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Home My WebLink About5190 400 Higgins Crowell Rd Decision Certified 11.18.25PiRR UTH TOWN CLERK RE Nov IS 125 PA2:46 Y. �tiC'1b'!4 RPORAT�� FILED WITH TOWN CLERK: PETITION NO: HEARING DATES: PETITIONER & PROPERTY OWNER: PROPERTY LOCATION: TOWN OF YARMOUTH BOARD OF APPEALS DECISION November 18, 2025 5190 September 11, 2025 and November 13, 2025 Town of Yarmouth 400 Higgins Crowell Road, West Yarmouth, MA Map 64, Parcel 36 Zoning District: R-40, APD, Zone II Title: Book 1105, Page 361 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni, Barbara Murphy, Tim Scanlan, Anthony Panebianco 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 Cod Times. The hearing opened and was held on the date stated above. The petitioner is the Town of Yarmouth, who seeks relief in connection with property at 400 Higgins Crowell Road, West Yarmouth, MA. The property contains—3,049,200 square feet of area and is located in an R-40 zoning district, the Aquifer Protection District, and Zone II. The petitioner seeks a Special Permit to allow N-9 (Municipal Recreation) and P-10 (Other Municipal) uses. The Yarmouth Police Chief and Yarmouth Fire Chief were unable to attend the previous hearing held on September 11, 2025, in which Steve Reynolds, Yarmouth Recreation Director, appeared to present the petition. The requested relief would allow the former Mattacheese Middle School, which is no longer used as a school, to run various recreational programs, such as basketball, pickleball, soccer, and school vacation child care. Mr. Reynolds testified that without the use of the gymnasium at this property, many recreational programs would be eliminated. An exhibit received at the September 11, 2025 hearing was a memorandum from Police Chief Kevin Lennon. The memorandum stated that the former Mattacheese Middle School allows for police training in a realistic and controlled environment. A TRUE COPY ATTEST Ek44 ' CIMt!�! 1 CMC 1 TOWN CLERK DEC - 9 2025 The Board agreed that granting the Special Permit for the change of use from an Educational Institution (P-1) to Municipal Recreation (N-9) or Other Municipal (P-10) was acceptable with certain conditions. A motion was made by Mr. Martin and seconded by Mr. Mantoni to grant the Special Permit with the following conditions: 1) No training shall use live ammunition in the building or on the property of the former Mattacheese Middle School; 2) The Yarmouth Fire Department shall provide a detailed memo about their use of the building and the property at the former Mattacheese Middle School; 3) Training exercises in the building or on the property of the former Mattacheese Middle School are restricted to Yarmouth Police Department or Yarmouth Fire Department personnel only; and 4) If training exercises require personnel outside of the Yarmouth Police Department or the Yarmouth Fire Department, a representative from the Yarmouth Police Department or the Yarmouth Fire Department, respectively, shall return to the Board. The members voted as follows: Mr. Martin: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Mr. Scanlan: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the Special Permit with the stated conditions was approved. Subsequent to the September 11, 2025 hearing and prior to the filing of the Board's decision, the Board received the following: • A second memorandum from Police Chief Kevin Lennon on September 25, 2025. The memorandum stated that the Yarmouth Police Department has hosted training sessions at the former Mattacheese Middle School for surrounding police agencies, the Municipal Police Training Committee, regional tactical and K9 units, and federal agencies. • A memorandum from Fire Chief Enrique Arrascue on October 21, 2025. The memorandum stated that the Yarmouth Fire Department hosted a training class through the Department of Fire Services that allowed —50 firefighters and police officers from across the state to train together in Active Shooter response. Chairman Igoe requested that the Board reconsider the conditions within the decision. Abutters were notified and legal notices were published in The Cape Cod Times. At the November 13, 2025 hearing, Police Chief Kevin Lennon and Fire Chief Enrique Arrascue appeared to discuss the former Mattacheese Middle School as a unique training facility, adjacent to the Gannon Training Center, to train other local, state, and federal partners. A motion was made by Mr. Panebianco and seconded by Mr. Mantoni to modify Decision #5190 to remove all conditions with one exception: 1) No training shall use live ammunition in the building or on the property of the former Mattacheese Middle School. A TRUE CO��Vff- P Y ATTEST ES CM / CM / TOWN CLERK DEC - 9 2025 The members voted as follows: Mr. Martin: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Mr. Panebianco: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. The modifications to Decision #5190 with the stated condition was granted. 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 noticeidecision 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 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 #5190 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. Fkt4e-WW&MA6f Mary A. Maslowski, MMC, CMMC DEC - 9 2025 A TRUE CONY ATTEST. &ov'a- A4�L/h ! CMly'JT! CMC I TOWN CLERK DEC - 9 2025 COMMONWEALTH OF MASSACHUSETTS f.0 TOWN OF YARMOUTH BOARD OF APPEALS &R RATbo,� Petition #: 5190 Date: December 9, 2025 Certificate of Grantinp- 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: 400 Higgins Crowell Road, West Yarmouth, MA; Map 64, Parcel 36; Zoning District: R-40, APD, Zone I1; Title: Book 1105, Page 361 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