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Home My WebLink About1614H Mod 2 - Def Subdivision Submission16 L16 A PLANNING BOARD Z TOWN OF YARMOUTH, MASSACHUSETTS APPLICATION FOR APPROVAL OF AMENDMENT, MODIFICATION OR RESCISSION OF A SUBDIVISION PLAN FORM E-1 Date: 7/2/2025 To the Yarmouth Planning Board: The undersigned, being the applicant, as defined under M.G.L., ch. 41, § 81-L, for approval of an AMENDMENT, MODIFICATION OR RESCISSION of a subdivision shown on a plan entitled: Roadway As -Built Plan dated 6-30-2025, reference approved Definitive Subdivision Plan of Land dated 6/21/2017 recorded in the Barnstable Registry of Deeds Plan Book 672 Page 82. by Down Cape Engineering, Inc. and described as follows: Located 63 Thacher Shore Road, Yarmouthport number of lots 1 , total acreage of tract 1.86 , hereby submits said plan as an AMENDMENT, MODIFICATION OR RESCISSION plan in accordance with the Rules and Regulations of the Yarmouth Planning Board and makes application to the Board for approval of said plan. The undersigned's title to said land is derived from Oh 3-v�,Z7 Pe-t eI by deed dated 12/22/2017 , and recorded in the Barnstable District Registry of Deeds Book 30983 , Page 267 , registered in the Barnstable Registry District of the Land Court, Certificate of Title No. ; and said land is free of encumbrances except for the following: Land Covenant recorded in Deed Book 30761 Page 192 The undersigned hereby applies for the approval of said AMENDMENT, MODIFICATION OR RESCISSION of a subdivision plan by the Board, in belief that the plan conforms to the Board's Rules and Regulations. Received by the Town Clerk: Date Time Signature Received by the Board of Health Date Time Signature Applicant's signature 46 Minnetuxet Way, Yarmouthport, MA 02675 Applicant's address Applicant's phone # 508-367-1759 Owner's signature and address if not the applicant or applicant's authorization if not the owner 45 939 main street rte 6a yarmouth port mass 02675 land court surveys structural design site planning sewage system designs inspections permits down cape engineering, inc civil engineers & land surveyors October 24, 2025 Town of Yarmouth Planning Board Kathleen Williams, P.E., Town Planner Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 RE: Minor Modification Request #2 Definitive Subdivision Plan No. 1648H — 63 Thacher Shore (PB 672 PG 82) Dear Board Members: tel. (508) 362-4541 Daniel A. Ojala, P.E., P.L.S. Arne H. Ojala, P.E., P.L.S. Daniel E. Gonsalves, P.E., S.E. Craig I Ferrari, E.I.T., S.E. Phellyp T. Tonial, E.I.T., S.E. On behalf of our client, we respectfully submit this formal request for a minor modification to the approved Definitive Subdivision Plan No. 1648H. Specifically, we are seeking relief from the following requirements of the Town of Yarmouth Rules and Regulations Governing the Subdivision of Land: - Section 4.2.3: Request to allow a centerline roadway grade of 8.75%, which exceeds the 8.0% maximum allowed for minor streets and lanes. - Section(s) 4.4 & 5.4.2: Request to modify shoulder drainage requirements due to the pervious nature of the existing gravel road surface. - Section 5.5.1: Request to allow the use of a drill hole set in rock in lieu of a concrete or granite monument. The existing maximum centerline grade is 8.75% which occurs between stations 4+00 and 4+50. This increase is higher than the 8.0% permitted maximum for minor streets and lanes. While this exceeds the standard maximum of 8.0%, the Planning Board may permit grades up to 12.0% in areas of unusual topographic conditions. Notably, prior to construction, the right-of-way in this area featured grades exceeding 12.0%. During and following construction of the gravel roadway surface, field observations confirmed minimal stormwater runoff due to the natural infiltration provided by the pervious gravel surface along with the small overall drainage areas. As such, the construction of grass swales is considered unnecessary. This conclusion was confirmed in consultation with the Town Engineering Department and Planning Staff during an on -site review. Regarding monumentation, two concrete bounds were proposed along the right-of-way property lines. One was installed per plan, and the second was replaced with a drill hole set in rock due to site constraints preventing access for proper concrete bound installation. The location of the displaced monument and its bearing and distance are shown on the as built roadway plan with an appropriate tie line. In addition, the 2-inch water line required for the residential fire sprinkler system has been installed as proposed, along with the gas sleeve. Electric and cable conduits are to be installed through the existing 10- foot-wide electric easement as shown on the approved Definitive Subdivision Plan. This letter serves to certify, to the best of my knowledge and professional judgment, that the work described above was performed in substantial compliance with the approved Definitive Subdivision Plan of Land. Furthermore, we respectfully request your review and approval of the above -described modifications from the Town of Yarmouth Rules and Regulations Governing the Subdivision of Land. Thank you for your attention and consideration. /s" oF,y` y\ 9, DANIELA.�y6s Very truly yours, 1 O I �. 01'.I1i- as No.46502 Daniel A. Ojala, PE, PLS, Down Cape Engineering, Inc. °�`��` c/ s T" \ S ONAL E�j/ NOTES: CO �•. r sus 00" s �QR� �� e 0 11.OS' 389s F n o 0 ' L o -,t WILLIAM BEARD �` NATHANSON FAMILY CBDH 5 a_ TRUST FND H ¢ DB 23344 PG 16 FND m n O O _o o O� o rn Z STEPHEN KLUG DB 25826 PG 201 CBDH FND I II i� 2_ 0._o' 00 L o co II �- I o W O O � 0 r\ � o -H ci w C EDWARD J. HAGENAH LO o DB 34837 PG 63 a o z CIO t- CBDH FND CBDH >1 FND O C\1 3 w 0 00 o - -- in ~ n , 0)a r-� LO 0) LO O U> WILLIAM N. MATHESON JR. DB 6800 PG 2 ROBERT J. CALDERONE DB 12059 PG 212 JAIME DONAHUE CAMPBELL DB 35857 PG 291 CBDH FND ti LO 00 co 00 d- u I CBDH Li FND CBDH S ET \3g 84 - 0 r: u� DH SET S58°04'08"E 2.65' OFF P.C. N 83 O0'40 " �i 151.00' NO DWELLING OR UNIT SHALL BE BUILT ON ANY LOT WITHOUT FIRST SECURING, FROM THE HEALTH DEPARTMENT, THE DISPOSAL WORKS CONSTRUCTION PERMIT REQUIRED FOR THE INSTILLATION OF A SUBSURFACE SEWAGE SYSTEM. THE CONSTRUCTION OF ALL WAYS AND THE INSTALLATION OF ALL MUNICIPAL SERVICES SHALL BE COMPLETED IN ACCORDANCE WITH THE APPLICABLE RULES AND REGULATIONS OF THE PLANNING BOARD WITHIN FOUR (4) YEARS FROM THE DATE OF DEFINITIVE PLAN APPROVAL FAILURE TO SO COMPLETE SHALL AUTOMATICALLY RESCIND APPROVAL OF THE PLAN. DEFINITIVE SUBDIVISION PLAN FORMALLY PREPARED FOR DAVID SWIFT. THE FOLLOWING WAIVERS WERE GRANTED: 1. THE REQUIREMENT FOR THE REQUIRED CURB RADIUS TO BE TANGENTIAL TO THE EXISTING ROADWAY, AS OUTLINED IN SECTION 4.2.1 (1); 2.REDUCTION OF THE MINIMUM RIGHT -OR -WAY WIDTH REQUIREMENT OUTLINED IN SECTION 4.2.2 FROM 40 FEET TO 20 FEET; 3.INCREASE OF THE MAXIMUM ALLOWABLE ROADWAY CENTERLINE GRADE REQUIREMENT FOR MINOR STREETS AND LANES OUTLINED IN SECTION 4.2.3 FROM 8.0% TO 8.75%, 4. THE REQUIREMENT TO SHOW PAVEMENT IN THE STREET PLAN CROSS SECTIONS, AS OUTLINED IN SECTION 4.2.5; 5. REDUCTION OF THE MINIMUM ALLOWABLE CROSS SLOPE OUTLINED IN SECTION 4.2.5 FROM 1 /4" TO AS LOW AS 0% AT CERTAIN SECTIONS; 6. THE REQUIREMENT FOR A CIRCULAR TURN -AROUND, AS OUTLINED IN SECTION 4.2.6 (B), IN FAVOR OF A 16 FOOT WIDE TEE TURN -AROUND, AS SHOWN ON THE APPROVED PLAN; 7. THE REQUIREMENT TO REMOVE UNSUITABLE MATERIAL (IF ANY) FOR 5 FEET ON EITHER SIDE OF THE WAY, AS OUTLINED IN SECTION 5.1.2; 8. THE REQUIREMENT FOR A BITUMINOUS CONCRETE ROAD SURFACE, AS OUTLINED IN SECTION 5.1.5; 9. REDUCTION OF THE MINIMUM ROAD SURFACE WIDTH OUTLINED IN SECTION 5.1.6 FROM 20 FEET TO 12 FEET; 10. THE REQUIREMENT FOR BITUMINOUS BERMS, AS OUTLINED IN SECTION 5.2; 11. THE REQUIREMENT FOR COUNTRY STYLE DRAINAGE CONSISTING OF GRASSED SWALES WITH CHECK DAMS REQUIRED UNDER DEFINITIVE SUBDIVISION 1648 MODIFICATION #1, AND AS OUTLINED IN SECTION 4.4 (DRAINAGE) AND SECTION 5.4.2 (STORM DRAINAGE SYSTEM), TO ALLOW FOR NATURAL VEGETATION ALONG THE SHOULDERS AS A RESULT OF THE PERVIOUS GRAVEL ROADWAY SURFACE; 12. THE REQUIREMENT FOR ELECTRIC POWER AND CABLE TO BE BURIED WITHIN THE LIMITS OF THE ROAD RIGHT-OF-WAY, AS OUTLINED IN SECTION 5.4.3 (UNDERGROUND WIRING), TO ALLOW FOR THE ELECTRIC AND CABLE SERVICE ONLY TO BE BURIED WITHIN AN EASEMENT OUTSIDE THE ROAD RIGHT-OF-WAY; AND 13. THE REQUIREMENT FOR GRANITE OR CONCRETE MONUMENTS TO BE INSTALLED AT CURVATURE OF STREETS OUTLINED IN SECTION 5.5.1, TO ALLOW FOR A DRILL HOLE TO BE SET IN ROCK FOR ONE MONUMENT. THE FOLLOWING CONDITIONS OF APPROVAL ARE IMPOSED: 1. THE ROAD SHALL FOREVER REMAIN UNPAVED AND SHALL BE CONSTRUCTED (AND MAINTAINED), AS SHOWN ON THE APPROVED PLAN, WITH 12 INCHES OF PROCESSED GRAVEL, MEETING THE FOUNDATION SPECIFICATIONS OF SECTION 5.1.4, WITH A TOP COURSE CONSISTING OF A 2 INCH THICK LAYER OF • • INCH BLUE STONE. 2. THE ROAD SHALL REMAIN UN -NAMED AND TREATED AS A DRIVEWAY. NO TOWN SERVICES FOR PAVING, MAINTENANCE, REPLACEMENT, REPAIR, OR SNOW PLOWING WILL BE PROVIDED, NOR SHALL THE TOWN PROVIDE ANY MAINTENANCE, REPLACEMENT, OR REPAIR OF THE DRAINAGE SYSTEM OR ANY BURIED UTILITIES. 3. THE DRAINAGE SYSTEM SHALL ADHERE TO ALL THE REQUIREMENTS OUTLINED IN THE DETERMINATION OF APPLICABILITY ISSUED BY THE YARMOUTH CONSERVATION COMMISSION, DATED MARCH 7, 2017. THE DRAINAGE SYSTEM SHALL BE OPERATED AND MAINTAINED IN ACCORDANCE WITH THE STORMWATER OPERATIONS AND MAINTENANCE PLAN FOR #63 THACHER SHORE ROAD, YARMOUTH PORT, PREPARED BY DOWN CAPE ENGINEERING AND LAST REVISED MARCH 2, 2017. 4. A SPRINKLER SYSTEM WILL BE REQUIRED FOR ANY RESIDENTIAL STRUCTURE. THE WATER LINE SHALL BE SIZED TO ACCOMMODATE THE RESIDENTIAL SPRINKLER SYSTEM. 5. COORDINATE LOCATION OF WATERMAIN AND THE METER PIT WITH THE WATER DEPARTMENT. THE WATERMAIN SHALL HAVE A MINIMUM OF 5' SEPARATION WITH OTHER UTILITIES. SHOW PROPOSED GAS MAIN ON ALL PLANS AND SECTIONS AND COORDINATE LOCATION OF ALL UTILITIES ON THE SUBDIVISION PLANS AND PROVIDE REVISED PLANS TO THE PLANNING DEPARTMENT FOR APPROVAL PRIOR TO START OF CONSTRUCTION. 6. APPROVAL IS CONDITIONED UPON ISSUANCE OF A WASTEWATER DISPOSAL WORKS CONSTRUCTION PERMIT FROM THE YARMOUTH HEALTH DEPARTMENT. 7. THE APPLICANT WILL COMPLETE THE SAID WAYS AND UTILITIES SO AS TO COMPLY WITH THE PROVISIONS OF THE RULES & REGULATIONS OF THE PLANNING BOARD WITHIN FOUR (4) YEARS OF APPROVAL OF' THE DEFINITIVE PLAN MODIFICATION. YARMOUTH CONSERVATION TRUST 04P-1625-EP1 S,5.30 ,52 E 27 62 LOT 7B AREA = 61 ,420t S.F. OR 1.41 f ACRES KARIN J. LOEWEN Z, DB 31986 PG 152 �' h W N rn Us g 0 ,,,iCBDH a I 1 N FND 31 15 94, 6p85, I 1 3 77° 13 23 , E `n o I JASON DANIEL BELL DB 35080 PG 300 I r0° I 0 1 VINCENT ZUCCALA g .•s'j �,Q� DB 29134 PAGE 223 I C5 Q I UP�V 00 "40 CBDH FND oto N ,j °N 00 �o CBDH z� � rFND 15'08, MHBFND S81 °35' 1p „E 20.34 S81 °3 7'22 "E R® UTE 6A 10 N LOCUS MAP SCALE 1 "=1000'f ASSESSORS MAP 122 PARCEL 24 LOCUS IS WITHIN FEMA FLOOD ZONE X AS SHOWN ON COMMUNITY PANEL #25001 C0559JDATED 7/16/2014 LAND AREA SUMMARY GROSS AREA OF SUBDIVISION 81,200 S.F. 1.86 AC. GROSS AREA OF ROAD 19,780 S.F. 0.45 AC. NET AREA OF LOT 76 61,420 S.F. 1.41 AC. THERE ARE NO WETLANDS WITHIN THE SUBDIVISION ZONING SUMMARY ZONING DISTRICT: R40 RESIDENTIAL MIN. LOT SIZE 40,000 S.F. MIN. LOT FRONTAGE 150' MIN. FRONT SETBACK 30 MIN. SIDE SETBACK 20 MIN. REAR SETBACK 20 MAX. LOT COVERAGE 25% OWNER OF RECORD BRIAN BASLER TRS 63 THACHER SHORE ROAD YARMOUTHPORT, MA 02675 REFERENCES PROBATE #37375 DEED BOOK 30761 PAGE 192 DEED BOOK 30983 PAGE 267 PLAN BOOK 433 PAGE 55 PLAN BOOK 601 PAGE 49 PLAN BOOK 672 PAGE 82 ! I, CLERK OF' THE TOWN OF YARMOUTH, HEREBY CERTIFY THAT NOTICE OF APPROVAL OF THIS PLAN BY THE YARMOUTH PLANNING BOARD HAS BEEN RECEIVED AND RECORDED AT THIS OFFICE AND NO NOTICE KENNITH MUDIE OF APPEAL WAS RECEIVED DURING THE DB 7737 PG 5 TWENTY DAYS NEXT AFTER SUCH RECEIPT AND RECORDING OF SAID NOTICE. PAUL GRIMBLE DB 26901 PG 144 DATE TOWN CLERK DATE OF APPLICATION - DEFINITIVE DATE OF APPROVAL - DEFINITIVE YARMOUTH PLANNING BOARD APPROVAL UNDER THE SUBDIVISION CONTROL LAW IS REQUIRED DATE: o BRIAN O'HEARN o DB 25199 PG 138 o FREDRICK A. DYKA DB 8346 PG 158 THIS PLAN IS SUBJECT TO A COVENANT AND AGREEMENT FILED WITH THE REGISTRY OF DEEDS. DEFINITIVE SUBDIVISION wm , I I i iiiiiiiiiiiiiiiiiiiiil A X mliffikILIff 0 YARMOUTH PORT. MA PREPARED FOR BRIAN SULLIVAN REALTY TRUST DATE: MAY 5, 2017 REV: JUNE 21, 2017 REV: OCTOBER 3, 2025 1 CERTIFY THAT THIS PLAN WAS MADE IN ACCORDANCE WITH REGISTRY OF DEEDS REGULATIONS EFFECTIVE JANUARY 1, Scala: 1 "= 40' 1976. AND AS AMENDED JANUARY 7, - -- 1988. OF 1,� ,:�n 80 100 FEET ZN off 508-362-4541 DANIEL yG,n fax 508-362-9880 o A. OJALA No.40980 s�o`'P� down cape engineering, .Inc. SUR� CIVIL ENGINEERS LAND SURVEYORS 939 main st. yarmouthport, ma 02675 DATE DANIEL A. OJALA, P.L.S. DCE #17-324/#05-003 FOR REGISTRY USE 17-324 BASLER DEFINITIVE NEW.dwq I mmmi zU 15 1n 12.5' TRAVELED WAY ! i i 'FU 36 32 28 24 E—' 20 a� 16 12 8 4 DATUM E.LE'V 0.00 AS BUILT CENTERLINE M GRADES 4U 35 -4n I CABLE/ELECTRIC FROM �o !� ` -; ® ®: ��. "��,��®.e-� AS BUILT --... _ sr ®` E: 997072.36 AS BUILT E: 997108.01 coX ROAD o/ 12 WIDE �r / pp,CB / oa GRAVEL �C�B>, � /3 c FND, CB SURFACE CB �- •° '� „ w� 14 16 18 20 FND 486.86' 22 _ 24 FND 26 28 30 32 FND //�/ 3411 \ ®/ —® ----- W �' // EXISTING w FENCE I I i � i I I I 1 � I I I i I -1. J I � 1% I i j !i i G � W I ! I I PRE -CONSTRUCTION RIGHT SIDELINE (DASHED) 4. G PRE -CONSTRUCTION I L -- FT SIDELINE - (DOTS) v CENTER 4 Lill R AS BUILT SURVEY ( HEAVY B CK LINE ) , I I I I ) f� 3• s ° a�. i i I I I 1 o° Z. i I °jO 3• 0.92% 1.07% G/ �/ I I I j G G / G GRS X• S' �IN // w W - — --- -- 5 ---- - — - F� gpPOX — _ - i • 1.43% 1o7O G i / ! I i I i ' i i i O I -12"0 w CULVERT I w I I I I i i i j I I I i I I i I I I I �r M N r2 CO �? 0') O N r 00 O O N Cn O N - tO - Q- N N O N N i� N N 00 PO N d ui N tO � N tO O N N .- t7 tO CV M r- M r7 d M r- r7 0) M tO 00 N M 0) O O O M � DIGSAFE (811) AND VERIFYING THE LOCATION OF ALL UNDERGROUND & OVERHEAD UTILITIES PRIOR TO COMMENCEMENT OF WORK. in 0q 36 co CABLE/ELECTRIC FROM CBDH RT 6A SEE DEFINITIVE FND 15.94 zv PLAN FOR EASEMENT 151.60' 2926 S.F. ELECTRIC c� \ 55.18, AND CABLE EASEMENT 32 S52°42'47"W 30.29 —_`S0 — )07"W 4 58.38' ®` � b'3 a � s sr. . e _8 i90,�=, CBDH 28 EXISTINGo \1p FND \ - 82.62' CBDH 0 \ 36 10 - E FND EASEMENT �11ELECTRIC °02'j�.,E _ _ L�o `- _ 150.00 "= - NO3'04'37"E Scaie:1 40' 24OEM 0 20 40 60 80 100 FEET 20 154.84' 16 WAIVERS REU`UESTED: - SECTION 4.2.3: INCREASE OF THE MAXIMUM CENTERLINE GRADE (8.0% ON APPROVED PLAN DONE BY DOWN CAPE ENGINEERING INC. DATED 5/5/2017, 12 8.75% EXISTING) — SECTION(S) 4.4 & 5.4.2: REQUEST TO AMEND - SHOULDER DRAINAGE AS A RESULT OF PERVIOUS GRAVEL SURFACE (REVIEWED WITH TOWN ENGINEERING & PLANNING STAFF) — SECTION 5.5.1: DRILL HOLE SET IN ROCK IN LIEU OF 8 GRANITE/CONCRETE MONUMENT (DUE TO SITE CONSTRAINTS TO LOT LINE CORNER) 4 ROADWAY AS -BUILT PLAN OF 63 THAC.."O"HER SHORE ROAD YARMOUl"H PORT 2 MA PREPARED FOR 0+00 0+50 1 +00 1 +50 2+00 2+50 3+00 3+50 4+00 4+50 5+00 5+50 6+00 6+50 AS BUILT 05 O LO r- O 'd- 09 O O r- CD w CO _ 00 cV �- d- iO Ih W On CV tO C6 h o6 O O .- N N M 4 h O r N M eF d_ M N O Cn N N N N N N N N N N M M M r7 n I) tM N O O 0! M CO Iq On N 0 t0 OR Y �t O O � C (0 00 0) N r7 et c6 a® 0 O N N M d I\ O CV r7 4 4 ri N O 0; •- r N N N N N N • N N N ff) rn V) M n M PO M M N DATE OCTOBER 15, 2024 REV: JUNE 30, 2025 {TORN COMMENTS CB & DH SET) p, m"N` off 508-362-4541 fax 508-362-9880 dOwncape.com 0, KV ",. r r rW ti l 11 .......� �✓ t 1 .w a ti f 6 s do wo cep e to Ifteerlogs loc. qq �•...„ g e •® engineers ®®gpq ,i; .� F4 6'Kdk'Y civil 6�Bd 6 i �6B 6sr t+ti �., °e .. •1 r`... � ° r_, . :, �-/;rr%rd