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HomeMy WebLinkAbout5240 1121 Route 28 B Decision TC 10.28.26MR4, 011ITH, TOWN CLERK, �L OCT 2�2,126 ; v,12:46 TOWN OF YARMOUTH BOARD OF APPEALS DECISION COMPREHENSIVE PERMIT FILED WITH TOWN CLERK: October 28, 2026 PETITION NO: 5240 HEARING DATES: June 25, 2026; August 13, 2026; September 24, 2026 PETITIONER & PROPERTY OWNER: Habitat for Humanity of Cape Cod, Inc. PROPERTY: 1121 Route 28, Unit B, South Yarmouth, MA Map 50, Parcel 108.1 Zoning District: B-2 and VCOD-4 Book 36039 Page 224 MEMBERS PRESENT AND VOTING: Sean Igoe, Chairman, Dick Martin, Barbara Murphy, Anthony Panebianco, and Richard Scali Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Cape Cod Times, the hearing opened and held on the date stated above. I. PROCEDURAL HISTORY On June 2, 2026, Habitat for Humanity of Cape Cod Inc. ("Applicant") with attorney, Marian Rose as representative, applied for a Comprehensive Permit from the Yarmouth Zoning Board of Appeals ("Board") pursuant to Massachusetts General Laws, Chapter 40B, §§20-23, to subdivide the property at 1121-B Route 28, South Yarmouth, MA (Assessor's Map 50, Parcel 108.1) (hereinafter, the "Property") into six lots. Each of the six lots will contain an Affordable deed -restricted, single-family home and will be serviced by a private road, hereinafter "Uncle Charlie's Path" with a cul-de-sac. The Property is located in the B2 and VCOD-4 Zoning Districts. Prior to the submission of the application for a Comprehensive Permit, the Applicant entered a grant agreement with the Town of Yarmouth Municipal Affordable Housing Trust and secured a grant to aid in the purchase of the Property in return for the construction of Affordable single- family homes on the Property. On October 29, 2024, the Applicant engaged in a Site Plan Review, pursuant to Bylaw Section 103.3, attended by representatives of the Building, Planning, Community Development, Conservation, Engineering, Fire, and Water & Wastewater departments. The Applicant revised the original plan based on comments received from the Town Staff at Site Plan Review. Revisions included added architectural features to Buildings 4 and 5 where the sides of the building were oriented towards the cul-de-sac frontage and to Building 6, where a site -specific architectural design was provided to respond to concerns that the rear of Building 6 faced Route 28. As part of feedback from Site Plan Review, the timing of the construction of the homes was delayed so that the homes will be connected to Town sewer upon completion. The plans were also revised to show a 15' sewer easement subsequent to Site Plan Review based on later Town department requests. The extent of the Applicant's responsiveness to Site Plan Review comments can be seen in the annotated Site Plan Review comment sheet which is part of the application. A duly advertised public hearing of the Zoning Board of Appeals (hereinafter, the "Board") was opened on June 25, 2026. Town Departments were notified of the proposed project and were invited to make further comments. The public hearing was continued to August 13, 2026, and September 24, 2026, where the Board voted to close the public hearing and deliberated as further described below. II. SUBMITTALS The Board received various plans, reports and correspondence listed below, all of which are incorporated into the Board's record for this decision. In addition, abutters and members of the public offered comments both verbally and in writing and those comments are part of the record. 1. 1121 Route 28 #B - Abutters List - June 5, 2026 2. ANR Plan dividing 1121 Route 28 into 1121 and 1121-B dated August 16, 2023 and recorded in the Barnstable Registry of Deeds as Plan Book 702, Page 27. 3. Cape Cod Commission Application Notice Email - June 3, 2026 4. Cape Cod Commission Receipt Email June 16, 2026 5. Quitclaim Deed into Habitat for Humanity of Cape Cod, Inc. recorded with the Barnstable Registry of Deeds in Book 36039, Page 224 6. Memorandum in Support - Affordable Housing Committee - June 16, 2026 7. Memorandum in Support - Community Housing Committee - June 10, 2026 8. Memorandum in Support ... Planning Board - June 18, 2026 9. Letter of Opposition from William and Joyce Gardiner dated June 24, 2026 10. Letter of Opposition from David and Mary Krapf dated June 23, 2026 11. Letter of Opposition from James Delaney dated June 24, 2026 12. Habitat for Humanity of Cape Cod, Inc. Site Plan Set, Ch. 40B Comprehensive Permit Application for Uncle Charlies Path Subdivision as prepared by Robert Reedy and dated May 26, 2026: revised July 28, 2026 including Landscape Plan, C-2, revised September 28, 2026 by JM O'Reilly & Associates, Inc.; 13. Architectural Plan Set for 1-BR Cape for Habitat for Humanity of Cape Cod, Lot #3, 1121 B Route 28 South Yarmouth, MA dated July 10, 2024, pp 1-14, and prepared and stamped by Kurt E. Raber, Catalyst Architecture/Interiors Inc. 14. Architectural Plan Set for 2-BR Ranch for Habitat for Humanity of Cape Cod, Lot #4, 1121 B Route 28 South Yarmouth, MA dated July 10, 2024 and revised January 13, 2025, pp 1- 14, and prepared and stamped by Kurt E. Raber, Catalyst Architecture Interiors Inc. 15. Architectural Plan Set for 3-BR Ranch for Habitat for Humanity of Cape Cod, Lot #5, 1121 B Route 28 South Yarmouth, MA dated July 10, 2024 and revised January 13, 2025, pp 1- 12, and prepared and stamped by Kurt E. Raber, Catalyst Architecture/Interiors Inc. 16. Architectural Plan Set for 1-BR Cape for Habitat for Humanity of Cape Cod, Lot #6, 1121 B Route 28 South Yarmouth, MA dated May 28, 2026, pp. 1-8, and prepared and stamped by Leslie E. Schneeberger, Schneeberger Collective, Inc. 17. Architectural Plan Set for 3-BR Cape for Habitat for Humanity of Cape Cod, Lot #7, 1121 B Route 28 South Yarmouth, MA dated July 10, 2024, pp 1-14, and prepared and stamped by Kurt E. Raber, Catalyst Architecture/Interiors Inc. 18. Architectural Plan Set for 3-BR Cape for Habitat for Humanity of Cape Cod, Lot #8, 1121 B Route 28 South Yarmouth, MA dated July 10, 2024 and revised January 13, 2025, pp. l -14, and prepared and stamped by Kurt E. Raber, Catalyst Architecture/Interiors Inc. 19. Owner Authorization — May 26, 2026 20. Massachusetts Executive Office of Housing & Livable Communities (EOHLC) Project Eligibility Letter — March 18, 2026 21. Project Narrative from Attorney Marian Rose — May 29, 2026 22. Project Narrative from Habitat for Humanity of Cape Cod, Inc. — June 2, 2026 23. Property Card — September 17, 2026 24. Site Plan Review Comments (October 29, 2024) with Applicant Responses (May 15, 2026) 25. Site Plan Lot 1 improvements, prepared and stamped by JM O'Reilly & Associates, Inc. dated August 4, 2023 26. Definitive Subdivision Plan prepared and stamped by JM O'Reilly & Associates, Inc. dated May 26, 2026; 27. Stormwater Management Report April 24, 2026 28. Stormwater Operations & Maintenance Manual April 24, 2026 29. Summary of Reasoning from Attorney Marian Rose — June 18, 2026 30. Summary of Responses from Attorney Marian Rose dated July 30, 2026 31. Transportation Summary — May 7, 2026 32. Vision GIS Map — June 3, 2026 33. Waivers Requested - May 21, 2026; as revised July 28, 2026 34. Photo of Pine Harbor Sample Shed Design received July 30, 2026 35. Declaration of Protective Covenants, Restrictions, Easements, Rights and Reservations for Willett Way, Falmouth as recorded with the Barnstable Registry of Deeds in Book 31690, Page 39 (2018); 36. Declaration of Trust Establishing the Willett Way Homeowners Association as recorded with the Barnstable Registry of Deeds, in Book 36283, Page 64 (2024). 3 III.THE HEARINGS The public hearing opened on June 25, 2026, with board members Sean Igoe, Chairman; Dick Martin; John Mantoni and Barbara Murphy present in -person; and Anthony Panebianco present via Zoom. After the first hearing, Mr. Mantoni resigned from the Board and alternate, Richard Scali, replaced him as a voting member after fulfilling Mullins rule requirements. After missing the August 13, 2026 hearing, Member Barbara Murphy also fulfilled Mullins rule requirements to continue as a voting member for the final hearing on September 24, 2026. The Board received information from multiple sources. Speaking in favor of the Petition were Marian Rose, attorney for Habitat for Humanity of Cape Cod, Inc.; Robert Reedy, Engineer & Surveyor of John O'Reilly & Associates; Noreen Browne, Director of Land Acquisition of Habitat for Humanity of Cape Cod, Inc.; and Dan Allen, Director of Construction of Habitat for Humanity of Cape Cod, Inc.. Abutter Joel Stevens of Wood Road spoke during the hearing. Chairman Igoe read into the record Letters of Opposition: 1.) William and Joyce Gardiner of Wood Road; 2.) James Delaney of Wood Road; and 3.) David and Mary Krapf of Wood Road. Chairman Igoe also read into the record Memos of Support: 1.) Affordable Housing Trust; 2.) Community Housing Committee; and 3.) Planning Board. Those in opposition to the project were concerned about traffic on and safety of Wood Road. Applicants responded noting the increase in traffic is so limited in nature that it does not trigger the need for traffic studies, given that at peak hours, traffic generated will be no more than six (6) trips per hour or, on average, one additional trip every ten (10) minutes at either weekday or weekend peak periods. Board concerns raised at the June 25, 2026 hearing included the orientation of Buildings 4 and 5, the need to retain mature trees, and the need to maintain the appearance of the Property with specific concerns regarding irrigation, maintenance of common spaces, sheds, trash collection, and materials and design. The hearing was continued to August 13, 2026. In response to Board requests, the Applicant presented revised plans to reorient Buildings 4 and 5, provided an inventory of perimeter trees, and provided an updated Landscape Plan where trees to be retained were noted; responded to limited concerns regarding stormwater noted by the Engineering Department; and provided sample Homeowners Association documents used in the Willett Way development in Falmouth, MA to illustrate how future homeowners will assume the power and responsibility to maintain both their private homes and common areas. No public comment was offered. The hearing was continued to September 24, 2026, to allow the Board to review the revised site plans and a draft decision, as well as to address continued areas of concern regarding irrigation, fencing, greenery, shed storage, and trash bin storage. At the September 24, 2026 hearing, the Applicant raised an opposition to the conditions of having to construct and install irrigation systems and fenced -in trash bin storage areas for each dwelling unit, stating that the irrigation systems were too expensive and that trash bins could instead be kept in the sheds that were to be included with each unit. Chairman Igoe asked the Applicant what the cost of an irrigation system would be for each unit to which the Applicant responded that they did not know the cost of an irrigation system. The Board reminded the Applicant that the project would be located in a high -visibility area along the Route 28 corridor and that the Board has consistently required any new projects or redevelopment along Route 28 to install and maintain irrigation systems. The Board noted that the Town has a compelling interest in the maintenance and aesthetics of its long-term redevelopment of Route 28. The Board further opined that it would be unlikely that the unit owners would keep their trash bins in the sheds due to them being used for storage of lawn equipment, outside furniture, etc. as well as the smell the trash bins would emanate, and that the need for the trash bin storage areas was for reasons of aesthetics and public health. Additionally, it should be noted that the Town's Affordable Housing Trust in FY24 spent $498,000 to assist Habitat for Humanity in the purchase of 1121 Route 28, Unit B, South Yarmouth for the construction of the proposed 5 to 6 affordable homes. At the September 24, 2026 hearing, the Board made the findings and determinations below: IV. FINDINGS of FACT 1. The Board finds that the Applicant submitted a complete application with the following information: a. It is a "non-profit organization" as that term is used in G.L. c. 40B s.21 and 760 CMR 56.04 (1)(a); b. Evidence of a subsidy as indicated by letter from the Massachusetts Executive Office of Housing & Livable Communities (EOHLC) dated March 18, 2026, to the Town of Yarmouth Board of Selectmen and Habitat for Humanity confirming the approval of the proposed development's application for project eligibility under the Local Initiative Program (LIP); c. The Applicant alleges "control of site" known as 1121-B Route 28, South Yarmouth, MA — Map 50 Parcel 108.1 by virtue of ownership shown by Deed Book 36039, Page 224, as recorded in the Barnstable Registry of Deeds; d. As of September 30, 2026, the Town of Yarmouth's subsidized housing inventory is 4.93% where 10% is the state goal. The Board finds that the Town of Yarmouth has not achieved the statutory minimum set forth in MGL ch. 40B, s. 20 or 760 CMR 31.04, nor is Affordable housing located on sites comprising one and one-half percent or more of the total land area zoned for residential, commercial or industrial use; e. The Board finds that the proposed development was reviewed by the following 5 municipal officers, departments, boards, committees, or regional agencies: Building Department Community Development Department Conservation Department Engineering Department Fire Department Health Department Water and Wastewater Department Affordable Housing Trust Cape Cod Commission Community Housing Committee Planning Board Select Board (formerly known as Board of Selectmen) f. The Board finds that the Property is zoned B-2 and VCOD-4, and consists of—43,563 square feet of area. The Property will be divided into lots ranging from 4,228 sf to 6,326 sf with an average square footage of 5,551 sf. and an Affordable, single-family home will be constructed on each lot. g. The Board finds that the six (6) dwelling units will be serviced by the Town's public water supply and town sewer; h. The Applicant has prepared a subdivision plan, dated May 26, 2026 and prepared by JM O'Reilly & Associates which is a part of the record and the Board finds that the plan is suitable for endorsement by the Board and recording at the Barnstable Registry of Deeds. The Board shall endorse the plan after finding that it is consistent and within acceptable limits with the preliminary plan presented for the division of the land and that all applicable conditions have been met. i. The Board further finds that the development as proposed does not appear to endanger public health, public safety or the environment, provided that the development satisfies all of the conditions set forth below; j. The Board further finds that the impact to traffic on Wood Road as a result of this development will be minimal and not impactful on public safety; k. The Board finds that as proposed the development is consistent with local needs. 1. The Board finds that the Application has complied with all Town rules and regulations pertaining to the application for a Comprehensive Permit; V. DECISION Pursuant to MGL Chapter 40B Regulations and the CMR 760 56.00 Regulations, the Zoning Board of Appeals of Yarmouth after public hearing and findings of fact, hereby grants, with a unanimous roll call vote, Comprehensive Permit #5240 to Habitat for Humanity of Cape Cod, Inc to subdivide the Property known as Map 50, Parcel 108.1 (1121-B, Route 28) into six (6) lots and to construct one dwelling structure and related improvements on each of the six lots as shown on the submitted plans. The development shall be constructed with all associated infrastructure and improvements based upon plans submitted by the Applicant and contingent on the following conditions: VI. CONDITIONS 1. The development shall be constructed as represented to this Board and as shown on the preliminary plans, as submitted to the file and revised where noted and dated as follows: Habitat for Humanity of Cape Cod, Inc. Site Plan Set, Ch.40B Comprehensive Permit Application for Uncle Charlie's Path Subdivision as prepared by Robert Reedy and dated May 26, 2026: revised July 28, 2026 and revised Landscape Plan (C-2) dated September 28, 2026 by JM O'Reilly & Associates, Inc.; the Stormwater Management Report — April 24, 2026; and the Stormwater Operations & Maintenance Manual — April 24, 2026 2. The dwelling units shall be constructed in conformance with the elevations and floor plans as revised and submitted to the file and entitled and dated as follows: a. Habitat for Humanity of Cape Cod, Inc. Site Plan Set, Ch.4013 Comprehensive Permit Application for Uncle Charlie's Path Subdivision as prepared by Robert Reedy and dated May 26, 2026: revised July 28, 2026 and September 28, 2026 by JM O'Reilly & Associates, Inc.; b. Architectural Plan Set for 1-BR Cape for Habitat for Humanity of Cape Cod, Lot #3, 1121 B Route 28 South Yarmouth, MA dated July 10, 2024, pp 1-14, and prepared and stamped by Kurt E. Raber, Catalyst Architecture/Interiors Inc. c. Architectural Plan Set for 2-BR Ranch for Habitat for Humanity of Cape Cod, Lot #4, 1121 B Route 28 South Yarmouth, MA dated July 10, 2024 and revised January 13, 2025, pp 1-14, and prepared and stamped by Kurt E. Raber, Catalyst Architecture/Interiors Inc. d. Architectural Plan Set for 3-BR Ranch for Habitat for Humanity of Cape Cod, Lot #5, 1121 B Route 28 South Yarmouth, MA dated July 10, 2024 and revised January 13, 2025, pp 1-12, and prepared and stamped by Kurt E. Raber, Catalyst Architecture/Interiors Inc. e. Architectural Plan Set for 1-BR Cape for Habitat for Humanity of Cape Cod, Lot #6, 1121 B Route 28 South Yarmouth, MA dated May 28, 2026, pp. 1-8, and prepared and stamped by Leslie E. Schneeberger, Schneeberger Collective, Inc. f. Architectural Plan Set for 3-BR Cape for Habitat for Humanity of Cape Cod, Lot #7, 1121 B Route 28 South Yarmouth, MA dated July 10, 2024, pp 1-14, and prepared and stamped by Kurt E. Raber, Catalyst Architecture/Interiors Inc. g. Architectural Plan Set for 3-BR Cape for Habitat for Humanity of Cape Cod, Lot #8, 1121 B Route 28 South Yarmouth, MA dated July 10, 2024 and revised January 13, 2025, pp. 1-14, and prepared and stamped by Kurt E. Raber, Catalyst Architecture.`Interiors Inc. 3. The initial provided landscaping material shall be in conformance with the further revised Landscape Plan dated September 28, 2026 as part of the Uncle Charlie's Path Subdivision Plan Set by J.M. O'Reilly & Associates, Inc. Applicant shall make every reasonable effort to retain mature perimeter trees noted in the revised landscape plan. The Applicant shall provide low evergreen screening along Wood Road and shall provide a 3-foot-high white picket fence with evergreen shrubs along the Route 28 border of Parcel 6 and extending at least six (6) feet around the corner along Wood Road as shown on the revised Landscape Plan. 4. The Applicant shall provide gated wooden screening for trash bin storage attached to each dwelling. All lawn equipment and furniture shall be stored inside the designated shed for each parcel. 5. As part of the project, the Applicant shall construct an irrigation system for each of the six parcels to be conveyed and maintained by each new and subsequent owner when purchased. 6. The Applicant shall prepare a Declaration of Protective Covenants, Restrictions, Rights and Reservations for the Project establishing the Uncle Charlie's Path Homeowners Association Trust and shall record such documents prior to the first unit conveyance to the eligible and qualified buyers. 7. All six units shall be Affordable units under the Massachusetts Executive Office of Housing & Livable Communities ("EOHLC") Local Initiative Program. Upon initial sale to eligible and qualified households Applicant shall record an EOHLC Local Initiative Program Affordable Housing Deed Rider. All units shall be for sale as a single-family home. Ownership and Re- sale shall be as outlined in the EOHLC Local Initiative Program Affordable Housing Deed Rider. 8. To the extent allowable by law, 700•o of the Affordable units, in this case, three (3) shall be Local Preference units and one (1) shall be for a Veteran Preference. Upon approval by the EOHLC, current residents of the Town of Yarmouth, municipal employees of the Town of Yarmouth, Employees of businesses in the Town of Yarmouth and households with children attending Yarmouth schools, and veterans or veteran families shall be given a preference in the initial lottery. The local preference shall be implemented by Habitat for Humanity of Cape Cod, Inc. as the Lottery Agent to the extent allowed by Iaw; 9. The project shall comply with all Local Initiative Program requirements and any conditions the EOHLC, in its role as Subsidizing Agency, may require as part of Final Approval under 760 CMR 56.04. 10. A Regulatory Agreement pursuant to the Local Initiative Program and consistent with the terms of this Comprehensive Permit, in form and content approved by the Town of Yarmouth, shall be executed by the Subsidizing Agency, the Town of Yarmouth, and the Applicant. Said Agreement shall be recorded at the Barnstable County Registry of Deeds prior to the issuance of any occupancy permits. 11. The Applicant shall prepare an Affirmative Fair Housing Marketing Plan (AFHMP), prepared in accordance with Section III of the 40B Guidelines and approved by the EOHLC prior to the commencement of marketing of the units. A copy of this plan shall be provided to the Yarmouth Department of Community Development prior to The Lottery. 12. Prior to the issuance of any permits for the development, this Comprehensive Permit shall be recorded at Barnstable Registry of Deeds. A copy of the recorded document shall be submitted to the Zoning Board of Appeals file. 13. The applicant shall assure that the plantings to be installed pursuant to the schedule of plants set forth in the landscape plan referenced above shall be maintained by the applicant until the sale of all units. Future maintenance of the plantings shall be the responsibility of the property owners and/or Homeowners Association. 14. The development shall be limited to six (6) dwelling units consisting of three (3) bedroom units, one two (2) bedroom unit, and two one (1) bedroom units for a total of thirteen (13) bedrooms. 15. This community shall be 100% Affordable. All six homes shall be deed restricted, shall remain Affordable in perpetuity, and shall be eligible for inclusion on the Subsidized Housing Inventory (SHI). All homes shall be sold to low-income households earning at or below 80% of AMI with some targeted to incomes at or below 60% of AMI, should incomes at that level apply for a home. The units shall 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 To be adjusted to reflect income limits at the time of the Lottery 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 — 1 1.5 1,298 $60 $262,600 (60%) Ranch $320,250 (80%) 2 2 1200 $60 $262,600 (60%) Three -bedroom - Cape $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. 16. The initial sale price of the homes shall be determined in accordance with HUD income guidelines as published annually. Income limits shall be adjusted for household size and shall follow the price calculations approved by EOHLC. All marketing follows the Affirmative Fair Marketing Guidelines and qualified applicants shall be entered into a Lottery. All marketing, applications and the Lottery Program shall be approved in advance by EOHLC. 17. Prior to the issuance of any certificate of occupancy, the Applicant shall enter into a Monitoring Agreement approved as to form by the Board's legal counsel. Such Agreement(s) 10 shall be consistent with the terms of this Decision. All costs associated with monitoring shall be borne by the Applicant until the sale of the last Affordable unit, and thereafter by the owners of the Affordable units. 18. This Comprehensive Permit shall be master permit which shall subsume all local permits and approvals normally issued by local boards. All local boards shall issue all necessary permits and approvals after reviewing such plans only to ensure that they are consistent with the Comprehensive Permit and applicable state and federal laws. 19. This Comprehensive Permit shall not be transferred to a person or entity other than the Applicant without the written approval of this Board. The Motion to grant the Comprehensive Permit, subject to the above -stated conditions, was made by Mr. Martin, and seconded by Mr. Scali. The members voted as follows: Mr. Martin -AYE; Mr. Scali-AYE; Ms. Murphy -AYE; Mr. Panebianco-AYE; Chairman Igoe -AYE. The motion was voted 5-0 in favor. Therefore, the Comprehensive Permit, subject to the above -stated conditions, is granted. WAIVERS The Board grants the following waivers: Town of Yarmouth Zoning Bylaw Section 203.5 Dimensional Requirements The property is within the Business B2 Zone. The following waivers relate to lot size, setbacks, lot width, frontage, shape factor and site coverage: Lot 3 Dimensional Requirement Required Proposed Waiver R Waiver granted Minimum Lot Area 20,000 ftZ 5,949 ft' yes 14,051 ft 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% 1 13.4% 1 no --- Maximum Shape Factor 22 1 16.30 1 no --- Lot 4 Dimensional Requirement Required Proposed Waiver Required? Waiver granted Minimum Lot Area 20,000 ft' 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 29.9 ft yes *0.3 ft Minimum Setbacks - Side Yards 25 ft 11.2 ft yes * 14.0 ft Minimum Setbacks - Rear Yard 20 ft 24.7 ft no --- Maximum Building Coverage 25% 17.3% 1 no --- Maximum Shape Factor 122 17.06 1 no --- Lot 5 Dimensional Requirement Required Proposed Waiver R Waiver granted Minimum Lot Area 20,000 ft2 5,824 ft2 yes 14,176 W 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 21.1 ft yes *9.1 ft Minimum Setbacks - Side Yards 25 ft 6.3 ft yes * 18.9 ft Minimum Setbacks - Rear Yard 20 ft 20.9 ft no --- Maximum Building Coverage 1 25% 123.0% 1 no --- Maximum Shape Factor 1 22 1 18.36 1 no --- Lot 6 Dimensional Requirement Required Proposed Waiver Re Waiver granted Minimum Lot Area 20,000 ft2 6,273 ft2 yes 13,727 ft2 Minimum Frontage 125 ft 108.62 ft yes 16.3 8 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 12 Lot 7 Dimensional Requirement Required Proposed Waiver R Waiver granted Minimum Lot Area 20,000 ft' 4,708 ft2 yes 15,292 ft' 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% 1 16.9% 1 no I --- Maximum Shape Factor 122 1 19.97 1 no I --- Lot 8 Dimensional Requirement Required Proposed Waiver R Waiver granted Minimum Lot Area 20,000 ft' 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. 13 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 square feet. 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. 14 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. 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 to be planted and retained are identified on the Landscape Plan. The Motion to grant the Waivers as requested was made by Mr. Scali, and seconded by Mr. Martin. The members voted as follows: Mr. Martin -AYE; Mr. Scali-AYE; Ms. Murphy -AYE; Mr. Panebianco-AYE; Chairman Igoe -AYE. The motion was voted 5-0 in favor. Therefore, the above -stated Waivers are granted. 15 Approval: No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. As provided by the provisions of said c. 40B ss 20-23, or otherwise, this Comprehensive Permit shall lapse if time use hereof is not commenced and continued. Sean Igoe, Chairman CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #5240 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. Mary A. Maslowski, MMC, CMMC 16