HomeMy WebLinkAbout5205 Exhibit 06 Application 1321 04.23.1975EXHIBIT 6
TOWN OF YARMOUTH
BOARD OF APPEALS
OWNERS: Yarmouth Properties, Inc., Yarmouth, Mass. and Aaron G.
Weintraub, Trustee of MVI Nominee Realty Trust
ADDRESS: c/o Peabody, Brown, Rowley- & Story, 1 Boston Place
Boston, MA 02108
PETITIONER: NAME: Oak Harbour Associates
ADDRESS: c/o Scott Jordan, 477 Main Street, Yarmouthport, Mass.
BOARD OF APPEALS, YARMOUTH, MASS.
This petition when completed and signed must be filed with the Board of
Selectmen, Yarmouth, Massachusetts, along with the fee of $20.00
DATE:
PAID:
1. I, te, hereby request the action checked below:
1 A special permit under Section 18.07 of the Yarmouth Zoning
By -Law
T allow: an Open Space Village Development on approximately
1 4 acres of land situated on Rt. 6A in Yarmouth between Rt. 6A
a d Bray Farm Road which Open Space Village Development will con-
si t of residential buildings each containing no more than 24
dw ling units and together containing no more than 750 dwelling
uni s; 83 garage --storage sheds; together with
Community Center complex containing a clubhouse --pro shop,
dining room, lounge, kitchen, a community hall, a health
c ub, 10 rooms for guests, a combined post office --village
s re, a management office, a sales office, swimming pools
an other space and facilities for recreation;
b) A gatehouse;
c) A Garden Club building;
d) A sewage treatment plant and facilities;
e) Maintenance facilities; and
f) Related accessory features and facilities for the recrea-
tion and enjoyment of residents of the development, including
tennis courts, svinxning _pools, walking and bicycle paths,
gardens, outdoor cooking areas, rain shelters, ball fields,
a golf course, and a look out platform.
This development to be constructed in successive stages with
building permits issuing from time to time for each stage upon the
commencement thereof] this development is further shown on'
• the applicable overall development plan submitted with this
application; the description of the form of organization ,
proposed for the ownership and maintenance -of common open
space and a description of the covenants and easements
proposed for the use of land and structure together with
a proposed -development schedule are attached hereto. The
development will be known as Oak Harbour and will be organized
as one or more condominiums. The premises are situated within
the RD-2 zoning district and consist of the following parcels
as shown on -the Yarmouth Assessor's Plans: (-see lkst attached]
2. Reason for the Board of Appeals action as checked below:
.1.
2,
3.
2. Approval 'of Board of Appeals, or Special Permit requested under
the following section'of Zoning By -Law:
1. Section 18.07
2.
Names and addresses of abutting property owners, and those persons deemed
affected by this application. (At least three.) see list attached
Signed
Respectfully submitted,
Petitioner
Assented to:
Owner
Owner
-2-
no
DEVELOPMENT SCHEDULE
The Overall Development Plan depicts residential buildings on
certain lots (the housing lots) containing altogether 750 dwelling
units. Plans call for completion of the project in eight years
Market forces and conditions will determine not only the rate
of construction of the 750 units but also the order in which housing
lots are used. No projection either of pace or sequence could be
entirely accurate; therefore no definitive schedule for development
time or order is submitted with this request.
However some forecasts have been made upon which tentative plans
have been prepared.
As to timing, it is anticipated that construction of housing units
will proceed as follows:
Plans call for the staged construction of 750 units according to
the following schedule:
Year 1
& 2
100
Units
Year
3
100
Units
Year
4
100
Units
Year
5
125
Units
Year
6
125
Units
Year
7
100-Units
Year
8
100
Units
Second, a clockwise progression of construction around Oak Harbour
Circle is planned, starting with some of the Community Center facilities
on Lot 4, eight model units on Lot 8-A, and construction of the first
units for occupancy on Lot 33.
Based on the foregoing time and sequence estimates, it is possible
to project the kind of development schedule that may apply to Oak Harbour.
Sequential Lot Development - Clock Wise
Year
Lots
Total Units
1 & 2
33-13
87.
3
14-15-31
95
4
16-18
122
5
29-28-20
109
6
23-24
92
7
26$10A-2&8
103
8
8A&35-21
142
750
A. Landowners Interest in the Land to be Developed
1. Present Ownership
Lots 22 through 26 (included with Lot 12A on Plan 2) shown
separately on Land Court Plan 35454-A recorded with the
Barnstable Registry District of the Land Court in Book 452,
Page 82, are owned by Yarmouth Properties, Inc., the balance
of the land within the development is owned by Aaron G.
Weintraub, Trustee of M.V.I. Nominee Realty Trust.
2. Proposed Future Ownership
(a) it is presently intended that the open space village
(hereinafter referred to as the "Project") will be made
up of a number of completely self-governing condominium
sub -villages (hereinafter "Condominium Sub -Village").
Each unit owner in a Condominium Sub -Village will own his
condominium unit and will have an undivided interest in
all of the common areas associated with the Condominium
Sub -Village as provided in Chap. 183A of the General Laws
of Massachusetts (hereinafter the "Act"). An organization
of unit owners (hereinafter "Unit owners Associat_on `^r
each Condominium Sub -Village shall be established for the
management and regulation of such Condominium Sub -Village
as provided in the Act.
(b) It is presently intended that, within each Condominium Sub --
Village, there will be different types of areas. The area
within the unit will be the sole and exclusive private pro-
perty of the owner or owners of that unit. Certain limited
local common areas, although owned by all unit owners of
that Condominium Sub -Village, will be created for the use
of a limited number of unit owners for a limited purpose.
_... i.::dia tely next f o the wi- ---s r
-I -
Sub -Village.
(c) While it is presently intended that some or all of the lots
designated for housing on the Plan entitled "Overall
Development Plan I" submitted to the Board of Appeals of
the Town of Yarmouth (hereinafter the "Plan") may be
phased with other lots into a single Condominium Sub -
Village, it is possible that each lot so designated may be
a separate Condominium Sub -Village.
B. Form of Organization Pro osed for Ownership and Maintenance of
the Common O en Areas
The Plan depicts several lots as open space (hereinafter "Open.
Space Areas") to comply with the requirements of the Open Space
Village Development By -Laws of the Town of Yarmouth. With the
possible exception of Lot 11 on the Plan, no housing is intended tc
be constructed on any Open Space Area. Deed restrictions limiting
the use for open space purposes will be imposed upon each Open Space
Area as it is dedicated to the Project in accordance with the phas-
ing schedule of development and rights will be granted to all unit
owners of the Project so as to ensure to each of them the right to
use the Open Space Areas. In addition, the barden of sharing ex-
penses necessary for the maintenance of the Open space Areas will
be imposed upon the unit owners of the Project. A trust with a
board of trustees or similar entity (hereinafter the "Land Trust")
will be created to manage the Open Space Areas although the right
to convey any or all of the Open Space Areas to one or more of the
individual Condominium Sub -Villages (to be included as part of the
common area of such Condominium Sub -Villages) shall be reserved; but,
in any event, the Land Trust shall have the right to control through
reasonable rules and regulation the use of any or all of the Open
Space Areas. The beneficiaries of the Land Trust will be the [Unit
Owners Association of each Condominium Sub -Village and, tneretore,
- it
acting through its Unit Owners Association, would choose a repre-
sentative with voting power to elect the trustees of the Land Trust.
During construction and development of the Project, the Land Trust
shall be controlled by the Developer. An alternative to this plan,
as the Condominium Sub -Villages became more numexous, would be to
provide for the election of the Land Trustees by popular vote of
the unit owners as a whole.
In the event that a golf course is constructed and in order to
properly operate and maintain certain facilities and activities,
such as tennis, gardening, etc., certain limitations will be placed
on some or all of the Open Space Areas. If a golf course is con-
structed, the ownership of the Open Space Areas affected will remain
unchanged but the owner will enter into certain agreements for the
proper management and supervision of, for example, the golf course.
Such agreement would relieve the Land Trustees of the burdens of the
day-to-day operation of the golf course and certain other facilities
without relinquishing control over broad policy matters which would
reside in said Trustees at all times.
in summary, all Open Space Areas will be controlled by the land
Trust as they are com7itted to the phased development of the Project.
The Vills a Common Areas
The village common areas (hereinafter the "Village Common Areas")
are represented by Lots 5 and 32 (for which tennis courts are
planned), Lot 4 (for which the Community Center Complex is planned)
and Lot 11A (for which a Garden Club and Greenhouse is planned).
On each of these Lots, Structures will be necessary. Ultimately,
the maintenance buildings and facilities planned for Lot 13A will
be a Village Common Area. Restrictions as to use will be imposed
upon each Village Common Area as it is committed to the phased deve-
lopment and rights will be granted to the unit owners of the Project
so as to ensure the use of the
-4-
Village Common Areas although the right to convey any or all of the
Village Common Areas to one or more of the individual Condominium
Sub -Villages (to be included as part of the common area of such
Condominium Sub -Villages) shall be reserved; but, in any event, the
Village Trustees shall have the right,to manage the Village Common
Areas and the unit owners will have equal rights in the use thereof.
Said Trustees will also have charge of the roads and other common
facilities which are not open Space Areas and which are outside the
individual Condominium Sub -Villages. The beneficiaries of the
Village Trust will be% the Unit Owners Associations of each Condomin-
ium Sub -Village, and, therefore, indirectly, the unit owners of
each Condominium Sub -Village.
Each local Condominium Sub -Village acting through its Unit
Owners Association would choose a representative with voting power
to elect the trustees of the Village Trust. During construction and
development of the Project the Village Trust will be controlled by
the Developer.
The proper and efficient use and operation of these Village
Common Areas will require more time than will be required by.t.he
Open Space Areas and there may be more day-to-day problems.
The Sewage Facility
The ownership and control arrangements of the Sewage Facility
will have to meet the requirements of the Department of Public
Health. in any event, the use of the sewage treatment plant will
be available to all unit owners and the expenses of the Sewage
Facility will be borne.., by such unit owners.
Interim Control
During the period of construction, it will be necessary for
the developer to sustain and manage the Project. This description
of the future form of organization is applicable to the completed
village. During ? <1 `.T `� ` ..:.2 Project, the
C. Substance of Covenants, Restrictions and Easements to be Imposed
During the construction of the Project, the applicant (or any
assignee or successor to the rights of the applicant) shall reserve
appropriate easements and rights with regard to all parcels in the
Project to allow it to continue in an orderly fashion with the anti-
cipated construction activity. As the Project is developed and as
parcels are committed to the phased development, deed rights will
be granted to each unit owner to provide for the use of the Open
Space Areas in common with other unit owners in accordance with rules
and regulations adopted for the regulation of the Open Space Areas.
Similar deed rights will be granted to each unit owner for the use
of Village Common Areas. Deed restrictions will be imposed upon all
Open Space Areas and Village Common Areas which will restrict the use
of such Areas for the purposes established. The obligation shall be
imposed by covenant upon each unit owner to pay his share of ex-
penses incurred in the maintenance of common facilities through the
Unit Owners Association.
An easement will be granted so that all unit owners can use
utilities and other services necessary or appropriate for their use
in this Open Space Vzllagu Development.
In addition and pursuant to the Open Space Village Development
By -Laws of the Town of Yarmouth, a restriction running in favor of
the Town of Yarmouth will be imposed on all Open Space Areas by the
terms of which no use inconsistent with the Open Space concept des-
cribed in this application will be permitted.
SUM:'1ARY OF A, B AND C ABOVE
While the above expresses the present intent with regard to the
organization of the future ownership of the Project, it is contemplated
that certain changes may become necessary or appropriate for the proper
development, finanrirg and construction of the Project and the sale of
the individual units. The applicant reserves the right to make any and
-0-
Areas as dedicated to the phased deve-
lopment of the Project in a manner which will preserve
the use of Open Space Areas for open space or recreational
purposes.
2. Rights to use any and all open Space Areas and Village
Common Areas dedicated to the phased development of the
Project will be granted to all unit owners.
3. obligations will be imposed upon all unit owners requiring
each unit owner to pay his determined share of expenses in-
curred in the maintenance of Open Space Areas and Village
Common Areas.
TOWN OF YARMOUTH
BOARD OF APPEALS
OWNERS: Yarmouth Properties, Inc., Yarmouth, Mass. and Aaron G.
Weintraub, Trustee of MVI Nominee Realty Trust
ADDRESS: c/o Peabody, Brown, Rowley &Story, 1 Boston Place
Boston, MA 02108
PETITIONER: NAME: Oak Harbojor Associates
ADDRESS: c/o Scott Jordan, 477 Main Street, Yarmouthport, Mass.
BOARD OF APPEALS, YARMOUTH, MASS.
This petition when completed and signed must be filed with the Board of
Selectmen, Yarmouth, Massachusetts, along with the fee of $20.00
DATE : ;2 7
PAID: c
1. I.. e, hereby request the action checked below
A special permit under Section 18.07 of the Yarmouth Zoning
By -Law
allow: an Open Space Village Development on approximately
lY acres of land situated on Rt. 6A in Yarmouth between Rt. 6A
a Bray Farm Road which Open Space Village Development will con-
si of residential buildings each containing no more than 24
dw ing units and together containing no more than 7S0 dwelling
uni ; 83 garage --storage sheds; together with
a) Community Center complex containing a clubhouse --pro shop,
a dining room, lounge, kitchen, a -community hall, a health
club, 10 rooms for guests, a combined post office --village
store, a management office, a sales office, swimming pools
and other space and facilities for recreation;
b) A gatehouse;
c) A Garden Club building;
d) A sewage treatment plant and facilities;
e) Maintenance facilities; and
f) Related accessory features and facilities for the recrea-
tion and enjoyment of residents of the development, including
tennis courts, swiming pools, walking and bicycle paths,
gardens, outdoor cooking areas, rain shelters., ball fields,
a golf course, and a look out platform.
This development to be constructed in successive stages with
building permits issuing from time to time for each stage upon the
commencement thereof; this development is further shown on
the applicable overall development plan submitted with this '
application; the description of the farm of organization
proposed for the ownership and maintenance'of common open
space and a description of the covenants and easements
proposed for the use of land and structure together with
a proposed development schedule are attached hereto. The
development will be known as Oak Harbour and will be organized
as one or more condominiums. The premises are situated within
the RD-2 zoning district and consist of the following parcels
as shown on the Yarmouth Assessor's Plans: Ogee list attach;edl
2. Reason for the Board of Appeals action as checked below:
1.
1.
2.
3.
2. Approval of Board of Appeals, or Special Permit requested under
the following section of Zoning By -Law:
1. Section 18.07
2.
Names and addresses of abutting property owners, and those persons deemed
affected by this application. (At least three.) see list attached
r
Signed _ 421 c - ti
Re pectfully _ .s bmitted,
P titior y i'-crcCt Assented o:
4
n r
Tffi;
Owner
00.11 G, /y 75 ,Wtf .
!-LRK
-2-
W
CALC.ULATTnN TO DETERTNE MAXI'gT NrLT11BF.R OF UNTTS
The formula for calculating the maximun number of units which can be built in an
Open Space Vlll.a!�e Development appears on Pg. 14 of the Yarmouth Zoning Bylaut, as follows:
"Requirements. An Open Space Village Development must conform to the following:
A.. Number of Dwelling Units
(1) The maximum number of dwelling units (living quarters for a single-
family plus not more than. 3 boarders or lodgers, with coakirg,
living, sanitary and sleeping facilities independent of any other
unit, or nuarters for not more than four persons in a lodging house
or dormitory) allowed in an Open Space Village Development shall
equal the "Applicable Land Area" divided by the minimum lot area
requirements for a single-family dwelling, in that district, multi-
plied by the following incentive factors; then rounded to the near-
est whole number:
Applicable Land Area Incentive Factor
Less than 20 acres 1.00 plus M/T
20-5o acres 1.1 + .9 x M/T
50-75 acres 1.2 + .8 x M/T
75 Plus acres 1.3 + .7 x _M/T
Where "M" is the number of duelling units proposed to be in
multi -family structures and "T" is the total number of dwelling
units proposed.
(2) "Applicable Land Area" shall be determined by a registered land sur-
veyor, and equals the total area encompassed by the overall Develop-
ment Plan minus land designated on the plan for uses not primarily -
servicing residents of the development. Not more than 10 percent
of the Applicable Land Area shall be land subject to either inland
or coastal wetland regulations (Sec. 40 and 40A. Ch. 131,G.L.) or
land otherwise prohibited from development by local bylaw or regu-
lation."
The total land area of Oak Harbour, as surveyed by Edward E. Kellev, a Registered
Land Surveyor, is 193.67 acres. All of the land in this subject parcel is considered
as "Applicable Land Area" under the Open Space Village Development Bv1aw. (Only 5.1
acres of land, or 2.67 of the Applicable Land Area, is subject to wetland regulations.
See E.I.R., Sec. VII, Yarmouth Conservation Commission - Pgs. 85 -89)
The forr'ula is as follows:
Total Area: 143.67 acres or €3,436,455 square feet
Minimum Lot .Area Renuirerient: 21},W square feet
Incentive Factor: Applicable Land Area @ 75 plus acres a 1.3 + .7 x `+/T
M: Number of dwellinc units proposed to lie in multi -family structures
T: Total number of dwelling units
All proposed dwelling units will be in multi -family structures: therefore,
M/T s ZR07, or Z
100%
8,436.455 Sq.Ft.
s 42I.8227 x (1.3 + .7)(1) = 421.8227 x 2 A 843.6
20,000 Sq.Ft.
Rounded to: 844 Units
SunmarZ
The total number of dwelling units which can be built at nap Harbour is 844 units.
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TOWN OF YARMOUTH
BOARD OF APPEALS
OWNERS: NAME: Yarmouth Properties Inc. , Yarmouth, Mass APPEALS 0
Aaron G. Weintraub, Trustee of MVI Nominee Realty Trust and
ADDRESS. c/o Peabody, Brown, Rowley & Storey, 1 Boston Place,
Boston, MA 02108
PETITIONER: NAME: Oak Harbor Associates
477 Main Street
ADDRESS: Yarmouthport, Mass.
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 $20.00.
DATE: r3 19 f ,
PAID:
XlK-X X 3 K xwwx xxvmym WAX9f ?-19(iC
X'�XbEX X�X �X ��#?�X�i�� X� X<]4 �f X� 3��1C �►�#�(� kX �C9�X
2. i, We, hereby request the action checked below:
114 Variancesfrom requirements of Yarmouth Zoning By -Law.
X X X X�X)iF(?� XPC7C^I X#:PX'X 3�J(aC 7$X'tX�K
To allow: CO-{��, / � 7S
See 1 through 14 attached
3. Reason for the Board of Appeals action as checked below:
1. Contrary to Zoning by-laws as follows:
1. See 1 through 14 attached
2.
3.
Ax
Names and addresses of abutting property owners, and those persons deemed
affected by this application. (At least three.)
Ass nta
- �- Signed i �_L '.
�t Re'spectfully submit d
Petitioner _
,T_XaX_HAABDUR
VARIANCE NUMBER 1
1. Structures and uses accessory to the multi -family dwellings
Which are the subject of the related request for an Open Space Village
Special Permit under Section 18:07 of the Yarmouth Zoning By -Law,
.ncluding
(i) specifically 83 garage -storage sheds, each for up to 4
cars and having a ground dimension not to exceed 30 feet by 60 feet
and a maximum height of 20 feet, to be situated on Lots #2, 8, 11, 13,
14, 15, 16, 18, 20, 21, 23, 24, 26, 28, 29, 31, 33, 35, 8A, 10A as
shown on the attached Plan A being a plan entitled "Subdivision Plan
of Land in Yarmouth, Massachusetts of Oak Harbour, February 14, 1975
by Edward E. Kelley, Reg. Land Surveyor" for use by residents of the
dwellings to be constructed thereon and to be sited with respect to
such dwellings approximately as shown on attached Plan B entitled
"Typical Cluster, Oak Harbour".
(ii) generally those structures and facilities such as
patios, decks, fireplaces, canopies, gazebos, refuse receptacles
and bird houses as are commonly regarded as reasonable accessories
to residential structures in the Town.of Yarmouth
(iii) those uses constituting accessory uses under
Section 18:02, paragraphs 8 and 9 of the Yarmouth Zoning By -Law.
The foregoing are requested because there is no provision in
Section 18:07 for structures or uses accessory to the multi -family
dwellings requested in the related Special Permit request.
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OAK HARBOUR
VARIANCE NUMBER 2
2. Community center structures, facilities and uses on Lot 4 as
shown on attached Plot Plan C and the use thereof as follows:
(i) Community Center complex consisting of one or more
linked substructures and having an overall ground dimension
not to exceed 10,000 square feet, and a maximum height of 35
feet, said building providing space and facilities for (a) a
clubhouse and pro shop, (b) a dining room, lounge and kitchen,
(c) a community hall, (d) a health club, (e) 10 rooms for guests
of residents of the development, (f) a combined post office -
village store, (g) rooms for crafts such as art, ceramics and
decorating, (h) an art gallery -library, (i) an office for management,
(j) a sales office, (k) swimming pool dressing rooms, and (1)
recreation/game rooms.
(ii) two swimming pools.
a paved parking area for not more than 100 cars.
(iv) outdoor terraces and decks.
(v) use of the sales office by the developer while construdtion
and developer sales of dwelling units are in progress, use of the post
office - store without the necessity that patrons identify themselves
as residents or guests of residents, and.limited use of the clubhouse
and pro shop by non residents in connection with variance request 3,
if granted, together with use of Oak Harbour Circle for access thereto
Except as provided in paragraph (v) above, the foregoing facilities are
for the use and enjoyment of residents of the Development and their guests.
Items (i) through (iv) above are requested because there is no provision
in Section 18:07 for structures or uses accessory to the multiple family
dwellings requested in the related Special Permit request; item (v) is
requested because there is no provision in any Residence District zone for
business use of structures or facilities.
OAK HARBOUR
VARIANCE NUMBER 3
3. Use of such golf course facilities as may be constructed on the
"open space lots" referred to in variance request 10 and of the clubhouse
and pro shop referred to in variance request 2 and of the golf course
accessory facilities referred to in variance request 8 as follows:
(i) to permit limited use of the golf course, golf course accessory
facilities, and clubhouse - pro shop by the public on payment of greens
fees or other monthly or seasonal fees for 8 years or until 750 units
have been completed and occupied whichever shall first occur, such
use to be joint with residents of the Oak Harbour Development and
their guests.
(ii) to permit use of the golf course and golf course -accessory
facilities by residents of the development and their guests on a greens
fee basis or upon -payment of a monthly or seasonal golf course use fee;
either fee may be in addition to or in lieu of common charges to all
residents.
The foregoing are requested because as to (i) there is no provision in
the zoning by-law for business use of land or facilities and because as to
(ii) it is provided in Section,18:-07-4-F that "open space" shall be held for
common use of the residents of the Development with maintenance permanently
assured through (arrangements) through which each lot -is subject to a charge
for a share of maintenance expenses; it is unclear whether use of open -space
can be restricted in way proposed to those residents who pay an additional
"greens fee" and whether such arrangements for maintenance can include charges
paid only by users.
OAK HARBOUR
VARIANCE NUMBER 4
4. Sewage Treatment Plant as shown on attached Plot Plan D and related
facilities on Lots 1, 3, 6 7 9 10 11 12, 17, 18, 30 and 34 as shown on
attached Plan E entitledn" including the
fallowing: � L.:.�-. ►-z-c���.� Q� c
(i) Wastewater treatment complex providing extended aeration
and secondary treatment and designed for a flow of 150,000 gallons
per day; components to include comminutor aerated equalization tank,
aeration tanks, clarifier units, effluent polishing filters, chlorine
contact chambers and sludge dewatering equipment.
(ii) Buildings to house the above as followsi all on Lot 9
(a) Comminutor and Flow Measurement Building not to exceed
400 square feet in area and Z5 feet in height.
(b) Clarifier Building not to exceed 4,000 sq. feet in
area and 25 feet in height.
(e) Chlorine Equipment Building not to exceed-400 square -
feet in area and 25 feet in height.
(d) Polishing Filter Building not to exceed 2,500 sq,
feet in area and 25 feet in height.
The final arrangement and configuration of the above structures and
the design of the equipment therein will be subject to approval of the
Yarmouth Board of Health and the �iassaehusettts Dept. of Public Health.
All tanks referred to in (i) above to be no more than 4 feet above
final finished grade.
(iii) Office building containing office, lavatory and shower,
control panel and laboratory for test equipment, situated on Lot 9
and having a maximum ground area of 7,200 square feet and not to
exceed 25 feet in height.
(iv) Paved parking area on Lot 9 for not more than b cars.
(v) Graveled areas on hots 1 and 9 for parking and storage of
boats, trailers and recreational vehicles.
(vi) Trunk line network as shown on Plan E.
The foregoing are designed and necessary to serve residents of the Oak
Harbour Development and are requested because there is no provision in
Section 18:07 for structures or uses accessory to the multi-fami-ly dwellings
requested in the related Special Permit request.
OAK HARBOUR
VARIANCE NUMBER S
5. Maintenance buildings and facilities on Lot 13-A as shown on
attached Plot Plan F as follows:
(i) An unheated open storage building having a ground dimension
not to exceed 1,000 square feet and a maximum height of 25 feet.
(ii) Two 4-bay open shed -type buildings having a ground dimension
not to exceed 2,300 square feet and a maximum height of 25 feet.
(iii) A heated garage building with 3 vehicle repair bays and
containing work areas, one room office, day room, lavatory and
showers for maintenance staff, and having a ground dimension not
to exceed 2,300 square feet and a maximum height of 25 feet.
(iv) Lath house for temporary storage of plants having a
ground dimension not to exceed 600 square feet and a maximum height
of 15 feet.
(v) Fuel storage with delivery pump for service of maintenance
vehicles only and not for resale.
(vi) Outdoor storage for loam, mulch, gravel, fertilizer
and other common landscaping materials.
(vii) Work area having a maximum paved surface of 200x80 feet
for outdoor parking and storage of service vehicles and equipment.
The foregoing are intended solely for use in servicing the residents
of the Open Space Village and will not be available to the general public;
they are requested because there is no provision in Section 18:07 for
structures or uses accessory to the multi -family dwellings requested in
the related Special Permit request.
OAK HARBOUR
VARIANCE NUMBER 6
6. Gatehouse structure partly on Lot 12A and partly within the right
of way of Oak Harbour Circle as shown on attached Plot Plan G having a ground
dimension not to exceed 300 square feet and a maximum height of 20 feet; this
structure to include a lavatory and a security control panel and to be located
two feet or more from the paved surface of Oak Harbour Circle and two feet
or more from the paved surface of a proposed by-pass way to be constructed
on the easterly side of the gate house.
This structure and the use thereof is designed and intended to serve
residents of the Open Space Village by controlling traffic from Rt. 6A
and is requested because there is no provision in Section 18:07 for structures
or uses accessory to the multi -family dwellings requested in the related
Special Permit request; Section 18:07 also requires a front yard of 30 feet.
OAK HARBOUR
VARIANCE NUMBER 7
7. Garden club building on Lot 11-A as shown on attached Plot Plan H
with attached greenhouse and containing rooms and facilities for meetings,
potting, workshops, displays, and lavatories and a kitchen and having a ground
dimension not to exceed 3,500 square feet and a maximum height of 35 feet
and parking area for not more than 20 cars.
This building will be available for use by residents of the Open Space
Village and is requested because -there is no provision in Section 18:07 for
structures or uses accessory to the multi -family dwellings requested in the
related Special Permit request.
OAK HARBOUR
c
VARIXICE tiUMBER 8
g, General landscape accessory facilities and features commonly associated
with multi -family residential structures in the Town of Yarmouth including,
but without limiting the foregoing, the following:
(i) Street, directional and warning signs, vegetable and flower
garden plots, fencing, outdoor lighting, bird houses, bike racks, mail
boxes, drinking fountains, barbecue pits, a community clam bake area,
picnic tables, rain shelters, gazebos, fireplaces, soft ball back stops,
all fields, look -out platform, all wherever situated.
(ii) Open space facilities such as tennis courts and paddle
courts on Lot 5 on attached Plan I being a plan entitled "Subdivision
Plan of Land in Yarmouth, Massachusetts of Oak Harbour, February 14,
197S by Edward E. Kelley, Reg. Land Surveyor" and at other locations
deemed suitable by the developer on any one or more of Lots 17, 22,
11-A or 3VZ shown on said plan.
(iii) General golf course accessories such as signs, markers,
benches, flags, drinking fountains, ball washers, wash racks,
Sprinklers, and rain shelters.
(iv) A replacement shrub and tree nursery.
Except for the additional uses of the golf course and golf course
facilities requested in Variance3 , all such facilities are to be for the
exclusive use and enjoyment of residents of the Oak Harbour Development
and their guests and are requested because there is no provision in Section 18:0
for structures or uses accessory to the multi -family dwellings requested
in the related Special Permit request.
OAK HARBOUR
Vl:RIA;�C-F NUMBER 9
9. To permit on Lots 1 4 9, 4, 2 & 8, 10A, 11, 11A, 13, 13A, 14,
15, 16, 18, 20, 21, 23, 24, 26, 28, 29, 31, 33, 8A &35 as shown on attached
Plan J entitled "Lots for Proposed Structures" fills in excess of 5 feet
wherever required to accomodate the siting of buildings, sewage treatment
facilities, surrounding landscape and grading, and all improvements as shown
from time to time on the detailed site plans to be submitted to the Board
of Appeals pursuant to Section 18:07-4-E and 18:10 for the construction of
buildings in the Open Space Development.
It is required under Section 18:9-7 of the Yarmouth Zoning By -Law
that no fills may exceed 5 feet without approval thereof by the Board of
Selectmen.
OAK HARBOUR
VARIANCE. NUMBER 10
10. From the requirement in footnote (a) of Section 18:07-4-C of
the Yarmouth By-law to permit construction of the various numbers of
dwelling units on particular lots (1) as set forth in the related request
for a Special Permit under the Yarmouth Open Space Village By-law
(Section 18:07), provided that prior to the construction of any of such
_dwelling units, sufficient open space area in the form of one or more _
of Lots 3, 6, 10, 12, 17, 19, 22, 25, 12A, 27, 9A, 30, 34, 7, 11A, 4, 5, 3t
as shown on the attached Plan ,K being a plan entitled "Subdivision Plan of Land
in Yarmouth, Massachusetts of Oak Harbour, February 14, 1975 by Edward E.
Kelley, Reg. Land Surveyor" plus Lots 22, 23, 24, 25 and 26 on Land Court Plan
354S4-A filed with the Barnstable Registry District of the Land Court in Book 4
Page 82 shall be dedicated under the provisions of Section 18:07-4-F of the
Yarmouth By-law to cause the total area of dedicated open space plus housing
lots completed or, then to be started to meet the requirements of footnote (a)
for the number of dwelling units completed plus those then to be started.
Footnote (a) to Section 18:07-4-C of the Zoning By-law requires that
there be a minimum of 8,000 square feet of lot area per dwelling unit.
lAl ire particular lots an maximum number units
a
thereon are as follows: .
Lot t No.
Area of Lot
Dwellin Units
33
13
184,292
233,954
3S
units
14
147,635
52
units
15
151,510
30
units
31
176,826
28
units
16
284,264
37
units
18
354,568
50
units
�9
138,954
72
units
28
124,428
32
units
20
251,150
27
units
23
253,291
50
units
24
153,603
52
units
26 &810A
226,123
40
units
273,051
44
units
8A & 35
192,462
59
units
21
599,257
38
units
11
408,855
104
units
32
units
e constructe
total no. of units
not to exceed 750
OAK HARBOUR
VARIANCE NUMBER 11
,,.From the provisions of Section 18:07-4-E and Sections 18:10-6-B
of the Yarmouth Zoning By-law to permit the Board of Appeals to act upon
and issue the Special Permit requested in the related Open Space Village
application without prior submission of detailed site plans or review
thereof provided that the same are submitted to the B oard of Appeals
or Bui?ding Inspector prior to the issuance of any building permits for
any of the structures authorized under such Special Permit or under any
of these associated variances.
It is not clear under the applicable provisions of the above sections
dealing with site plans whether the Board of Appeals is authorized to act
upon (and grant) a Special Permit for an Open Space Village Development
without prior site plan submission and review.
OAK HARBOUR
VARIANCE NUMBER 12
12. To permit the erection of signs on Lots 13A and 68 as follows:
(i) One permanent identification sign on 'Lot 68 as shown on
the attached Plot Plan L", sign not to exceed 24 square feet in area.
(ii) Two advertising signs containing general "for sale" information,
on each of lots 68 and 13A as shown on the attached Plot Plan L,
each sign not to exceed 12 square feet in area.
(iii) Illumination of such signs to be by flood or spotlights.
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OAK HARBOUR
VARIANCE NUMBER 13
13. From the provisions of Section 18:07-4-F of the Yarmouth Zoning
By-law to allow the developer to limit the use and enjoyment of parts or all
of the unbuilt upon portions of the housing lots in the development to the
residents or owners of the dwelling units situated thereon or to groups or
associations of residents or owners constituting less than the entire
resident population of the development.
Section 18:07-4-F provides in part that "all land not designated for
roads, dwellings or other development within the Open Space Village
Development shall beheld for common use of the residents of the Development."
It is not clear whether in the case of a subdivided development, this Section
applies only to the lots designated as open space and meeting the 3DA requiremer
or whether the provision may apply► as .well _to the portions_ of other lots
not designated for roads, dwellings, or other development.
OAK HARBOUR
VARIANCE NUMBER 14
14. To permit during construction and initial sales of units in the
development the use of a unit or cluster of dwelling units as a model with
provision therein for a resident sales agent and for use of the same as a
sales office.
The foregoing is requested because there is no provision in Section 18:07
for the use of structures other than as dwellings or for the conduct therein
or thereon of a sales activity.
�1r.%JOR_ANDUTA
PETITION FOR VARIANCES
RE: OAK HARBOUR
YARMOUT€-iPORT, MASSACHUSETTS
SUB,�MITTED TO THE
YAR�10UTH BOARD OF APPEALS
BY
OAK HARBOR ASSOCIATES
Petitioner
DESCRIPTION OF SITE
The Petitioner's property consists of approximately 194 acres of
vacant land on the north side of Rt. 6A in Yarmouth and situated
between Rt. 6A and Bray farm Road.
The major portion of the site is presently owned by the M.V.I.
'nominee Realty Trust, Aaron G. Weintraub Trustee. In addition, Yarmouth
Properties, Inc. c/o Scott Jordan, 477 Main Street, Yarmouthport,hotds
title to several part -lots at the edge of the parcel on the Southeast
corner.
The site is bisected north and south by Hockanom Road, a dirt
track of long standing between Rt. 6A and Bray Parris Road which has never
been improved and over which relatively fey vehicles now pass.
There is located on the property in the southwest section an FAA
flight control installation, the lease for which will expire in 1978.
ZONING HISTORY
The property is entirely within the RD-2 coning district. Until
1973, apartments were permitted in this district and in 1973, the Yarmouth
Board of Appeals granted to one of the petitioners a special permit for
multiple family dwellings for 9S7 families.
At the Annual Tonn Meeting in � , ��C , n4nded the zoning
vy law, substituting in PLC the aparWent secl_1'tn a new by-law
4ection for Open Space Village n£v���� � cti.on, as ,iir,ended
slightly by the Special Tcwn6g in the Fall. of 1974, is the basis
of this petitioner's acco: pan aQ-tv west: to this Board for a Special
e'er„pit for multiple family dwellings containi.o€- 150 dwelling units.
The major portion of the parcel has recently been subdivided; a
copy of the subdivision plan approved by the Yarmouth Planning Board on
March 19, 1975 is attached.
PETITIONER'S REQUEST
The Petitioner filed with the Yarmouth Board of Appeals a request for
a Special Permit under Section 18:07 of the Yarmouth Zoning By -Laws; a
copy of that petition (without support documents) is attached to this
memorandum. The Petitioner also filed with this Board as an associated
request for simultaneous consideration a petition for fourteen variances.
These variances fall with four classifications or categories:
1. Access structures for each residence building.
2. Access structures and features appurtenant to the
project as a whole.
3. Non residential uses.
4. Structures and facilities which do not (or may not)
comply with the zoning by-law.
For purposes of this brief, the variances will be grouped within
these categories because of the common factors applicable to each category.
It is to be noted, however, that in one important aspect, all
fourteen variances are alike. The only purpose of each and every variance
is to make possible the open space village for which the related special
permit petition has been submitted. Not one of the structures or uses
requested in the variance petition represents a building or activity
that will stand independent of the basic plan for the site, that of a
residential development. In this sense, all of the variances may be
looked upon as accessory requests.
CATEGORY 1 ACCESSORY STRUCTURES FOR EACH RESIDENCE BUILDING
A. Variances within this category: 01
B. Description of relief requested: Principally, this request
covers 83 garage -storage sheds to be situated on lots numbered 2, 8,
11, 13, 14, 15, 16, 18, 20, 21, 23, 24, 26, 28, 29, 31, 33, 35, 8A'and 10A
for the use of residents of the dwellings to be constructed on these
lots and to be sited with respect to such dwellings approximately as
shown on the plan attached to the variance request, which plan is entitled
"Typical cluster, Oak Harbour". Final siting and placement of these
garage -storage sheds will be shown on the site plans to be submitted
under Sections 18:07-4-E and 18:10-6-B prior to the commencement of
each cluster.
This variance also covers typical dwelling appurtenances such as
patios, decks, fireplaces, canopies, unenclosed outdoor structures such
as gazebos, refuse receptacles and bird houses.
The variance also covers those accessory uses permitted under
Section 18:02, paragraphs 8 and 9, of the Yarmouth Zoning By-law.
C. Reason Requested: This variance is requested because there
is no provision in Section 18:07 of the Zoning By-law for structures
or uses accessory to the multi -family dwellings specifically per
by Special Permit under paragraph 4D of said Section. General accessory
structures and uses are set forth in Section 18:02 of the By-law but
only with respect to structures and uses permitted thereunder; under
Section 18:02 (applicable to the RD-2 Zoning District), residential
buildings are limited to those for one or two families.
D. Land conditions applicable to the Oak Harbour Parcel: The
parcel is t e largest undeveloped tract o a vcant lan in united, private
ownership on the north side of Rt. 6A within the RD-2 zoning district;
as such the parcel is particularly suited for treatment as a cluster
development under the Open Space Village Development section of the
By-law.
In addition, the main part of the tract has an average elevation
of 90 feet which rises gradually toward the northeast corner. The
northeast corner itself, however, falls away steeply to the level of
Bray Farm Road. Severe problems would be encountered in joining this
corner to the rest of the tract. This feature of the land, therefore,
causes the parcel as a whole to be best suited for cluster development
treatment under which the northeast corner can be allocated to open
space thereby eliminating the need for street connection.
In the southwest corner of the parcel there is situated a low
relatively wet area (1) and also a FAA f I ight control installation in
neither of which areas construction can presently take place. Also, as
pointed out in the report of Mr. Kelley to this Board, the configuration
of the parcel is not adaptable to a single family street layout. For
these additional reasons, cluster development treatment is preferable.
1 See E.E. K.... lan ate January 9, 1975 on file with the
Conservation Commission for the Town of Yarmouth.
E. Effect of the above land conditions on the Petitioner: As
set forth above, and as referred to in the report by Childs, Bertman,
Tseckares Associates, Inc. submitted to this Board, these several
land conditions particularly affecting this parcel dictate cluster
development treatment under Section 18:07 of the Yarmouth Zoning By-law.
However, as the report of Mr. Regan to this Board points out, this
open space option has little practical value without provision in the
development for basic accessories and appurtenances such as the garage -
storage sheds and other facilities which are the subject of this variance.
F. Impact of the requested accessory structures and uses on the
nei hborhood and on t e overall zonin scheme: The garages and outside
yard facilities -requested in this variance can be granted without the slighte
adverse effect on the neighborhood surrounding Oak Harbour because these
requested structures and uses are all common to the single family dwellings
situated nearby in the neighborhood. The dominant character, from a
land use point of view, of the area along Rt. 6A between Yarmouthport
and the Dennis town line is residential; none of the requested accessory
structures is in any way inconsistent with this pattern of development
and in fact supports it.
The request is in addition consistent with zoning in the area
inasmuch as it confirms and reinforces the committment of a substantial
tract of vacant land in a residence zone to residential use in the
manner contemplated by Section 18:07 of the zoning by-law.
CATEGORY 2 ACCESSORY STRUCTURES AND FEATURES APPURTENANT TO THE
PROJECT AS A WHOLE
A. Variance within this category:
B. Description of relief requested:
Numbers 2(i-iv), 4, 5, 6, 7, 8 and 12
These variances cover:
the proposed Community Complex on Lot 4
the proposed sewage treatment plant on Lot 9 and proposed
sewage treatment facilities, an office, laboratories and parking
and vehicle storage areas on Lots 1, 3, 69 7, 9, 10, 11, 12,
17, 18, 30 and 34 as shown on the plan accompanying variance
request 04, which plan is entitled "Lots for Sewage Treatment Plan
and related facilities"
the proposed maintenance buildings and facilities on Lot 13A
the proposed Gate House structure partly on Lot 12A and
partly within the right of way of Oak Harbour Circle
the proposed Garden Club building on Lot 11A
general landscape accessory facilities throughout the
development
open space recreation facilities such as tennis courts and
paddle courts on Lot 5, 17, 22, 11A and 32
general golf course accessories such as markers, benches,
drinking fountains, wash racks and rain shelters on any golf
course which may be constructed
a replacement shrub and tree nursery.
C. Reason Requested: These variances are requested because there
is no provision in Section 18:07 of the Zoning By-law for structures
or uses accessory to the multi -family dwellings specifically permitted
by Special Permit under paragraph 4D of said Section. General accessory
structures and uses are set forth in Section 18:02 of the By-law but
only with respect to structures and uses permitted thereunder; under
Section 18:02 (applicable to the RD-2 Zoning District), residential
buildings are limited to those for one or two families.
D. Land conditions applicable to the Oak Harbour Parcel The
considerations set torth in paragraph D o Category 1 apply equally to
the variances in this classification.
In addition, the parcel is situated geographically 2,750yards from
Yarmouthport and 2.1 miles from the Yarmouth Inn, the nearest large
restaurant now in existence. The site is 2.2 miles distant from the
nearest public hall, 2.1 miles from the nearest post office and .55
miles from the nearest convenience store.
Finally, the configuration of the lot in relation to Rt. 6A is
such that all traffic to and from the development will pass from Rt. 6A
over Oak Harbour Circle as far as the fork in Oak Harbour Circle, a
condition contributing to the practicality and therefore desirability
of an information and security gate house.
E. Effect of the above land conditions on the Petitioner As
indicated above, t e conditions affecting this parcel dictate cluster
development treatment under the Open Space Village Section of the
By-law.
However, as the report of Mr. Regan to this Board states, no
effective use can be made of the open space village by-law in development
of the site without the accessory structures and facilities requested
in variances #2(i-iv), 4, 5, 6,7,12 axl8(i, ii and iv). The prospect
that market conditions will require a special identity for the development
in the form of a golf course in order to make the project economically
sound similarly establishes the importance of variance $8(iii).
F. Impact of the re nested accessory structures and uses on the
neighborhood and on the overall zoning scheme: The requested structures
and uses will have no adverse effects on the general neighborhood.
None will be visable from the nearest public highway (Rt. 6A) except
for the maintenance buildings which, to the extent visable, will be
required to comply so far as appearance is concerned with the Old Kings
Highway Regional Historic District Act. Except as any golf course,
the pro shop and club house may under the provisions of variance #3
be used by non-residents and except as the post -office store may be
patronized by persons other than residents and guests of the development
as set forth in variance #2 (v), all of the structures requested in this
category will exist to complement the residential character of the
development. All outside facilities included within this category,
being principally the swimming pool and parking for the swimming pool,
tennis courts, barbeques, bicycle racks, picnic tables, rain shelters,
ball fields and the golf course support facilities are consistent with and
in support of residential activity.
Finally all structures and parking facilities requested in this
category will be located at least 50 feet from the perimeter of the
development thereby securing added privacy to abutting neighbors. Moreover
no secondary streets existing primarily to serve neighboring homeowners
will be open to or used by residents of Oak Harbour(3)
The considerations set forth in paragraph F under category 1 with
respect to the effect of this request on the overall zoning scheme
apply with equal force to category 2.
(3) Emergency access for use by the Fire Department and others
will be provided over Canterbury Road, a private street constructed to
Town of Yarmouth Collector Streets Standards, but the connector street
between the end of Canterbury Road and Oak Harbour Circle will no" be
paved and common use thereof will further be discouraged by the existence
of suitable barriers on the Oak Harbour side.
CATEGORY 3 NON-RESIDENTIAL USES
A. Variances within this care or : 2(v), 3, 14
B. Description of relief requested: These variances cover space
and facilities for sales o welling units by the developer in the
form of a sales office in the community center complex and a model'
unit for display purposes with provision for a resident sales agent.
These variances also cover the operation of the post office -store
in the community center complex without the limitation that sales be
made only to residents and guests.
Finally, there is included in this category the request for
authorization to extend use of the golf course and golf course
accessory facilities, if constructed,_ together with the club house
and pro shop to the public on a greens fee charge or other monthly
or seasonal charge basis during the first eight years of the project
or until the 750 units of housing have been completed and occupied,
whichever occurs first.
C. Reason Requested: These variances are requested because there
is no provision either in the RD-2 zoning district or within Section
18:07 of the Zoning By -Law for activities or facilities having business
characteristics.
Actually, the on -premises sales office and the use of a model
unit could be classified in a development this large as activities
necessary for the contemplated transfer of the dwelling units to
individual owners, and hence, as accessory uses (dealt with in
Category 2). However, inasmuch as the proposed sales activity will
not occur on the site of the particular unit offered for sale, or even
within the cluster being sold, but instead in separate buildings, these
activities seem to have the attributes of a business use and for this
reason are included in this category.
D. Land conditions applicable to the Oak Harbour Parcel: The
circumstances set forth in paragraph D in Categories 1 and 2 apply to
all of the variances in this category.
E. Effect of the above land conditions on the etitioner: The
petitioner respectfully submits that the existence of the several land
conditions particularly affecting this parcel mitigates against
development of the land for single family homes under the RD-2 zoning
district.
If the alternative to an RD-2 development, namely an open space
village, is utilized as the petitioner proposes, substantial portions
of the parcel are required to remain open for conservation and recreation
purposes. Within the category "Recreational Open Space Activities",
golf courses are particularly attractive; retired persons are able to
make use of golf courses, the equipment involved is small, and on Cape
Cod operation during most of the year is possible.
The effect on the project of elimination of a possible future
golf course is contained in Mr. Regan's report.
The hardship attendant upon operation of the post office -convenience
store without the variance requested lies in the added cost and difficulty
to the developer and inconvenience to future owners of arranging a system
for identification under which a person unable to show himself or herself
to be a resident or the guest of a resident would be turned away as a
purchaser.
Mr. Regan's report also states that provision for on -site sales
facilities is necessary if the cluster development alternative is
to represent a practical choice.
F. Impact of the reguested uses on the neighborhood and on the
overall zoningscheme: The requested use of the golfcourse, club house,
an pro shop yesidents during the construction phase is designed
and requested only to assure the same level of patronage of the facility
during early years as will occur according to plans when the development
is completed. As such, the variance should have no impact at all on the
neighborhood; the parking facilities for the community center will be
constructed at the same time as the golf course so that no traffic
congestion is anticipated. As a practical matter, the nearest present
neighbor to the contemplated site of the golf course is approx. 500 feet
from the proposed fairway.
The use of a separate model unit or cluster for sales and a sales
office within the community center structure are both designed to
reduce the evidence and impact of the necessary selling activities so
far as residents of the development are concerned. In neither case
will the structures involved be structures primarily for sales activity
with the result that these requested uses should be expected to have no
effect whatever on the neighborhood and should, in fact, be totally
unnoticed.
Use of the post office -convenience store by non-residents of the
development should have minimal impact on neighbors, first, by reason
of the fact that the post office store will be situated within the
community center, which in turn is to be located on Lot 4 in the middle
of the development. Second, it is expected that this variance, if
granted, would be conditional upon total avoidance of any advertising
of the convenience store outside of the Oak Harbour community itself.
Finally, the limitations in size and scale inherent in the
classification of the store as a convenience store mitigate against any
substantial effect onfood store owners already serving the north side
of Yarmouth.
To the extent that all of the activities requested in this category,
although having business attributes, are purely subordinate to and in
support of basic residential character of the development, the petitioner
submits that they are thereby consistent with and not in derrogation of the
applicable Zoning By -Laws.
CATEGORY 4 STRUCTURES AND FACILITIES WHICH DO NOT (OR MAY NOT) COMPLY
WITH THE ZONING BY-LAW
A. Variances within this category: #3(ii), 6, 9, 10, 11, and 13
B. Description of relief requested: These variances cover:
use of any golf course and golf course accessory facilities
that may be constructed on open space by residents and their
guests on a greens fee or monthly or seasonal charge basis.
construction of the Gate House building on Lot 12A within
the front yard area required under'Section 18:07 of the By-law.
placement of fills on the "housing lots"(4) in excess of 5 feet
to accomodate siting and grading of buildings, facilities and
landscaping as shown on detailed site plans to be submitted to the
Board of Appeals from time to time.
construction of dwelling units on the housing lots at a
higher ratio of numbers of units to lot area than is permitted
in Section 18:07-4-C, footnote A, (footnote A requires 8,000
square feet of lot area per dwelling unit) provided that sufficient
open space in the form of one or more of the future "open
space lots" (5) is dedicated as open space prior to commencement
of construction on the particular housing lot involved.
authorization to submit to the Board of Appeals detailed site
plans for each cluster at the time of commencement of each cluster
rather than at present as a condition of the grant of the
Special Permit which is the subject of the related request before
this Board.
to allow the developer to limit the use and enjoyment of parts
or all of the yard area of the housing lots in the development
to the residents or owners of the dwellingunits situated thereon
or to groups of residents constituting less than the entire resident
population of the development.
4 Lots 1 & 9, 4, 2 $ 8, 10A, 11, 11A, 13, 13A, 14, IS, 16, 18,
20, 21, 23, 24, 26, 28, 29, 31, 33, 8A & 35
(5) Lots 3, 6, 10, 12, 17, 19, 22, 25, 12A, 27, 9A, 30, 34, 7, 11A,
4, 5, 32
C. Reasons Requested:
1. Variance 3
The assessment of golf course use charges upon residents who
use the golf course, in the form of greens fees or monthly or seasonal
charges, is included as a variance request because the golf course, if
built at all, will be situated on land otherwise fulfilling the "open
space" requirement of Section 18:07 of the zoning by-law. The paragraph
in Section 18:07 describing open space states that it shall be held for
the common use of residents of the Development with maintenance permanently
assured by subjecting each lot to a share of maintenance expenses. The
application of this specification is unclear; to the extent it would
prohibit assessments in the form of flexible charges related to the
amount of use, a variance is requested. Also, to the extent the language
might be said to prohibit any limitation upon use of open space by
residents who pay their common assessments, variance relief is requested.
2. Variance 6
The Gate House on Lot 12A in order to be effective must be
situated near enough to the paved part of Oak Harbour Circle for drivers
to converse with the Gate House attendant; as such, the structure will not
observe the Open Space Village set back provisions (1) and in fact will
encroach partly on the right of way of the street itself.
3. Variance 9
The third variance in this category is requested because
Section 18:9-7 of the by-law specifies that no fills exceeding 5 feet
may be made without the approval of the Board of Appeals.
4. Variance 10
The fourth variance in the class deals with one of the two
density requirements for multiple family dwellings. Footnote (a) to
Section 18:07-4-C requires that there be 8,000 square feet of lot area
for each dwelling unit constructed on one of the proposed "housing lots".
This requirement will not be met.
S. Variance 11
The variance request that submission of detached site plans not
be required for a cluster or phase until that phase is about to be built
is inserted because of ambiguity in Section 18:10-6. To the extent that
the section which applies to special permits for open space village
development could be said to prevent the Board of Appeals from acting upon
the petitioner's related special permit petition without detached site
plans first being prepared and submitted, a variance is requested.
1 Under Section 18:07-4-C, a minimum front yard of thirty
feet is required.
6. Variance 13
The final variance in this class seeking permission to limit
use of yard space on the housing lots to the residents of units on the
particular lots or to groups of residents less than the whole is
inserted because Section 18:07-4-F of the Open Space Village By -Law
leaves it unclear whether in a subdivided development, the open space
to be held for common use of all residents is that open space needed to
meet the 30% requirement, or includes all land which will have buildings,
roads or other development on it. To the extent it may be interpreted
to mean the latter, a variance is requested.
D. LAND CONDITIONS APPLICABLE TO THE OAK HARBOUR PARCEL
The circumstances set forth in paragraph D in Categories 1 and 2
apply to all of the variances in this category.
E. EFFECT OF THE ABOVE LAND CONDITIONS ON THE PETITIONER:
1. Variance 3
This variance proceeds from the most adverse reading of
of Section 18:07-4-F, namely that it prohibits any restrictions on
resident use of required open space land taking the form of a greens
fee charged to those who wish to use the golf course.
A literal enforcement of this interpretation would require that
any and all recreational facilities constructed on open space lots must
be maintained and serviced by an equal charge to all unit owners, a result
not unacceptable where low upkeep facilities such as bike trails or
nature paths are concerned but a serious disadvantage when a golf course
is involved. Assessment of golf course upkeep costs upon all owners -
golfers and non -golfers alike - would significantly limit the market
for units in the development.
2. Variance 6
Compliance with the front yard requirements of Section 18:07
of the By-law so far as the proposed gate house is concerned would cause
it to be set back so far from the Oak Harbour Circle to be ineffective as
a security checkpoint; the effect of elimination of a security gate house
on the economic feasibility of the project is set forth in Mr. Regan's
report.
3. Variance 9
Section 18:9-7 enforced as written would require the developer
to submit detailed site plans showing the elevation of structures and ways
and adjacent landscaping first to the Board of Appeals under Sections 18:07
and 18:10-6 and then to the Board of Selectmen for approval of any fills
shown thereon to be in excess of 5 feet.
In view of the responsibility placed upon the Board of Appeals for
control over and approval of all aspects of the siting and arrangement of
buildings within an Open Space Village Development, it is submitted that
the added requirement of submission of the same plans to the Board of
Selectmen for approval of one particular and relatively minor aspect
thereof is unnecessary and constitutes only an added burden on the developer.
This is not to say that in cases not involving detailed site plan submission!
and review, the requirements for approval of fills by the Board of Selectmen
does not make good sense.
4. Variance 10
A literal enforcement of footnote (a) to Section 18:07-4-C
requiring 8,000 square feet of lot area for each multiple dwelling unit
would as stated in Mr. Regan's report prevent use of the subdivided parcel
in its present form which would in turn eliminate the open space village
by-law as an alternative for development.
S. Variance 11
The same considerations set forth in the paragraph above apply
to this variance request; a literal enforcement of this by-law provision
would eliminate design flexibility and render impractical the proposed
plans for open space development of the parcel.
b. Variance 13
The attractiveness and therefore saleability of dwelling units
within a cluster development depends in part on the success of the
developer in setting aside for the exclusive use of residents of each
building or group of buildings in a cluster exclusive use of adjacent
yard areas, sometimes referred to as local common areas or cluster
common areas. These make possible for unit owners the same individual
or local control of immediate yards that is one of the main characteristics
of single lot, single family home ownership.
A literal enforcement of Section 18:07-4-F could be deemed to eliminate
this treatment of local areas to the detriment of future owners and with
consequent reduction in the feasibility of the project.
F. IMPACT OF THE REQUESTED VARIANCES ON THE NEIGHBORHOOD AND
ON THE TERE
1. Variance 3
The effect of this variance which would impose a greens fee
or seasonal charge on residents desiring to play golf and which would allow
a different arrangement for maintenance of the open space lots involved
on the golf course than equal assessments upon all residents should have
no effect whatever in the neighborhood for it will have nothing to do
with the visable activity on the land.
To the extent that a recreational use of open space will be confirmed
and assured under the proposed variance on a maintenance basis fairer to
residents who do not wish to use it, the purpose of the Open Space Village
will be served.
2. Variance 6
The Gate House which is the subject of this variance will not
be closer than 400 feet to neighbors nor will it's operation be perceived
by abutters; its impact on the neighborhood will be minimal.
To the extent that the Gate House will make it possible for the
developer to control vehicle traffic into the development, residents
will receive added security which cannot help but reinforce the residential
character and purpose of the land which is the intent and purpose of the
Open Space Village By-law and the underlying RD-2 district provision.
3. Variance 9
This request involving the placement of fills on housing lots
and on the lots for the Community Center Complex, the Maintenance Area,
the Sewage Treatment Plant and the Garden Club concerns almost entirely
the interest of the Town in controlling significant allerations of the
landscape. This control will be provided by the Board of Appeals so
that there should be no injury to the neighborhood and full compliance
with the purpose of the By-law
4. Variance 10
There is a basic density formula for multiple family dwellings
in Open Space Village Developments. The formula is set forth in
Section 18:4-A of the By-law. The application of this formula to
the petitioner's land works out as set forth in the Formula Calculation
attached to this Memorandum. The maximum number of dwelling units
permitted under the formula would be 844. Petitioner's request for
750 units, falls well within this upper limit.
There is an additional density requirement that operates on an interim
basis. This requirement operates only in cases of subdivided Open Space
Village parcels and it imposes limits which are more stringent than -the
formula test above only where a subdivided Open Space Village Development
is proposed to be built in stages. In this particular situation, it
imposes an ongoing requirement that each housing lot contain at least
8,000 square feet of land area per dwelling unit.
Petitioner requests that this requirement be waived by variance,
but Petitioner proposes that the intent and purpose of the requirement
be met fully by the dedication of sufficient open space lots as each
stage proceeds to meet and exceed the 8,000 square foot test. The
operation of this proposed condition in a typical development sequence
is set forth in the attached chart so named.
Since the addition of this proposed condition to the variance will
result in full compliance with the applicable By-law section on an ongoing
basis, no injury whatever will be caused to any abutters and the intent
and purpose of the by-law will be carried out.
5. Variance 11
The considerations set forth in paragraph 3 of this section
apply equally to this variance which seeks a delay in submission of
detailed site plans. No departure from the standards of the by-law
is sought; no reduction in construction or site planning standards
for each cluster will result.
6. Variance 13
This variance seeks only to permit the developer to set aside
local yard areas on each housing lot for the exclusive use of
the residents of that dwelling or cluster of dwellings. The by-law may be
deemed to bar such local dominion and instead to require that every
resident of Oak Harbour have free access to every square foot of land not
designated for buildings, parking, streets or recreational structures.
As such the matter is entirely one of internal rights and restrictions;
it does not have anything to do with people outside the development;
neighbors will see no difference in the day to day running of Oak Harbour
no matter whether this variance is granted or not.
As to the intent of the Section 18:07-4-F of the By-law it is
submitted that the basic purpose of the entire section is to ensure
that the required open space constituting at least 30% of the total
land area be made available for the use and enjoyment of all
residents (which Oak Harbour provides); that it was not intended
and is not desirable that residents have no yard areas for local use and
enjoyment and that in a subdivided development, the yard areas within
each housing lot are within the excluded "land designated for
other development" and are not open space in the sense of Section 18:07-4-F
at all. As such, no departure from the intent of the by-law will occur.
CONCLUSION
The Petitioner respectfully submits that the foregoing establishe
the following:
s
A. The existence of conditions especially affected the
subject parcel which do not affect in which it is located,the conditions hereinbefore dIt is furtheresubmitted thatngh��strict
escribed are physical conditions
associated with and uniquely affected the Oak Harbour parcel,
all as set forth in the cases of Rodenstein V. Board of A eats
of Boston, Dion v. Board of A eals o Waltham and Jose hs v.
oar o A eals o Brookline, 1972 Advance S eets 'Tole
B. That owing to the physical conditions described herein,
a literal enforcement of the zoning by-law would involve substantial
hardship to the Petitioner; this hardship in most instances
takes the form of elimination from a any opportunity to use the cluster development alternativesf
contained in Section 18:07 of the by-law,
C. That the relief requested may be detriment to the public good and without dexrogatingtfrom thesintentl
and purpose of the zoning by-law.
For the foregoing reasons your Petitioner respectfully urges and
submits that this petition for variances be erantpa-
Oy
By
TOWN OF YARMOUTH
BOARD OF APPEALS
OWNERS•+ Yarmouth Properties, Inc., Yarmouth, Mass. and Aaron G.
Weintraub, Trustee of MVI Brown, Rowley Realty � Story,Trust
I Boston Place
Boston, MA
ADDRESS:. c/o Peabody, 02108
PETITIONER: NAME: Oak Harbour Associates Yarmouthport, Mass -
ADDRESS: c/o Scott Jordan, 477 Main Street,
BOARD OF APPEALS, YARMOUTH, MASS•
his petition when completed and signed must betfiled
feewith of $2the 0Board of
T P
Selectmen, Yarmouth, Massachusetts, along
DATE:
PAID:
1, I, We, hereby request the action checked below:
1. A special permit under Section 18.07 of the Yarmouth Zoning
By -Law roximately
To allow: an Open Space Village Development on aPP
194 acres of land situated oSpacetAVill armage o th betweenwRll con -
and Bray Farm Road which opening
list of residential buildingcntahningtnonmorrenthan750
rhdwelling
dwelling units and together ontain3.
units; B3 garage --storage sheds; together with
ro
a) Community Center comp lehenonaacommunitylhalll,sa healthhop,
a dining room, lounge, kitchen, post office --village
club, 10 rooms for guests, a combined P ,swimming
ent office, a sales office pools
store, a managemand facilities for recreation;
and other space
b) A gatehouse;
c) A Garden Club building;
d) A sewage treatment plant and facilities;
e) Maintenance facilities; and
f) Related accessory residentseaturesaof theldevelopmentthincluding
Lion and enjoyment of ool$, walking and bicycle paths,
tennis courts, Swimming _p
gardens, outdoor cooking areas,
eas,rain
latform.elters, ball fields,
a golf course, and a look p
This development to be constructed
in to successivtime foreach stagesstawithon the
building permits issuing from
commencement thereof] this development is further shown on'
'the applicable overall development plan submitted with this
application; the description of the farm of organization ,
proposed for the ownership and maintenance -of common open
space and a description of the covenants and easements
proposed for the use of land and structure together with
a proposed development schedule are attached hereto. The
development will be known as Oak Harbour and will be organized
as one or more condominiums. The premises are situated within
the RD--2 zoning district and consist of the following parcels
as shown on the Yarmouth Assessor's Plans: Csee list attac4edl
2. Reason for the Board of Appeals action as checked below:
.l .
1.
2.
3.
2. Approval of Board of Appeals, or Special Permit requested under
the following section of Zoniing By -Law:
1. Section 18.07
2.
Names and addresses of abutting property owners, and those persons deemed
affected by this application. (At least three.) see list attached
Signed
Respectfully submitted,
Petitioner
Assented to:
Owner
Owner
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CALCULATION TO DETERMINE MAXI"qW NtI 'RER OF UNTTS
The formula for calculating the maximum number of units which can be built in an
Open Space Village Development appears on Pg. 14 of the Yarmouth Zoning Bylaw, as follows:
"Requirements. An Open Space Village Development must conform to the following:
A. Number of Dwelling Units
(1) The maximum number of dwelling units (living quarters for a single-
family plus not more than 3 boarders or lodgers, with cooking,
living, sanitary and sleeping facilities independent of any other
unit, or ouarters for not none than four persons in a lodging house
or dormitory) allowed in an Open Space Village Development shall
equal the "Applicable Land Area" divided by the minimum lot area
requirements for a single-family dwelling in that district, multi-
plied by the following incentive factors; then rounded to the near-
est whole number -
Applicable Land Area
Less than 20 acres
20-5n acres
50-75 acres
75 lilus acres
Tncentive Factor
1.00 plus MIT
1.1 + .9 x HIT
1.2 + .8 x M/T
1.3 + .7 x M/T
Where "M" is the number of dwelling units proposed to be in
multi -family structures and "T" is the total number of dwelling
units proposed.
(2) "Applicable Land Area" shall be determined by a registered land sur-
veyor, and equals the total area�enconpassed by the Overall Develop-
ment Plan minus land designated on the plan for uses not primarily -
servicing residents of the development. Not more than 10 percent
of the Applicable Land Area shall be land subject to either inland
or coastal wetland regulations (Sec. 4n and 40A, Ch. 131,G.L.) or
land otherwise prohibited from development by local bylaw or regu-
lation."
The total land area of Oak Harbour, as surveyed by Edward E. Kelley, a Registered
Land Surveyor, is 193.67 acres. All of the land in this subject parcel is considered
as "Applicable Land Area" under the Open Space Village Development Bylaw. (Only 5.1
acres of land, or 2.67, of the Applicable Land Area, is subject to wetland regulations.
See E,I.R., Sec. VII, Yarmouth Conservation Commission - Pgs. 85-89)
The forr"ula is as follow s :
Total Area: 193.67 acres or 8,43A,455 snuare feet
Minimum Lot Area Renuirement:
?ncentive Factor• 20.not7 sQuare feet
• Applicable Land Area @ 75 plus acres = 1.3 + .7 x `f/T
M: Number of duelling units proposed to lie in multi -family structures
T: Total number of dwelling units
All proposed dwelling units will be in multi -family structures; therefore,
M/T ; n 7, or 1
100%
8,436.45.5 Sq.Ft.
421.8227 x (1.3 + .7)(1) = 421.8227 x 2 - 843.6
20,040 Sq.Ft.
Rounded to: 844 Units
Surimar.
The total number of dwelling units which can be built at Oak Harbour is 844 units.