HomeMy WebLinkAbout5203 451 Forest Rd Decision TC 01.13.26VARN1111Tl1 TOWN CLERK ROE
JAN 13'213 AK 11:57
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER &
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
January 13, 2026
5203
December 11, 2025
Town of Yarmouth
PROPERTY: 451 Forest Road, West Yarmouth, MA
Map 77, Parcel 2
Zoning District: R-40, APD, and Zone II
Title: Book 1361, Page 866
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni,
Richard Neitz, and 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, in connection with the property located at 451 Forest
Road, West Yarmouth, Massachusetts, which property is located in a R-40 zoning district, the
Aquifer Protection District (APD), and Zone II. The lot contains—2,674,509 square feet of area.
The petitioner seeks relief for P-10 Use (Municipal Use) in a residential district for a proposed
seasonal PFAS treatment system for Wells 10 and 11.
Prior to the hearing, the Board received a memo, dated November 24, 2025, stating that the
Yarmouth Conservation Commission heard a Request for Determination of Applicability for the
proposed seasonal PFAS treatment system for Wells 10 and 11 and determined that said work
does not require the filing of a Notice of Intent, subject to the following condition: any disturbed
areas must be restored by planting native woodland groundcover. The Determination of
Applicability was issued on October 21, 2025.
At the hearing, the petitioner was represented by Laurie Ruszala, Water & Wastewater
Superintendent, Town of Yarmouth; and Tyler Bernier, Project Manager, Kleinfelder, the
Town's water management consultant.
According to the petitioner's Project Summary, implementing the proposed seasonal PFAS
treatment system will bring Wells 10 and 11, which have been offline for PFAS exceedances,
back online.
The 61-acre parcel, containing both wells, is connected to Forest Road for Well 10 access and
Kristin Path for Well 11 access. The proposed project includes new infrastructure and
improvements on existing water supply land. The project does not propose the demolition of
existing buildings.
Chairman Igoe read into the record Kleinfelder's responses to the Site Plan Review Comments,
dated October 14, 2025. Kleinfelder's responses, dated November 6, 2025, were signed by Tyler
Bernier, Project Manager, Kleinfelder.
No new exhibits were introduced at the hearing and no public comments were received.
The Board agreed 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. Mantoni and seconded by Mr. Neitz to grant the Special
Permit as requested. The members voted as follows: Mr. Martin: AYE; Mr. Neitz: AYE; Mr.
Manton: AYE; Mr. Panebianco: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in
favor. Therefore, 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)
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 #5203 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, MMC, CMMC