HomeMy WebLinkAboutVCOD SPR 2025-1 - Planner Report 040926 with Attachments
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: April 9, 2026
Subject: VCOD SPR #2025-1 – 645 Main Street Redevelopment
645 Route 28 & 14 Appleby Road, West Yarmouth
Assessor Map 32, Parcels 136 & 137
Village Centers Overlay District (VCOD) VC1 & R25 Residential
A. General Description: The Owner, Bayridge Realty LLC (Dennis Kerkado), owns two adjoining parcels at
645 Route 28 and 14 Appleby Road in West Yarmouth totaling approximately 0.94 acres. The property at
645 Route 28 is located in the B2/VCOD VC1 zoning district and currently contains a vacant former
restaurant building, utilities, and parking area with access off Route 28. The rear property at 14 Appleby
Road contains additional parking and is located within the R25 Residential zoning district. The entire site
is in the floodplain (Base Flood Elevation 11).
The Applicant is proposing to redevelop the site utilizing Zoning Bylaw Section 414 - Village Centers
Overlay District (VCOD) VC1. The project includes razing the existing structure and replacing it with a
two-story sprinkled mixed-use building consisting of two commercial units facing Route 28 (1,021 square
feet (sf) & 985 sf with 414 sf patio), and 11 rental units (ten 1-bedroom & one 2-bedroom unit). The
commercial units are currently shown as a restaurant and retail. As a mixed-use project with a minimum
15% commercial (indoor and outdoor), the project qualifies for a density of 16 units/acre in the VCOD
VC1 parcel and 1 unit in the R25 Zoning District, allowing for the 11 units. Two Affordable units are
required by Zoning with four being provided per the Grant Agreement with the Yarmouth Affordable
Housing Trust. The building will be elevated to accommodate the floodplain.
The two-story building includes a mixture of horizontal clapboards and shingle siding in blue grays; with a
variety of roof configurations with architectural asphalt shingles; balconies and patios; stone veneer
retaining wall for the patio and handicap access ramp; and decorative building mounted lighting.
The building will be serviced off Appleby Road with Town water and sewer, buried electric/
communication utilities, gas, and an on-site stormwater system consisting of a sediment forebay for
treatment and underground infiltration. Access will be via a new curb cut off Appleby Road (eliminating
the access off Route 28) leading to a 24-space parking lot with 2 accessible spaces, decorative site lighting,
in-lot planting islands, and an enclosed dumpster. Parking includes the minimum 1 space/residential unit
and 13 spaces for commercial uses. Landscaping for buffers, in-lot trees and screening purposes have been
provided and will have irrigation. Accessible pedestrian access and bicycle racks/storage have also been
provided.
The project has been designed to accommodate the proposed takings from the MassDOT Route 28
Corridor Improvement project which is at about the 75% design phase. This results in relief being needed
from the Zoning Board of Appeals to exceed the 25’ maximum front yard setback requirement. The
Planning
Division
Planning Board
645 Route 28 – VCOD SPR #2025-1
April 9, 2026
Page 2 of 3
Planning Board has an article on the April 28, 2026 Annual Town Meeting Warrant to make this relief via
a Special Permit rather than a Variance to assist these types of projects.
B. Process-VCOD Site Plan Review: VCOD Design Standards per Section 414.8 and the Architectural &
Site Design Standards are mandatory for VCOD projects, or relief is needed. The Planning Board reviews
the project for compliance with these standards, however the VCOD SPR is not a Special Permit Decision
and does not grant any zoning relief or make any zoning determinations. Applicants have the right to
appeal the decision of the Planning Board to the Zoning Board of Appeals. Any zoning relief required
would be through the Zoning Board of Appeals (ZBA), as determined by the Building Commissioner.
The Planning Board final action on VCOD applications needs to occur within 50 calendar days of the
application submission. The application was received on December 3, 2025, along with two 45-calendar
day extensions to allow time for the applicant to make revisions based on comments from the Design
Review Committee and the Site Plan Review Team. The Planning Board has until April 21st to make a
decision unless another extension is executed. This item is on the April 15th Planning Board Agenda.
C. Comments from Other Committees:
1. Design Review Committee Comments: The applicant met with the Design Review Committee (DRC)
on December 11, 2025 (see attached Design Review Comment Sheet). The DRC reviews VCOD
projects for mandatory compliance as it relates to the Architectural and Site Design Standards and is
advisory to the Planning Board. There are no outstanding issues from the DRC comments as the
applicant has added an enclosed bicycle storage area in the rear to address building modulation. Two
additional parking spaces were added in response to comments from the DRC related to adequacy of
parking for commercial uses.
2. Site Plan Review Team Comments: The applicant met with the Site Plan Review Team on January 6,
2026 (see attached SPR Comment Sheet). Baxter Nye provided the attached April 8, 2026 letter
summarizing the changes made to the plans to address SPR comments. Items remaining to be
addressed:
• Photometric Plan: The location of the building and site improvements related to the property line
are off making it difficult to determine if the applicant is meeting the maximum 0.1 footcandles
requirement along the east, west and north property lines. Height of site lights above finished grade
(maximum of 15’) should be denoted on the revised Photometric Plan.
• Height of Plants at Planting: Section 414.8.9.6 specifies minimum heights for plants (trees and
shrubs) at the time of planting, which should be shown on the Plant Legend. The SPR comment
was not referring to the mature height of the plants which are shown on the plans.
• Patio: Should show plantings in the area west of the patio and north of the handicap ramp or jog
the retaining wall to verify no encroachment into the 25’ Appleby Road setback other than for the
handicap accessible ramp, or seek relief.
• Stormwater: Modifications were made to the Stormwater Management Plan based on SPR
comments from Engineering. The Engineering Department will also need to sign off on their
approval as part of the building permit process. No long-term stormwater operations and
maintenance plan was included in the submittal materials and needs to be provided.
• Fire Department: The Fire Department has confirmed the project has adequate access for
emergency vehicles.
Planning Board
645 Route 28 – VCOD SPR #2025-1
April 9, 2026
Page 3 of 3
D. Planner Comments: The following is suggested language for consideration by the Planning Board.
Motion to approve VCOD SPR #2025-1 for the 645 Main Street Redevelopment at 645 Route 28 and 14
Appleby Road for a mixed-use development with 11 dwelling units and 2 commercial spaces as
presented at the Planning Board meeting of April 15, 2026 and in accordance with the plans and
materials submitted, subject to the following conditions:
1. The two parcels shall be legally combined.
2. Provide four (4) affordable units in compliance with Zoning Bylaw Section 412 and the Grant
Agreement between the Yarmouth Municipal Affordable Housing Trust and Bayridge Realty LLC.
3. A Long-Term Stormwater Operations and Maintenance Plan shall be provided to the Engineering
Department and shall be implemented by the identified responsible party.
4. Plant Legend shall denote the minimum height above finished grade required for trees and shrubs
at the time of planting per Section 414.8.9.6.
5. As part of the Zoning Board of Appeals application, submit a revised Photometric Plan showing
footcandles at the property lines adhering to Section 414.8.10. All site lighting and building
mounted lighting shall be a decorative style and shall not cause glare. Site lighting shall not exceed
fifteen (15) feet in height above finished grade.
6. Any relief required shall be sought through the Zoning Board of Appeals.
ATTACHMENTS:
• December 3, 2025 Baxer Nye Engineering Letter from Matthew Eddy, PE
• VCOD SPR Application and Project Narrative
• Tree Canopy Area and Landscape Area Calculations, dated March 31, 2026
• Wastewater Calculations, dated November 8, 2025
• Design Review Comment Sheet, dated December 11, 2025
• Site Plan Review Comment Sheet, dated January 6, 2026 with attached Grant Agreement
• April 8, 2026 Letter from Matthew Eddy, PE, Baxter Nye Engineering
• Photos of Building Mounted Lighting, Site Lighting and Retaining Wall
• Four Colored Renderings of Building Elevations
• Architectural Plans: Architectural Plans: Prepared by Colwell Group
A1.1 – Proposed Ground Floor Plan, last revised January 30, 2026
A1.2 – Proposed Second Floor Plan, last revised January 30, 2026
A2.0 – Building Elevations (North (Route 28) and South), last revised December 23, 2025
A2.1 – Building Elevations (West (Appleby) and East), last revised December 23, 2025
• Site Plans, prepared by Baxter Nye Engineering & Surveying, dated November 17, 2025, and last
revised April 2, 2026, unless otherwise noted
C0.0 – Cover Plan
C1.0 – Existing Conditions Plan, date September 16, 2025
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
C5.0 – Utility Plan
C6.0 & C6.1 - Details Plans
C6.2 – Cultec 300 Rechargers Details Plan
• A0.1 – Site Photometric Plan, prepared by Colwell Group and last revised December 23, 2025
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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
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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Docusign Envelope ID: 888D85F0-AD23-4132-BC9D-200E13096EBD
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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Docusign Envelope ID : 888D85F0-AD23-4 132-BC9D-200E13096EBD
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.
5
Docusign Envelope ID: 8B8DB5F0-AD23-4132-BC9D-200E13096EBD
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.
6
Docusign Envelope ID: 8B8DB5F0-AD23-4132-BC9D-200E13096EBD
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
8
NORTH ELEVATION – ROUTE 28
WEST ELEVATION – APPLEBY ROAD
EAST ELEVATION
SOUTH ELEVATION
COMMERCIAL
BUSINESS
COMMERCIAL
BUSINESS
GROUND FLOOR
EL: 0'-0"
NORTH ELEVATION
SCALE: 3/16" = 1'-0"
SECOND FLOOR
EL: 10'-1-3/4"
PLATE HEIGHT
EL: 9'-1-1/8"
PLATE
EL: 19'-2-7/8"
ROOF (FROM GROUND FLOOR)
EL: 32'-5"
GUTTERS & DOWNSPOUTS
AS REQUIRED
30 YEAR ARCHITECTURAL
GRADE SHINGLES AS
SELECTED BY OWNER
8" CORNER BOARDS AS
SELECTED BY OWNER
COMPOSITE SIDING,
COLOR(S) AS SELECTED BY
OWNER
THIN STONE VENEER AS
SELECTED BY OWNER
CABLE RAILING AS SELECTED
BY OWNER
RESIDENCES
AT
645 MAIN
SOUTH ELEVATION
SCALE: 3/16" = 1'-0"
GROUND FLOOR
EL: 0'-0"
PLATE
EL: 19'-2-7/8"
ROOF (FROM GROUND FLOOR)
EL: 32'-5"
GUTTERS & DOWNSPOUTS
AS REQUIRED
30 YEAR ARCHITECTURAL
GRADE SHINGLES AS
SELECTED BY OWNER
8" CORNER BOARDS AS
SELECTED BY OWNER
COMPOSITE SIDING,
COLOR(S) AS SELECTED BY
OWNER
SECOND FLOOR
EL: 10'-1-3/4"
PLATE HEIGHT
EL: 9'-1-1/8"
BOARD SUBMISSION 10.31.2025
PLAN UPDATE - BIKE STORAGE 12.23.2025
3/16" = 1'-0"
DMCRWB
BUILDING ELEVATIONS
A2.0
DRAWING TITLE:
DRAWING NUMBER:
DRAWN BY:
PRO-ECT:
DRAWING SCALE:
CHECKED BY:
PRO-ECT NUMBER:
ISSUE:DATE:
25061
COMMERCIAL MIXED-USE
BAYBRIDGE REALTY LLC
645 RT 28
WEST YARMOUTH, MA 02673
STAMP:
1
3
2
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2
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3
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F
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B
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H
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2
0
3
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P.
5
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8
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2
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1
-
2
1
2
2
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0
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W
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WEST ELEVATION
SCALE: 3/16" = 1'-0"
GROUND FLOOR
EL: 0'-0"
SECOND FLOOR
EL: 10'-1-3/4"
PLATE HEIGHT
EL: 9'-1-1/8"
PLATE
EL: 19'-2-7/8"
ROOF (FROM GROUND FLOOR)
EL: 32'-5"
GUTTERS & DOWNSPOUTS
AS REQUIRED
30 YEAR ARCHITECTURAL
GRADE SHINGLES AS
SELECTED BY OWNER
COMPOSITE SIDING,
COLOR(S) AS SELECTED BY
OWNER
VINYL WINDOWS
EAST ELEVATION
SCALE: 3/16" = 1'-0"
GROUND FLOOR
EL: 0'-0"
SECOND FLOOR
EL: 10'-1-3/4"
PLATE HEIGHT
EL: 9'-1-1/8"
PLATE
EL: 19'-2-7/8"
ROOF (FROM GROUND FLOOR)
EL: 32'-5"
GUTTERS & DOWNSPOUTS
AS REQUIRED
30 YEAR ARCHITECTURAL
GRADE SHINGLES AS
SELECTED BY OWNER
8" CORNER BOARDS AS
SELECTED BY OWNER
COMPOSITE SIDING,
COLOR(S) AS SELECTED BY
OWNER
VINYL WINDOWS
BOARD SUBMISSION 10.31.2025
PLAN UPDATE - BIKE STORAGE 12.23.2025
3/16" = 1'-0"
DMCRWB
BUILDING ELEVATIONS
A2.1
DRAWING TITLE:
DRAWING NUMBER:
DRAWN BY:
PRO-ECT:
DRAWING SCALE:
CHECKED BY:
PRO-ECT NUMBER:
ISSUE:DATE:
25061
COMMERCIAL MIXED-USE
BAYBRIDGE REALTY LLC
645 RT 28
WEST YARMOUTH, MA 02673
STAMP:
1
3
2
C
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A
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S
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2
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3
,
F
O
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B
O
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O
U
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H
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M
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0
2
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3
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P.
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1
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PROPOSED GROUND FLOOR PLAN
SCALE: 3/32" = 1'-0"
1-101
KITCHEN
1-102
LIVING
1-103
BEDROOM
1-104
BATH
101
STAIR
2-201
KITCHEN
2-102
LIVING
2-103
BEDROOM
2-104
BATH
2-105
PATIO
102
STAIR
1-001
COMMERCIAL
SPACE
2-001
COMMERCIAL
SPACE
UP
4-101
KITCHEN
4-102
LIVING
4-103
BEDROOM
4-104
BATH
4-105
PATIO
5-101
KITCHEN
5-102
LIVING
5-103
BEDROOM
5-104
BATH
5-105
PATIO
MECH
W/D
3-101
KITCHEN
3-102
LIVING
3-103
BEDROOM
3-104
BATH
3-105
PATION
MA
I
L
B
O
X
E
S
1BD TYPE
2B UNIT
750 SF
1,021 SF
985 SF
1BD
UNIT
750 SF
1BD
UNIT
750 SF
1BD
UNIT
750 SF
1BD
UNIT
750 SF
UP
100
VESTIBULE
103
MAILROOM
104
SPRINKLER RM
106
CORIDOR
000
RETAIL
COURTYARD
000
APARTMANT
COURTYARD
DN
DN1-105
PATIO
W/D
W/D
W/DW/D
MECH
MECH
MECHMECH
115'-0"
25'-0"11'-10"13'-2"11'-10"13'-2"9'-2 3/4"30'-9 1/4"
6'
-
9
"
16
'
-
9
"
32
'
-
9
"
73
'
-
0
"
115'-0"
9'-0"31'-0"13'-2"11'-10"13'-2"11'-10"13'-2"11'-10"
6'
-
6
"
6'
-
0
"
33
'
-
6
"
31
'
-
6
"
71
'
-
0
"
30
'
-
1
1
1
/
4
"
29'-11 3/4"
32
'
-
5
3
/
4
"
29'-7"
6'
-
0
"
DN
DN
DN
DN
BIKE STORAGE16
'
-
0
"
7'
-
6
"
8'-0"
ASSEMBLY AREA = 305 SF
(UNCONCENTRATED TABLES & CHAIRS)
15 NET / SF
264 NET SF/15 NET = 18 OCCUPANTSKITCHEN PREP AREA = 306 SF
200 GROSS / SF
306 SF / 200 GROSS SF = 2 OCCUPANTS
ASSEMBLY AREA = 411 SF
(UNCONCENTRATED TABLES & CHAIRS)
15 NET / SF
171 NET SF/15 NET = 12 OCCUPANTS
BUSINESS USE = 939 SF
150 GROSS / SF
939 SF / 150 = 7 OCC
OR
MERCATILE USE = 939 SF
60 GROSS / SF
939 SF / 60 = 16 OCC
SHADED AREA REPRESENT
PROPOSED AFFORDABLE UNIT
BOARD SUBMISSION 10.31.2025
PLAN UPDATE - BIKE STORAGE 12.23.2025
PLANNING BOARD UPDATES 01.30.2026
3/16" = 1'-0"
DMCRWB
PROPOSED GROUND FLOOR
A1.1
DRAWING TITLE:
DRAWING NUMBER:
DRAWN BY:
PRO-ECT:
DRAWING SCALE:
CHECKED BY:
PRO-ECT NUMBER:
ISSUE:DATE:
25061
COMMERCIAL MIXED-USE
BAYBRIDGE REALTY LLC
645 RT 28
WEST YARMOUTH, MA 02673
STAMP:
1
3
2
C
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2
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3
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F
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B
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O
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H
,
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A
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2
0
3
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P.
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4
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1
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2
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PROPOSED SECOND FLOOR PLAN
SCALE: 3/32" = 1'-0"
6-101
KITCHEN
6-102
LIVING
6-103
BEDROOM
6-104
BATH
6-105
BALCONY
7-201
KITCHEN
7-102
LIVING
7-103
BEDROOM
7-104
BATH
7-105
BALCONY
9-101
KITCHEN
9-102
LIVING
9-103
BEDROOM
9-104
BATH
9-105
BALCONY
10-101
KITCHEN
10-102
LIVING
10-103
BEDROOM
10-104
BATH
10-105
BALCONY
8-101
KITCHEN
8-102
LIVING
8-103
BEDROOM
8-104
BATH
8-105
BALCONY
204
CORRIDOR
11-102
LIVING
11-101
KITCHEN
11-107
BALCONY
11-104
BEDROOM
11-103
BEDROOM
11-106
BATH
11-105
BATH
1BD
UNIT
750 SF
1BD
UNIT
750 SF
1BD
UNIT
750 SF
1BD
UNIT
750 SF
1BD
UNIT
750 SF
2BD UNIT
1,250 SF
DN
DN
201
STAIR
202
STAIR
203
UTILITIES
200
STORAGE
115'-0"
25'-0"11'-10"13'-2"11'-10"13'-2"11'-9 5/8"
16
'
-
9
"
56
'
-
3
"
73
'
-
0
"
115'-0"
9'-0"31'-0"13'-2"11'-10"13'-2"11'-10"13'-2"11'-10"
6'
-
3
"
33
'
-
6
"
20
'
-
6
"
71
'
-
3
"
11
'
-
0
"
5'-0"
11-108
BALCONY
MECH
W/D
MECH
W/D
MECH
W/D
W/D
MECH
W/D
MECH
W/D
MECH
7'-0"21'-2 3/8"
SHADED AREA REPRESENT
PROPOSED AFFORDABLE UNIT
BOARD SUBMISSION 10.31.2025
PLAN UPDATE - BIKE STORAGE 12.23.2025
PLANNING BOARD UPDATES 01.30.2026
3/16" = 1'-0"
DMCRWB
PROPOSED SECOND FLOOR
A1.2
DRAWING TITLE:
DRAWING NUMBER:
DRAWN BY:
PRO-ECT:
DRAWING SCALE:
CHECKED BY:
PRO-ECT NUMBER:
ISSUE:DATE:
25061
COMMERCIAL MIXED-USE
BAYBRIDGE REALTY LLC
645 RT 28
WEST YARMOUTH, MA 02673
STAMP:
1
3
2
C
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2
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3
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F
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B
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C
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