HomeMy WebLinkAbout5068 473 Station Ave Colbea Attorney Narrative
TOWN OF YARMOUTH
ZONING BOARD OF APPEALS
AMENDED SPECIAL PERMIT AND AVARIANCE APPLICATION
Applicant: Colbea Enterprises, LLC
Owner: Sandy Island, LLC
Property: 473 Station Avenue, South Yarmouth, MA
Introduction
The Board of Appeals granted special permit and variance relief in Appeal # 4801 to allow development
of a new Seasons Corner Market-Shell Gas Station at the Property. One condition of the approval was
that certain existing trees along the Property boundaries be maintained. This unfortunately did not occur.
During initial construction, the contractor determined that because of the loose, sandy soil on the site, it
was not feasible to safely dig the excavations required for construction without destroying the root
systems of the trees. He subsequently removed existing trees which were to be preserved without prior
approval. The Building Commissioner issued a Violation Notice dated October 17, 2023, ordering the
Applicant to either restore the landscaping or apply to the Board for further review. Since the prior trees
cannot be restored, the Applicant is submitting this application along with a restoration landscape plan for
the Board’s consideration.
The approved landscape plan originally showed thirty-five (35) existing trees to remain, with six (6) in
front between the driveways, nine (9) on the left side, and twenty (20) along the right side. During site
clearing all of the trees in front were removed, all but one on the left side was removed, four (4) removed
on the right side. Thus, of the thirty-five (35) trees to remain, eighteen (18) were removed without
permission and seventeen (17) are remaining.
The submitted restoration plan proposes eighteen (18) new, replacement trees (in red) in the same
locations as those that were removed. These include seven (7) deciduous trees at 4” caliper along the
street frontage and eleven (11) evergreen Arborvitae trees on the left and right sides at 8’-10’ ht. Although
evergreen trees are not sold by caliper, the proposed 8’-10’ height specified should be about the 4” caliper
mentioned as required for the replacement trees. To clarify the symbols on the revised landscape plan,
the remaining trees, replacement deciduous trees, and replacement evergreen trees have been added to the
legend.
The Applicant apologizes for the removal of these trees and respectfully requests that the Board amend
Decision 4801 to accept the revised , restoration landscape plan.