HomeMy WebLinkAboutPublic Comment from Tara NyeTo Jake Dewey and the ZBA
Attn: Anna Brigham
Re: Proposed Great Marsh 40B
During the ZBA hearing on January 14, 2026, the applicant indicated that “it is preferred to have
a four way intersection versus a three way intersection,” which is why they proposed the access
drive to be across from Juniper Road. This could be the case if the intersection is improved, for
example with stop lights or a roundabout, neither of which is being proposed. Otherwise, a three
way intersection is safer as seen in the graphic below; there are only 9 conflict points in a three
way intersection whereas a four way intersection has 32 conflict points. Additionally, having a
road directly across Great Marsh Road from Juniper Rd would have an adverse impact on the
Wequaquesset Beach Estates Association neighborhood and the residents who walk the narrow
streets. For these reasons, among others stated in earlier comments, I encourage the applicant
locate the access drive closer to Phinney’s Lane.
The supplemental information indicates that the “exiting traffic from the proposed development
is intended to travel either left or right onto Great Marsh Road.” It does not matter what is
intended, the reality is that exiting traffic will go straight across Great Marsh Rd onto Juniper
Road impacting that small neighborhood with narrow roads. I request that the applicant provide
physical incentives to prevent exiting traffic from going straight onto Juniper Road, such as a
sign for Juniper Road that says “Not a through way.” Adding a stop sign and stop bar (aka a
painted line of the road) will do nothing to minimize this impact.
I would also request that there are conditions included in the permit that require local residents
to have preference on renting and owning units in this proposed 40B.
Sidewalks along Great Marsh Road and Phinney’s Lane have been requested in previous
comments, which would go a long way towards public safety. Minimally a sidewalk from the
emergency egress on Phinney's Lane to the existing sidewalk on Route 28 is necessary.
The developer is going to impose this “out of character” dense development on this area of
Centerville, permanently changing the character of it, and give us nothing in return. Reducing
the impact on adjacent neighborhoods, constructing sidewalks, and maintaining and enhancing
the vegetated buffer along Great Marsh Road would go a long way towards some good will.
I would add, specifically to the Town and the ZBA, that there is at least one other 40B coming
down the pipeline closer to the Bell Tower Mall, and if possible to consider the cumulative
impact of these “out of character” developments, as opposed to reviewing them in isolation.
I respectfully request the ZBA not grant the Applicant’s request to waive the local stormwater
management permit. It is important to have local oversight of the design and construction of
stormwater management systems.
Additionally, I suggest the following conditions be included if the proposal is approved:
● The developer install sidewalks along Great Marsh Rd and Phinney's Lane to improve
safety for pedestrians. The proposed development will substantially increase foot traffic
increasing the risk to both drivers and pedestrians. This safety hazard could be readily
mitigated with the addition of sidewalks along both Great Marsh Rd and Phinney’s Lane.
● The Applicant will coordinate with the Town to provide pedestrian connectivity between the
sidewalks along Great Marsh Road and Phinney’s Lane and the project. These connections
will be shown on the Construction Site Plans for the Project.
● Providing a pedestrian route through the development, via Richardson Road, to the
commercial areas on Route 28 would improve safety and reduce automobile use by
residents of the development as well as nearby neighborhoods.
● At least 20% of the dwelling units in the project shall be reserved in perpetuity as Low or
Moderate Income Housing restricted for lease and occupancy by Income Eligible
Households as these terms are defined in 760 CMR 56.02.
● The water, wastewater, and stormwater management systems servicing the buildings shall
be installed and tested in accordance with applicable Town standard requirements and
protocols.
● No construction activities for the Project shall commence on the Site until the Applicant has
provided to the Building Commissioner and Stormwater Manager a final Stormwater
Pollution and Prevention Plan (SWPPP) and an erosion and sediment control plan to
address specific sedimentation, erosion and dust control, which illustrates, at a minimum,
locations of measures such as hay socks, silt fence, sedimentation basins, and all other
erosion controls on the plans, and provides detailed construction sequencing and methods
to protect the infiltration capacity of each infiltration system.
● No construction activities for the Project shall commence on the Site until the Applicant has
obtained coverage under the National Pollutant Discharge Elimination System Construction
General Permit (NPDES) from the United States Environmental Protection Agency and the
final SWPPP is posted at the site.
● The bottom of all infiltration basins shall consist of 6” of peastone over 6” of sand over the
parent soil layer. As part of the operation and maintenance plan, if the infiltration basin does
not infiltrate as designed due to clogging, corrective action shall be taken such as replacing
the peastone and/or sand layers. Additionally silt-laden stormwater runoff or the discharge
of other pollutants from the site entering Town roadways is prohibited, as it is a violation of
the Town’s Stormwater Management and Illicit Discharge Control bylaw (Chapter 185).
● No construction activities for the Project shall commence on the Site until the Applicant has
submitted to the Stormwater Manager a stand-alone Operation and Maintenance Plan
designed to ensure compliance with the Permit and these regulations for the life of the
system. The Operation and Maintenance Plan shall remain on file with the Stormwater
Authority and shall be an ongoing requirement. The Applicant shall provide copies of the
Operation and Maintenance Plan to all persons responsible for maintenance and repairs.
The Operation and Maintenance Plan shall include:
○ The name(s) of the owner(s) for all components of the system;
○ A map showing the location of the systems and facilities including all structural
and nonstructural stormwater best management practices (BMPs), catch basins,
manholes/access lids, pipes, and other stormwater devices.
○ Maintenance Agreement that specifies
■ The names and addresses of the person(s) responsible for operation and
maintenance and emergency repairs;
■ An Inspection and Maintenance Schedule for all stormwater management
facilities including routine and non-routine maintenance tasks to be
performed. Where applicable, this schedule shall refer to the Maintenance
Criteria provided in the Massachusetts Stormwater Handbook;
■ Instructions for routine and long-term operation and maintenance shall
have sufficient detail for responsible parties to perform necessary
maintenance activities and prevent actions that may adversely affect the
performance of each structural and/or nonstructural stormwater BMP; and
■ The signature(s) of the owner(s) and all persons responsible for operation
and maintenance, financing, and emergency repairs, as defined in the
Maintenance Agreement, if maintenance is to be performed by an entity
other than the owner.
● The Applicant shall notify the Stormwater Manager at least two (2) working days before
each of the following events to provide opportunity for inspection:
○ 1. Erosion and sedimentation control measures are in place and stabilized;
○ 2. Site Clearing has been substantially completed;
○ 3. Rough Grading has been substantially completed;
○ 4. Final Grading has been substantially completed;
○ 5. Close of the Construction Season; and,
○ 6. Final Landscaping (permanent stabilization) and project final completion.
● Erosion control shall be employed on the Site to stop erosion during construction and
prevent sedimentation from entering the abutting public ways and adjacent wetland
areas.
● During construction the Applicant shall ensure that dewatering activity does not create
(a) offsite issues or (b) problems for the proposed stormwater recharge system.
● No construction workers or contractors may park on the public ways adjoining the
Project site. Trucks and other construction related vehicles shall not idle or queue in
public ways.
● Upon completion of the Project, soil material used as backfill for pipes, access drives,
infiltration beds, and other underground drainage structures shall be certified by the
Engineer of Record to the Building Inspector as meeting design specifications.
● To the maximum extent permitted by law, and applicable regulation local preference for
the occupancy of the Affordable Units shall be given to residents of the Town satisfying
all applicable eligibility requirements. For the purpose of this condition, and subject to
any legal requirements, "residents of the Town" shall, to the extent not otherwise
prohibited or limited by the provisions of relevant governing regulations or requirements,
include, but not be limited to, the following: current Barnstable residents; employees of
the Town, Barnstable Public Schools; and members of the household of children
attending the Barnstable Public Schools. This Condition shall be enforceable only to the
extent the local preference requirement set forth herein is approved by the Subsidizing
Agency based on information that the Town shall be responsible to provide in
accordance with the requirements of EOHLC set forth in its Chapter 40B Guidelines. The
Board generally seeks preference within residents for employees of Town and Schools
and Veterans.
● The Affordable Units shall have similar amenities as the market-rate units and the
Subsidizing Agency shall approve the distribution of the Affordable Units throughout the
Project.
● Accessible units shall be provided in accordance with CMR 521. Such units shall be
spread throughout the development and constructed in proportion with remaining units.
● The Applicant shall retain a buffer, of at least 10 ft, of as much of the existing vegetation
as possible along Great Marsh Road and add additional native plants as necessary to
provide a screening buffer along a portion of the Project’s boundary with neighboring
homes located on Great Marsh Road and Phinney’s Lane.
● Prior to issuance of the final certificate of occupancy, the Applicant shall submit a report
from a registered Professional Engineer (PE), surveyor, or Certified Professional in
Erosion and Sediment Control (CPESC), certifying that all erosion and sediment control
devices, and approved changes and modifications, have been completed in accordance
with the conditions of the approved permit. Any discrepancies from the approved project
intents and plans should be noted in the report. The Stormwater Permitting Authority
shall issue a letter certifying completion upon receipt and approval of the final reports.
● Prior to issuance of the final certificate of occupancy all catch basins and detention
basins shall be cleaned at the end of construction. Thereafter, the Applicant shall be
responsible for maintaining the site's stormwater management system in accordance
with generally accepted practices in compliance with the Operation and Maintenance
Plan described earlier.
● Prior to issuance of the final certificate of occupancy, plantings and revegetation shall be
completed in accordance with the Landscaping Plan(s).
● Following completion of construction, the Applicant shall file an annual Operation and
Maintenance Report with the Stormwater Manager documenting the work that has been
done over the last 12 months to properly operate and maintain the stormwater control
measures.
● Prior to issuance of any Building Permits, the Applicant shall submit final construction
plans for all buildings, roadways, stormwater management system, and other
infrastructure to Barnstable town staff or officials for final comprehensive permit review
and approval pursuant to 760 CMR 56.05(10)(b).
● Prior to issuance of any Building Permits, the Applicant shall submit a Landscape and
Planting Plan and a Lighting Plan with detailed photometric lighting plans and Dark Sky
compliant fixtures.
● The Applicant shall submit a plan showing a sidewalk connecting the development to
Route 28 along Phinney’s Lane. The connections and the associated sidewalk
improvements will be designed and constructed as a part of the Project commensurate
with the construction phase that includes the roadway infrastructure connections to these
roadways and subject to receipt of all necessary rights, permits and approvals.
Thank you for the opportunity to present comments.
Sincerely,
Tara Lewis