HomeMy WebLinkAbout08-13-26 Minutes 5240 ONLY1
FOR REFERENCE ONLY
ZONING BOARD OF APPEALS
MINUTES for AUGUST 13, 2026
PETITION 5240: Habitat for Humanity of Cape Cod, Inc. Property Location: 1121 Route
28 #B, South Yarmouth, MA. Map & Lot #: 50.108.1; Zoning District: B-2 and VCOD-4.
The Applicant seeks a Comprehensive Permit under M.G.L. Chapter 40B §§20-23 and requests
waivers from §203.5 (lot size, setbacks, lot width, frontage, shape factor, site coverage); §203.5,
Footnote E (shed dimensional requirements); §301.4.9 (parking buffer); §303.4.1.6 (residential
construction site sign); §304 (stormwater management); and §412 (affordable housing) to
construct six (6) affordable homes, with 100% of the homes restricted for low and moderate-
income households.
List of documents from June 25, 2026 hearing:
List of documents received for continued hearing on August 13, 2026:
Attorney Marian Rose represented the petitioner. Also appeared: Bob Reedy, Engineer &
Surveyor, O’Reilly & Associates; and Dan Allen, Director of Construction, Habitat for
Humanity of Cape Cod. On vacation: Noreen Browne, Direction of Land Acquisition, Habitat
for Humanity of Cape Cod.
2
Main concerns from the June 25, 2026 hearing: 1) Orientation of Lots 4 & 5. 2) Save some/all of
perimeter trees. 3) Site Overview plan to superimpose the adjacent property.
Bob Reedy: Changed orientation of Lots 4 & 5 to face Uncle Charlie’s Path. Surveyed the
property perimeter and identified 10 additional mature trees that could be preserved. Subsequent
to this hearing, will make two changes per the Town Engineering Department: 1) Show the pipes
from each roof runoff to the leaching facility and drywell on the property. 2) Add three small
swales on Lots 4, 5, 6 to prevent stormwater runoff from leaving the property on west side.
Marian Rose (about materials request by the Board): Sample of the Pine Harbor shed;
sample recorded Declaration of Trust and Declaration of Protected Covenants including a
homeowners association and a manager for the common areas; waivers list revised: some have
decreased or increased in intensity and one waiver has been eliminated.
Board Questions/Comments:
Agreed that the front of the houses (Lots 3, 7, 8) will face Wood Road? Yes.
Want to ensure the subdivision looks good and always looks good: Lot 6 design is different,
per Site Plan Review, add a façade on Route 28, but the real front faces Uncle Charlie’s Path.
Clapboard on front and white cedar shingles on all sides with some variations? Correct.
Crown all the windows? No.
Showing crowns on the designs. That will be a condition.
How are front doors trimmed? Wall sconce outside the door.
Front steps are precast? No, footings with Trex front steps.
Pilasters on each side of the doors? Yes.
Shutters on front of the houses? Stopped doing the shutters, but if that’s what you want to see.
When you represent this [holding the plan] to us, that’s what we’re going to expect. So, if
you’re not going to do something, tell us.
Hardie Board on the clapboard and all the trim is white? Correct.
Color of roof shingles? Black/gray.
How is trash going to be handled? We can follow up on that.
See where people are storing their trash barrels. There’s no garage. I’ll check.
Storage areas for trash barrels. Will check with Habitat.
All driveways go out to Uncle Charlie’s Path, not Wood Road? Correct.
Grass in central area? Fire Department allowed a cul-de-sac of this size as long as no structures
in the center. The stormwater leaching facility is under the central area.
Fence at the back of Lot 6 on Route 28? Picket fence proposed on Route 28 side.
How tall is the picket fence? 3-4 feet.
How far is it off Route 28? The picket fence is shown on the inside of the landscape plantings.
Evergreens? “Orange” is shrubs. Fence would be ~20 feet from the edge of sidewalk/pavement.
Row of plantings between the fence and Route 28.
Fence around the property adjacent to the dental office? Stockade fence along property line.
Wooden 6-foot stockade fence? Yes. Visual separation for the two properties.
Can the picket fence be wood? That’s the intent.
Planting on outside of stockade fence? Also a row of plantings on the inside of the property.
Drive down Route 28, I see green and a fence behind it; it’s a nice look. Per ANR Plan, trees
that will remain and several trees proposed. The fence, several trees, then parking.
3
Can you pull the fence back a couple of feet? Yes, the gap is the 3-foot-wide walking path to
access the sidewalk. Otherwise, there is a full wall of shrubs proposed at the corner.
Neighbors interested in a sidewalk on Wood Road. We haven’t really looked at that.
Residents have access to the sidewalk on Route 28.
Attorney Rose will provide a draft decision for the Board to discuss conditions.
Items confirmed at August 13, 2026 hearing:
1. Crown the windows and put up shutters.
2. Hardie Board, shingles, and house colors are good.
3. Asphalt shingles on the roof.
4. Asphalt for the driveways.
Items to be confirmed:
1. Move fence back two feet (Lot 6) and plant greenery in front of the fence.
2. Fenced areas for two trash barrels.
3. Concern if grass doesn’t have irrigation.
4. Confirm any restrictions on what can be stored in the shed.
Chairman Igoe read into the record: Town Engineering Department Memo, dated July 29, 2026,
noted installing drainage swales to Lots 4, 5, and 6, and showing locations of pipes connecting
roof gutters to drywell.
No public comments.
A motion was made by Mr. Scali and seconded by Mr. Panebianco to continue the hearing to
September 24, 2026. The members voted as follows: Mr. Martin-AYE; Mr. Scali-AYE; Mr.
Panebianco-AYE; Chairman Igoe-AYE. The motion was voted 4-0 in favor.