HomeMy WebLinkAbout4967 482 Buck Island Road Decision TC 08.09.22 TOWN OF YARMOUTH
3ti C BOARD OF APPEALS
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FILED WITH TOWN CLERK: August 9, 2022
PETITION NO: 4967
HEARING DATE: July 28,2022
PETITIONER: Town of Yarmouth
PROPERTY: 482 Buck Island Road,West Yarmouth,MA
Map 46, Parcel 24
Zoning District: R-40 & Aquifer Protection District
Title: Book 3578,Page 230
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe,Jay
Fraprie, Dick Martin,John Mantoni.
Notice of the hearing was 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 was held on the date stated above.
The petitioner is the Town of Yarmouth which seeks to modify Special Permit Number 1936 which
granted approval to use property located at 482 Buck Island Road, West Yarmouth, MA for
recreational use. This property is in a R-40 zoning district and within the Aquifer Protection
District. Specifically, the petition seeks to replace an existing 2500 square-foot playground with
an inclusive playground(less than 9000 ft•2)and a splash pad facility. The plan was well explained
by Ms. Amanda Lima, Town Engineer, who answered all of the Board's questions satisfactorily.
All members of the Board were in agreement that the new Park will not only allow for more people
to attend but also will be inclusive for persons with disabilities. The playground will be an upgrade.
to a more modern facility which will include a "splash pad". The completed Park will include a
splash pad with an excellent plan for water recapture and treatment along with appropriate erosion
control for water runoff from the facility to adjacent properties.
The proposal was vetted by way of a Site Plan Review which cited 2 concerns about the size of
the parcel remaining under 1 acre and that the stormwater management be submitted for approval
and permitted. Several people spoke primarily so as to obtain information rather than to support
or oppose the project.No exhibits were received at the hearing.
The Board listened to the concerns of those that spoke and identified its own concerns. Mr. Igoe
raised concerns about the available parking. Mr. DeYoung raised concerns about people not
parking on the side of the roadway.A neighbor raised concerns about the safety of people crossing
the street at that location. All concerns were addressed within the decision.
Though proximate to a residential area,the Board believed that the grant of the modification to the
Special Permit as requested by the petitioner would not cause any undue hazard, nuisance nor
congestion nor would it be detrimental to the current or future character of the neighborhood or
Town,provided certain conditions were added to the amendment. These conditions are as follows:
1. That the hours of operation of the splash pad be limited to 9 AM to dusk; 2. That No Parking
signs be installed along both sides of Buck Island Road in the area of the entrance to the Park so
as to forestall people from parking on the shoulder of the road; 3. That room for 50 parking spaces
be designated as "Future Reserved Parking Spaces"; 4. That a crosswalk be added to allow safe
crossing of pedestrians from the side of Buck Island Road adjacent to the entrance to the Park; 5.
That all plantings as shown on the planting plan be installed prior to occupancy; 6. That a
determination be made as to the maximum occupancy of the site once the new construction has
been completed and that the Town assure that this maximum occupancy is not exceeded; that the
petitioner has the Board of Health review any changes to the construction of the Park differing
from that as shown on the plans submitted to the Board and that any substantial change be reviewed
by this Board; 7. That the petitioner obtain the Board of Health input as to whether there is any
effect on the Aquifer Protection District due to this proposed change of use and, if so, that the
petitioner return to this Board with any suggestions made by the Board of Health; and there be a
review before this Board with the petitioner present one year following completion of the Park. A
motion was made by Mr. Martin, seconded by Mr. Fraprie to approve the modification of Special
Permit number 1936 by adding these conditions. On this motion made and seconded the Board
proceeded with a roll call vote as follows: Mr. Martin-Aye;Mr. Igoe-Aye;Mr. DeYoung-Aye;Mr.
Mantoni- Aye; and Mr. Fraprie-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)
Steven DeYoung, 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 #4967 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