HomeMy WebLinkAbout645 Rte 28 VCOD 2025-1 SPR TEAM Comment Sheet 010626 SIGNEDFormal Review
SITE PLAN REVIEW COMMENT SHEET
Date: January 6, 2026 Lot: 32 Parcel: 136 & 137
Location: 645 Route 28 & 14 Appleby Road, West Yarmouth Zone: VCOD VC1 & R25
Persons Present:
Mary Waygan John Lavelle REMOTE:
Kathy Williams Laurie Ruszala Dennis Kerkado
Lt Matt Bearse Barry Lewis Bob Boynton
Lt Michael Oliva Amanda Lima
Mark Grylls
Project Summary
The Applicant proposes to demolish the former restaurant building and construct a two-story mixed-use
building including 11 apartments and approximately 2,000 square feet of commercial space, and related
site improvements, utilizing Zoning Bylaw Section 414-Village Centers Overlay District (VCOD) VC1. The
parcel at 645 Route 28 is in the VCOD VC1 zoning district and the parcel at 14 Appleby Road is in the R25
zoning district. The properties are located within a floodplain.
Comments
I JI ,1 Building:
Vt.(/' Mixed Uses allowed in the VC1:
Max commercial tenant size meets standard of 414.5.1 (2)
Dwelling unit sizes meet standard of 414.5.2
Table 414.6.1 note A states where height is measured from, please clarify this standard is being met.
Number of dwelling units meets the standard of 414.6.3. Affordable units not identified.
Patio and building setbacks exceed the maximum allowed setback of 25' as required by 414.6.3 Table of Dimensional
Requirements unless MA DOT has taken place. Otherwise, ZBA variance required for location per 414.6.4.
Parking lot along Appleby Rd is in the 30' required setback. Relocate or seek Special Permit relief from the ZBA per
414.6.4. Alternatively you may combine the lots making the R25 lot part of a corner lot in the B2, at which point a 25'
setback is required.
Number of parking spaces do not appear to meet the requirements of 414. 7.1
Parking space dimensions meet the requirements of 414.7.8 and 521 CMR.
Updated architectural plans meet modulation standard of 414.8.3.
Plan notes indicate that canopy coverage will meet the 30% canopy coverage requirement of 414.8.9 (4) although it is not
clear.
Can not confirm if plan meets lighting requirements of section 414.8.10.
All sections of 414 shall be adhered to or relief is necessary from the ZBA.
Construction shall meet all standards of 780 CMR MSBC and appendant codes.
Community Development: The project received acquisition assistance from the Yarmouth Municipal Affordable Housing
/\I'{ Trust and is subject to a grant agreement which, amongst other things, requires the provision of four (4) permanently
restricted affordable apartments which qualify for the state's Subsidized Housing Inventory (SHI), and that the project
comply with the Town's Affordable Housing Standards and Architectural and Site Design Standards. Said agreement
further requires approval by the Trust of the Final Layout Plan and Architectural Plans. The agreement is attached here.
'{9-vJ Planning:
1. Provide calculations showing a minimum of 15% of the gross floor area is commercial to allow the 16 units/acre
density for mixed-use per Section 414.5.1.1 a.
2. Minimum two Affordable units required per lnclusionary Zoning Section 414.5.2.3, but see Community Development
comments above.
3. Setbacks per Section 414.6.3:
a. Front Yard: Requires a min 15'/max 25' front setback along Route 28 (and 25' from Appleby as a corner lot). The
MassDOT Route 28 Corridor Improvement project is proposing to take a triangular shaped strip of the lot along
the Route 28 frontage (about 11' on western end and 5' on the eastern end) which impacts these front setbacks.
Meeting the setbacks with the current property line will create a larger non-conformity once the takings are
completed. The current plans show the MassDOT taking having a much larger impact on the property than the
prelim inary plans (please eliminate this earlier hatched area on the plans to avoid confusion). Need to discuss
status further as not meeting the min/max setbacks is a Variance with the ZBA.
b. ADA compliance is allowed in the setback per Section 414.6.3.1, Note B.1, but some of the patio is shown within
the 25' Appleby Road setback. Either eliminate this section of the patio or seek variance relief.
c. Stairs can be within the yard setbacks if less than 30" in height per Section 414.6.3.1, Note B.3.
d. Rear Setback: Include information in Zoning Table rather than showing N/A (20' or height of building whichever is
greater).
4. Parking: Table 414.7.1 shows Eating Establishments Use H10 as 1 space/3 occupants, not 1 space/3 seats. Also,
mercantile Use H2 is a minimum of 1 space/700 sf. Please review the minimum required parking. Parking spaces to
be a minimum 25' from Appleby Road if combine the lots to create a corner lot and take into consideration provisions
of Section 201.8 -Lots in 2 Districts. Consider moving dumpster back to provide a min 10' separation to adjoining
VCOD properties to include two additional parking spaces.
5. Utilities/protuberances through or on the front of roofs are highly discouraged per Section 414.8. 7 .5.
6. Landscaping:
a. Plant Selection to meet Section 414.8.9.1, grass strips a minimum of 6' wide.
b. Provide calculations showing you are meeting the minimum 10% of landscaped open space in parking areas per
Section 414.8.9.4a and the minimum 30% canopy coverage per Section 414.8.9.4.c.
c. In addition to caliber, minimum heights for Shade/Canopy Trees, Ornamental/Flowering Trees, and Evergreen
trees for screening, shall meet the minimum height requirements of Section 414.8.9.6 and be noted on the Plant
Legend.
d. Existing 4" caliper trees or greater within buffers should be retained per Section 414.8.9.6.g.
7. Site lights in parking area not to exceed 15' and meet the maximum foot candles per Section 414.8.10. A photometric
plan will be required to ensure this requirement.
8. Consider relocating the infiltration chambers outside the planted parking lot island to avoid issues with Tree roots.
Conservation: Project requires a Notice of Intent filing with Conservation and meet the MA DEP stormwater standards.
Stockade fences within the flood zone require 6 inches of clearance beneath. Native plants must be utilized. Hydrangeas
and other non-invasive non-natives are ok to use in foundation landscape beds. Red maple is Acer rubrum.
Design Review: See attached December 11, 2025 Design Review Committee Comment Sheet.
Engineering:
I\, • Stormwater design is limited for a 10 year storm in the calculations. Model what would occur beyond a 10 year
/ JL-should be explained through 100 year and where water discharges to or is stored.
• High groundwater should be adjusted seasonally.
• An address change is recommended as two lots are being combined. Coordinate with DPW to facilitate
coordination through Police, Fire & Building.
• Sheet C6.0-suggest 2.5" binder on pavement detail.
~e: Direct access from outside to sprinkler room will need a lock box for Fire Dept. access. FDC located on the rear of
the building facing parking lot, will have horn/strobe and signage. I am requiring a second Horn/Strobe outside the building
/1 o~j front of the building facing Route 28. Fire Dept access per 527 CMR 1 chapter 18.
i ~ __ h: Is there a backup plan for septic if the new building is finished before town sewer is available for hook up? w· If so please provide septic plans. I would suggest perc test just in case. All rental permits and business permits
need to be pulled.
ater/Wastewater:
The existing water service will be abandoned as part of the Route 28 water main renewal.
Provide the Sewer Stub Location Form to the Wastewater Department at your earliest convenience.
Read & Received by Applicant(s)
Review is: D Conceptual l!I Formal
l!I Binding (404 MotelsNCOD/R.O.A.D. Project) D Non-binding (All other commercial projects)
Review is by: l!I Planning Board D Design Review Committee
DESIGN REVIEW COMMENT SHEET
Meeting Date: December 11, 2025 Map: 32 Lots: 136 & 137
Applicant: Bayridge Realty, LLC (Dennis Kerkado) Zone(s): VCOD VC1 & R25
Site Location: 645 Route 28 & 14 Appleby Road
Persons Present:
OCR Members Present Yarmouth Town Staff Present Guests
Sara Porter Kathv Williams John Lavelle, Baxter Nve
Peter Maloass Dennis Kerkado, Bavridae Realtv
Peter Slovak Bob Bovnton Colwell Grouo
Dick Martin
DRC Review for started at: 4:02 PM
DRC Review ended at: 4:38 PM
On a motion by Sara Porter, seconded by Peter Slovak, the Design Review Committee (DRC) voted (4-0)
to adjourn the December 11, 2025 DRC meeting at 4:38 PM.
Project Summary
General Description: The Applicant proposes to demolish the former restaurant building and construct a two-
story mixed-use building including 11 apartments and approximately 2,000 square feet of commercial space, and
related site improvements, utilizing Zoning Bylaw Section 414-Village Centers Overlay District (VCOD) VC1.
Summary of Presentation:
John Lavelle, Baxter Nye Engineering, gave an overview of the project to redevelop the former restaurant site,
located in a floodplain. The southern lot is located in the R25 zoning district and the lot along Route 28 is VCOD
VC1. The existing building will be razed and new building constructed with 11 dwelling units and 2,000 sf of
commercial. The site has been designed to accommodate the MassDOT takings along Route 28. Parking will be
located to the rear, with landscaping and enclosed dumpster. There will be a patio facing Route 28. The finished
floor will be elevated 2.5' about the base flood elevation. All drainage goes to the parking lot in the rear to a
sediment forebay, treatment and underground infiltration. New water and sewer services will off Appleby Road.
The total impervious coverage is less, and they have the minimum required parking spaces of 22. The landscaping
plan shows trees and shrubs. Building mounted lighting will be onion style lights and gooseneck lighting. Site lights
will be decorative lighting. A small retaining wall along the west side will be New England field stone veneer with
a capstone on top with railing. This will meet handicap requirements to access the commercial spaces.
Bob Boynton, Colwell Group, gave an overview of the floor plans with 2 commercial spaces and 5 units on the first
floor, with one being MB accessible, and 6 units on the 2nd floor. He noted the handicap and building access
points, square footage of the various units, and balconies. Roofing will be gray shingle, with cedar shingle and
clapboard siding. Mr. Boynton reviewed the trim, doors and windows, and signage.
1ARMOUTH TOWN CLERK RE
DEC 12'25RM9:26 Page 1 of4
DRC Questions & Discussions :
Sara Porter noted she thinks it is fine just the way it is and she likes it.
Peter Malpass asked about the amount of attic space in the building and whether the dormers are fake. Bob
Boynton indicated they are fake dormers, with no attic storage. Mr. Malpass asked about the 22 parking spaces
being enough with the commercial. John Lavelle noted they are meeting the minimum required. Mr. Malpass
wants the commercial spaces to be successful and inquired if more parking can be provided. Mr. Lavelle felt one
additional space could be added easily . Mr. Malpass likes the design and curves in the parking area. John Lavelle
indicated he had coordinated with the fire department for fire truck access, and the building will be sprinklered.
Peter Slovak asked about the railing materials on the balconies, which will be PVC . Mr. Slovak liked the design
and layout, but more parking would be better especially with the possible restaurant seating . He asked about
irrigation, which has been included .
Dick Martin asked if these are rental units, with Dennis Kerkado indicating they are all rentals and 4 will be
Affordable. Mr. Martin thinks it is a wonderful proposal and likes it. He thinks the rear elevation is okay as the
other sides are so nice. Mr. Martin asked if they had spoken with the abutters. John Lavelle noted that Dennis
Kerkado has spoken with the abutter to the south as their fence is encroaching onto his property. Mr. Kerkado
wants to install the fence closer to the property line (3' into his property). Mr. Martin asked about the in-lot trees
needed in the parking lot. Kathy Williams noted the VCOD zoning looks at canopy coverage. Mr. Martin felt the
landscaping species are all good and it's a wonderful proposal.
Review Comments In Relation To The Design Standards
SITING STRATEGIES:
Sect. 1, Streetscape D NIA l&I Meets Standards, or D Discrepancies:
Building Is designed to front along Route 28 and Appleby Road, with a street oriented entrance and retail
courtyard along Route 28.
Sect. 2, Tenant Spaces l&I NIA D Meets Standards, or D Discrepancies:
Building is not large enough to warrant the need for smaller tenant spaces.
Sect. 3, Define Street Edge D NIA l!l Meets Standards, or D Discrepancies:
In addition to orienting the building to front along the streets, street trees further define the street edge.
Sect. 4, Shield Large Buildings l!l N/A D Meets Standards, or D Discrepancies:
Sect. 5, Design a 2nd Story D NIA l!l Meets Standards, or D Discrepancies :
Sect. 6 1 Use Topo to Screen New Development l!I NIA D Meets Standards, or o Discrepancies :
Sect. 7. Landscape Buffers/Screening D NIA l!I Meets Standards, or D Discrepancies :
Identify the trees to remain and be protected during construction. Ensure opaque screening adjacent to
residential properties.
Sect. 8, Parking Lot Visibility D NIA l!I Meets Standards, or D Discrepancies:
Sect. 9, Break up Large Parking Lots ON/A l!I Meets Standards, or D Discrepancies :
Sect. 10. Locate Utilities Underground D NIA l!I Meets Standards, or D Discrepancies :
Sect. 11, Shield Loading Areas l!I NIA D Meets Standards, or D Discrepancies:
lARMOUTH TOWN CLERK RE
DEC 12 '25 AA9:26
Page 2 of4
BUILDING STRATEGIES:
Sect. 1, Break Down Building Mass -Multiple Bldgs. l!I NIA D Meets Standards, or D Discrepancies:
Sect. 2, Break Down Building Mass -Sub-Masses D NIA l!I Meets Standards, or D Discrepancies:
Sect. 3, Vary Facade Lines D NIA D Meets Standards, or l!I Discrepancies:
Rear building fa~ade exceeds 50' without a minimum of 5' modulation. Revise to meet the standard or need
to seek relief.
Sect. 4, Vary Wall Heights D NIA l!I Meets Standards, or D Discrepancies :
Sect. 5, Vary Roof Lines D NIA l!I Meets Standards, or D Discrepancies:
Sect. 6 1 Bring Down Building Edges l!I N/A D Meets Standards, or D Discrepancies:
Sect. 7, Vary Building Mat'ls For Depth D NIA l!I Meets Standards, or D Discrepancies :
Sect. 8 1 Use Traditional & Nat'I. Building Mat'ls D NIA l!I Meets Standards, or D Discrepancies:
Sect. 9, Incorporate Pedestrian-scaled Features D NIA l!I Meets Standards, or D Discrepancies :
Front retail patio included.
Sect. 10, Incorporate Energy-efficient Design D NIA l!I Meets Standards, or D Discrepancies:
Next step for applicant: l!I Go to Site Plan Review o Return to Design Review for Formal Review
On a motion by Peter Malpass, seconded by Sara Porter, the Design Review Committee (DRC) voted (4-0)
to approve these DRC Comments as meeting minutes for the December 11, 2025 DRC meeting for the Mixed-
Use Development at 645 Route 28 & 14 Appleby Road.
Received by Appllcant(s)
ATTACHMENTS:
• December 11, 2025 Agenda
• Aerial
• Application:
o December 3, 2025 Cover Letter from Baxter Nye Engineering
o VCOD SPR Application
o Narrative
o Wastewater Design Flow Calculations
o Photos of Building Mounted Lighting, Site Lighting and Retaining Wall
o Architectural Plans: Prepared by Colwell Group, dated October 31, 2025
• Four Colored Renderings of Building Elevations
• A 1.1 -Proposed Ground Floor Plan
• A 1.2 -Proposed Second Floor Plan
• A2.0 -Building Elevations (North (Route 28) and South Elevations)
• A2.1 -Building Elevations (West (Appleby) and East Elevations)
RRMOUTH TOWN CLERK RE
DEC 12 '25 AM9:26
Page 3 of4
o Site Plans, prepared by Baxter Nye Engineering & Surveying, dated November 17, 2025
'ARMOUTH TOWN CLERK RE
DEC 12 '25 AMS:26
• C0.0 -Cover Plan
• C1.0-Existing Conditions Plan
• C2.0 -Legend and General Notes Plan
• C3.0 -Site Layout Plan
• C3.1 -Landscape Plan
• C3.2 -Sight Distance Plan
• C3.3 -Truck Turning Template Plan
• C4.0 -Grading, Drainage & Erosion Control Plan
• CS.0 -Utility Plan
• C6.0 & C6.1 -Details Plans
• C6.2 -Cultec 300 Rechargers Details Plan
Page 4 of4
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GRANT AGREEMENT
Between
TOWN OF YARMOUTH MUNICIPAL AFFORDABLE HOUSING TRUST
AND
BAYRIDGE REALTY LLC
for
ACQUISITION OF REAL PROPERTY FOR AFFORDABLE HOUSING CREATION
AT 645 ROUTE 28, WEST YARMOUTH, MA
AND 14 APPLEBY ROAD, WEST YARMOUTH, MA
This GRANT AGREEMENT made this 25 day of June, 2025 by and between the Town of
Yarmouth ("Town"), acting by and through the Yarmouth Affordable Housing Trust, established
pursuant to Chapter 44, Section SSC of the Massachusetts General Laws, and under Declaration
of Trust registered with the Barnstable County Registry District of Land Court as Document No.
1,218,410 and recorded with the Barnstable County Registry of Deeds in Book 27284, Page 206,
(hereinafter, the "Trust"), having its usual place of business at 1146 Route 28, South Yarmouth,
Massachusetts 02664, and Bayridge Realty LLC {"Bayridge"), a limited liability company with a
principal address of 76 Tupper Road, Unit 10, Sandwich, Massachusetts 02563 (hereinafter,
"Bayridge").
WITNESS ETH:
WHEREAS, the Trust invited the submission of proposals for grants of funds to create new
affordable rental dwelling units in Yarmouth, Massachusetts, which funds may be used for the
acquisition of real property for the creation of new affordable rental housing;
WHEREAS, in response thereto, Bayridge submitted a proposal for funding for the acquisition of
a portion of a certain property, located at 645 Route 28 and 14 Appleby Road in the Town of
Yarmouth (the "Property") for purposes of constructing a mixed used residential complex with
affordable housing thereon, which proposal was selected by the Trust for an award of funds;
WHEREAS, the Property is presently developed and planned for redevelopment, subject to
permitting, as discussed herein; and
WHEREAS, the purpose of the Grant Agreement is to ensure that the Funds are used for the
creation and preservation of affordable housing in Yarmouth for the benefit of low-and
moderate-income households and for the funding of community housing, in accordance with
the provisions of G.L. c. 44B and G.L. c. 44, §SSC.
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NOW THEREFORE, the COMMITTEE and the TRUST agree as follows:
The Trust hereby agrees to grant up to FOUR HUNDRED FIFTY THOUSAND dollars ($450,000) L
("Project Funds") to Bayridge for the acquisition of the Property for the purpose of constructing
no fewer than four (4) affordable units (the "Affordable Units") per the terms and minimum
requirements of the Request for Proposals for the Development of Affordable Rental Housing
issued by the Trust on January 8, 2025 (the "RFP", attached herein as Exhibit 1) and the
Response by Bayridge submitted on February 11, 2025, as amended, (the "Project", attached
herein as Exhibit 2) subject to the following conditions:
A. GENERAL CONDITIONS
1. The Project shall be built, in general, in accordance with the Preliminary Plans prepared
by Colwell Group of Foxborough, MA (Drawing Numbers Al.0, Al .1 and Al.2 dated
June 2, 2025, and A2.0 and A2.1 dated June 3, 2025) for Bayridge (attached herewith as
Exhibit 3).
2. Prior to seeking permits for the Project, Bayridge shall submit to the Trust for review
and written approval, a Final Layout Plan and Architectural Plans (the "Submitted
Plans") which shall show, at a minimum, all land, buildings, parking, driveways, access
ways, utilities, wastewater systems, planned landscaping and lawns, play areas, as well
as the buildings, parking, driveways and access ways on the abutting properties. Any
substantial change in the approved Plans must first be submitted to the Trust for further
review and written approval. A substantial change is defined here as the reduction or
increase in the number of residential or commercial units by one unit, the reduction or
increase in the total number of bedrooms by two, a reconfiguration of building layout, a
change in architectural styles, a reduction in the number of parking spaces of more than
two, placement of the parking in front of the building, an increase in the number of
buildings, an increase in the number of building stories, a significant reduction in
landscaping and fencing as determined by the Yarmouth Building Commissioners, or any
other change determined by the Yarmouth Building Commissioner in his sole discretion
as substantial. A substantial change may not be implemented by Bayridge without the
prior written approval of the Trust. In the event that substantially revised plans are not
approved, Bayridge may proceed with the Submitted Plans as approved by the Trust. In
the event Bayridge does not secure all required building permits with the Submitted
Plans within two (2) years of the date of this agreement, this Agreement shall terminate
upon a 30 day written notice of said termination of this Agreement to Bayridge by the
Trust pursuant to paragraph K herein, whereupon Bayridge shall refund all awarded
Project Funds to the Trust within one (1) year from receipt of notice of termination, and
this Agreement shall be of no further force and effect, provided, however, that this
clause shall survive termination.
3. The Trust, the Town of Yarmouth (the "Town"), and Bayridge mutually agree that
permitting through the Town of Yarmouth Zoning Bylaw Section 414. Village Centers
Overlay District (VCOD) is the preferred permitting procedure. No municipal fees shall
be waived. All Project land and buildings shall be subject to real estate taxes.
4. Bayridge shall comply with all applicable Massachusetts Executive Office of Housing and
Livable Communities (EOHLC) requirements and regulations such that all affordable
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units created by this Project shall be eligible for inclusion in the EOHLC Subsidized
Housing Inventory {SHI) for the Town.
5. Bayridge shall execute or obtain a perpetual affordable housing restriction or
restrictions on the Affordable Units meeting the statutory requirements of G.L. c.184,
G.L. c. 44, §SSC and G.L. c. 44B, §12, and running to the benefit of the Town of
Yarmouth. Bayridge shall execute only an EOHLC and Town approved Regulatory
Agreement under the Local Initiative Program {LIP) to ensure the affordable housing
restriction is perpetual. All of the affordable units in the Project shall remain affordable
in perpetuity. The requirements of this paragraph shall survive foreclosure, bankruptcy,
or sale or transfer to another owner. All Affordable Units shall serve low-and
moderate-income households earning less than 80% of the Area Median Income for
Barnstable County, as published by US HUD and adjusted for household size. All
Affordable Units must qualify for inclusion on the EOHLC Subsidized Housing Inventory.
The legal instrument restricting this affordability shall be approved by the Trust upon
review by Town Counsel.
6. To the maximum extent permitted by law and any applicable EOHLC guidelines, there
shall be a Yarmouth Local Preference for the initial lease of up to 70% of the affordable
units in the Project, along with, potentially, a preference for veteran applicants for at
least one affordable unit. Bayridge shall diligently cooperate with and assist the Town in
any effort to secure approval of the use of any such priority preferences identified by
the Town.
7. Bayridge shall contemporaneously provide to the Trust a copy of any and all local, state
and federal applications, and other Project-related reports and correspondence
submitted to public agencies.
8. Bayridge shall complete the Project in one single phase.
9. Bayridge shall bear all liability, cost and expense for legal fees, soft costs, and
development and construction costs associated with the Project.
10. All permitting for the Project must be completed within two (2) years of the date this
grant agreement, the project construction must commence within three (3) years of the
date of this grant agreement, and all construction of the Project must be completed
within five (5) years of the date of this grant agreement. The Trust may, for good cause
grant extensions of these deadlines, otherwise the Trust may proceed to terminate this
Agreement by a 30-day written notice to Bayridge pursuant to paragraph K herein.
B. BUILDING/SITE/PROPERTY MANAGEMENT REQUIREMENTS
1. The Project shall include two (2) units of commercial space and eleven (11) residential
units with no fewer than four (4) residential units being affordable.
2. No building shall be more than two stories, as determined by the Yarmouth Building
Commissioner.
3. The Project shall be designed to enhance the streetscape, include landscaped buffers
and pedestrian circulation with access to the any existing walkway at Route 28.
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4. The Project shall screen all ground mechanicals and electricals from view. Except for
solar panels, no mechanical or electrical components shall be placed on the roofs. Any
pipes or vents located on the roofs shall be screened or minimized from view.
5. The Project lighting plan should minimize light pollution while providing adequate
lighting for all parking areas and walkways.
6. The Project lottery plan shall be approved by the Trust and EOHLC.
C. REGULATORY REVIEW PROCESS
1. The Project shall be designed to substantially meet the Town's Architectural and Site
Design Standards, and Affordable Housing Standards.
2. Bayridge shall make every effort to respond to any comments from Town Departments
and any other local officials and boards in the development of the Project.
3. All wastewater treatment systems shall be reviewed and approved by the Health
Department or Board of Health and designed to be ready to connect to sewering once
installed along Route 28.
D. TRUST FUNDING DISBURSEMENTS
1. The Trust shall release FOUR HUNDRED AND FIFTY THOUSAND Dollars ($450,000) at the
Closing on Bayridge's purchase of the subject Property. Such grant is expressly
contingent on the execution and recording of a Performance Mortgage between the
Parties. All legal instruments restricting affordability shall be approved by the Trust
upon advice from Town Counsel.
2. All funds expended pursuant to this Grant Agreement shall be limited to the allowable
spending purposes as defined under M.G.L c.44B; and G.L. c. 44, §SSC.
3. A draft copy of the Performance Mortgage to be executed and recorded in favor of the
Town shall be substantially in the form attached herein as Exhibit 4.
E. CONTRACT DOCUMENTS
The Contract Documents consist of this Grant Agreement, the Request for Proposals for the
Development of Affordable Rental Housing issued by the Trust on January 8, 2025 (the "RFP")
and the response by Bayridge submitted on February 11, 2025, as amended, and all other
attachments hereto. The Contract Documents constitute the entire Agreement between the
parties concerning the Application, and all are as fully a part of this Agreement as if attached
hereto.
F. LIABILITY OF THE TOWN
The liability of the Town and the Trust hereunder shall be to make the payment specified herein
and the Town and the Trust shall be under no further obligation or liability. Nothing in this Grant
Agreement shall be construed to render the Town, the Trust or any elected or appointed board,
official or employee of the Town, or their successors in office, personally liable for any obligation
under this Grant Agreement.
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G. INDEPENDENT STATUS
Bayridge acknowledges and agrees that it is acting in a capacity independent of the Town or the
Trust.
H. INDEMNIFICATION
Bayridge shall indemnify, defend, and hold the Trust and the Town and its departments,
committees, officers, employees, and agents harmless from and against any and all claims,
demands, liabilities, actions, causes of actions, costs and expenses, including attorneys' fees,
arising out of, or directly from, Bayridge's performance of the work that is the subject of this
Grant Agreement or the Project, or the negligence or misconduct of Bayridge or its contractors,
agents, employees or volunteer.
I. RECORD KEEPING
Bayridge shall keep such records with respect to the utilization of the Funds as are kept in the
normal course of business and such additional records as may be required by the Town and the
Trust. Should Bayridge have multiple funding sources, Bayridge shall track specific expenditures
of the Funds separate from other funding sources. The Town and the Trust shall have full and
free access to such records and may examine and copy such records. Bayridge further agrees to
meet from time to time with the Trust or its designee(s), upon reasonable request, to discuss
expenditures of the Project Funds.
J. SUCCESSORS AND ASSIGNS
This Grant Agreement is binding upon the parties hereto, their successors, assigns, and legal
representatives. Bayridge shall not assign or otherwise transfer this Grant Agreement, in whole
or in part without the prior written consent of the Trust.
K. DEFAULT AND TERMINATION
This Grant Agreement shall terminate upon the issuance of a final certificate of occupancy for,
and rental to a qualified affordable renter of, the final Affordable Unit, along with the recording
of an affordable housing regulatory agreement thereon, in which case, the Performance
Mortgage attached hereto shall be discharged.
1. Additionally, in the event that Bayridge fails to obtain permits for and construct the
Project, or obtains permits with Final Layout Plan and Architectural Plans which have
not been approved by the Trust, as aforesaid or otherwise defaults on its obligations
under the terms of this Grant Agreement as determined by the Trust, the Trust shall
have the right, in its sole discretion, to terminate this Grant Agreement upon a 30 day
written notice of said termination to Bayridge pursuant to paragraph M herein,
whereupon, and without a modification of this Agreement by the Parties, Bayridge shall
refund all awarded Project Funds to the Trust, this Agreement shall be of no further
force and effect, and such funds shall be returned to the Affordable Housing Trust Fund
within one (1) year of receipt of notice of termination. The Trust's and Town's remedies
in the event of a default are also addressed in the attached Performance Mortgage.
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L. COMPLIANCE WITH LAWS
Bayridge shall comply with all Federal, State, and local laws, rules, regulations, and orders
applicable to the Work undertaken pursuant to this Grant Agreement. Bayridge or its designees
shall be responsible for obtaining any necessary licenses, permits, and approvals required for the
performance of such Work. Bayridge shall return any funds to the Trust if the Trust reasonably
determines that such funds were used for ineligible projects and/or expenditures.
M. NOTICE
Any and all notices, or other communications required or permitted under this Grant Agreement,
shall be in writing and shall be deemed to have been properly given or served by personal delivery
or sending same by overnight courier or by depositing same in the United States Mail, postpaid
and registered or certified, return receipt requested, and addressed to the addresses first set
forth above. All Notices shall be effective upon being personally delivered or upon being sent by
overnight courier or upon being deposited in the United States Mail as aforesaid. The time period
in which a response to such Notice must be given or any action taken with respect thereto (if
any), however, shall commence to run from the date of receipt if personally delivered or sent by
overnight courier or, if so deposited in the United States Mail, the earlier of seven (7) business
days following said date of receipt as disclosed on the return receipt. Rejection or other refusal
to accept or the inability to deliver because of changed address for which no Notice was given
shall be deemed to be receipt of the Notice sent. By giving at least thirty (30) days prior Notice
thereof, the Trust shall have the right from time to time and at any time during the term of this
Agreement to change their respective addresses and each shall have the right to specify as its
address any other address within the United States of America. Any Notice by the Trust to
Bayridge shall be given as aforesaid addressed to Bayridge at the address shown at the beginning
of this Agreement. Any notice by Bayridge to the Trust shall be given as aforesaid, addressed to
the Trust at the address shown at the beginning of this Agreement or such other address as the
Trust may advise Bayridge in writing.
N. SEVERABILITY
If any term or condition of this Grant Agreement or any application thereof shall to any extent
be held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality,
and enforceability of the remaining terms and conditions of this Grant Agreement shall not be
deemed affected thereby unless one or both parties would be substantially or materially
prejudiced.
0. GOVERNING LAW
This Grant Agreement shall be governed by, construed, and enforced in accordance with the laws
of the Commonwealth of Massachusetts and Bayridge submits to the jurisdiction of any of its
appropriate courts for the adjudication of disputes arising out of this Grant Agreement. This
Agreement may only be enforced in a Massachusetts Court of competent jurisdiction.
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P. EXECUTION
This Agreement may be executed in multiple counterparts and scanned or electronic signatures
shall be sufficient to bind the parties.
AUTHORIZED ON: June 17, 2025
BY: The Town of Yarmouth Municipal Affordable Housing Trust
("':Signed by: ~:l~l!~l,(V' 6/30/2025
Robert L. Whritenour, Jr. Chairman
Duly Authorized
BY: Bayridge Realty LLC
Dennis Kerkado
Authorized Signatory
6/30/2025
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Exhibits:
Exhibit 1: Request for Proposals for the Development of Affordable Rental Housing issued by
the Trust on January 8, 2025
Exhibit 2: RFP Response by Bayridge Realty LLC submitted on February 11, 2025, as amended
Exhibit 3: Preliminary Plans prepared by Colwell Group of Foxborough, MA (Drawing Numbers Al.0, Al.1
and Al.2 dated June 2, 2025, and A2.0 and A2.l dated June 3, 2025) for Bayridg
Exhibit 4: Performance Mortgage
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