HomeMy WebLinkAboutMemorandum to ApplicationArutter
March 2, 2022
1085 84-7
By Hand Delivery
Ms. Celina Villa
Office Administrator
Town of Yarmouth Zoning Board of Appeals
1146 Route 28
South Yarmouth, MA 02664
Jean L. It. Kampas
Direct Line: (508) 790-5434
Fax: (617) 310-9680
E-mail: jkampas@nutter.com
RECEIVED
MAR 0 2 2022
YARMOUTH
BOARD OF APPEALS
Re: Cape Cod Hospital and Winterberry Solar, LLC / 4, 30, 34, and 40 Bayview St.
Modification of Special Permit No. 4715
Dear Ms. Villa:
This office represents Cape Cod Hospital and Winterberry Solar, LLC (a wholly owned
subsidiary of NextGrid, Inc.), collectively the "Applicants." Cape Cod Hospital is the owner of
the properties located at 4, 30, 34, and 40 Bayview Street in West Yarmouth, shown on the
Yarmouth Assessors Map 36, Parcels 8-10 and 93 (the "Property"). The Property is located
within the B 1 and R25 Zoning Districts, and partially within the Aquifer Protection District
("APD"). Currently, the Property is used by Cape Cod Hospital as an accessory parking lot for
its adjacent hospital use, which parking lot was authorized by Special Permit No. 4715, recorded
in the Barnstable County Registry of Deeds in Book 30991, Page 58, a copy of which is enclosed
herewith.
With this proposal, the Applicants seek to construct carports for canopy -mounted solar
panels over the existing parking lot, along with three ground -mounted equipment pads and utility
poles. The proposed solar use is exempt from local zoning bylaws pursuant to G.L. c. 40A, § 3,
and the proposed solar canopy structures satisfy all dimensional requirements under the
Yarmouth Zoning Bylaw. Additionally, although some in -lot trees have been relocated, the
proposal fully satisfies the in -lot tree requirements set forth in Section 301.4.6 of the Bylaw.
Finally, the battery storage required for the proposed solar use is located outside the APD, thus,
no special permit relief is required under the APD provisions. Accordingly, no zoning relief is
required for the proposed use or structures.
However, zoning relief is necessary in the form of a modification to the prior Special
Permit for the Property, Application No. 4715. In particular, the Applicants seek to modify
Condition 1 to reflect the plans submitted herewith, and seek to modify Condition 3 to clarify
that no hazardous materials shall be stored within the portion of the Property located within the
APD. Furthermore, the Applicants will obtain any necessary licenses from the Board of Health
in connection with the proposed battery storage on the site located outside the APD.
Nutter McClennen & Fish LLP 11 1471 Iyannough Rd, P.D. Box 1630 / Hyannis, MA 02601 / T: 508,790.5400 / nutter.com
Ms. Villa
March 2, 2022
Page 2
In support of this application, we enclose the following information and materials for
filing with the Yarmouth Zoning Board of Appeals:
1. Two (2) original Yarmouth Zoning Board of Appeals Special Permit Applications
with the Abutter Lists;
2. Thirteen (13) copies of a plan set containing the Existing Conditions Plan dated
August 16, 2021 and the Site Plan dated August 16, 2021, last revised February
16, 2022, prepared for NextGrid, Inc. by BSC Group, 349 Route 28, Unit D, West
Yarmouth, MA 02673;
3. Ten (10) copies of each of the deeds to the Property, recorded in the Barnstable
County Registry of Deeds;
4. Two (2) copies of previous Zoning Board of Appeals Decisions Nos. 4715, 4354,
3899, and 2405;
A check in the amount of $208.96 payable to the Town of Yarmouth, which
represents the $200 filing fee plus the cost of postage of notice to abutters
(excluding duplicates).
In addition to these materials, please note that we are still working on finalizing the
photometrics plan for this proposal, and will submit that as soon as possible.
We would request that this application be scheduled for the next available Zoning Board
of Appeals hearing, preferably the March 24, 2022 meeting, if possible. Kindly let us know
which date it will be heard so that we may mark our calendars accordingly.
Please do not hesitate to contact us with any questions, comments, or should you require
any additional information with this filing. Thank you very much for all of your assistance.
Very truly yours,
Enclosures
cc: Cape Cod Hospital and Winterberry Solar LLC, Applicants
5464485.1