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HomeMy WebLinkAbout5205 Exhibit 07 Decision 2268 03.28.1986EXHIBIT 7 1 34`?'98 IG53yt ' A N ,0 F F I C I A L ~� C 0 P Y N 0 T kk A N O F F I C I A L C O P Y m�rro W Qrr, Fr, Ja a, THE COMMONWEALTH OF MASSACHUSETTS N 0 T N 0 T A A&MUTH A N Tm.R I A L C 0 P Y C O P Y BOARD OF APPEALS N O T N O T 19 A N Date: A N April I6 86 O F F I C I A O F .F CI A L Certif;.a o aNariancx or S eri (General Laws Chapter 40A, Section 1) The Board of appeals of the City or Town of YAMUM hereby certifies that a Variance or Special Permit has been granted To The Green Ca Address 46 Glen Avenue City or Town Newton, Massacbusetts affecting the rights of the owner with respect to land or buildings at certificates of Title s 92243 {!L L n""" ..., `� -- - - - 34279E and 38776A And the said Board of Appeals further eertiftes that the decision attached hereto is a true and correct copy of its decision granting said variance — special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of Ap",11 also calls to the attention of the owner or applicaat that General Laws, Chapter 40A, Section 11(last paragraph) provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied. is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certifi of title. Th7for such recor- ding or registering shall be paid by the owner or applicant. Donald Henderson CWk .ry�79-� T c, FORM 1004 MOGRf lWARR[R INC. 49VINGO MM Appeal S 2268 N 0 T N 0 T A N A N The Green Company, I*c.F F I C I A L O F F I C I A L ' C 0 P Y C 0 P Y (I VJ!" N 0 T N O T I , Kathleen D. John4olV, Town Clerk, Town of Y%Aouth do nereb� certify that 20 dais' hAvE QaTpsAdLsince th07 f$1F'ngT wQt9 Ae Iof t' e above Board of Appea1aC#02t68y decision and thaC" P,3yice of appeal of said decision filed it has teen has been filed with ■e, dismissed or denied. or if such appeal has been ToUN OF YARMAITH p;)?k iD (it API'VALS Filed with Town Clerk O T Hcarino V Nte? l nuary 23. 19bC A N 14 A: N 2268 -�i Yin2$ P 3 retitic,n O F F I C I A L O F F I C I A L t Petitioner: The GeieeA dbr*any. 111c. C O P Y 0 Glen Pkm,pn.3-% Newton,*% t2159 N O T A N A N 0 F F I CPF-A-5-VOY O F F I C I A L The Green ComA �, Pln ., submitted its $eMiA to the Yarmouth Board of Appeals seeking modificatior, and supplementat:cn. in certain respects and subject to certain conditions, of the special permit and related variances which were granted by the Yarmouth Board of Appeals in its decisions of October 16, 1915, upon Petition No. 1321, filed by Oak Harbour Associates, the original petitioner, and which were extended by the Board of Appeals in its decision of April 13, 1994, upon Petition Nc. 2048, filed by Light douse Associates, a successor to the origi- nal petitioner. For convenience the -prior decisions are herein- after collectively referred to as the Prior Decision. The premises to which the Prior Decision and this decisior relate comprise land shown on Yarmouth Assessors' !laps, Sheet 120, lots R1, R2, R13, 8, E3, £4, £5, 9, RIO► E6, All, Al2, A13, AM A31► A32, A33, 34, 35, E7, EGA, E9A, E1O, Ell, E12, I, 22, 23, 24, 25, 26; Sheet 127, lots 731, Z3C, M16, M17, 215; Sheet 126, lobs P29,a R28, M 27, S26, T25, T24, T23, G22, G21, A20► A19, A:B; and consist of lands designated in the Barnstable Registry District of the land Court as L.C. Plan 35454A, Lots 2, 22. 23, 24, 25, 26; L.C. Plan 34279C, Lots 9-37, incl., and Oak Harbour Circle; L.C. Plan 35454A, Lot 68 and Oak Harbour Circle, L.C. Plan 38776A, Lots 1-13, Incl., and Oak. Harbour Circle: L.C. Plan 34279E, Lots 41, 42; Certificates of Title No. 77531 and No. 9:24.. Tne pctjt)on of 9`11c cleen Cvmi-any, Inc. war. duly iilc% V: �)���•a,Lc�pr 19b5. Notice Wos as 1tyu3rCd by l,1%, jr,cA%Jd:r.,; N O T N 0 T publication in The Reghst4r, a wcekly publiratkorNhavrng clrculat:or. :p 0 F F I _C I A L O F F I C I A L i ti Y tm0 trI, oil .t.anu�r� .P a�d l 6. 1986. 1'urCu<Ontp tY tic nat i cc a -public hearing was held by the Board of Appeals at the Yarmoutt N 0 T N O T Town Hall an the evenift itf Thursday, January A3N 1996. The board O F F I C I A L O F F I C I A L comprised Chairman DpntldpHpderson and a,embErb, ¢tifhard Nietz, V e. Singer. Judith Sullivan and Les Campbell. The Petitioner appeared through Mr. Alan J. Green and other representatives of his company, and counsel Edward J. Sweeney, Jr. In the course of the hearing several questions were posed to petitioner's representatives by members of the Board of Appeals. Several Yarmouth residents, including persons representing the existing condominium development at Oak Harbour, were heard and response was made by representatives of the petitior_e: and by members of this Board. The board's analysis, findings and conclusions are as follows: The Prior Decision granting a special permit for open space village development and related variances made all necessary find- ings with respect to the proposed project to comprise 750 dwelling units, a community center complex, a gate house, recreational facilities and open space, atnd associated maintenance, utility and service facilities; Tjhe Decision made allocations of particular lots to purposes of dwelling units, open space, sewage treatment facilities, and various other service facilities, and to the com- munity center complex of interconnected buildings. It provided, however, that: "particular locations of buildings shorn on the plan are not intended to fix absolutely the eventual siting or arrangement o: lay -out of buildings or structures;'. . . and cor.- svg�ently that thr board imposes "thc ecc,dition that all bu;l!:ir,9s ar evcutually 5rttd on thr variruF. lots A-U!", comply 4ith tl,( ��^ provisions of paragllaftMI-C lof Stction 18:0 Q�fTthv applicable A N A N '86 rh;?b2anF3'5l.wb El F*I 01(kilAcD P rt•tsicd til-11 1hC 4„AlfLm71kes: C 0 P Y C 0 P Y 'nQ findings or decision as to the particular lots or the orlAr in which particularNlAsTmay be selected andNdgdTcated by the A N A N Petitioner as Cth* Feq[uJJ&b bpian space OnfferFpirCgkIkn I4-F of C 0 P Y C 0 P Y the By Law. ` and that "This requitement is one of r.:any on-go.—..g provisions that will be applicable to the project as it progresses and with which the Developer will have to comply. . .` The Hoard has previously acknowledged the construction of the first condominium phase of 19 units and construction of a portion of Oak Harbour Circle as a substantial start on the project. but the Board recognizes that delays in further construction have occurred. The present petitioner intends to acquire the property and to proceed with the project. For that p::rpose, and in light of prevailing circumstances, market demand foc housing, including retirement housing, architectural desigr considerations, land use, golf course planning and conservation considerations, and financing requirements, the petitioner has had prepar_a, and has submitted to this Board, revised plans shoRang all additional phases of development, various housing types including those suitable for an aging Population, a' community center cluster, open space to meet esthetic and conservation requirements, -a golf course con- forming to the requirements of sound land use planning, and other related amenities and service facilities, including sewage dis- posal treatment Ln accordance with currentll available technology. :hesc Flans submitted by tho- petitionet show and provide IvI tilt folluW1110: (1) An' open spNaWgillagr development %phising not 86 MAR 28 P 3 :25 more than 750 AA IN CniltsA(6cludinq tKeF191d� INunits C O P Y C O P Y I. :.: .( � i-r'y hr-c•n cpn ., t clrl r,' Y . ,, " � _ .:. '.'--- N O T N O T complex, a gate houseA 4pd related utility, sehaige disposal, O F F I C A L O F F I C I A L recreational, access EYA other facili*iebaadpIpaturess all as contemplated by and provided for in the Prior Decision and in compliance with the provisions of Section 18:07 of the applicable zoning by-law; and (2) A revised Lite plan which shows developmental concepts and forms of fi ) a proposed golf course layout and other open space and recreational facilities, including open space having an area in excess of the amount provided zn t3 e Prior Decision and the requirements of the applicable zoning by-law: (ii) proposed clustering and area locations of dwelling units; (iii) maximua numbers of dwelling units on each parcel designated for dwelling unit purposes. subject to the further limitation of 750 dwelling units (less the 19 units already built) Which may be in the aggregate on all such lots, in several developmental phases; (iv) a revised lot layout Which involves combinations of lots and modifications of certain lot lines, but no modification of Oak Harbour Circle; (v) rea)locations of certain lots or portions of lots between housing, open space and service facilities uses; (vi) buildings containing not more than 24 dreliing units as required by the Prior Decia;ion, including one and two bedroom units, (vii) conceptual details of the proposed community center and the facilities thereof With reallocated floor areas for various uses and modified building configuration, but in the „aoi %_Paa4rt cam pl y i nn wit hTt lit t rqu) r cnn•nt s sf ' f f t h )II t !v• f i, r Decision, (ViiI) encNl O connecting walkway.twt•en buildings 86 MA: co:italn� ng dwcl9 i�igFu�i� Ii A 4,11NI for qc4 iFcr;-IR bo6569 and C O P Y C O P Y 'the ee,M!"unity centet complex; and iix! a *pr^ c)'^; r•,• •''^ ..^„ N O T N O T course not attaches] tR Vic community center. A N A ])sting Wde,fa an� the tab tat ors ukr�Attec' by the Op petitioner is attached hereto as Exhibit A, and these are incorporated into this decision as a part hereof and are collectively hereinafter referred to as Green's plans. i The Board of Appeals finds that the project as now proposed by the petitioner satisfies and complies with all of the requirements of Massachusetts General Laws, Chapter 40A, Sections 9 and 10, of applicable provisions of zoning by -lags of the Town of Yarmouth, and of the Prior Decision, warranting the relief herein granted. This is essentially a further step in the developmental planning, refinement and specification of the project pursuant to an in accordance with the provisions of the Prior Decision, which remains in full force and effect. The Board acts herein pursuant to the authority of the Prior Decision itself and the express grant of authority in M.G.L. Chapter 40A, Section 14, to ”. . .make orders or decisions, reverse or affirm in whole or in part, or modify any order or decision. ' The Prior Decision makes specific reference to Section 18.07 of the zoning by-law which was in effect when, the original decision was made, and which remains applicable for purposes of implementation of the Prior Decision. The Yarmouth zoning by-law has subsequent- ly been recodified and amended, and the Prior Decision establishes:. pursuant to provisions of K.G.L., Chapter 40A, Section b, a protec- tion of the project 89 pre-existing in any respects in which 3t ma% ix d(C,11K-c to be aon-ronformrna wit), the current iarmu-, i. t,r..r.. J law r) Ir. the Current by-law it is provideJ in Strt it -it 101 3.r. .prc-existing nNn10ct2tiorming structuirsNaOdTuscs m,'Y bc Ex- 7� AN AN '86 �11r AJ e�,3 Zfteredocpr phgnt-ii jR tse iwn sJ16otai rr&"" t Af'UP"' the' .., , ..; or 7ggl,.A ifCthrIT�rini of h-p-pP'.Zi. flgJ )�f.t......J.,. A .. alteration or changeAwAlTnot be subs tant1al1J)'gmiWre detrimental to A N A N the neighborhood 1th3nIt1& PxAsLing non-iraffifpr2iOg IuW 1: The Board C 0 P Y C 0 P Y hereby makes that finding and grants such special permit insofar as appropriate to effectuate the grants of relief hereinafter specified. Furthermore, to the extent that the project as now defined by the Green Plans requires in any specific respect a variance frotr the literal applicatron.of the by-law, the Board finds that the requirements therefor are met, and grants su:h variance as is implicit in the relief herein granted. The analysis of the special conditions applicable to this site which was made in the Prior Decision re- mains wholly pertinent. Tp deny the opportunity to make the pro- posed beneficial improvements in the project would certainly effect a substantial hardship on the petitioner, and would also constitute a detriment to the public good. No derogation: from the intent or purpose of the by-law is involved in the Board's granting this relief. In light of the foregoing the Board of Appeals hereby grants J . the relief sought b� the petitioner, subject to the conditions and limitation hereinafter set forth. In particular the Board hereby graAtS the following: 1. Approval of : A. The development concepts and forms of Green's Site Plar and modification of the special permit for construction of tn- project in accordance with Green's Plans, subject to further approval of final pl+1js by the Beard of A111-eals of each pries< R f of rVevcl opa�cnt as prel,cst'd by t I'� 1-•i It ione I . B. The revised 1RtNf+lan alit] the reallecik of use '06 KV 28 des' gnations of0lE sii CnVtiton in atOcA din;c.C• W1G6cn's C 0 P Y C O P Y Plans and data and proposals submitted by the petitioner. N 0 T N 0 T C. The proposed ppggn space as shorn or. CAv%n's plans and a O F F I C I A L O F F I C I A L golf course layout V &Vw� thereon. C 0 P Y D. Petitioner's proposed specifications of the maximum numbers of dwelling units on each lot specified for dwelling unit purposes, subject to the overall limitation of 750 dwelling units in the project in the aggregate, including the 19 ulA is already constructed, and subject to the further limitations that lx1 the aggregate number of bedrooms in the entire project shall not exceed 1500 less a number equal to the number of one -bedroom units which are included in the retirement housing constructed on the 12.66 acre parcel shown as Lot 62 on Green's Plans, and (ii) at least twenty-five percent (25%) of the dwelling units Constructed on said Lot 62-shall be one -bedroom units. For this purpose a bedroom shall be deemed to be a room designed, intended and customarily used for sleeping. E. Tile conryEction by enclosed walkways of buildings con - twining retirement housing to each other, and to the community center complex. ! F. The type of community center complex proposed by petitier,er, including modification of building configurations and arouno coverage, modification of the allocations c! space among the various functions, and separation of the golf course "pro shot' and golf cart storage to a separate location. 2. Insofar as the lovation and configuration of the communit} center complex, the sewage treatment and disposal facilities and other utility. recreational, service and accessory loci- `•_ . �• R l hies are governed by 1$r�vTsions of variances lin610ed in A N A N Decisice,Eknmilicatimn Land reissonge gfCsticiKvpriances C 0 P Y C 0 Y *,r�r.; arantr� sc es tc� nrprove and permit the ocations and 1Q�•ti .._r:r, r. . T configurations of all s �c foci 1 ities as shown �AONTeen a plans. These same plans 9 ay 1ferTea¢tir PbCL supFlemdhMdFwitt bPaAd IPf C 0 P Y C 0 P Y Appeals approval. 3. insofar as necessary or appropriate to effectuate the pro- visions of the preceding paragraphs I and 2, in light of the Prior Decision and the recodification and amendment of the zoning by-law between the time of the Prior Decision and this decision, such other special permits and variances are thereby granted. in addition to the sperific conditions and limitations set forth above, the Board of Appeals hereby expressly provides that, except as and to the extent he ein specifically and expressly modified, the Prior Decision is confirmed and shall remain in full force and effect. Pursuant to the Board's decision of April 13, 1984 upon Petition No.2048, the period of effective- ness of the Prior Decision has been extended to October 16, 199C, and it is hereby provided that this decision shall also remain effective and exercisable to that date. Nothing herein shall be A deemed to preclude an application for further extension of time, and it is expressly provided that the detailed specifications of phases of the project as development progresses shall be subject to the further review of this Board in accordance with the prior Decision as hereby modified and supplemented. The Board of Appeals acts unanimously in entering this decision. • ;: ,L d+.:,:::�and the relief hrreir- Qrantc' shall rur. with the land, and beNbOnding upon and enure W(:C hie benefit of and be exercisa�eFby jhp Rci4tLoner andO4SFs�c�sPoXSLand Y that it has been adviNeg Of the petitioner's WnVeition to acquire A N A N title to the pralniaeS inCttIe,PWe of it50sinbpigjtr , gr]gen Oak C O P Y C 0 P Y Harbor, Inc., and this decision is rendered to that corporation i as well ar- the petitioner. Merbers of the Board Voting: Donald Henderson, Leslie Campbell. juditl: Sullivan, Myer R. Singer, Richard yeitr. No permit issued until 20 days from date of filing decision with the TOUM Clerk. Myer R. 5incer LIVY 0 r_ i.Tl oak varbour Lot No. 5o 51 52 53 54 55 56 57 56 59 60 61 62 63 64 Road Area in Acres 2.20 4.12 2.56 6.34 2.40 10.12 I7.73 54.20 6.24 4.80 3.11 26.36 12.66 7.80 13.04 185.66 8.32 Total 195.00 " N O T Giean Mani - ftioR of Lot rtas and Uses .� IfM 28 L O F F I C I A O F F I C I A L C 0 ,P, -X C O P Mt zimuf Yoh.LAM, t.,.-,L,,,,, too. of Units' N 0 T N O T 0 FSJPv qe, LTreatmentOPa ,k I C n�V L Htfusit q Y C 0 P 19 (existing) Recreation. parking none Open Space. Golf Coutse none Open Space, Golf Course none Open Space, Golf Course none Housing 461 Open Space, Golf Course none Open Space. Golf Course none Open Space, Golf Coutse none Open Space. Golf Course none Housing, Community Center 235 Open Space, Golf Course none Housing, Community Center 200 ' Subject to overall limitation of 150 Units. AL. Aggregate open space (Lots 50, 53, 54, 55, 56, 56, 59, GO, 61, 63) equals 99.1 acres, or 51% of the tract. t • r��. _. r-1 N O T N O AK HARBOUR A N GREEN PLANS - C u,JTY BUILDING 3).43 F I C I A L O F F I C I A L C 0 P Y In arde[ to accoru.raciaLt tilt.r.L(d- of Pc i r sing res1fthtC: Vand p�DCabl°PX Jasc of ccess to community facilities , andcomprigarden cormnunity center 6WOX otif clubhouse club, but not s�aintenanAr garage -storage and sgwgF treatm-nt it isppFoPbsTeC t6 WWy the popf irgl4rtlifnp, °L Comrsuni ty structures, buildings and to realbDa]jtM -the use of space hIF below. The proposed buildings are not to emceeVr�0 as set forth stallowednb the aggregate floor area does not exceed that which is y the Extant Decision. flax. Floor Area ' use categories Clubhouse and Pro Shop 5,O04 sq.ft. Dining Roomisl, including lounge, kitchen, bar, quest toilets, coat 20r040 sq.ft. room, support services, etc. Resident services, including garden club, community hall, craft romans, support services, recreation and game rooms, health and medical facilities, offices (including administrativefran- agement, sales, develope sales,, general service facilities in- cluding post office, convenience store, bank, barber, beauty shop, travel agency, stock broker, computer and Copy center), coat room, museum- 20,000 sq.ft. art gallery, etc. • Notes: maximum gross floor area of 40,500 sq.ft- is limited to 34,600 sq.ft. for all specified uses excluding basement space, 1which may beAused for support services and storage), deck%, patios and porches.