HomeMy WebLinkAboutDecision 1239n
Filed with 'Pat,n Clark:
Patitioncr:
TOKN O: YARMOUTH
BOARD OF. APPEALS
FEB 1 3 1974
JOSE: }I V. O'LOUGIILIN
31 Lcgend Di i e
South Yarmouth, Massachusetts
DECISION
Hearing Date 11/3173
Petition No.: 1239
Tha petitioner regLests a spacial pormi:t iron tho Board of Appeals to
allow a 1.15 lot open space village development on property n at sho•Ilm
on an assessors nap, located batucen Starbuck Lane and Weir Road, in
Yarmouth, Massachusetts presently desi.gnatad as "Dr. Rowley's Cran-
berry dogs." The petitioner further requasts a special permit to fill
wetland under the provisions of the Wetlands -Conservancy District By -
Law. .
Members 0•= Board of Appeals present:
ROLErl' i'iiLLIr'di F. BUTLER, XII
iDXi!D 0'Iti11 - PHILIP E. DENP5 3Y
DONALD. F. HENDERSON
It appearing that notice of said hearing has been giver: by sending
notice thareof 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
Standard Tines on October 3, 1973 and October 15, 1973, the hearing
was opened and hold on'the date -first above written.
The following QP.c«rad in favor of the patition:
Robb z El ri gj, 1,.L.S., for she petitioner, 3QTj E. G.
Hoilbrcok
The following appeared in opposition.
1:,renty persons by patitia►n, thirty-seven persons through
potiti.on
"OR DECISlOid. Pe4itinn Na. l' iP .
P::•.itioaer seeks a spacial permit under the; provisions of
Section 18.07 and Section 13.OSA of the Yarmouth Zoning By -Lair to
'allot; an open space developraont' and oo fiil certain z :tland located
tharain. The; petitioner submitted an overall dovelopnen t plan indi-
catin; the location and boundaries of the site, the proposed land
and building uses, the location of common open space, existing tcpog-
graphy, grading, location and width of streets and ways, parking,
areas of proposed and retained vegetations, distinctions between up-
land and wotland, drainage and sewerage. The plan was prepared by a
•registered land surveyor. The petitioner also submitteddeClar3tiCn
• of restrictive covenants indicating the form of organization proposed
to ovm and maintain the common open sp, cc , the substance of covenants
and the grants and easements to be in}.osed upon the: use of Ohl: land.
Reports ware received from the Conservation Cozr-mission,
the P1 anning Board and the Board of Health. • A period of forty-five
(45) days expired from the date of application without receipt of
a report from the Yaarmcuth Fire Dopar;:mant.
The petitioner a subdivision of 115 lots and
under Section 18.07 of the Zoning By -Law 17q lots would be permitted.
The petitioner proposes to construct single-family dwellings upon the
Lots sho —n an the plan. All of 'tha lots comply with the dimensional
regulations set forth in Section 1S.07.4.0 of the Zoning By-t .w;
The report from the Ywr;.outh Planning Board indicz'.: _
Che Planning Board favors this do•relopmenu. Tito Conservation Cam.ais-
sion raPort cxpressod 7zit-hui :favor ^Or 0TPusit:011 for thO
but TeCommer_3ed cCrtain conditions. `:'he '"'card or Health gpproved 4h3
subdi,vrision subject to the conditions that town u::zter be supplied to
all d«ellings,. that o.kly single-xan;ly di,ollin„s be greeted or. the
lots, and that Mast .}soles for seveTage on each building lot bz made
before building.
Tho petitioner proposes to maintain permanently the open
space areas through an uni.ncorporatod homeo;,ner's association in
.which each oumer of a lot in the dev-Iopnent is automatically a mem-
bar and each lot is subject to a charge for a share of the maintenance
The declaration of prat. Ave covenants filed with the board
is found satisfactory,by the Board.
The Board finds 'that the plan submitted complies in all re-
spects with Section 18.07.4 of the Zoning By -Law, that the plan is
superior to a conventional one in preserving open space for conserva-
tion and recreation;,that it is superior to w conventional plan in
L411lizinu the natural features of the land; »::d it �.11o�,:s sore aifici-
.:at Provision of streat:;, utilities c.d o-ilier l uhl is serif=ces. in ai i
other respects the plan is ,at least equal to a conventional subdivision
plan. -
The petitioner also requests a special permit to alloy: hin
to U11 Lots 70, 71, 53, and portions of 60 and 72, all of which are
areas of watland. A topographical phctch prepared by a cgistered land
zuzvwyo was rubamit;11t' to the 1cord. he ConservationCommission in its
report, upon which this Beard relies heavily, indicated no affirmative
opposition to the proposod Filling: :The Board finds that such filling
will not credtc a nuisance, hazard or congestion 1ni that there will be
AO substantial harm to the eitabiished and future character of the
neighborhood or town. The filling iTill be superficial filling of bogs
and will not be detrimental to the town's beat interest.
Members of Board voting:
ROBER T W. SIIE U IA.
PHILIP E. DEMPSEY
DONALD F. HEPaDERSON
WILLIAM F. BUTLER, Ili
Voted in 7avor
Voted in Favor
Voted in Favor
- Voted in Favor
- Abstained
Therefore the petition for a special permit is granted and we authorize
a special permit 4o allow an open space. vilinge d&velopnent under the
previsions of Section 38.07 of the Zoning y -Law and a special permit
to permit the filling of certain wetlands under Section 18.05A of -the
Zoning By -Lahr subject to :he following conditions:
1. That the provisions of the Yarmouth Building Code.,the
Yarmouth Board of Health regulations and the Yarmouth Zoning .By -Law,
including the pravisinna of Sact_ n 18.0 K the Zoning By -Law, be ob-
2. That no filling or dredging of the ;fill Pond, reservoir-
and A udley 's Brook be p:.rnitted.
S. That ton water be supplied to all dwellings constructed
within the development. .
4. That the free flora of water out of the reservoir
through the cranberry bog area into Hi?? Pond be maintained and
not blocked in any bray or manner.
S. That Single-family dwellings only be constructed
on the lots shown on the plan.
6. That test. holes for sewerage on each building lot
be made bafore constructicn commences.
No Permit issued until 22 days from date of filing de-
cision with the To► -a Cleric.
per DOY-ALD F. HENDERSOY