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HomeMy WebLinkAbout5003 Riverwalk Park Boardwalk Decision Certified 03.10.23YARMOUTH TOWN CLERK FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY: TOWN OF YARMOUTH BOARD OF APPEALS DECISION March 10, 2023 5003 February 23, 2023 Town of Yarmouth Un-numbered Town -owned lot abutting 669 Route 28, West Yarmouth, MA Map 24, Parcel 92 Zoning District: R-25 Title: Book 5742, Page 175 '23MARIOAM9:24 REC MEMBERS PRESENT AND VOTING: Steven DeYoung, Sean Igoe, Richard Martin, and Jay Fraprie 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 Petitioner is the Town of Yarmouth which seeks approval for a Special Permit in connection with unnumbered lots abutting 669 Route 28, West Yarmouth, MA (part of the old Drive -In property). This property is in an R-25 zoning district and the Petitioner seeks to change its use to N-9, municipal recreation use. On behalf of the Town, Kathy Williams, Town Planner, appeared along with the landscape architect and planner for the proposed project, Arek Galle. The Town proposes that it be allowed to install 1300 linear feet of a six -foot -wide walkway which will include handicap access ramps, overlooks and benches. In order to do so, the Town needs a Special Permit to allow for municipal recreation use within this zoning district. The presentation by the Town's representatives was well done. Pictures., -'drawings and renderings have been provided to the Board and the public had the opportunity to review these materials prior to the meeting. Ms. Williams pointed out that similar uses are allowed within the zoning district VCOD-1. There were several people in opposition to the petition. Read into the record was a letter from Judy Lass and a letter from Bob and Dianne Autenzio, both setting forth that they had concerns that the boardwalk would interfere with the peace and enjoyment of their property and their spectacular view would be compromised. A TRUE COPY ATTEST: FhAu'a Aq&v_� INWI V / 'NC /TOWN CL t:iC MAR 3 1 2023 Jim Saben, Chair of the Drive -In Site Utilization Committee, spoke well of the proposed project as being the best use for this property particularly after several years of attempting to identify its use. Kevin Deschene, a neighbor to the site, raised concerns in opposition primarily relating to what he thought would be a compromise of his view and indicated that he paid $1 million dollars for his property and wasn't intending to give the view away. Michael Wolinsky, a neighbor to the location, also spoke in opposition citing his concerns relating to the view, particularly being compromised by a 13-foot-high boardwalk. He also expressed concerns about the impact to the marsh. Another neighbor, Richard Bilski, spoke in favor of the project generally, but expressed caution as to the process that needs to be completed at the state level. As well, he expressed concern that it was only at the l 1 `h hour that a topographical and vegetation plan was provided to the Board shortly before the meeting. After all who wished to speak had the opportunity to do so, the Board then began its deliberations. The general consensus was that the project was a benefit to the Town and that the change of use designation from R-25 to N-9 for the parcels at issue would not create any undue hazard, nuisance nor congestion and was an appropriate and good use of municipal property which would allow all residents of the Town and guests to enjoy the views from the property. It would not change the character of the neighborhood or Town, either now or in the future. The Board members concurred that the use of this Town owned property, as proposed, was a good use and would not have a negative impact as those who spoke in opposition fear. It would open this wonderful vista to all people of the Town of Yarmouth and guests. A motion was made by Mr. Igoe, seconded by Mr. Martin, to grant the relief as prayed for subject to there being a 1-year review after completion of the boardwalk so as to consider limitations on hours of operation and the possible need for additional plantings. A roll call vote was taken on this motion, with the stated condition, with all members voting in favor of the motion. Accordingly, this Special Permit was therefore granted. 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 Variance shall lapse if a substantial use thereof has not begun within 12 months. (See MGL c40A § l 0) Steven DeYoung, Chair A TRUE COPY ATTEST - NA96� CtO f 'U,C / MAR 3 12023 CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, Town Clerk, Town of Yannouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #5003 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 MAR 3 1 2023 A TRUE COPY ATTEST MAR 3 12023 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5003 Date: March 31, 2023 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 Affecting the rights of the owner with respect to land or buildings at: Un-numbered Town -owned lot abutting 669 Route 28, West Yarmouth, MA; Map 24, Parcel 92; Zoning District: R-25; Title: Book 5742, Page 175 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. Steven DeYoung, Chair A TRUE COPY ATTEST: MAR 3 12023