The URL can be used to link to this page

Home My WebLink AboutBOA #5068 Bk 36217 Pg191 #5277 } .�.:< TOWN OF YARMOUTH �,,A ! :-. BOARD OF APPEALS '>� ` DECISION FILED WITH TOWN CLERK: January 17,2024 PETITION NO: 5068 HEARING DATE: December 14,2023 PETITIONER: Colbea Enterprises,L.L.C. PROPERTY OWNER: 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. A TRUE COPY ATTEST b:-_____.,___--- FEB -7 2024 Bk 36217 Pg192 #5277 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 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(11)evergreen Arborvitae trees on the left and right sides at 8'-10' height. Although evergreen trees are not sold by caliper, the proposed 8'-l0' 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). Bk 36217 Pg193 #5277 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 I, 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. 17(4'e r)1144111(--- A- Mary A. Maslowski, CMC 5 JOHN F. MEADE, REGISTER ntql/W44 BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY - Law Office of Singer & Singer, LLC 26 Upper County Road P.O.Box 67 Dennisport,Massachusetts 02639 Andrew L.Singer Tel:(508)398-2221 Marian S.Rose Fax:(508)398-1568 www.singer-law.com Myer R. Singer(1938-2020) February 9, 2024 Sean Igoe, Chair Yarmouth Zoning Board of Appeals R E C E I V E D 1146 Route 28 _- South -- South Yarmouth, MA 02664 FEB 14 2024 BUILDING DEPARTMENT Re: Colbea Enterprises, L.L.C. By 473 Station Avenue Petition# 5068 Dear Chair Igoe: Enclosed please find a copy of the Decision from the Zoning Board of Appeals for the above referenced matter, which was recorded today in Book 36217, Page 190 with the Barnstable County Registry of Deeds. Very truly yours, Bonnie Mossey for Andrew L. Singer Enclosure Copy to: Yarmouth Town Clerk Yarmouth Building Commissioner Bk 36217 Pg190 #5277 02-09-2024 @ 02:26p �s 7 ,,� COMMONWEALTH OF MASSACHUSETTS f TOWN OF YARMOUTH BOARD OF APPEALS Petition#:5068 Date:February 7,2024 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: PETITIONER:Colbea Enterprises,L.L.C. PROPERTY OWNER:Sandy Island LLC Affecting the rights of the owner with respect to land or buildings at: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 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. Sean Igoe,Vice Chair P..TR' CC ATT ST: • Time Thicdinv.64 FEB -7 2024