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HomeMy WebLinkAbout01-28-21 Decision 4874-D-Y Regional School DistrictFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: #4874 TOWN OF YARMOUTH BOARD OF APPEALS DECISION February 23, 2021 January 28, 2021 PETITIONER: Dennis Yarmouth Regional School District Carol Woodbury, Superintendent 296 Station Avenue, South Yarmouth, MA PROPERTY: 296 & 276 Station Avenue South Yarmouth, MA Zoning District: R-40 and APD Map & Lot#:0078.315 & 0078.316 Book/Page: 906/486 A TRUE COPY ATTEST: TOWN CLERK MAR 18 2021 MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman, Sean Igoe, Dick Martin, Tom Baron and Tim Kelley. 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 Register, tlke hearing opened and held on the date stated above. The Petitioner is the Dennis Yarmouth Regional School District which seeks relief in connection with property located at 276-296 Station Ave., South Yarmouth MA, property located in an R-40 & APD Zoning District. The relief sought relates to a component of a larger project that will add a new school structure at the location. In order to provide the necessary parking spots for those using the new facility ( and particularly those using the auditorium space), parking must, as a practical matter be located to the front of the structure. Additional relief is sought in connection with the location of an emergency access road which, for a short length of its distance, encroach into the required 20' vegetated buffer to the rear of the property in an area where such a minor encroachment as proposed will have little effect. The project had been well vetted through the Site Plan Review process and the Board collectively agreed that the relief sought in connection with the proposed parking expansion and location would not result in any undue hazard, nuisance nor congestion nor be detrimental to the present and future character of the neighborhood or Town. A roll call vote was taken on a Motion by Mr. Igoe, seconded by Mr. Baron to allow the grant of a Special Permit concerning the parking relief sought by the Petition and on the sole condition that any new lighting to be installed is not to be allowed to be projected beyond the property. On this Motion the Board voted as follows: Mr. Igoe -aye Mr. Kelly -aye Mr. Martin -aye, Mr. Baron -aye and Mr. DeYoung-aye. The Board then considered the request for a Variance in connection with the relocation of the emergency access road which, if built as planned, would encroach into the buffer area to the rear of the property. The Board was persuaded by the fact that there is no impact to any abutting neighbor should the road be, in part, located within the buffer. The relief is necessary due to the shape and topography of the property and is a detriment to the Petitioner if not allowed as the project would not be able to proceed without this necessary access road. It was felt that the relief, if granted, would not derogate from the meaning and intent of the by-laws. Mr. Igoe moved to approve the grant of Variance as prayed for by the Petition which Motion was seconded by Mr. Baron. On this Motion, the Board members voted as follows: Mr. Igoe -aye, Mr. Kelly -aye, Mr. Martin -aye, Mr. Baron - aye and Mr. DeYoung-aye. Accordingly, the Petitioner was granted a Special Permit on the condition stated and a Variance as prayed for by the Petition. On this Motion the Board voted as follows: Mr. Igoe- Aye, Mr. Barron- Aye, Mr. Kelley- Aye, Mr. Martin- Aye and Mr. DeYoung- Aye. 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. Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw § 103.2.5, MGL c40A §9) Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not exercised within 12 months. (See MGL c40A§ 10). This Decision must be filed with the Barnstable County Registry of Deeds, Route 6A, Barnstable. �.. 24� Steven S. De dung, Chairman a TRUE COPY ATTEST: 'TOWN CLERK MAR 18 2021 2 7 -e COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH ` BOARD OF APPEALS I-�. _ , z Appeal ##4874 Date: March 16, 2021 Certificate of Granting of a Special Permit and Variance (General Laws Chapter 40A, section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit and Variance has been granted to: PETITIONER: Dennis Yarmouth Regional School District c/o Carol Woodbury, Superintendent 296 Station Avenue, South Yarmouth, MA Affecting the rights of the owner with respect to land or buildings at: Properties: 296 and 276 Station Avenue, South Yarmouth; Zoning District: R-40 & APD; Map/lot#:0078.315 & 0078.316; Book/Page: 9061486 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit and Variance, and that copies of said decision, and of al plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or Variance or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision hds been filed in the office of the Town Clerk and no appeal has been filed or that, if such 'appeal 'has, been filed, that it has been dismissed or denied, is recorded in the Registry of ADeeds for the county and district in which the land is located and indexed in the grantor index under the name of`the owner of record or is recorded and noted on the owner's certificate of title. the fee for such recording or registering shall be paid by the owner or applicant. tes eri S' W ng, Chairman TRUE C Y ATTEST: WN CLERK MAR 1 8 2021 TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK 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 #4874 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 T6wfi'Clerk MAR 18 2021 A TRUE COPY ATTEST: . al TOWN CLERK BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register