Zoning Board of Appeals Decisions

Zoning Board of Appeals Decisions for: 01-11-2006
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FALMOUTH ZONING BOARD OF APPEALS

FINDINGS AND DECISION


Special Permit No: 139-05
Applicants: JOHN L. DRULEY, TRUSTEE, Waquoit Village Realty Trust

Property Address: 53 Carriage Shop Road, Waquoit Village, East Falmouth, MA
Assessor’s Map: Map 30, Section 03, Parcel 007, Lot 000
And
Property Address: 0 Carriage Shop Road, Waquoit Village, East Falmouth, MA
Assessor’s Map: Map 30, Section 03, Parcel 010, Lot 000

Date of Hearing: November 2, 2005, continued to December 1, 2005

Summary: Granted with Conditions – Open Meeting December 12, 2005

Zoning: Public Use, Business 3 and Agricultural A

Overlay Districts: Water Resource Protection District, Coastal Pond Overlay and Historical


PROCEDURAL HISTORY

1. On October 6, 2005, John L. Druley, Trustee for Waquoit Village Realty Trust, 23 Green Cove Lane, East Falmouth, Massachusetts 02536 (hereinafter referred to as Applicant), applied for a comprehensive permit from the Zoning Board of Appeals of Falmouth (hereinafter referred to as Board), pursuant to M.G.L. c. 40B, to construct 44 units off of Carriage Shop Road in the Village of Waquoit in East Falmouth, Massachusetts. The applicant proposes to develop 26 lots and to construct 24 single-family dwellings to be sold and 20 condominium units to be sold in a Development to be known as Irene’s Meadow to be developed on a road known as Alton’s Road. As proposed, the development would be located on a site containing approximately 36.5 acres of land known as Map 30, Section 03, Parcel 007, Lot 000 and Map 30, Section 03, Parcel 010, Lot 000 – both lots being located on Carriage Shop Road in the village of Waquoit. The subject property is zoned Public Use, Business 3 and Agricultural A.

2. A duly advertised public hearing was opened on November 2, 2005 and continued to December 1, 2005.

3. The public hearing was closed and taken under advisement on December 1, 2005. Decision was made on December 12, 2005 at an open meeting duly posted according to the open meeting laws and filed with the Town Clerk.

4. The Board received documents and exhibits prior to or during the public hearings which are on file in the office of the Board of Appeals at Town Hall, as set forth below:

Letters from Abutters

Date Received: 11/30/2005 Falmouth Rod & Gun Club
11/16/2005 Citizens For The Protection of Waquoit Bay, Inc.
11/2/2005 Town of Falmouth, Town Administrator Whritenour
(Town of Falmouth abutts subject property)
11/2/2005 Carol Baldwin, Abutter on Old Valley Road
11/1/2005 Waquoit Bay National Estuarine Research Reserve


E-mail Messages from Abutters

None received


Letters from Applicant/Agent

Date Received: 10/26/2005 Letter from Attorney Glynn with attachments:
-specifications for interior of affordable homes
-CHAPA letter dated 10/5/05
-Proposed Regulatory Agreement w/attached Deed Rider
and Monitoring Agreement (other info listed herein as plans)
10/26/2005 Letter from Architect Giampietro regarding conditions of existing 1850 circa structure on subject property
11/2/2005 Site Plan highlighting market rate affordable units
11/9/2005 CHAPA’s Pricing for Acting as a Monitoring Agent
11/9/2005 Review Fee Submission through Attorney Glynn for Applicant
and revised list of waivers
11/28/2005 Irene’s Meadow Construction Schedule
11/28/2005 Irene’s Meadow Screening Agreement
11/28/2005 Irene’s Meadow Buildout Agreement
11/28/2005 Irene’s Meadow Fencing Agreement
11/28/2005 1850 House on Lot A
11/28/2005 Homeowner’s Association Declaration of Trust
11/28/2005 Protective Covenants
11/28/2005 Condominium Master Deed
11/28/2005 Traffic Impact Study by CCA, Traffic Engineers & Planners


E-mail Messages from Applicant

None Received


Letters and Referrals from Town Departments

Date Received: 9/20/2005 Falmouth Fire Department
10/19/2005 Falmouth Historical Commission
10/26/2005 Ray Young, Assistant Town Engineer
10/26/2005 Falmouth Planning Board, Ralph Herbst, Chairman
10/26/2005 Board of Health, David Carignan, Health Agent
10/25/2005 Town Counsel, Frank Duffy – Review of Application
11/2/2005 Town of Falmouth, Town Administrator Whritenour
11/7/2005 Department Natural Resources, Mark Patton, Director
12/8/2005 Utilities Division, Raymond Jack, Utilities Manager


Letter and Referral from Outside Town Departments/Boards

Date Received: 10/26/2005 Cape Cod Commission


Plans and Drawings Submitted by Applicant

- Preliminary Subdivision Plan of Land for Waquoit Village Realty Trust – drawn by Ferreira Associates, dated August 31, 2005, consisting of pages 1 through 5 (received by Board 10/6/05)
- Building Plans entitled “New Building for: Quaker Homes Corp. – Bldg. #1, 53 Carriage Shop Rd., Waquoit, MA?, drawn by L.F. Giampietro, AIA Architect, dated 10/7/05, consisting of pages A-1 to A-3 (received by Board 10/26/05) – Condo Plans
- Building Plans entitled “New Building for: Quaker Homes Corp. – Bldg. #2, 53 Carriage Shop Rd., Waquoit, MA?, drawn by L.F. Giampietro, AIA Architect, dated 10/7/05, consisting of pages A-1 to A-3 (received by Board 10/26/05) – Condo Plans
- Building Plans entitled “New Building for: Quaker Homes Corp. – Bldg. #3, 53 Carriage Shop Rd., Waquoit, MA?, drawn by L.F. Giampietro, AIA Architect, dated 10/7/05, consisting of pages A-1 to A-3 (received by Board 10/26/05) – Condo Plans
- Building Plans – no title, condominium/duplex plan for one bedroom units – ranch style, drawn by Devlin Custom Designs, dated 10/20/02, and consisting of four (4) pages (received by Board 10/6/05)
- House Plan entitled “New Ranch Design For Quaker Homes Corp, dated 1/22/04, consisting of pages A-1 through A-4 (received by Board 10/6/05)
- House Plan entitled “New 26’ x 36’ Cape House For Quaker Homes – The Callahan?, drawn by L.F. Giampietro, AIA Architect, date revised 3/28/97, and consisting of pages A-1 through A-5 (received by the Board 10/6/05)
- House Plan – no title, cape design single-family dwelling, three bedroom with one-car garage, drawn by Devlin Custom Designs, dated 1/24/01 and consisting of pages A1 through A3 (received by the Board 10/6/05)

FINDINGS

The Board finds the following regarding Applicant and Proposed Development:

1. The Board finds that the Applicant is qualified to make the application pursuant to 760 CMR 31.01 in that (a) it has agreed to be a “limited dividend corporation? as that term is used in M.G.L. c. 40B, s.21 and 760 CMR 31.01(1);
2. The Board finds there is a funding commitment from a subsidizing agency as evidenced by the project eligibility/site approval letter from Mass Housing dated September 9, 2005; and
3. The Board finds that the Applicant has evidence of “control of site? by virtue of a deed for one parcel recorded in the Barnstable County Registry of Deeds in book 20331, page 311 and a purchase and sale agreement for the second parcel with title to be conveyed on or before March 1, 2006.
4. The Board finds that the Town of Falmouth, according to DHCD, has not achieved the statutory minimum set forth in G.L. c. 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.
5. The Board finds that the proposed development was reviewed by the following municipal officers or agencies:

Board of Selectmen
Planning Board
Engineering Department
Utilities Department
Board of Health
Department of Natural Resources
Town Counsel
Falmouth Historical Commission
Falmouth Fire Rescue Department
Design Review Committee
Cape Cod Commission

5. The Board finds that the proposed development is shown on two parcels totalling 36.5 acres which is located within the Quashent River Coastal Pond Overlay District and located partially within a Wildlife Corridor and Water Resource Protection Overlay District. The zoning is B3 at the very front of subject properties, then a small portion is in General Residence with the remaining majority of property being in the Agricultural A zone.
6. The Board finds that the Applicant proposes 44 units which will be made up of 24 single-family dwelling units as shown on Sheet 4 of the Preliminary Subdivision Plan noted herein; and 20 condominium units as shown on Sheet 5 of the same Preliminary Subdivison Plan. Applicant proposes 6 single-family affordable dwellings and 5 condominium affordable dwellings, all to be held affordable in perpituity. The single- family dwelling units are 3 bedrooms and are shown to be in a ranch or two-story style – four different styles were submitted. The condominium units are one and two- bedroom units in a ranch or two-story style.
7. The Board finds through testimony of applicant/agent and submission of document dated October 10, 2005, and signed by John L. Druley, Trustee, Applicant. The applicant proposes wood siding on the exterior of affordable units (red cedar clapboard and white cedar shingles, or a combination of both); allowances for interior shall be the same as for market rate units and are: (1) kitchen cabinets, vanities and tops $5,000.00; (2) appliances – stove, dishwasher, hood/fan $1,000; (3) carpet and vinyl flooring material only, $15.00/sq.yard; and (4) electric light fixtures $900.00. All interior finishes will be identical with painted walls and woodwork, using Benjamin Moore paints with a combination of latex and oil. The exterior will include a deck on the back side.
8. The Board finds that the applicant proposes the 10.3 acres of subject properties as ‘Open Space’, in perpituity, as shown as Parcel ‘E’ on Sheet 5 of the Preliminary Subdivision Plan noted herein.
9. The Board finds that each dwelling unit will be serviced by a public water supply and approved septic system. Single-family dwellings will have a Title V septic system approved by the Falmouth Board of Health and installed according to Title V CMR Regulations. The condominium units will be serviced by an alternative sewage system approved by DEP and the Falmouth Board of Health.
10. The Board finds that the Applicant proposes to provide parking for condominium units as shown on Sheet 5 of the Preliminary Subdivision Plan noted herein. Said parking meets the requirements according to Section 240-108.1 of the Code of Falmouth. Parking for single-family dwellings will be on each lot.
11. The Board finds the Applicant has submitted agreements noted herein that state screening and fencing agreement with abutter, disposition of 1850 circa structure and construction phase.
12. The Board finds that the Development would not endanger public health or safety or the environment, provided that the Development satisfies all of the conditions set forth below.
13. If developed in accordance with the Conditions set forth herein, the proposed Development will be consistent with local needs.
14. The Board finds that the Applicant submitted $5,000.00 (Five Thousand Exact Dollars) for any consulting review requested by the Board for proposed.

Member McNamara made a Motion to approve Comprehensive Permit #139-05. Member Freeman seconded the Motion.


DECISION

Pursuant G.L. c. 40B, the Zoning Board of Appeals of Falmouth, after public hearing and findings of fact, voted 3 – 0 to Grant a comprehensive permit to the Applicant for the construction on the Subject Properties known as Map 30, Section 03, Parcel 007, Lot 000 (#53 Carriage Shop Rd.) and Map 30, Section 03, Parcel 010, Lot 000 (# 0 Carriage Shop Rd.) for 44 dwelling units, 11 of which will be affordable in perpetuity, with associated infrastructure and improvements, pursuant to M.G.L. Chapter 40B, Section 20 – 23, and subject to the conditions stated below. The term “Applicant? as set forth herein shall mean the Applicant, his heirs, successors and assigns. The term “Board? as set forth herein shall mean the Zoning Board of Appeals. Unless otherwise indicated herein, the Board of Appeals may designate an agent or agents to review and approve matters set forth herein.

Conditions:

1. The Development shall be constructed as represented to this Board and in substantial conformance as shown on the following plans submitted and discussed herein:

- Preliminary Subdivision Plan of Land located in Falmouth, Mass., prepared for Waquoit Village Realty Trust, consisting of pages named as Sheet 1 through 5, dated August 31, 2005 and drawn by Ferreira Associates. Plan has a Board ‘received’ stamp date of October 6, 2005.;
- Condo Floor plans – Building #1, drawn by L.F. Giampietro, AIA Architect, pages A-1 through A-3, dated 10/7/05. Plan has a Board ‘received’ stamp date of October 6, 2005;
- Condo Floor Plans – Building #2, drawn by L.F. Giampietro, AIA Architect, pages A-1 through A-3, dated 10/7/05. Plan has a Board ‘received’ stamp date of October 6, 2005;
- Condo Floor Plans – Building #3, drawn by L.F. Giampietro, AIA Architect, pages A-1 through A-3, dated 10/7/05. Plan has a Board ‘received’ stamp date of October 6, 2005;
- Condo Floor Plan – not titled, drawn by Devlin Custom Designs, dated 10/20/02, pages 1 through 4. Plan has a Board ‘received’ stamp date of October 6, 2005;
- Single-Family Dwelling (SFD) floor plan – “New Ranch Design for Quaker Homes Corp.?, drawn by L.F. Giampietro AIA Architect, dated 1/22/04, and pages T-1, A-1 through A-4. Plan has a Board ‘received’ stamp date of October 6, 2005;
- SFD floor plan – “New 26’ x 36’ Cape House For Quaker Homes? The Callahan, drawn by L.F. Giampietro, AIA Architect, revised date 3/28/97 and pages A1 through A-5 with attached sheet of framing plans dated 9/17/98. Plan has a Board ‘received’ stamp date of October 6, 2005; and
- SFD floor plan – Quaker Homes – not titled, drawn by Devlin Custom Designs, dated 1/24/01 and pages 1 through 3. Plan has Board ‘received’ date stamp of October 6, 2005.

Note: Elevations are shown on individual building plans listed above.

2. The Development shall be limited to 44 (forty-four) units. Twenty-four (24) shall be single-family dwelling (sfd) units; and twenty (20) shall be condominium units.

3. Applicant has submitted, and the Board has approved, an agreement signed by John L. Druley, Trustee for Waquoit Village Realty Trust, named “Irene’s Meadow, 1850 House and Lot A?. The applicant hereby agrees to grant lot A and the existing 1850 house to the Town of Falmouth under the direction of the Falmouth Historical Committee. This committee will agree to restore the existing house and barn and remove the damaged connector. The realty trust also agrees to grant said lot and house to a qualified benefactor of the historical committee if said benefactor is signed up by July 1, 2006. Waquoit Village Trust agrees to wait until the 2006 Fall town meeting if needed by the historical committee for any approvals by the Town of Falmouth for this Agreement. Any work to restore this house must begin no later than December 1, 2006 and be completed within 18 months of any start date. Waquoit Village also proposes that in lieu of any agreement to deed this property to either the Town of Falmouth or an ‘agreed-to benefactor’, the house and barn will be demolished and removed from the site and a pedestrian park will take its place on Lot A.

4. All 24 single-family dwelling units shall have three bedrooms. Each lot for single- family dwellings, shown as Lots 1 through 24 on the Preliminary Subdivision Plan of Land noted herein, shall have a Title V septic system installed according to CMR regulations and approved by the Falmouth Board of Health.

5. There shall be six single-family dwellings designated affordable and deed restricted in pertpetuity. A copy of said deed restriction for each affordable unit will be submitted to the Board of Appeals after being filed with the Barnstable Registry of Deeds.

6. The condominium units shall consist of either one, two or three-bedroom units and shall be serviced by an alternative sewage system installed within the condominium developed area known as parcel B as shown on the Preliminary Subdivision Plan of Land noted herein. There shall be five condominium units to be affordable and deed restricted in perpetuity. A copy of each deed showing said restriction for affordability shall be submitted to the Board of Appeals after being filed at the Barnstable Registry of Deeds.

7. Building permits for the condominium units located on Parcel B shall not be issued until approval by the Board of Health of the alternative sewage system proposed is submitted to the Board of Appeals, along with any copy of maintenance agreements pertaining to said system.

8. All affordable dwelling units designated herein shall be reserved in perpetuity for sale to households earning no more than eighty percent (80%) of the median household income according to statistics published by the U.S. Department of Housing and Urban Development (HUD).

9. To the extent permitted by law, preference for the sale of seventy percent (70%) of the Affordable units, single-family dwellings and condominium/duplex units, in the initial round of sales shall be given to persons or families who are first time home buyers and Falmouth residents; and/or (b) the parents or children of current Falmouth residents, and/or (c) employees of the Town of Falmouth or those employed within the Town of Falmouth. The local preference shall be implemented by a Lottery Agent approved by the Board. Prior to conducting the Lottery, the Lottery agent shall submit a final Lottery plan to the Board of Appeals for its approval. All costs associated with the Lottery shall be exclusively borne by the Applicant.

10. Prior to the issuance of any building permit, the Applicant shall prepare a final draft of the following and submit to the Board of Appeals for approval by Town Counsel and Board:
(a) Limited Dividend Trust
(b) Regulatory Agreement with attached Deed Rider and Monitoring Agreement
(c) Homeowner’s Association Documentation
(d) Protective Covenants
(e) Buyer’s Selection Agreement
(f) Financing from a New England Fund Member
(g) Master Deed (does not apply to sfd’s)

The above documents, (a) through (g) shall contain at a minimum the following terms:

(a) The Affordable Units shall be reserved for sale in perpetuity to households earing not more than eighty percent (80%) of the median household income;
(b) The right to purchase an Affordable Unit on resale shall be granted to the Board of Selectmen pursuant to the Deed Rider approved herein;
(c) The actual Affordable Units shall be identified in the Regulatory Agreement; and
(d) The Affordable Units shall be owner-occupied only; provided, however, that the Board may authorize the temporary rental of such units at a price affordable to a household earning not more than 80% of area median household income where the owner demonstrates that there is a bona fide reason for same, such as illness in the family, military duty, or the like.

11. All costs associated with monitoring shall be borne by the Appliant until the sale of the last affordable unit and thereafter by the sellers of the affordable units. The Board reserves the right to have submitted all financial information provided to the Monitoring Agent by the Applicant for the any audit after the initial round of sales. Any requested information will be provided to the Board by certified mail or hand delivery by Applicant.

12. The Affordable Units shall not be situated so as to be segregated from the market rate units, nor shall they be distinguishable from the market rate units. The affordable units shall have the same mix of bedrooms as the market rate units.

13. Any and all agreements to sell either the homes or the condominiums shall include a disclosure as to the location and activities of the Rod and Gun Club.

14. Applicant shall post, for pedestrian traffic, signs on the westerly side of subject properties at easement locations that state “entering active hunting and range areas?.

15. The 10.3 acres shown as Parcel E on Sheet 5 of the Preliminary Subdivision Plan of Land noted herein shall be ‘Open Space’ at the applicant’s request and as approved herein. Parcel E shall be deed restricted and said deed will be filed with the Barnstable Registry of Deeds and copy of said filing submitted to the Board of Appeals forthwith. This restricted open space shall become part of the protective covenant and Master Deed.

A. Management Issues

1. The Town Engineer shall inspect and approve the construction of the road shown as ‘Alton’s Road’ on the Preliminary Subdivision Plan of Land noted herein and all utilities installed in proposed development.

2. Pursuant to the Memo by Ray Young, submitted to file, the Town shall provide curbside pickup of trash from the homes and the condominiums within this development known as Irene’s Meadow.

3. Snowplowing by the Town of Falmouth shall be provided for homes on Alton’s Lane. The condominium Master Deed sets forth requirements for snow plowing of common driveway for condominiums.

4. The Applicant's registered professional engineer shall prepare guidelines for the operation and maintenance of the stormwater management system, subject to the approval of the Board of Appeals or its designated agent. In the event a management company is engaged, such guidelines shall be incorporated by reference in the management contract. In the event that the Applicant or its agent fails to maintain the stormwater management in accordance with such guidelines for operation and maintenance, the regulations of the Board of Health shall govern the matter, and the Applicant shall convey any easement necessary to implement such regulations.

B. Construction

5. Prior to the issuance of a building permit for any dwelling unit, the Applicant shall submit the following final information or plans for approval by the Board of Appeals or its agent:

(a) Lighting plan
(b) Landscaping and planting plan
(c) Parking plan for condominiums
(d) Grading plan
(e) Erosion control plan
(f) Dumpster locations
(g) Utilities plan including water, gas, electric, cable
(h) Signage plan
(i) Stormwater management design
(j) Final architectural plan

The reviewing agent shall provide a written final approval of the plan to the Board of Appeals. The Board of Appeals shall approve such final plan within 21 days thereafter. Such approval shall not be unreasonably withheld. The failure of the Board of Appeals to approve such final plan within the 21 day period shall be deemed a lack of opposition thereto.

6. During construction, the Applicant shall conform with all local, state and federal laws regarding noise, vibration, dust and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area. Construction shall not commence on any day before 7:00 a.m. and shall not continue beyond 7:00 p.m. There shall be no construction on any Sunday or state or federal legal holiday

7. The Applicant shall conform with all pertinent requirements of the Americans with Disabilities Act.

8. The Applicant shall promptly pay the reasonable fee of the consulting engineer and the Board's legal counsel for review of the documents or plans described herein. Applicant has submitted $5,000.00 (Five Thousand Exact Dollars) that has been deposited, by the Board, into a 53G account for this purpose. Any monies not used by the Board shall be refunded to Applicant upon completion of Irene’s Meadow as approved by the Board.

9. All homes shall be built according to approved construction phase, or sooner, as approved by the Board herein and as follows:

(a) Year 2006 – install new road (Alton’s Lane) and build eight homes (5 market and 3 affordable);
(b) Year 2007 – build twelve homes (9 market and 3 affordable);
(c) Year 2008 – build final four homes and first three condo/duplex buildings are market rate units; then all five affordable units; and
(d) Year 2009 – 2010 to complete buildout of Irene’s Meadow.

10. The affordable units will be finished and have the allowances as stated in a document submitted, signed by John L. Druley, Trustee, dated October 10, 2005, with a date ‘received’ stamp of the Board on October 26, 2005 and noted in the findings above.

11. Inspections during the construction phase shall be conducted, at the expense of the Applicant, in accordance with the Rules and Regulations of the Planning Board and Building Code Regulations through the Building Department.

12. Should the drainage system as installed prove not adequate to prevent the development from increasing ground-water elevation and adversely affecting nearby properties, the Board will, upon request of either the applicant or any neighbor, review the ground- water conditions with the interested parties and may administratively approve changes to mitigate the problem. It is intended that the development not cause any increase in ground-water elevation, over what may occur under the existing conditions, that might adversely affect nearby residents.

13. The Applicant submitted, and the Board approved, a “Screening Agreement? signed by John L. Druly, Trustee of Waquoit Village Realty Trust and abutter George Noyes on 11/23/05 and received by the Board on November 28, 2005. The applicant hereby agrees to relocate white pine trees to be used for screening purposes on the westerly side of Mr. Noyes’ abutting property line. The trees will be from 5’ to 8’ in height and will be spaced 8’ apart, staggered in a pattern and will go for approximately 200’. These trees will be transplanted before June 15, 2006, weather permitting.

14. The Applicant submitted, and the Board approved, a “Fencing Agreement? signed by John L. Druley, Trustee of Waquoit Village Realty Trust and submitted to this Board on November 28, 2005. The applicant hereby agrees to purchase and install approximately one hundred lineal feet of 6’ high fencing on the property line that is shared with Janet Wilbur. The fencing will be for screening and for protection of Ms. Wilbur’s cats from the new road.

15. No certificate of occupancy for any building shall be issued until the improvements specified in this decision and the plan of record are constructed and installed so as to adequately serve said building; and that adequate security has been provided to ensure such completion. Any such performance guarantee shall be approved as to form by the Board's legal counsel.

16. The Board of Appeals denies any fee waivers for this development.

17. The term "Applicant" as set forth herein shall mean John L. Druley, listed on documents herein as Trustee for Waquoit Village Realty Trust, 23 Green Cove Lane, East Falmouth, MA 02536, and his heirs, successors and assigns. The term "Town" shall mean the Town of Falmouth. The term "Board" shall mean the Zoning Board of Appeals. Unless otherwise indicated herein, the Board of Appeals may designate an agent to review and approve matters set forth herein to be approved by the Board of Appeals subsequent to this Decision.

18. The Applicant has requested, and the Board of Appeals has granted, the waivers from local rules set forth herein. To the extent that the Plan shows additional waivers at specific locations not expressly set forth above, these waivers may be administratively approved by the Board. Minor deviations from otherwise applicable local rules may be authorized by the Board of Appeals in the subsequent review and approval of final plans.

(a) Article II – Building Permit Limitation
(b) Section 240-19 – to allow multi-family units in AGA district
(c) Section 240-66 (d) – to allow more than one dwelling per lot
(d) Section 240-67 – to allow lot area to be less than 45,000 sq.ft and lot width less than 150 feet
(e) Section 240-68 – to waive setback requirement for Lot 1
(f) Section 240-97 – Coastal Pond Overlay District
(g) Section 240-98 – Alternative Sewage System for 24 Lots in Development
(h) Subdivision Regulation 305-14 – Environmental Impact Statement
(i) Subdivision Regulation 305-24 (B)(8) – 60 foot right of way for first 200 feet
(j) Subdivision Regulation 305-24 (D)(2) – length of dead-end street



























Decision of Comprehensive Permit Decision by Falmouth Zoning Board of Appeals Continued:



Appeal Number: 139-05

Page Number: 13 of 13



Applicant: John L. Druley (John L. Druley, Trustee, Waquoit Village Realty Trust)

Project Address: 53 Carriage Shop Rd., Waquoit Village, Falmouth, MA
Map 30, Section 03, Parcel 007, Lot 000
AND
0 Carriage Shop Rd, Waquoit Village, Falmouth, MA
Map 30, Section 03, Parcel 010, Lot 000


Action: The Board of Appeals, by their signatures below, being all present, voted as follows for the above referenced:

Vote: 3 – 0 to Grant the Comprehensive Permit as presented and approved herein with donditions.





_____________________________________ ___________________________________
Chairman Kenneth L. Swartz Date Filed with Town Clerk



_____________________________________
Vice Chair Michael Freeman



_____________________________________
Acting Clerk Matthew McNamara



Notice is hereby given that any appeal from this Decision shall be made pursuant to M.G.L. Section 17 of Chapter 40A or Section 22 of Chapter 40B and shall be filed within twenty (20) days after the date of filing of this Decision in the office of the Town Clerk.



Notes:
#139-05 / Druley / 40B Irene's Meadow/ 53 Carriage Shop Rd., Waquoit / Original Filed w/Town Clerk