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Home My WebLink AboutDecision 3899of,'l1.i:?`Et 1-;-. 18805 Pni 292 T54215 O a I0-2o tn4 11 _ 2 C TOWN OF YARMbUTI 8" r y BOARD OF APPEALS y'' r,ic Fty N O T DECISION NOT 1 i AN AN OFFICIAL OFF Id I - •' , - COPY COPY FILED WITH TOWN CLERK: June 9, 2004 N 0 T N O T 6L. . PETITION NO. 4 # 38X9 N AN HEARING DATE: F 12f404A L OFFICIAL yU p COPY PETITIONER:Cape Cod Hospital PROPERTY: 30, 34, 40,50, (and 1 un-numbered lot) Bayview Street Assessors Map: 36, Lot: 3,8,9,10,11 Zoning District: R25 & B1 MEMBERS PRESENT AND VOTING: David Reid, Chairman, Joseph Sarnosky, Sean Igoe, Robert Reed, Douglas Campbell. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner seeks, in the alternative, variances or Special Permits, as needed, in order to combine several lots and extend existing parking lot use to the entire unified parcel. The lots except for Lot 3)are located in the R25 zone. Lot 3 is located in the B1 zone. CS 040 The proposed parking lot would be used for doctors only, while working at the hospital. The c existing adjoining parking lot would remain in use as presently configured. Commercial parking i lots(L2)are not allowed in residential zones, but are allowed in the B1 zone. In addition, all lots except Lot 3) have the benefit of prior relief, allowing their use for hospital related activities. All of the lots, except Lot 3 and Lot 11, are already in use as parking lots. Therefore, the only lot in need of any new relief is Lot 11. Lot 11 was the subject of a prior decision, which allowed it to be used for various hospital accessory uses(see#2405-1987). As shown on the petitioners Parking Lot Site Plan(dated 5/24/04),they propose to construct a 44 space parking lot. Each end of this lot would be gated, to limit its use to physicians. The southerly entrance-way would be a one-way lane, for entering vehicles only. This would help control the flow of vehicles and reduce the impact on the adjoining residential properties. All buffers would conform to the bylaw, except that the petitioner seeks relief from the requirement of planting trees in the easterly edge/buffer, adjoining the cranberry bog. The petitioner also seeks relief from the handicapped parking space requirements. The petitioner represents that the hospital site already has more handicapped parking spaces then the use requires, and they are located close to handicapped accessible entrances. This site is a remote location, not readily available for handicapped use. 1 Bk 18805 Pg 293 #5421 The only opposition voiced to the proposal was from the immediate residential abutters. The abutter, Mr. and Mrs. Odams, have been in discussions with the hospital's representatives for some time on this project. T 1 In particular, the abutter requests that no conifer trees be used in the buffer, because of Mrs. 'ban; allergies to such trees.N fheTabutters also seek to keep thevehiclesandtheirexhaustAlomthehome, for si nificAt1ealth reasons. OFFIIAL OFFICIAL The Board finds that the p?oios 'd use does provide anCovQrr?dii g public benefit by helping tofacilitatetheoperationofthishospitalforthetownandtheregion. The actual traffic flow will not be significantly incrls6l i?n the neighborhood, as tlik pettioner is going to eliminate the existing doctor's parking a ;albn the hospital site as part olPitjending renovations. Further, all of the parcels affUetEd Wirel alkallyAinLuse, or all®wEd 8o betas&d,Afot this or hospital related services. As to Lot 11, 8 spri&s ire to be located there. B'hh elRislfng use has 3-4 vehicle spaces. The proposal will eliminate the non-conforming house and its septic system, which is in close proximity to the cranberry bog and wetland delineation. Its drainage would be channeled awayfromthewetlands. The Board finds that the use proposed is allowed, currently, on all but Lot 11. By eliminating the existing hospital related accessory use on Lot 11, and adding this hospital related use to it, it was found that the effect would not be more detrimental to the neighborhood, nor would it cause any undue nuisance, hazard or congestion in the neighborhood, nor would this be inconsistent with the previously granted relief for that site, with certain conditions. The Board also finds that special circumstances exist relative to this property such that the intent and purpose of the bylaw would not be served by requiring the planting of trees in the easterly buffer, adjoining the wetlands/cranberry bog, which would require additional disturbance of this resource area and would serve no useful purpose, as the adjoining land is the overgrown bog, also owned by the petitioner. Similarly, the Board finds that it would be an undue hardship to require handicapped accessible parking spaces in this lot. Given the fact that the parking lot is practically inaccessible to handicapped users and the ample, more accessible, spaces are already provided on the hospital site itself. The intent and purpose of the bylaw would not be furthered by requiring additionalspaceshere, under the circumstances. Therefore, a motion was made by Mr. Igoe, to amend the existing special permit for Lot 1142405), to allow this additional accessory parking for hospital (Doctors) use, on the condition that the petitioner comply with its representations made herein, and on the following further conditions. 1) a drainage easement will be granted to the town, as represented and as shown on the petitioners plans, to control the runoff from the road and lot, 2) the lighting to be as represented in conformance with the Cape Cod Commission bulletin/standards, including that the poles not be more then 20' tall and be shielded and guarded so as not to spill over on to the adjoining residential property, and the light poles for the southerly portion of the site will be located as far from the residence as possible, 3) the southerly most buffer be constructed with non-conifer evergreen trees and shrubs, 2 Bk 18805 Pg 294 #5421 4) the first space near the southerly entrance (closes to the residence) be eliminated and made part of the buffer area, provided that this condition maybe eliminated if the adjoining lot ceas N to bZe used as a separately owned private residence, 5) the southerly curb At will be a one-way travel laneAearance only, and both ends of this lot will be Vattd tFo control itS u , OFFICIAL COPY COPY 6) all lots be combined so as to eliminate interior lot lines N O T N O T Further, to grant a Varianc8$ifim the requirements of§3012M.41, relative to new tree plantings in the buffer abuttingOthb'e anbeRy bog,mid a Variarfaefro8h theCbytavAreiquirements for additional handicapped accessibleCparkTgYwithin this new parking ae' (based upon the petitioners representations that adequate conforming and more useful handicapped parking spaces are already provided elsewhere on the hospital site). On this motion, seconded by Mr. Reed, the members voted unanimously in favor. A second motion was made by Mr. Igoe, also seconded by Mr. Reed, to allow the petitioners request to withdraw without prejudice, all remaining forms of relief requested in the petition. The members voted unanimously in favor of this motion. 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 MGI, 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 excised within 12 months. (See MGL c40A §10) David S. Reid, Clerk 3 Bk 18805 Pg 295 #5421 oq COMMONWEALTH OF MASSACHUSETTS IkL ` fio NOT TOWN OF YARMOJTTT AN BOARD OF APPEAESN OFFICIAL OFFICIAL COPY COPY NOT NOT AN AN Appeal#3899 OFFICIAL O F F I C I Itg; June 30, 2004 COPY COPY Certificate of Granting of a Special Permit& Variance General Laws Chapter 40A, section 11) To:Cape Cod Hospital Address: 27 Park Street Town: Hyannis, MA 02601 Affecting the rights of the owner with respect to land or buildings at: 30, 34, 40, 50 and one un-numbered lot, Bayview Street, West Yarmouth. Assessor's Map: 36, Parcel: 3,8,9,10,11 (23/A3,A4,A5,A6, S1) Zoning District:R25 & B1 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 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 and 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 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. je'("--- Th ef-t-0 David S. Reid, Chairman Bk 18805 Pg 296 #5421 tAIP4VI, TOWN OF YARMOUTH,; i N O T N O T Town 1146 ROUTE z8N SOUTH YARMOUTH, MAS ICHUSETTS 02664-24451 Clerk 0 FTEleThone(5Q8) 198-2231 ext021IS Flax f5( 3) 49eA231§5 COPY COPY NOT NOT AN AN OFFICIAL OFFICIAL COPY COPY CERTIFICATION OF TOWN CLERK I, Jane E. Hastings, 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 #3899 and 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. Ia[.d dii.,A110 s M1, 0., azng CMC / ti 9 0 _. ti_'. ..? IARNSTABLE REGISTRY OF DEEDS