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Home My WebLink About4967 482 Buck Island Road Decision Certified 08.30.22 'Y.q """ k,1 TOWN OF YARMOUTH BOARD OF APPEALS r DECISION trraco ' - -- -A TRUE COP` ATTEST FILED WITH TOWN CLERK: August 9,2022 PETITION NO: 4967 VIM C 1 Ch INN CLERK MS 3 0 2022 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. t4(i)*a).NA410421 Mary A. Mashiwski AUG 3 0 2022 e:1:715)) Y ATTEST: rw!tr i 4,61CICMCINM-CLERK AL6 3.O'202Z -61'Y'. it COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH _fi,o BOARD OF APPEALS _,,,,) ti Petition #: 4967 Date: August 30,2022 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Town of Yarmouth 1146 Route 28, South Yarmouth,MA 02664 Affecting the rights of the owner with respect to land or buildings at: 482 Buck Island Road,West Yarmouth, MA; Map #: 46; Parcel#: 24; Zoning District: R-40 & Aquifer Protection District; Book/Page: 3578,230 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 copies of said decision, and of all 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 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 has 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 Deeds 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. )4.=..,.t311440. Steven DeYoung, Chairman A TRUE COPY ATTEST: • Ttiekta Aitdthti-44 CMMC/CMC/ 11:WN CLEF;K • AUG 3.42022