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Home My WebLink About1648H Mod 2 Planner & Staff Comments 010226 with Attach Page 1 of 3 T O W N O F Y A R M O U T H 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492 Telephone (508) 398-2231, Ext. 1276, Fax (508) 398-2365 MEMORANDUM To: Planning Board From: Kathy Williams, Town Planner Date: January 2, 2026 Subject: Planner Report and Staff Comments – 1648H Definitive Subdivision Plan Modification #2 for 63 Thacher Shore Road, Assessor Map 122, Parcel 24.1 A. Background & General Description: The applicants/owners, Brian and Marcy Basler, seek a second modification to Definitive Subdivision Plan #1648H which created a single lot in 2005 at 63 Thacher Shore Road, Yarmouth Port (Assessor Map 122, Parcel 24.1). This one lot subdivision was required due to the distance from Thacher Shore Road to the developable portion of the property. The Planning Board allowed waivers from their roadway standards to allow for a 12’ wide unpaved driveway with grassed drainage swales and buried utilities. The Board also placed three conditions on the subdivision including the road must remain unpaved (12” of gravel and 2” of ¾” blue stone); that the road will remain un-named and treated as a driveway with no town services or maintenance of the road being provided; and there must be a sprinkler system for any residential structure. Subsequently, in 2017 the Planning Board approved Definitive Subdivision #1648H – Modification #1, to extend the time-period for construction for an additional four years, allow for country style drainage swales with check dams, and relocate the proposed underground electrical service to come off Route 6A through an easement over property located at #138 Route 6A. Various Massachusetts Permit Extensions (in 2008 and during COVID) also extended the required completion date for this original 2005 subdivision to September 21, 2022. The applicant substantially completed the roadway and utilities within this timeframe. Upon completion of the roadway/utilities, the as-built drawings showed that the roadway was not constructed in full compliance with the approved Definitive Subdivision Plans resulting in this Modification #2 request. The modifications requested include: 1. Increase the maximum allowable roadway centerline grade requirement for minor streets and lanes outlined in Section 4.2.3 from 8.0% to 8.75%. Planning Division Page 2 of 3 Planning Board Staff Report – 1648H – Definitive Subdivision – Modification #2 January 2, 2026 2. Reduction of the minimum allowable cross slope outlined in Section 4.2.5 from ¼” to as low as 0% at certain sections. 3. The requirement for country style drainage consisting of grassed swales with check dams required under Definitive Subdivision 1648H 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. 4. 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. B. Staff Comments: The attached comments were received from various Town Departments regarding the requested subdivision modifications and are summarized below: 1. Brittany DiRienzo, Conservation Administrator: The original applicant received a Determination of Applicability along with submission of an Operation & Maintenance Plan for the drainage system (swales, check dams and culvert at the driveway entrance). At their December 4, 2025 meeting, the Conservation Commission voted to approve the revised plan eliminating the drainage swales and check dams. 2. Barry Lewis, Deputy Health Director: The new owners received approval for a subsurface septic system from the Health Department in 2023. 3. Kathy Williams, Town Planner: Several site visits were conducted including a recent one on December 20th (see attached photos). The surface of the roadway is holding up well and there are no signs of stormwater concentration or erosion, and no apparent stormwater discharge to adjoining properties. The installation of the swales and check dams do not appear to be warranted due to the permeability of the narrow driveway, and installation would disturb already vegetated areas. The Planning Department does not have any issues with the requested waivers. As an aside, there is a small tree that has fallen on the driveway which will need to be removed. 4. Laurie Ruszala, Water Superintendent: There were various discussions about ensuring the installed 2-inch line is adequate for a residential sprinkler system, the need to pull a water service permit, and adding the water meter pit to the as-built drawings. Please note that these are things that will need to be adequately addressed prior to requesting the release of the lot, but does not relate to the requested subdivision waivers. 5. Amanda Lima, Town Engineer: Awaiting written comments from the Town Engineer, however, previous conversations with Amanda Lima have indicated she does not have an issue with the elimination of the drainage swales. The applicants have also received a Certificate of Appropriateness from Old King’s Highway Historic District Committee in December 2023 for a new single family residence and attached barn. Page 3 of 3 Planning Board Staff Report – 1648H – Definitive Subdivision – Modification #2 January 2, 2026 C. Potential Motion for Planning Board Consideration: To approve Definitive Plan #1648H Modification #2 subject to following waivers and conditions: Waivers from the Rule & Regulations Governing the Subdivision of Land: 1. All waivers granted as shown on the Definitive Subdivision Plan of Land in Yarmouth Port, MA prepared for Brian Sullivan Realty Trust, dated May 5, 2017 and last revised October 3, 2025, with the following amendment: • Waiver #11 on the referenced plan shall reference “Definitive Subdivision 1648H Modification #1” instead of “Definitive Subdivision 1648 Modification #1”. Conditions: 1. All Conditions of Approval shown on the Definitive Subdivision Plan of Land in Yarmouth Port, MA prepared for Brian Sullivan Realty Trust, dated May 5, 2017 and last revised October 3, 2025, with the following amendment: • Condition #1 on the referenced plan shall reference “3/4 Inch Blue Stone”. The Definitive Subdivision Plan will be modified to include these amendments to the waivers and conditions. ATTACHMENTS: • Public Hearing Notice • Site Photos – December 20, 2025 • Form E-1 – Application for Approval of a Modification of a Subdivision Plan • November 6, 2025 Letter from Dan Ojala, Down Cape Engineering • Plans: o Definitive Subdivision Plan of Land, dated and stamped October 3, 2025 o Roadway As-Built Plan, dated October 15, 2024, last revised June 30, 2025 63 Thacher Shore Road – December 20, 2025 Driveway entrance, culvert, & meter pit 63 Thacher Shore Road – December 20, 2025 Typic al driveway sections 63 Thacher Shore Road – December 20, 2025 Turn Around At Top of Hill