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HomeMy WebLinkAbout5240 1121 Route 28 B Summary of Reasoning from Attorney Marian Rose 06.18.26Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Marian S. Rose Myer R. Singer (1938-2020) Yarmouth Board of Appeals Summary of Reasoning in Support of the Comprehensive Permit RECEIVED JUN 18 2926 YARk4 4JTH BOARD OF APPEALS Tel: (508) 398-2221 Fax: (508) 398-1568 www. singer-law.com Applicant: Habitat for Humanity of Cam Cod Inc. Address: 112 1 -B Route 28, Yarmouth, MA Habitat for Humanity of Cape Cod, Inc. [the "Applicant"], is seeking a Comprehensive Permit from the Yarmouth Zoning Board of Appeals ["Board of Appeals"] under the provisions of M.G.L. Ch. 40B, Sections 20-23 ["Chapter 40B" and "Comprehensive Permit Law"] and the Local Initiative Program ("LIP") to develop a parcel of land purchased by the Applicant with Town support and known as 1121-B Rt. 28 [the "Property"]. The development, a/k/a, the Wood Road Community Housing Project, will consist of six (6) deed -restricted, detached one, two and three -bedroom, single-family homes for ownership rather than rental with sole access off Wood Road, rather than Rt. 28. The Property. The Property totals 43,563 sf of land as shown on Lot 2 of an Approval Not Required Plan recorded as Plan Book 702, page 27 in the Barnstable Registry of Deeds. The Property is located in the B-2 zoning district and the VCOD-4 overlay district. A new private way, Uncle Charlie's Path, will provide access to the new homes via Wood Road with access off Rt. 28 eliminated. The lot is undeveloped save existing parking on the Property serving an adjacent property, 1121 A Rt. 28 (dentist office). The Applicant will remove and relocate this parking to 112]A Rt. 28 per an agreement between the parties and a plan which has been reviewed by the Town which obligates Habitat to provide conforming parking serving 1121 A Rt. 28 on that site. The Proposed Development Site Plans: Site plans prepared by J.M. O'Reilly & Associates, Inc. show the proposed road and building layout, as well as areas for parking, drainage, stormwater, sewer connections, and landscaping. The lots range from 4,228 sf to 6,273sf with an average square footage of 5,551 sf. The Woods Road adjacent homes (Lots 3,7 and 8) are held at a nonconforming but effective 16.9' from Wood Road. Lots 4 and 5, adjacent to the only residentially- used adjacent parcel are either a conforming distance (Lot 4, 22' provided where 20' required) or nonconforming (Lot 5, 15.6' provided where 20 required). No home is less than 12.8' from an exterior property line (Lot 7 towards the 1121-A (dentist office)). Parking is off- street and conforming. Stormwater and drainage plans will be reviewed by Conservation and the Engineering Department to confirm consistency with the Stormwater bylaw. A stormwater management plan and stonnwater operation plan are part of this application. Landscaping. The bulk of landscaping provided addresses screening with neighbors outside the Property's borders but the Applicant will provide more modest landscaping on each parcel within the Property. Native, easy care and/or drought tolerant species, shrubs, and tree plantings will be provided at each home and in common areas. Owners will be consulted regarding the selection of the plantings around their homes. Architectural Plans: Preliminary building plans for the detached homes prepared by Catalyst Architecture/Interiors (Buildings 3,4,5, 7 and 8) and Schneeberger Collective (Building 6) show four different designs which are typical of Habitat homes (Buildings 3,4.5, 7 and 8) and one new design (Building 6), which was designed, at the encouragement of the Town Planner, to provide more visual interest from Rt. 28. The homes' front elevations will be clad with Hardi planks and the sides will be clad in cedar shingles. Lighting will be appropriate for single-family homes. Amenities: Each home has off-street parking, a full basement (as on -site conditions allow), outdoor areas including a porch, deck or both, and a shed on each lot. Some of the home designs (Lots 3 and 6) include unfinished attic area for storage as well. The Applicant intends to meet or exceed the standard LEED, Energy Star and Carbon Neutral home requirements, making the homes more affordable to live in going forward. The heat pump technology and all appliances will be energy -star rated. The homes will be sited for solar as conditions allow. Accessibility: Families are selected prior to framing, and floor plans can be modified to accommodate mobility constraints. Ramps can be installed as needed and the farmers' porches can be raised to floor level for ease of wheelchair access into the home. All floor plans offer first -level living except for mechanicals and laundry. The kitchen, Iiving and dining area offer a spacious open area and all thresholds throughout the home are flush. The exterior doors are 36" wide, bedroom and bathroom doors are 34" wide and hallways are 42" wide allowing for wheelchair access. Blocking for handrails and grab bars are standard in bathrooms and lever door handles and flat panel switches are installed throughout the homes. Departmental Review: Plans were reviewed by Town Staff in a Site Plan Review ("SPR")' on October 10, 2024. The original site and architectural plans considered in SPR were revised in response to department comments and those revisions are included in the plans submitted with this application. Changes include added architectural features to Buildings 4 and 5 where the sides of the building are oriented towards the cul-de-sac frontage. As part of feedback from SPR, the timing of the construction of the homes was delayed so that the homes can be connected to Town sewer upon completion. The plans have been revised to show a 15' sewer easement subsequent to SPR based on later Town department requests. The extent of the Applicant's responsiveness to SPR comments can be seen in the annotated SPR comment sheet which is part of the application. Project Units/Affordability: This community will be 100% Affordable. All six homes will be deed restricted, will remain affordable in perpetuity, and will be eligible for inclusion on the Subsidized Housing Inventory (SHI). All homes will be sold to low-income households earning at or below 80% of AMI with some targeted to incomes at or below 60% of AMI. The units will provide ownership opportunities according to the following breakdown: Single Family # of # of Gross Estimated Proposed Maximum Sales Homeownership Units Baths SF HOA Fee Price Type of Unit Based on 2025 income limits A. LIP Units One -bedroom - Cape 2 1 784 $60 $209,200 (60%) $252,750 (80%) Two -bedroom - Ranch 1 1 1,080 $60 $233,400 (60%) $285,500 (80%) Three -bedroom - Cane 3 1.5 1,298 $60 $262,600 (60%) $320,250 (80%) Total LIP Units 6 B. Market Units NIA Total Market Units 0 Total Units in Project 6 Final Sales price to be determined at the time of marketing and are subject to change. Income Guidelines. Marketing and Local Preference. The initial sale price of the homes will be determined in accordance with HUD income guidelines as published annually. Income limits will be adjusted for household size and will follow the price calculations approved by EOHLC. All marketing follows the Affirmative Fair Marketing Guidelines and qualified applicants will be entered into a Lottery. All marketing, applications and the Lottery Program will be approved in advance by EOHLC. The Town has requested a local preference for this project. This allows up to 70% of the homes to be awarded a local preference for qualified applicants living and working in the Town of Yarmouth, employed by the Town, or with children enrolled in Yarmouth public schools for the initial sales. The Town is requesting that one of these four local preference homes offer a preference to a Veteran or Veteran family. The granting of preferences is at the sole discretion of EOHLC and in no case will preferences exceed 70% of the project's total units Affordability in Yarmouth: The six homes proposed will serve an important, unmet housing need in Yarmouth. As of September 30, 2026, the Town of Yarmouth's subsidized housing inventory is 4.93% where 10% is the state goal. Both rental and homes for ownership are needed. But market forces are clearly shrinking the number of homes for ownership which qualify as affordable. The 2023 Yarmouth Housing Production Plan ("YHPP") notes that "the median price (of owner -occupied housing units) in Yarmouth more than doubled between 2000 and 2010, from $151,200 to $338,800, and then increased again to $354,600 by 2020. The 2020 census estimates also suggest that more than 70% of the town's owner -occupied units were valued between $200,000 and $500,000. The census figures also indicate that 8.1 % of units were still valued in the affordable range below $200,000, down from about 77% in 2000... Most of these units are also not deed -restricted." (YHPP, pp 27-28). The six units proposed are responsive to this need and will be deed -restricted affordable units of high quality. The Affordable Housing Trust, the Community Housing Committee and the Planning Board have submitted letters confirming their respective votes of support for the project as responsive to Town needs. The Affordable Housing Trust noted that the trust and the Applicant entered a grant agreement and that the Applicant has both been responsive to Trust comments and is in compliance with the grant agreement and that the "Trust fully supports this project." Letter dated 6,16,2026. The Community Housing Committee noted that the Applicant "made critical improvements to the proposal based on (CHC) comments" which included providing one -bedroom designs, a redesign of Lot 6's dwelling on Rt. 28, sheds, and enhanced landscaping. Letter to Board dated 6.10.2026. The Planning Board, in a letter dated June 18,2026, noted its support in part because the design "provides for much needed affordable home ownership in a traditional neighborhood setting, walkable to stores and recreational opportunities, and located on transit routes. The Comprehensive Permit Process. The Comprehensive Permit law was created in 1969 in order to encourage the development of quality housing in Massachusetts communities that is genuinely affordable for their residents. An applicant for a Comprehensive Permit must first obtain a Project Eligibility Letter from an approved Subsidizing Agency before filing with the Board of Appeals. The Applicant has received such Project Eligibility Letter. The Board of Appeals is appointed the decision -maker for all local permits that are required for a Comprehensive Permit development. Other Town boards and commissions are encouraged to informally review the proposed development in order to make recommendations and provide advice to the Board of Appeals. If there are any State permits required for a proposal (e.g., those required by the State Wetlands Protection Act or Title 5 of the State Environmental Code), these are still reviewed by the local Conservation Commission and Board of Health, respectively, acting under their State jurisdiction. In connection with the current application, there are no impacted wetlands and the redevelopment will be connected to the Town sewer in full compliance with all State health regulations, both in order to protect the environment; thus, no permits will be required from the Department of Environmental Protection. In accordance with the rules and regulations adopted by the Department of Housing and Community Development pursuant to Chapter 40B (760 CMR 56.00 et seg.), an applicant has to demonstrate three jurisdictional matters in order to support an application for a comprehensive permit. First, an applicant must be a public agency, a non-profit organization or a limited dividend organization. Second, the project must be fundable by a subsidizing agency under a low and moderate income housing subsidy program. Third, an applicant must control the site. In this instance, the Applicant is a non-profit organization in accordance with the first jurisdictional requirement. The Project Eligibility Letter dated March 18, 2026 establishes fundability, and the Applicant owns the Property which confirms site control requirement. Comprehensive Permit Substantive Review. In reviewing a request for a Comprehensive Permit, the legal standard set forth by the Comprehensive Permit Law requires that the Board of Appeals determines whether the proposed development is "consistent with local needs." Approval with conditions is allowed if such conditions do not render the development uneconomic. Arriving at what is consistent with local needs and what is economic involves a flexible balancing test and a series of compromises among several worthwhile and competing local rules, regulations and policies. This balancing test requires that the Board weigh and balance the need for affordable housing with zoning, environmental, health, safety, site design, open space and planning impacts of the proposed development. The goal is to create quality housing that is affordable for qualified individuals and families and a source of pride to its residents, the Town and the project proponent, while at the same time appropriately protecting public health, safety and welfare. The Applicant respectfully submits that the proposed redevelopment is consistent with local needs; will not have a material, detrimental effect on the character of the neighborhood or Town; and is worthy of approval by the Board of Appeals for the following reasons: The proposal will create quality homeownership opportunities that are affordable for qualified individuals and families and will be a source of pride to its residents, the Town and the Applicant, while at the same time will appropriately protect public health, safety and welfare; These homes offered for ownership will serve residents earning at a range of affordable levels will help fulfill a significant unmet local need for affordable, one, two, and three - bedroom stand-alone homes in the Town of Yarmouth: Although density is greater than otherwise would be allowed, care has been taken to provide each homeowner with off-street parking (2 plus spaces); a shed, and a full basement (as site conditions allow). Square footage for each residence meet or exceed the EOHLC LIP standards for size; 4. The development is appropriately screened from off -Property neighbors with nearly 50 (46 proposed) evergreens along the Property's southwesterly borders and providing appropriate native, low maintenance plantings including flowering and deciduous trees (Maple and Oak), shrubs and perennials on site; 5, Town Department heads, the Building Commissioner and the Town Planner for Site Plan Review in October 2024, and revised the initial plan in meaningful ways, primarily by adjusting the timing of the construction to allow for the direct tie-in to the Phase I sewer anticipated in 2028. More particularly, the Applicant responded to department input by adjusting easement widths to accommodate the sewer and by adjusting exterior design features such as lighting and moldings to better respond to Town priorities and providing a redesign of Lot 6's dwelling along Rt, 28; 1, The Applicant has met with and secured the financial support of the Yarmouth Affordable Housing Trust, the Community Preservation Committee and the Select Board who approved $489,000.00 for the acquisition of this Property and an additional $240,000.00 in early construction. The Select Board was a co-signer to the Applicant's LIP application to the EOHLC. The Town of Yarmouth has been an active participant in seeking affordable housing opportunities on this Property; 7, The Applicant has extensive experience in creating and developing homes for ownership on Cape Cod, constructing almost 200 homes spread through every Cape community since its inception in 1988. The "sweat equity" model used by the Applicant, where selected families devote between 250 and 500 volunteer hours to building their home, another home or assisting with Habitat -related events, along with the homebuyer education provided and the assistance with the mortgage and closing process reinforce the Applicant's mission of providing both affordable homes and self-reliance and a strong sense of community; 8. The Property is centrally located, providing walkable access for owners to recreation, businesses, schools, and transportation; 9, The redevelopment will connect to Town sewer and is designed to meet or exceed standard LEED certifications and the Massachusetts Stretch Energy Code. The Applicant's intent, assuming resources allow, is to construct solar -ready homes, but preferably to install solar roof panels on all homes. In 2022, the Applicant was recognized for consistently having the lowest Home Energy Rating ("HER") scores of the 1,000+ Habitat affiliates across the country; 10. All stormwater runoff will be contained on site through Massachusetts Department of Environmental Protection (MassDEP) approved "Stormwater Control Measures" utilizing catch basins and separate roof runoff leaching facilities for each dwelling. HydroCAD modeling indicates that the improvements made will reduce post construction peak discharge rates for two-year through 100-year storms to less than current conditions. Specifically, "the site -wide 100-year storm peak discharge rate relative to pre - development conditions has decreased from 1.08 CFS to .84 CFS." (Stormwater Management Report, p 4); 11. Municipal water service and other utilities are available; 12. There will be one fire hydrant located within the development located adjacent to Lot 5 as requested by the Fire Department in SPR. The Fire Department has signed off on the turning radii sketch plan provided; 13. The various house designs have been designed in a manner to be convertible to handicap accessible and visitable dwellings. As owners will be identified prior to the completion of the homes, the home design can be adjusted to accommodate a special need; 14. The affordable home purchase prices will allow residents/families who could not otherwise afford a local home option to remain in the community; and 15. The redevelopment proposal has been designed in consultation with and endorsed by the Town to create an appropriate density for the land in order to enable the Applicant to provide affordable homes in the housing market. Waivers The goal of a Comprehensive Permit review is to provide affordable housing while realizing appropriate levels of compliance with local regulations. Not all requirements have to be met. The Board of Appeals is empowered to waive local requirements in its balancing of "local needs." In designing the development, the Applicant has taken into consideration and tried to balance the multiple zoning, planning, health and other issues and regulations. As a result, certain waivers are being requested from these regulations. These are waivers, not variances. Traditional variance criteria do not apply under Chapter 40B. For example, the Applicant does not have to show and the Board does not have to find that there is a hardship based on the soil, shape or topography of the land (zoning). The waivers are being requested because without them, the goals of the development would not be met and the proposal would become uneconomic. The requested waivers include: 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 Re aired? Variance Requested Minimum Lot Area 20 000 ft2 5 949 ft2 es 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 Minimum Setbacks - Side Yards 25 ft 13.1 ft yes * 12. I 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 Re uested Minimum Lot Area 20,000 ft2 5,824 ft2 yes 14 176 ft' 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 Re aired? Variance Requested Minimum Lot Area 20 000 ft' 6 273 ft# yes 13 727 ftZ 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 12.8 ft yes *17.4 ft Maximum Buildin Covera a 25% 18.2% no --- Maximum Shape Factor 22 24.26 yes 2.26 Lot 7 Dimensional Requirement Required Proposed Waiver Re uired? Variance Re uested Minimum Lot Area 20 000 ftZ 4 708 ft' 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 35.7 ft no --- Minimum Setbacks - Side Yards 25 ft 8.4 ft yes * 16.8 ft Minimum Setbacks - Rear Yard 20 ft 16.9 ft yes *3.3 ft Maximum Building Coverage 25% 16.9% no --- Maximum Shape Factor 22 19.97 no --- Lot S Dimensional Requirement Required Proposed Waiver Required? Variance Re uested Minimum Lot Area 20 000 ftZ 4,228 ftZ yes 15,772 ft' 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): Comer 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 2035.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. 9 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. 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 Reeulations 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. 10 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. 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 are designed to meet Town stormwater regulations to the maximum extent that are feasible, given the site's constraints. Total site disturbance is approximately 42,000 SF. Conclusion The Applicant appreciates the opportunity to work with the Board of Appeals and the Town and respectfully submits that the proposed redevelopment is consistent with local needs and will satisfy an unmet housing need in the Town of Yarmouth and requests that the Board of Appeals votes to issue a Comprehensive Permit to allow construction of the redevelopment with the requested waivers. M