VAT ON COMMISSION
JO L. NEWTON, SECRETARY
JLN/,iw t
Enclosure
f
. t
O�
O
"ta
.w1
.i `rI r' '•��
Al
or i
CONSERVATION COMMISSION,..,: '
TOWN OF YARMOUTH a SOUTH YARMOUTH, Ie ASSACHUSETTS 02664
I f
September 24, 1975
::nvironmental Housing 1,esociateo
Executive Office
255 Neritonville Avenue
i?ewton, M 02158 ".
' ,':ttn: Richard Ll. Pass, Project Manager
the Yarmouth Ccnaervation Commission wishes to advise you that
- :rr-^re in agreement with your objective., in regard to the Herring Run
;,rar. pond on property under consideration for development by your
firm C-Lc ctzted in your letter of September 11, 1975.
r;
t'Ve wish to state -that vie are in ft.vor of the: concept of your
project rnd that we will support your application under the Open Space
�Oniai; By in consideration of your efforts to assist us in the
presanint•ion of the :ierring'Itun, a most valuable natural resource.
e Ure ready to vvork with you in any way than we can to assist
you, realizing that this type of zoning is the best use of this land ;.•,'°j
and that it is the one most compatible with the Herring stun.
0
J :T'Anc
I
r
Veiy truly yours, 4
John L. Newton, Secretary
YA1611OUTH CON EI:VATION CO.'47TAISSIOIT
Board of Appeals
.Town Office Building
South Yarmouth,.Massachusetts 02664
Re: Appeal #1394 - Environmental Housing Associates
Gentlemen:'
The Planning Board has examined this subdivision and
approved a fiveylot subdivision, upon which an overlay
of the requested.development is to be constructed. At
the time of the subdivision approval, the Planning Board
Rules b Regulations were waived, pending this application
to the Board of Appeals.for the multi -family development.
If this development is approved by you,,we highly recom
mend that the Planning Board Rules and Regulations for
road construction and utility installation be incorporated
in your decision; and we would be happy to sit down and
go over these with you.
Ita.rtuas stipulated by the Planning Board that the interior
roadways, being considered as easement areas, be held in
common with all lots and units; and again we would appreciate
your carrying,this forward in any decision granted by you.
We are sure that the Conservation Commission will be reporting
to you regarding the Town's access to the Herring Run, and we
would like to see all, attempts made to insure its perpetuity
for public use.
The Planning Board feels that the development meets the
criteria set forth in the By-law section.18:079 3F.
Sincerely yours,
YARMOUTH FIRE DEPARTMENT
South Yarmouth, Massachusetts 02664
November 1, 1976
Board of Appeals
Town of Yarmouth
Town Hall.
South Yarmouth, MA 02664
Re: Appeal No.1394
Gentlemen:'
Representatives of the Environmental Housing Associates
have been in'contact.with,this department since the inception of
Swan Pond Village.
They are planning to,,have access roads so that we may
reach any part of any one of the buildings as required in the
standards established by. Chief Whittemore which have been adopted
by the Town Planning Board.
It is our understanding that all requirements of the
Planning Board, Water. Department, and other utilities will be met;
therefore, this department has no objection to this open space
development.
Sincerel ,
Francis A. Richard
Chief
?Depty
H. Cle cce
jhc/ms Chief
Edward J. Cox
279 Main Street
So. Yarmouth, MA 02664
November 30, 1976
Ms Evelyn F. Murphy
Secretary of Environmental Affairs
100 Cambridge Street
Boston, Mass. 02202
Dear Ms Murphy:
Following a recent Board of Appeals Hearing in Yarmouth, it is my
impression that the Swan Pond Village Multi -Family Housing complex
(EOEA 002154, December, 1975) is well on its way to becoming a
reality in our town. While I have no objection to the complex as such,
I am deeply concerned as to its impact upon the locale under consi-
deration.
As an amateur ichthyologist, I am dismayed over the fact than an en-
vironmental impact study has not been conducted on the area, speci-
fically with regard to our Herring Run and Swan Pond. Needless to
say, both are important natural assets to our town and the ocean around
US.
Unfortunately, here at the local level, there are no answers to our
questions regarding the long term effects of Swan Pond Village upon
the area. I would, therefore, ask that your office insist that an en-
vironmental Impact Study be conducted before allowing further develop-
ment in that location.
Thank you for your interest and cooperation.
Since rely,
E. J Cox
cc: Rep. Gerry E. Studds
Federal Building
Hyannis, Mass. 02601
Chairman, Board of Appeals
Town of Yarmouth
Yarmouth, Mass. 02664
Members present: Donald Henderson, David Oman, Philip Dempsey, Herbert
Renkainen, Joseph Pandiscio.
TOWN OF YARMOUTH
BOARD OF APPEALS
April 28, 1977
Environmental Housing -
Appeal No.
01
Don - What we do tonight, before filing anything in the form of an amendment,
we will submit it to John Creney.
Dave made that a motion, Herb seconded it, all in favor.
Referring to letter from Dick Anderson -
Page 2, tenth line from bottom 1127" should be 112911...
Dave: It seems to me I made the count that night. I still say it was 27.
It is accademic and won't make any difference one way or the other.
Don: Page 2 of the notes, it says 27. I would see no need to make any change
there. It doesn'.t make any difference. He can have up to 30 and still be
granted the permit. It.might make a difference if the 2 foundations there
., counted.
Dick Pass: We show on our summation data and that drawing shows 27 and 2
foundations.
Phil: I move to change it to 29. Dave seconded, all in favor.
Page 3, third line down, should be 112501,1 not "300". Motion by Dave, Phil
seconded, all in favor... In same line, "more than" should be deleted.
aon: The by-law says he can go 250'. On page 2, no part of the system is
within 3001.
Dick Pass: When we ran these calculations, we had them take the most stringent
portion of the by-law. The average is 31819 they run 2601, 2501, 550' and 2701.
One is 2501.
Dave: It still comes within the intent of the by-law. The 2501 fence does not
encroach on the pond - they are within the by-law. Give them the 250, - I so
move. Phil seconded.
Joe: I see no point of allowing them more than they requested.
Herb: 2501 is allowed. We can allow up to 1001.
Joe: I see no reason for staying for this - I am leaving.
Dave: I move the question, Phil seconded, all in favor.
Page 3, eighth line down, "within 1501 of"..
Dick Pass: 175' is minimum. They go 1801, 1751, 2201 and 1801. The herring
0
0
Petition No. 1394
Page 2
run, 154' from that.
Don: I thought it was 175' from water.
Dick Pass: Everyone will agree throughout this entire process, I have been
infinitive.
Dave: I don't think the question was really fully answered on that 1501.
Don: I am concerned about making changes at this point, too.
Dave: It would seem to me, if we leave it as it is, it is not something news—
papers will blow out of proportion. Your lending agency - will they pick all
this out? For all intents and purposes, if there is no appeal, no court or
anything — you would have a valid thing. If there is a deviation of what we
gave vs. what you say we should have given you, can't you come in after and
get these little things straightened out?
Dick Pass: Maybe I am being tooprecise, but I have no quarrel about doing what
Dave says.
Second page, Fire Lanes don't 100% comply.
Don: If we start amending, we may as well amend them all.
Dick Pass: Maybe just a written amendment to say "in the case of descrepency
between the written decision in the case filed with the Town Clerk, the
dimensions on the plans shall prevail". Add "Plans as approved, (date)..".
Dave: Pale 3, line 7 — I would say the plan would prevail. I so move.
Page 4, radii, curve, amend section 421—F — plan should prevail. Motion by
Dave, Herb seconded both, all in favor.
Dave: I move to change "lands" to"lanes". Phil seconded, all in favor.
Put in substantially — Motion by Dave, Don seconded, all in favor.
Dave: I move to take no action - 1126" before the word "easement", line 6 up
from the bottom of page 3. Phil seconded, all in favor.
Page 4, 421 "Ql"should be "Gill. Motion by Dave, Phil seconded, all in favor.
Back to 150', page j, eighth line, motion by Dave to let that stand as written.
Same on Page 3, ll.th line, let stand. Phil seconded, all in favor. No Action.
Let them come back in if they want to.
FERN, ANDERSON, DONAHUE & JONES
ATTORNEYS AT LAW
DANIEL J. FERN - , , v P.O. BOX SIB
`RICHARD C. ANDERSON R �G� 436 MAIN STREET-
ROBERT J. DONAHUE OO �I 19� HYANNIS, MASSACHUSETTS 02601
'-STEPHEN C. JONES - Pp" Z " ti AREA CODE 617 775-5625
CHARLES M. SABATT 'NaLD F'FY£"AT L"AVJ File #8733 ( 2) .
D�Ac cOn1
April 20, 1977
Donald F. Henderson, Esq.
776 Main.Street
Hyannis, MA 02601
Dear. Don:
Pursuant to my telephone conversation with you, I
submit herewith a copy of the Board of Appeals decision in. the
case of Environmental Housing Associates together with sugges-
tions relative to:amendments, which I am sure are in conform-
ity with the information presented at the hearing and later
discussed.
On page 2, tenth line from the bottom, 27 should
be 29.' .
On page 3, third line down, 300.should become 250,
and in the same line the words "more than" should be deleted.
On page 3, eighth.line down,.the words "within 150
feet ,of the" should be inserted after the word "or" so that
the sentence should read there will be no buildings
constructed within 175 feet of the pond or within 150 feet of
the herring run."
On page 3, fourteenth line down, the'words "or stream".
should be deleted and replaced by the words "a minimum of 150
feet from the herring run.' so that such sentence should read
. to be a minimum of.175 feet from the pond and a minimum
of 150 feet from -the herring run."
On page 3, seventeenth line down, "lands" should be
."lanes;',and the word "substantially" should be inserted be-
fore the word "comply.,, (The fire lanes cannot meet.all of
Donald F. Henderson, Esq.
April 20, 1977
Page 2
standards of Section 8, but.such deviation has been approved
by the Fire Chief and was fully aired at the hearing.)
On page 3, line 7 from the bottom, 200 feet should
become 300 feet, and 40 feet should.become 50 feet,
I suggest that the words "26-foot" appear before the
word "easement"'in line 6 up'from the bottom on page 3.,
On page 4 under "Section to be Complied With" 421
(q-i)'should be (g-i).
On page 4 under "Amended'Sections" in 421(f) the
number should be 111.94 instead of 98.86, (98,86 is the in-
side curve radius).
The authority of the Board of Appeals.to make these
amendments is established in Dion v, Board of Appeals of
Waltham, 183 N,E. 2nd, 479. At page 482 the court said,""It
was within the Board's inherent administrative power thus to
amend its decision within a reasonable period which we think
extended at least during the appeal period."
Your cooperation in this matter is most greatly
appreciated. ,
Since jd
R C. Anderson
RCA.esj
Enc.
cc: Mr, Richard Pass
Environmental_ Housing Associates
Executive Offices
255 Newtonville Avenue
Newton, Massachusetts 02158
tel (617) 244-7575
May 8, 1978
Town of Yarmouth
Board of Appeals
Yarmouth, MA 02664
Attention: Mr. Donald Henderson, Chairman
Re: Petition #1394 - Plan Amendment
Dear Mr. Henderson:
Pursuant to your instruction and in accordance with the above
petition decision as approved, we are submitting herewith an
amended plan entitled "Site Grading Plan" - Sheet No. G-3A
(17 of 25) dated 3/l/76. Plan G-3A is a modification of the
plan originally submitted (Sheet No. G-3) which has been
amended to provide the requisit 175' building setback.(Petition
1394, page 3, lines 8 & 14) from the herring stream on Lot 13.
Please be advised that plan modification is specifically limited
to lot 13 to the extent necessary to comply with the applicable
petition requirement and that all construction drawings will
reflect the foregoing setback criteria.
Sincerely yours,
G�
c and M. f'ass�
Project Manager
RMP/fm
Enclosure
cc: Richard Anderson, Attorney
Howard Spurr - Building Inspector