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Home My WebLink About4570 906 and 910 West Yarmouth RdTOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: January 14, 2015 PETITION NO: #4570 HEARING DATE: January 8, 2015 PETITIONER: Our First Home, Inc. PROPERTY: 908 West Yarmouth Road, YarmouthPort, MA Map & Lot #: 0115.216.3; Zoning District: R40 Doc. #:1248441;Land Court Plan #: 43317A MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Chuck Hart, Debra Martin and Gerald Garnick. 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 Register, the hearing opened and held on the date stated above. I. PROCEDURE AND HEARING The Applicant, Our First Home, Inc. ("OFH"), filed an Application for a Comprehensive Permit on or about December 2, 2014. The Applicant filed a letter with the Board dated December 4, 2014 stating that the Applicant agreed to extend the 30 day period within which the hearing is to be opened pursuant to 760 CMR 56.05(3) to January 8, 2015. A public hearing was scheduled for January 8. 2015, and abutters were duly notified in writing and legal notice duly published pursuant to G.L. c. 40B, s. 21 and c. 40A, s. 11. The Board opened the public hearing on the Application on January 8, 2014. Presentations were made by attorney Peter L. freeman, President of OFH, by Pearl Wolfson, founder and member of the Board of Directors of OFH, and by Daniel OjaIa, P.E. of Down Cape Engineering, Inc., project engineer. One member of the public spoke on the Application: Richard R. Rideout, Jr., a resident of I I Early Red Berry Lane whose house is directly behind proposed Lot 3. The Board voted to close the public hearing on January 8, 2015 and commenced deliberations, The Board voted to approve the Application on January 8, 2015, subject to the conditions as hereinafter stated. II. JURISDICTIONAL REQUIREMENTS and JURISDICTIONAL FINDINGS Pursuant to Chapter 40B regulations, an Applicant must satisfy three jurisdictional requirements: (1) the Applicant must be a public agency, a non-profit organization, or a limited dividend organization; (2) the Project must be fundable by a subsidizing agency under a low and moderate income housing subsidy program; and (3) the Applicant must control the Site; see 760 CMR 56.04(1), I. Applicant's Status The Applicant is a Massachusetts Chapter 180 non-profit corporation. Therefore, the Applicant is an eligible Applicant pursuant to 760 CMR 56.04(1)(a). 2. Fundable Project The Applicant has submitted a Project Eligibility Letter from DHCD dated November 19, 2014 which confirms the project's eligibility for receiving a state governmental subsidy and the suitability of the site. Therefore, the Applicant fulfills the requirement of 760 CMR 56.04(1)(b), which states. "The project shall be fundable under a subsidizing agency under a low and moderate income subsidy program." 3 Site ControlbyApplicant The Application included a copy of the Purchase and Sale Agreement between the Town of Yarmouth Affordable Housing Trust and OFH dated July, 2014. Therefore, the Applicant controls the site as required by 760 CMR 56.04(1)(c). Based on the foregoing, the Applicant meets the jurisdictional requirements under Chapter 40B. III. BACKGROUND AND PROJECT DESCRIPTION As stated in the Application, Our First Home, Inc. ("OFH") was selected by the Town of Yarmouth Affordable Housing Trust ("Trust") to construct two affordable single family homes to be located on a vacant lot owned by the Trust on West Yarmouth Road in Yarmouthport. A copy of the Award Letter was submitted with the Application. The project has received Town support from the Yarmouth Community Housing Committee and the Board of Selectmen, who joined in applying to the Commonwealth of Massachusetts Department of Housing and Community Development ("DHCD") for project eligibility under DHCD's Local Initiative Program ("LIP"). DHCD issued a Project 2 Eligibility Letter ("PEL") on November 19, 2014. A copy of the PEL was submitted with the Application. Additionally, although not required under M.G.L. c. 40B, ss. 20-23 ("Ch. 40B"), the Applicant met informally with the Town of Yarmouth Site Plan Review Committee and also sought and received a Certificate of Appropriateness from the Yarmouth Old King's Highway Regional Historic District Committee for both homes. A copy of the Certificate of Appropriateness issued on October 14, 2014 was submitted with the Application. The details included in this Application are based on the criteria mandated by the Trust in the Request for Proposals by the Trust. The subject lot is presently owned by the Trust and is shown on Assessor's Map 115, Lot 216.3. The lot consists of 1.22 acres and will be divided into two house lots: one lot with 32,918 sq. ft. (0.76 acres) and one lot with 20,144 sq. ft. (0.46 acres). The property is currently zoned R-40 Residential which requires 40,000 sq. ft. of lot area, and also lies within the Aquifer Protection District and Zone Il. The two lots as divided will be accessed by a single common shared driveway and therefore no road will be constructed. As stated in condition No. 3 of the PEL, a legal agreement for the owners of both lots to use the shared driveway will be provided by the Applicant. The subject lot is surrounded by residential properties that are located on West Yarmouth Road, Shaker House Road and Early Red Berry Lane. A copy of the Assessors Map showing the surrounding lots was submitted with the Application. As stated by Daniel Ojala, P.E. of Down Cape Engineering, Inc., the project engineer, the proposed common shared driveway is designed to ensure maximum Iine of sight and safety, and to minimize impact on neighboring properties. An email submitted to the Board dated January 8, 2014 from Robert B. Angell, the Town of Yarmouth Interim Director of the Department of Public Works, stated: "The driveway will be at the top of the hill so there will be no problems with sight distance." Richard R. Rideout, Jr., the abutter at 1 I Early Red Berry Lane directly behind proposed Lot 3, spoke in support of the project and inquired about how much clearing there would be behind the houses toward his lot. The Applicant agreed to provide a twenty (20) foot buffer. The two new homes will be sold to households earning at or below 80% of Area Median Income. Both houses will be sold with Affordable Housing Restrictions meeting the requirements of the LIP Program and will be added to the Town's Subsidized Housing Inventory. OFH will enter into the standard LIP Regulatory Agreement. The sales price for the two -bedroom home will be $155,000.00 and the sales price for the three -bedroom home will be $160,000.00. IV. VOTE, WAIVERS AND CONDITIONS Based on the foregoing, the Board found that granting a Comprehensive Permit as requested by the Application would be "consistent with local needs" under Chapter 408, and a Motion was made by Debra Martin, Member, and seconded by Gerald Garnick, Alternate Member (sitting on this Application) to grant a Comprehensive Permit as requested in the Application, including the granting of the waivers from the Zoning Bylaw requested in the Application (as shown on Exhibit A hereto), endorsing the plan to be submitted by the Applicant dividing the subject parcel as requested in the Application, and subject to the following Conditions: 1. A reciprocal easement shall be granted by OFH and recorded at the Barnstable Registry of Deeds for the mutual use of the common driveway by the owners of the two (2) Lots, and such easement shall include a mutual and binding agreement requiring both Lot owners to share the maintenance, repair and plowing costs for the common driveway. 2. A buffer area maintaining the existing vegetation shall be maintained in the area of the lots that runs twenty (20) feet inward from the rear lot lines of both lots. 3. A deed restriction on lot 2 shall be granted by OFH to the Town of Yarmouth Board of Health and recorded at the Barnstable Registry of Deeds limiting the premises to no more than two (2) bedrooms. The MOTION was carried by a VOTE of 51n favor and 0 opposed. No permit shall issue until 20 days from the fling of this decision with the Town Clerk. This decision mu3t be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after fling of this notice/decision with the Town Clerk. As provided by the provisions of said c. 40B, §§20-23, or otherwise, this Comprehensive Permit shall lapse if timely use hereof is not commenced and continued. Steven fSeYoung, 01/14/2015 4 EXHIBIT A 203. Intensity of Use Regulations 203.1 Buildings and Structures Applicant seeks waiver from requirement that all buildings and structures in any district shall meet the minimum requirements set forth in the Table of Dimensional Requirements, Granted 203.5 Table of Dimensional Re uirements A Applicant seeks waiver from the following dimensional requirements in the RS40 zoning district. minimum ,Cat Size: Applicant seeks a waiver from the 40,000 s.f minimum lot size requirement. One lot will contain 32,918E s.f and the other lot will contain 20,144E s.f. Granted. Minimum Frontage: Applicant seeks a waiver from the ISO ft. minimum frontage requirement. One lot will contain 120.58E ft of frontage and the other lot will contain 73.99E of frontage. Granted. Maximum Shape Factor: Applicant seeks a waiver from a 22 maximum shape factor requirement for Lot 2. Granted BARNSTABLE REGi'T'If ur DEEDS jpbn F. Meade, Regster 5