HomeMy WebLinkAbout116 PB Special Permit WITHDRAWAL 020123 TCFILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
PLANNING BOARD
DECISION
February 1, 2023
Special Permit 116
YARMOUTH TOWN CLERK
123FEBipM4:05 REC
May 18, 2022, and continued to July 6, 2022, August 3,
2022, September 7, 2022, and January 18, 2023
The Davenport Companies, 20 North Main Street, South
Yarmouth, MA 02664
The Roman Catholic Bishop of Fall River, 450 Highland
Ave, Fall River, MA 02720-3701
PROPERTY: Un-numbered lot off Route 6A, Yarmouth Port, MA
Assessor Map 125, Parcel 39
Zoning District: R-40
MEMBERS PRESENT AND VOTING: Chair Joanne Crowley, William Rubenstein, Susan
Brita, James Saben, Christopher Vincent and Brad Goodwin
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
Cape Cod Times, the hearing opened and held on the date stated above.
The Applicant seeks a Special Permit pursuant to the provisions of Yarmouth Zoning Bylaw
Section 103 and Section 402 to create a 14-lot single-family cluster subdivision on a 15.3-acre
parcel off Route 6A in Yarmouth Port, currently owned by the Roman Catholic Bishop of Fall
River. The un-numbered parcel is located on the south side of Route 6A across from Hockanom
Road and between Kencomsett Circle and Outward Reach. The parcel is currently wooded and
undeveloped, but includes a 180' wide electrical transmission easement as well as an easement for
the Town of Yarmouth watermain. The property is located in the R40 zoning district and is not
within the Aquifer Protection District (APD) or Zone 2 of any drinking water wells.
Significant Planning Board and public comment was received on the layout of this cluster
subdivision at the May 18, 2022 Public Hearing. The main issues identified were traffic safety,
location of the access off Route 6A, environmental concerns regarding nitrogen loading to the
impaired Bass River watershed, and the amount of clearing and lack of new landscaping.
Subsequently, the applicant revised the layout and design of the subdivision and resubmitted as
Definitive Subdivision 2936C and Special Permit 117.
Yarmouth Planning Board Decision, Petition #116
Therefore, at the hearing on January 18, 2023, the Petitioner requested that this application be
withdrawn without prejudice. On a motion by Susan Brita, and seconded by Chris Vincent, the
Planning Board voted unanimously (6-0) to grant the request to withdraw without prejudice
Special Permit 116, with Brad Goodwin, Jim Saben, Will Rubenstein, Chris Vincent, Susan Brita,
and Joanne Crowley voting in favor.
JoaiWe Crowley, Chair
Yarmouth Planning Board P YARMOUTH TOWN CLERK
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