HomeMy WebLinkAboutAttorney Rose Letter with Summary of Responses 07.30.26Andrew L. Singer
Marian S. Rose
Myer R. Singer (1938-2020)
Law Office of Singer & Singer, LLC
26 Upper County Road
P. Q. Box 67
Dennisport, Massachusetts 02639
July 30, 2026
Via Email and hand delivery: dfallon@yarmouth.ma.us
RECEIVED
Attention: Ms. Dolores Fallon, Z.B.A Permitting Coordinator
Yarmouth Zoning Board of Appeals JUL 3 Q 2026
Town Hall
1146 Rt. 28 YAKaAOUTH
t3oARD OF
Yarmouth, MA 02664
Re: Habitat for Humanity of Cape Cod, Inc., 1121 Rt, 28, Yarmouth, ZBA
Petition 5417
Dear Members of the Board,
Tel: (508) 398-2221
Fax: (508) 398-1568
www,sin r-law.com
I am writing on behalf of the Applicant, Habitat for Humanity of Cape Cod, Inc., to further
supplement the record in response to Board requests made at the June 25, 2026 hearing.
The Applicant submits the following:
1. Revised Site Plan Set for Uncle Charlie's Path Subdivision dated May 26, 2026 as revised July 28,
2026 from J.M. O'Reilly & Associates, Inc.;
2. Site Overview Plan- Lots], 3-8, 1121 & 1121 B Route 28, S. Yarmouth, MA dated 7.28.2026 from
J.M. O'Reilly & Associates, Inc. showing Lots 1 (dentist lot) and Lot 2 (Habitat Lot) with conforming
parking on Lot 1 as proposed;
3. Sample Pine Harbor Shed photographs;
4. Sample recorded Declaration of Trust Establishing the Willett Way Homeowner's Association, as
recorded in the Barnstable Registry of Deeds, Book 36283, Page 64 (2024) and the Declaration of
Protective Covenants, Restrictions, Rights, Easements, and Reservations for Willett Way, Falmouth,
as recorded in the Barnstable Registry of Deeds Book 31690, Page39 (2024); and
5. Waiver Summary, as revised 7.28.2026 to show altered footprints of dwellings on Lots 4 and 5.
The materials provided provide details regarding the following:
• Orientation of Buildings 4 and 5. The materials submitted are responsive to members of the
Boards' request to consider reorienting the homes on lots 4 and 5 to more squarely face the cul-de-
sac rather than remaining on the angle initially presented which was intended to ensure the most solar
exposure for rooftop panels. The Applicant rotated the footprints to face the cul-de-sac as requested.
The proposed locations result in the elimination of Lot 5's rear setback waiver, the lessoning of Lot
4's and Lot 5's front setback waivers and Lot 5's rear setback waiver, and the intensification of two
existing setback waivers for two side setbacks (one each for Lots 4 and 5).
• Perimeter trees. At the request of board members, the Applicant surveyed perimeter trees and has
identified 'eleven (l 1) mature perimeter trees to be retained to the extent feasible as shown on the
revised landscape plan site plan. Forty-five (45) perimeter screening trees and 5 specimen trees are
also proposed as shown on the landscape plan.
• Grades added to site plan, C4, at the request of Board members.
• Maintenance of common areas: Residents will be required to join a homeowners' association which
will govern shared responsibilities and individual obligations on the Property. All residents will be
responsible to the same extent as other homeowners are throughout Yarmouth for maintaining their
individual properties. Sample agreements regarding shared homeowner obligations for common
areas recorded as part of the recent (2024) completion of a Falmouth Habitat project, Willet Way,
have been submitted for the Board's review.
Thank you for your continued review of this proposal.
Very truly yours,
Marian S. Rose
Marian S. Rose