HomeMy WebLinkAbout5089 170 South Shore Dr Decision RecordedH TOWN
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TOWN OF YARMOUTH
BOARD OF APPEALS
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FILED WITH TOWN CLERK: May 30, 2024
PETITION NO: 5089
HEARING DATE: April 11, 2024
PETITIONER: Town of Yarmouth
PROPERTY LOCATION: 170 South Shore Drive, South Yarmouth, MA
Map 25, Parcel 264
Zoning District: R-25
Title: Book 4096, Page 162
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni,
Dick Neitz, and Barbara Murphy
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 seeking a Special Permit for P-10 use (municipal use) in a
R-25 zoning district for Town -owned property located at 170 South Shore Drive, South Yarmouth,
Massachusetts.
As part of Phase 1 of the Town's Wastewater Management Plan, there are 5 wastewater pumping
stations, including this pumping station proposed for the lower portion of South Shore Drive.
When the petitioner presented at the February 22, 2024 hearing, the Board understood the need for
the sewer project and had no opposition to the overall plan. However, the Board expressed concerns
about 1) the lack of a Certified Plot PIan for the wastewater pumping station, 2) the height and
coverage of the proposed plantings, and 3) the potential need for odor control.
At the initial hearing, one abutter spoke in opposition to the petition with concerns about odor and
water flow/backup.
The petitioner was asked to provide more details, including a Certified Plot Plan with all boundary
lines, setbacks, and building elevations. The hearing was continued to April 11, 2�24.
At the continued hearing, Mr. Mike Giudice, Engineer, CDM Smith, again represented the petitioner.
Jeff Colby, Director of Public Works, was again present at this hearing
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Vice Chair Igoe noted the Certified Plot Plan, dated March 28, 2024, shows Pumping Station # 5 will
be located 73.4' from South Shore Drive; 127.3' from Pine Grove Road; 262.6' from 18 Oak Grove
Road; and 55.9' from 192 South Shore Drive.
Mr. Giudice reviewed a color -coded plan with 36 plantings, including Eastern Red Cedar, Red
Sunset Maple, Serviceberry, Beach Plum, and Little Bluestem.
From the Pumping Station #5 Control Building Plan, Mr. Giudice referenced Sheet M-3 with two
rooms to contain an emergency generator and electrical equipment, respectively, explaining that
pumping stations that serve domestic properties typically do not have odors.
If the Town chooses to install an active odor control system at a later date, there is space allotted in
the proposed pumping station. However, at this time, the petitioner is proposing a "passive odor
control system" with vent stacks on the wet well similar to septic system vents. As each property
connects to the sewer along the way, that sewer connection is connected to and dissipated through
each property's vent stack.
The Board was satisfied with the additional details provided at this hearing, and a motion was made
by Mr. Fraprie, which was seconded by Mr. Neitz, to grant the Special Permit as requested. On a
voice vote (5-0), the Special Permit was approved.
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)
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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 #5089 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
JUN 2 0 2024
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Petition ##: 5089
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: June 21, 2024
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, Section l 1)
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: 170 South Shore Drive, South
Yarmouth, MA; Map 25, Parcel 264; Zoning District: R-25; Title: Book 4096, Page 162 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 1 l (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 fled 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
A (Tl PE -COPY ATTEST:
BARNSTABLE REGISTRY OF OEEO �, rome
John F. Meade, Register �T.�UN'2`Q 2024