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HomeMy WebLinkAboutPacket Landing Marina Resiliency ZBA Permit-recordedBk 37161 Pg131 #35352 09-03-2025 @ 08:36a 4 ~r� `'�iM ATTi1CN ££9C/ 00RPD k AT EV ,bv%li FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER & PROPERTY OWNER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION August 1, 2025 5184 July 24, 2025 Torun of Yarmouth PROPERTY: 6 Pleasant Sheet, South Yarmouth, NIA Map 61, Parcel 77.1 Zoning District: B-2 Title: Book 493, Page 297 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie, John Mantoni, and Barbara Murphy Notice of the hearing was 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 Cock Tirnes. The hearing opened and was held on the date stated above. The petitioner is the Town of Yarmouth. in connection with the property located at 6 Pleasant Street, South Yarmouth, Massachusetts, which property is located in a B-2 zoning district. The lot contains--6,534 square feet of area. The petitioner was represented by David Condon, Director, Division of Natural Resources, Town of Yarmouth; and Cole Bateman, Project Manager, Tighe & Bond. The Town of 'T"armouth was awarded a grant to increase the resilience of Packet Landing Marina from sea level rise and stone surge. The marina is a multi -use facility for the storage/offloading of commercial and recreational vessels as well as the Town's fire boat and harbormaster boats. Prior to the hearing, the Board received a memo, dated July 15, 2025, stating that the Yarmouth Conservation Commission heard a Notice of Intent and issued an Order of Conditions #083-2489 with Special Conditions, for approved plan set, Iarrnoiith, Massachusetts, Packet Landing Marina Resiliency, last revised on June 18, 2025. No exhibits were received at the hearing. No one spoke in favor of or in opposition to the petition. .TRUE COPY ATTEST. n CMVO I CMC / TOWN CLERK AUG 2 5 2025 Bk 37161 Pg132 #35352 The proposed design for the marina includes replacing and raising the timber pier by --18 inches; raising the parking lot by three (3) feet; and constructing a sheet -pile bulkhead (retaining wall). The removal of one tree at the bottom of the bank is necessary to accommodate the retaining wall. A small ramp from the new timber pier requires a redesign of the parking lot. The proposed parking lot increases the number of parking spaces from eighteen (18) to twenty (20), plus one (1) parking space accessible to people with disabilities. The proposed twenty (20) parking spaces reaches the threshold for the in -lot trees requirement in the zoning bylaw: 301.4. E Parking lots,for hventy (20) or more cars shall contain at least one (1 j tree of ti" (three inch) caliper or larger per tight (8) cars, to he located within the parking area in soil plots not less than S' ivide and allowing not less than forty (40) square feet of unpati'ed soil area per tree... Trees along the outside perimeter of the parking area shall not be considered in -lot trees. In -lot trees shall be dispersed throughout the parking area. The vehicular traffic within the marina parking lot includes large pickup trucks, box trucks, and tractor -trailers. The in -lot trees requirement would increase the number of obstructions for these vehicles and increase the difficulty of maneuvering safely within the parking lot. 'While more trees planted within the parking lot is preferred, the Board recognized that the marina resilience improvements require the elevation of the timber wharf and the parking lot, and necessitate changes to the parking lot design. The Board believed that the grant of a Special Permit as requested by the petitioner would not cause any undue hazard, nuisance or congestion, nor would it be detrimental to the current or future character of the neighborhood or Town. Accordingly, a motion was made by Mr. Fraprie seconded by Mr. Mantoni, to grant the Special Permit, as requested. The members voted as follows: Mr. Martin: AYE; Mr. Fraprie: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the Special Permit was approved. A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to withdraw the Variance without prejudice. The members voted as follows: Mr. Martin: AYE; Mr. Fraprie: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the Variance was withdrawn without prejudice. 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, Chairman _A TRUE COPY ATTEST C"J� "�i f CMC 1 TOWN CLERK AUG 2 5 2025 Bk 37161 Pg133 #35352 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 #5184 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, CMMC, CMC AUG 2 5 2025 c7n= Cl4 V, : { CMC I TOWN CLERK AUG 2 5 2025 Bk 37161 Pg134 #35352 og YA COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH 0 u: y BOARD OF APPEALS t MATTAGHEESE� .4 �c�RPORATEn \? Petition #: 5184 Date: August 22, 2025 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 & PROPERTY OWNER: Town of Yarmouth Affecting the rights of the owner with respect to land or buildings at: 6 Pleasant Street, South Yarmouth, MA Map 61, Parcel 77.1, Zoning District: B-2; Title: Book 493, Page 297 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, Chairman A TRUE COPY ATTEST Cl MIh f MC I TTOWN CLERK JOHN F. MEA! REGISTER ANEZ TY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY