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Home My WebLink About17-324 Basler Minor Mod Def Subdiv Filing 11-6-25DOWN CAPE ENGINEERING, INC. 939 Main Street Yarmouth Port, MA 02675 508-362-4541 DCE Job #17-324 Transmittal Date: November 6, 2025 To: Kathleen Williams, Town Planner Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 From: Priscilla Leclerc Subject: Minor Modification #2 Def Subdivision Plan No. 1648H Enclosed for Filing a Minor Modification 42 Def Subdivision Plan No. 1648H are the following: Minor Modification Request #2 Letter (3) Form E-1 Application (3) Abutters List from Assessing Department $350.00 Check for filing fee Definitive Subdivision Plan of Land in Yarmouth Port, MA, prepared for Brian Sullivan Realty Trust, revised October 3, 2025; 1 mylar and 15 paper plans. Please feel free to contact us if you have any questions. DOWN CAPE ENGINEERING, INC. 939 Route 6A, Suite C Yarmouth Port, MA 02675 telephone: 508-3 62-4541 priscilla@downcape.com 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 J. 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.' of Mq� DANIELA. u, Very truly yours, OJALA %IViI_ v No.46502 Daniel A. Ojala, PE, PLS, Down Cape Engineering, Inc. ��`cG/ST V � 'ONAL E= PLANNING BOARD 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 �,�e . -, e, 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 Form E-1, Page 2 Check -list of items to be submitted with application: 1. ❑ Form E-1 application, in triplicate 2. ❑ Application fee of $400, 3. ❑ Original plan and digital file 4. ❑ 15 Copies of plan: 5. ❑ Abutters list W. 1221 33/ / / 122/ 17/ LOEWEN KARIN J TR OHEARN BRIAN M THE K & M REALTY TRUST OHEARN TRISHA LEE 585 OLD JAIL LN 31 FLINTLOCK WAY BARNSTABLE , MA 02630 YARMOUTH PORT, MA 02675 122/ 341 / / 122/ 16/ ZUCCALA VINCENT J DYKA FREDERICK A JR ZUCCALA TARYN R OCONNOR THOMAS 1130 UNION ST 37 FLINTLOCK WAY MANCHESTER, NH 03104 YARMOUTH PORT, MA 02675 121/ 66/ / / 122/ 28/ CZAJKOWSKI MARY A MATHESON WILLIAM N JR 54 THACHER SHORE RD C/O MATHESON JANICE D YARMOUTH PORT, MA 02675 28 GINGERBREAD LN YARMOUTH PORT, MA 02675 122/ 3/ / / 122/ 27/ TOWN OF YARMOUTH HAGENAH EDWARD J 1146 ROUTE 28 HAGENAH THERESA M SOUTH YARMOUTH, MA 02664-4463 34 GINGERBREAD LN YARMOUTH PORT, MA 02675 122/ 36/ / / 122/ 25/ BELL JASON DANIEL NATHANSON JULIE TR AHERN SARAH ELIZABETH NATHANSON FAMILY TRUST 152 ROUTE 6A 146 EDGARTOWN RD YARMOUTH PORT, MA 02675 VINEYARD HAVEN, MA 02568 122/ 24.1/ / / 122/ 26/ / / BASLER BRIAN TR KLUG STEPHEN L TR BASLER MARCY L TR KLUG MARY MARGARET TR 46 MINNETUXET WAY 46 GINGERBREAD LN YARMOUTH PORT, MA 02675 YARMOUTH PORT, MA 02675 122/ 30/ 18 GINGERBREAD DONAREAD L E JAIME Please use this signature to certify this list of properties 18 GINGERBREAD LN g � p p YARMOUTH PORT, MA 02675 directly abutting and across the street from the parcel located at: 63 Thacher Shore Rd., Yarmouth Port, MA 02675 Assessorspa 122, Lot 4.1 122/ Andy Ma ado, Director of Assessing CALDERONE NE ROBERT J FINEGOLD SUSAN V November 5, 2025 24 GINGERBREAD LANE YARMOUTH PORT, MA 02675 1221 19/ MUDIE KENNETH MUDIE DONNA M 21 FLINTLOCK WAY YARMOUTH PORT, MA 02675 122/ 18/ GRIMBLE PAUL S TRS GRIMBLE DEBORAH A TRS 25 FLINTLOCK WAY YARMOUTH PORT, MA 02675