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Home My WebLink About5240 1121 Route 28 B Waivers Requested 05.21.26Waivers | 1 Waivers to be Requested for 1121B Route 28 (Uncle Charlie’s Path), Yarmouth APPLICATION FOR A COMPREHENSIVE PERMIT MGL Chapter 40B, Sections 20-23 and 760 CMR 56.00 Applicant: Habitat for Humanity of Cape Cod, Inc. Site: 1121B Route 28 (Uncle Charlie’s Path), Yarmouth Assessors’ ID: 50-108.1 Project Name: Uncle Charlie’s Path Community Housing Date: 5/21/2026 WAIVERS REQUESTED: Habitat for Humanity of Cape Cod, Inc. requests the following waivers from local code requirements and regulations to promote the creation of affordable housing. Town of Yarmouth Zoning Bylaw Section 203.5 Dimensional Requirements The property is within the Business B2 Zone. The following waivers are requested with respect to lot size, setbacks, lot width, frontage, shape factor and site coverage: Lot 3 Dimensional Requirement Required Proposed Waiver Required? Variance Requested Minimum Lot Area 20,000 ft2 5,949 ft2 yes 14,051 ft2 Minimum Frontage 125 ft 84.34 ft yes 40.66 ft Minimum Lot Width 125 ft 77.83 ft yes 47.17 ft Minimum Setbacks - Front Yard +25 ft 7.9 ft yes *17.3 ft Minimum Setbacks - Side Yards +25 ft 20.9 ft yes *4.3 ft Minimum Setbacks - Rear Yard +n/a --- no --- Maximum Building Coverage 25% 13.4% no --- Maximum Shape Factor 22 16.30 no --- Lot 4 Dimensional Requirement Required Proposed Waiver Required? Variance Requested Minimum Lot Area 20,000 ft2 6,326 ft2 yes 13,674 ft2 Minimum Frontage 125 ft 51.01 ft yes 73.99 ft Minimum Lot Width 125 ft 51.11 ft yes 73.89 ft Minimum Setbacks - Front Yard 30 ft 25.7 ft yes *4.5 ft Waivers | 2 Minimum Setbacks - Side Yards 25 ft 13.1 ft yes *12.1 ft Minimum Setbacks - Rear Yard 20 ft 22.3 ft no --- Maximum Building Coverage 25% 17.3% no --- Maximum Shape Factor 22 17.06 no --- Lot 5 Dimensional Requirement Required Proposed Waiver Required? Variance Requested Minimum Lot Area 20,000 ft2 5,824 ft2 yes 14,176 ft2 Minimum Frontage 125 ft 62.13 ft yes 62.87 ft Minimum Lot Width 125 ft 61.06 ft yes 63.94 ft Minimum Setbacks - Front Yard 30 ft 16.1 ft yes *14.1 ft Minimum Setbacks - Side Yards 25 ft 15.9 ft yes *9.3 ft Minimum Setbacks - Rear Yard 20 ft 15.6 ft yes *3.6 ft Maximum Building Coverage 25% 23.0% no --- Maximum Shape Factor 22 18.36 no --- Lot 6 Dimensional Requirement Required Proposed Waiver Required? Variance Requested Minimum Lot Area 20,000 ft2 6,273 ft2 yes 13,727 ft2 Minimum Frontage 125 ft 108.62 ft yes 16.38 ft Minimum Lot Width 125 ft 89.21 ft yes 35.79 ft Minimum Setbacks - Front Yard 30 ft 12.3 ft yes *17.9 ft Minimum Setbacks - Side Yards 25 ft 16.7 ft yes *8.5 ft Minimum Setbacks - Rear Yard 20 ft n/a no --- Maximum Building Coverage 25% 18.2% no --- Maximum Shape Factor 22 24.26 yes 2.26 Lot 7 Dimensional Requirement Required Proposed Waiver Required? Variance Requested Minimum Lot Area 20,000 ft2 4,708 ft2 yes 15,292 ft2 Minimum Frontage 125 ft 39.83 ft yes 85.17 ft Minimum Lot Width 125 ft 34.25 ft yes 90.75 ft Minimum Setbacks - Front Yard 30 ft 16.9 ft yes *13.3 ft Minimum Setbacks - Side Yards 25 ft 8.4 ft yes *16.8 ft Minimum Setbacks - Rear Yard 20 ft n/a no --- Maximum Building Coverage 25% 16.9% no --- Maximum Shape Factor 22 19.97 no --- Waivers | 3 Lot 8 Dimensional Requirement Required Proposed Waiver Required? Variance Requested Minimum Lot Area 20,000 ft2 4,228 ft2 yes 15,772 ft2 Minimum Frontage 125 ft 128.24 ft no --- Minimum Lot Width 125 ft 41.37 ft yes 83.63 ft Minimum Setbacks - Front Yard +25 ft 14.4 ft yes *10.8 ft Minimum Setbacks - Side Yards +25 ft 5.4 ft yes *19.8 ft Minimum Setbacks - Rear Yard +n/a --- no --- Maximum Building Coverage 25% 18.9% no --- Maximum Shape Factor 22 15.09 no --- +Per Section 203.5(X): Corner lots are considered to have two front yard setbacks and two side yard setbacks. The front yard setback for corner lots may be reduced to 25 feet to accommodate parking in the rear or side of the building. *Building setback variance requests add an additional 0.2 feet to the proposed setbacks, to allow a margin for insubstantial changes during construction. Section 203.5.E Shed Dimensional Requirements Waive the requirements of this section. Sheds for Lots 3, 4, 5, 7 and 8 are within 6’ of side property lines. Sheds on Lots 4 and 5 and Lots 7 and 8 are within 12’ of each other. Sheds on Lots 6, 7 and 8 are within the front yard setback. No sheds are within 6’ of rear property lines or exterior property lines. Section 301.4.9 Parking Buffer Zones Waive the requirements of this section. Due to the density of the proposed development, the buffer zones described in this section would significantly limit the usable space and parking area for each lot. See Landscape Plan for proposed plantings and buffer areas. Section 303.4.1.6 Residential Construction Site Sign Waive the requirements of this section. Instead, Habitat for Humanity requests that Section 303.4.1.7 Commercial Construction Site Sign regulations be applied for any and all temporary construction signage identifying the Habitat build, donors, and other Habitat programs. Section 304 Stormwater Management Waive the requirements of this section. Stormwater management systems designed to meet Town stormwater regulations to the maximum extent feasible, given the site’s constraints. Total site disturbance is approximately 42,000 SF. Waivers | 4 Section 412 Affordable Housing Waive the requirements of this section. Habitat for Humanity will seek approval of a conventional MGL Ch. 40B approval through the Zoning Board instead of using this bylaw to pursue a Planning Board Special Permit. Town of Yarmouth Subdivision Rules and Regulations Section 4.2.1(i) Property Lines at Street Intersections Waive the requirements of this section. Property lines at the intersection of Wood Road and the proposed way are rounded with a radius of 20 feet. Section 4.2.2 Street Width Waive the requirements of this section, which requires Lanes to be 40 feet wide. Proposed way is 36 feet wide. Section 4.2.5 Typical Street Cross Section Waive the portion of this section requiring water utilities to be 6’ from the edge of the road layout. Proposed water main is 3’ from edge of road layout, so as to maintain 5’ separation distance from drainage structures. Section 4.2.6(b) Dead-end Streets Waive the requirements of this section, which requires a turn-around having an outside roadway diameter of at least 80 feet, and a property line diameter of at least 100 feet. Proposed turn-around has outside roadway diameter of 70 feet, and property line diameter of 86 feet. Section 4.3.1 Easement Size Waive the requirements of this section, which requires 20-foot-wide utility and drainage easements and 100% drainage reserve capacity. Proposed sewer and access easement is 15 feet wide, which is sufficient width to install and maintain sewer infrastructure. Drainage components are located within the proposed way. Section 4.4.4 Drainage Leaching Location Waive the portion of this section requiring leaching to be placed outside the road layout. Due to the density of the proposed affordable housing subdivision, leaching is proposed within the road layout. Section 5.1.6 Pavement Width Waive the requirements of this section, which requires 20-foot-wide Lanes, exclusive of berms. The proposed way is 18 feet wide, exclusive of berms. Waivers | 5 Section 5.4.2(a) Storm Drainage System - Piping Waive the provision that all drainage piping shall be concrete or corrugated aluminum. High- Density Polyethylene 12” ADS piping is proposed, which meets H-25 highway traffic loading with 12” minimum cover. Section 5.4.2(b) Storm Drainage System - Structures Waive the portion of this regulation that requires minimum of 5.5’ inside diameter drainage structures be utilized. 4.0’ inside diameter catch basins are proposed (Proposed leach pits have 6.0’ inside diameter and therefore meet the regulation). Also waive the portion of the provision which requires all drainage component chimney heights to be less than 2.0’. The proposed leaching facility will have chimney heights of approximately 5’, in order to have the required depth to receive stormwater flow from the adjacent catch basins at the roadway low point. All other portions of this provision have been met. Section 5.5.1 Monuments Waive the requirements of this section. Monuments to be installed at selected roadway and lot corners to provide sufficient boundary information for future surveyors to retrace the boundary lines. Proposed monument locations to be identified on definitive plan. Section 5.5.5 Planting Waive the requirements of this section. Due to density of the proposed affordable housing subdivision, there is not sufficient space for shade trees along the right-of-way. Proposed plantings, including trees are identified on the Landscape Plan. Town of Yarmouth Conservation Commission Stormwater Regulations Waive the requirements of this section. Stormwater management systems designed to meet Town stormwater regulations to the maximum extent feasible, given the site’s constraints. Total site disturbance is approximately 42,000 SF.