HomeMy WebLinkAbout5102 275 Route 28 Chase Brook Park Decision RecordedIRMOUTH fNN CLERK RE Bk --36-539 P:0 145 ":34047
JUL 12'24
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
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FILED WITH TOWN CLERK: July 12, 2024
PETITION NO: 5102
HEARING DATE: April 25, 2024
PETITIONER: Town of Yarmouth
PROPERTY LOCATION: 275 Route 28, West Yarmouth, MA
Map 37, Parcel 60
Zoning District: B-2
Title: Book 32664, Page 305
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni,
Barbara Murphy, and Anthony Panebianco
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 N-9 use (municipal recreation
use) in a B-2 zoning district for Town -owned property located at 275 Route 28, West Yarmouth,
Massachusetts.
The Town of Yarmouth was represented by Karen Greene, Director of Community Development,
and Nate Whetten, Senior Project Manager, Department of Public Works.
The property (the former Yankee Village Motel) was vacant at the time of its purchase by the Town
in 2019. The goal when the Town purchased the property was to open up the views in order to see the
water from Route 28.
While the relief requested is only for 275 Route 28, the subject property is bookended by 261 Route
28 (Chase Brook Park) and 281 Route 28 (Mill Creek Park).
The petitioner testified that the concept is to create one continuous park with a focus on limiting
invasive species, adding native species, improving pathways, and adding a pedestrian bridge along
the waterfront. The park would not have a kayak launch or other physical ae�gpNAhf rki rw 9,
addition, the park would be compliant with the Americans with Disabio 'WOL �.P
Two audience members spoke in favor of the petition. The petitionerfhad fiIA Notice A I&cn with
the Conservation Commission which approved the proposed plan forkhgar�L_ rnov
The Board was satisfied with the petitioner's plans which were stamped by a professional engineer.
The Board had no opposition to the overall plan for the park. However, if the Board were to grant
relief, there were concerns about the petitioner maintaining the vistas and views of the water.
The Board agreed on conditions for the granting of a Special Permit for N-9 use (municipal
recreation use) in a B-2 zoning district:
l . After the park is completed, the petitioner must return to the Board for a one-year review.
2. For the entire park, the petitioner must create and maintain open views to the water that are
visible from Route 28 (e.g., low -growing species).
3. If the view becomes blocked, the petitioner must return to the Board again and replace the
plantings.
A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to approve the Special Permit with
the stated conditions. On a voice vote (5-0), the motion 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)
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 #5102 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.
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Mary A. Maslowski, CMC, C M tAC
AUG 2 2024
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A TRUE Co " TTEST,
`AUG -2 2024
Petition #: 5102
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: August 2, 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: 275 Route 28, West Yarmouth, MA;
Map 37, Parcel 60; Zoning District: B-2; Title: Book 32664, Page 305 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.
f
Sean Igoe, Vice Chair
,A TJ U.-r P6� ATTEST•
BARNSTABLE REGISTRY OF DEEDS , 0�
John F. Meade, Register ureic '('UVVN ;LL-i
AUG 2 2024