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Home My WebLink About5068 473 Station Ave ApplicationZONING BOARD OF APPEALS HEARING APPLICATION (Appeal Information) :Y „ 3 ll -i ER Appeal#: -Oro4 $ Hearing Date:. Fee $: � � ii, o8 Applicant is the (check one): Owner Tenant X Prospective Buyer Other Interested Party Applicant (full names, including d/b/a): Colbea Enterprises, LLC 122140ll' m1 1 *5 RE c/o Andrew L. Singer - Law Office of Singer & Singer, LLC - PO Box 67, Dennisport, MA 02639 Address: 473 Station Avenue, South Yarmouth _ Phone: 508-398-2221 Email: alsinger@singer-law.com This application relates to the property located at: Shown on the Assessor's Map as:: • Map # 97 Parcel #: 1, 2 and a portion of 3 • Zoning District: B1, APD & ROAD Property located on un-constructed (paper) street? Provide nearest cross street name or other identifying location: Project Summary (this information is used for the Legal Notice in the newspaper): Applicant seeks permission to (e.g., add a 10' by 15' deck to the front of our house). See attached Narrative. RELIEF REQUESTED: The applicant seeks the following relief from the Zoning Board of Appeals: See attached Narrative. REVERSE BUILDING INSPECTOR OR ZONING ADMINISTRATOR DECISION (include a copy of this decision with this application). What is the decision date?: The reason for reversal and the ruling you request the Board to make: XSPECIAL PERMIT under Yarmouth Zoning By-law Section: AMEND Appeal #48[ and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5: X VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section & Relief sought: AMEND Appeal #4801 Section & Relief sought: Section & Relief ADDITIONAL INFORMATION (which you feel should be included in your application): 3y O 0 3 � w~ ZONING BOARD OF APPEALS HEARING APPLICATION (Property Information) Name & Address of Current Property Owner (if other than applicant) as listed on the Deed: Sandy Island, LLC 159 Canbridge Street, Allston, MA 02134 Title Deed Reference (provide a copy of most recent Deed): • Book & Page #: 25614 /135 - 356141 138 - 35580 / 118 • or Certificate #: • Land Court Lot #: • Plan #: Use Classification: • Existing: Fuel service station & convenience store with co -brand business. §202.5 # . Fuel service station & convenience store with co -brand business. • Proposed. §202.5 # 113, H6, H10 Is the property vacant?: Yes Lot Information • Size/Area: See Plan • Plan Book & Page:_ • Lot #: No X If yes, how long has property been vacant? In developement Is this property within the Aquifer Protection Overlay District (APD)? Yes X No Have you completed a formal commercial site plan review (if needed)? Yes X No Which other Boards and/or Town Departments are/have/will review this project? What is the status of review? Building Department - In process__ Is this a repetitive petition (re -application)? Yes No X If required, do you have Planning Board Approval? Yes No x Has this property been the subject of prior relief from the Zoning Board of Appeals? Yes X No If yes, provide the date(s), Appeal number(s), decision(s), and other pertinent information with this application. Building Commissioner Comments: Applicant / Attorney / Agent Signature: ( " 1° i^)-e ; L�-C �tj Property Owner Signature: Address: Law Office of Singer & Singer, LLC P.O. Box 67, Dennis4ertlMA 02639 Phone: 508-398-2221 Building Commissioner Signature: .com Date: 11117 17. T 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 (b) 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.