HomeMy WebLinkAbout5193 897 Route 28 Community Housing Memo 09.15.25
T O W N O F Y A R M O U T H
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451
Telephone (508) 398-2231 Ext. 1275, Fax (508) 398-2365 TTD# (508) 398-2231
TO: Sean Igoe, Chair, Board of Appeals
FROM: John Barr, Chair, Community Housing Committee
Mary Waygan, Affordable Housing/CDBG Program Administrator
SUBJECT: 897 Route 28, South Yarmouth Application for Ch 40B Comprehensive Permit
Board of Appeals #5193
DATE: September 15, 2025
______________________________________________________________________________
On September 8, 2025, at their regular meeting, the Community Housing Committee reviewed
the application for a Ch 40B Comprehensive Permit submitted by ACRE+ WCI Real Estate
Ventures 1, LLC for a 27 rental apartment development at 897 Route 28, South Yarmouth, MA.
In concurrence with our staff support, Mary Waygan, we offer the following comments regarding
the proposed project:
Of utmost concern to the Committee is the site design which currently lacks adequate parking
and outdoor common space or playground. We also provide here comments on rent, utilities,
the affordable housing lottery, building and unit design, unit accessibility, and the regulatory
agreement.
PARKING: The Committee feels there is inadequate parking for the project and that a 1.1
parking space per residential unit ratio is insufficient. The proposed mix of units include
six 2-bedroom units and three 3-bedroom units to service households of 2 to 6 persons.
Households of this size typically have more than one car and the proposed parking does
not meet this need. Data attached here from the American Community Survey (ACS 2023
5-year Data) shows that town-wide, 57% of all Yarmouth households have two or more
vehicles. When examining data for households of 2 or more persons, the percentage is
higher: 75% of all 2-person households have two or more vehicles; 86% of all 3-person
households have two or more vehicles; and 91% of all 4-or-more person households have
two or more vehicles. Similar trends are evident when examining the data for the South
Yarmouth area and for the project’s Census Tract 120.02.
Insufficient parking leads to unsafe conditions where emergency vehicles are blocked by
cars parked on landscaping, roadways, streets, and other areas not intended for parking.
We recommend a parking ratio required by local zoning for multi-family building in this
area, which is 1.5 parking spots per residential unit. If this cannot be achieved, then there
should be a reduction in the number of residential units or a parking garage should be
introduced.
DEPT. of
COMMUNITY
DEVELOPMENT
COMMUNITY
HOUSING
COMMITTEE
The Committee also notes that handicap parking is placed in areas furthest from the
buildings’ entrance way. The handicapped parking spots should be moved to be as close
as possible to the entrance ways.
On a positive note, the Committee felt the elimination of the curb cut onto Route 28 is a
benefit.
The following are suggested conditions for any approval regarding parking:
1. The project shall provide a minimum parking ratio of 1.5 parking spots per residential
unit.
2. The project shall locate handicap parking spots closest to the buildings’ entrance way.
COMMON OUTDOOR SPACE or PLAYGROUND: The Committee feels there is
inadequate on-site common outdoor space for residents. Considering that the project
contains 2- and 3-bedroom units, has no age restriction, and that the state’s Affirmative
Fair Housing Marketing and Resident Selection Plan Guidelines (May 2013) states that “In
order to make the best use of limited affordable housing resources, household size
should be appropriate for the number of bedrooms in the home.”, it is fully anticipated
that children will be housed at this location.
As such the site should include a playground or other outdoor recreational area to provide
a safe place for children to play and grow. Per Pawlowski et al. “Literature indicates that
unstructured play at playgrounds is important for children’s physical development,
challenging their movement abilities such as balance, agility, coordination, and spatial
awareness.” (Pawlowski, Charlotte Skau, The role of playgrounds in the development of
children’s fundamental movement skills: A scoping review. PLoS One. 2023 Dec
13;18(12)).
It should be noted that the Town required playgrounds at the affordable housing
developments of Yarmouth Commons (69 units at 881 Rt 28, South Yarmouth) and
Yarmouth Gardens (40 units at 497 Route 28, West Yarmouth) as shown here:
Yarmouth Commons Playground Yarmouth Gardens Playground
The following is a suggested condition for any approval regarding common open
space or playground :
1. The project shall provide an on-site common outdoor space or playground for
residents.
RENT AND UTILITY PAYMENTS
The Committee reviewed the proposed affordable rents. The rents are affordable to
households earning 80% of the Area Median Income (AMI) as published by US HUD on an
annual basis and adjusted for household size. We feel the affordable rents should be
reduced to help meet the local need for lower rents shown by the 2025 Ready Renters
Lottery results. The Ready Renter Lottery consisted of 178 households. Of these, due to
low income, 124 households or 65% are not able to afford a rent calculated off the 80%
AMI level. 21% of the total households can only afford a rent calculated off the 65% AMI
level, and 44% can only afford a rent calculated off the 30% AMI level. Lowering the
affordable rents would help meet this local need.
The Committee noted that as all tenant utilities are electric, and that the project
generates electricity on-site, that all rents should include all utilities.
The Committee also noted that the application narrative mentions seasonal housing. To
meet local rental housing needs, as identified in the 2024 Town of Yarmouth Housing
Production Plan, all of the rental housing must be year-round.
On a positive note, the Committee felt a mix of 25% affordable and 75% market rate units
was good. The Committee recommends addressing the need for workforce housing cited
in the project narrative, by providing 7 of the market rate units to households that work in
or serve Yarmouth.
We also strongly recommend the affordability of the project is secured with a Regulatory
Agreement which is in perpetuity.
The following are suggested conditions for any approval regarding the affordable
rents and utilities:
1. The maximum allowed affordable rents must be no more than 90% of the current
Federal Fair Market Rate Rents published by US HUD on an annual basis, and
adjusted for bedroom count, or 90% of the current Commonwealth of Massachusetts
Affordable Housing Program Income And Rent Limits published by MassHousing,
whichever is less.
2. The rent shall include all utilities.
3. All units shall be leased for no fewer than 12 months at a time.
4. Above and beyond the 7 affordable units, 7 additional units shall have a local
workforce preference to be rented to household with at least one member who works
in Yarmouth, works for the Town of Yarmouth or a neighboring municipality, or works
for Cape Cod Hospital/Cape Cod Healthcare.
5. The affordability of the project shall be held in perpetuity by a Regulatory Agreement
approved by the Town.
AFFORDABLE HOUSING LOTTERY
The following are suggested conditions for any approval regarding the affordable
housing lottery:
1. The affordable housing lottery shall provide local preference for 70% of the affordable
units. Local preference shall be granted to households who live or work in Yarmouth,
or who have a child in the Yarmouth school system.
2. The Town of Yarmouth shall approve the affirmative marketing plan for the affordable
housing lottery prior to its implementation.
BUILDING, UNIT DESIGN, and ACCESSIBILITY
To complete the review of the proposed project buildings and unit design, the following
should be provided to the Town by the project proponent:
1. A complete set of floor plans for the building containing the 3-bedroom units.
2. A summary chart of units showing total bedrooms.
3. Floorplans for all buildings and all floors indicating the location of the affordable
units and the accessible units.
4. Review and update of all documents to ensure figures referring to unit count,
parking spaces, and the like are consistent throughout the application.
Based on the plans provided in the application dated 9/25/25 and received by the Town Clerk
on 9/28/2025, the Committee offers the following positive comments regarding the project:
1. The project offers a schedule of units with a good mix of bedrooms, including nine
studio units and nine 1-bedroom units. This satisfies a local need as shown by the
2025 Ready Renter Lottery of 178 households where 121 household or 68% of all
households in the lottery require a studio or one-bedroom unit.
2. The square footage and interior design of the units is good, and appear to provide all
appliances include a washer/dryer.
3. The units are distributed in three smaller buildings, with no interior corridors, which
saves on interior common space maintenance work.
4. The indicated building materials are of good quality and known to be long-lasting.
However, the Committee is concerned regarding the following:
1. The building design makes little attempt to comply with the Town’s architectural
standards. The triple decker architecture represented in the drawings is used in urban
cities and does not resemble traditional Cape Cod architecture. This includes the flat
roof line, which should be redesigned.
2. The units do not offer enough storage to tenants. The building should be redesigned to
have full basements with increased storage opportunities.
The following are suggested conditions for any approval regarding the building and unit
design:
1. A number of fully accessible units shall be provided in the project. All accessible units
shall be located on the ground floor and all handicapped parking shall be located as close
as possible to the building entrance.
2. Increased storage opportunities shall be provided to the tenants.
3. The affordable units shall be evenly distributed throughout the project.
4. All affordable units shall provide a full oven with stove top, a dishwasher, a refrigerator, a
microwave, and a clothes washer and dryer.
We hope these comments are helpful to the Board of Appeals as you review this project.
JB/mew