HomeMy WebLinkAbout5068 473 Station Ave Decision TC 01.17.24FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
January 17, 2024
5068
December 14, 2023
Colbea Enterprises, L.L.C.
Sandy Island LLC
PROPERTY: 473 Station Avenue, South Yarmouth, MA
Map & Parcels: 97, 1, 2 and a portion of 3
Zoning District: B1 & APD & R.O.A.D.
Deed/Plan References: Book 35614, Page 135;
Book 35614, Page 138; and Book 35580, Page 118;
Lots 4 and 5 on Plan Book 319, Page 52 and Lot 2A on
Plan Book 698, Page 76; now all shown as Lot 3 on Plan
Book 699, Page 12
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick
Martin, Jay Fraprie, and John Mantoni.
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 Colbea Enterprises, L.L.C. The Petitioner was represented by Attorney Andrew
Singer; Michael Gazdacko of Colbea Enterprises, LLC.; John Barba, site contractor; and Richard
DeFusco, landscape architect.
The Property is located in the B 1 Commercial Zoning District, the Aquifer Protection Overlay
District, and the ROAD Overlay District.
The Board of Appeals granted Special Permit and Variance relief in Appeal # 4801, dated
September 5, 2019, to allow development of a new Seasons Corner Market -Shell Gas Station at
the Property. The approved landscape plan 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. Unfortunately, eighteen (18) of these trees were removed without permission during initial
site clearing.
The Building Commissioner issued a Violation Notice dated October 17, 2023, ordering the
Applicant to either restore the Iandscaping or apply to the Board for further review. Since the
prior trees cannot be restored, the Applicant submitted this application along with a restoration
landscape plan to the Board.
The restoration landscape plan initially proposed eighteen (18) new, replacement trees (shown in
red on the plan) in the same locations as those removed. The plan is dated 8/22/2022 and last
revised 11/01/23. These new plantings include seven (7) deciduous trees at 4" caliper along the
street frontage and eleven (I I) evergreen Arborvitae trees on the left and right sides at 8'-10'
height. 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 were also added to the legend.
The Petitioner and the site contractor apologized for the removal of these trees.
Dr. Warren Woods, an abutter to the west, submitted an email stating that he had no concerns
with the landscaping and asking for consideration of additional rear fencing.
There was discussion between the Board and Petitioner as to the current status and proposed
landscape plan. Board members expressed their dismay that the tree maintenance condition had
not been satisfied, though also acknowledging that the Petitioner is trying to make it right.
Questions were asked and answered concerning irrigation, buffer trees around the bioretention
basins, an in -island tree in the rear parking, and the post -construction rear bioretention basin,
fenced dumpster area, and other existing fencing.
The Petitioner offered the following responses, and the Board of Appeals found the following in
connection with the proposal: There will be irrigation for the proposed landscaping to aid in
survivability. Two additional trees (for a total of twenty new trees) will be planted, one each
along the southern boundaries of Bioretention Areas #1 and #2 facing the Cape Cod Rail Trail.
As required in the original Board Decision, a new island with one in -lot tree shall be planted in
the middle of the row of parking behind the new building, and the proposed space to be lost will
be shifted southerly to the end of the line of seven parking spaces. Given the size and location of
Bioretention Area #1, an existing fence on the adjacent property, the location of the fenced
dumpster area, and the amount of parking proposed on site, the Board is comfortable that
additional fencing in the rear is not necessary.
The Board subsequently took the following vote on the petition: Mr. Martin made a motion,
seconded by Mr. Igoe, and voted five (5) in favor and zero (0) opposed to grant the request to
substitute the restoration landscape plan as amended in discussion with the Board (two additional
trees and confirming irrigation and in -lot tree in rear parking row).
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 Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw §103.2.5, MGL c40A §9)
Sean Igoe, Vice Chair
CERTIFICATION OF TOWN CLERK
1, Mary A. Maslowski, 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 #5068 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, CMC