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HomeMy WebLinkAbout5203 451 Forest Rd Decision Recorded 03.11.26$**TTfiUTET T$HH CLIFH RE JAN ]_S'IG nuI-L:E? HFiE$IGUTIT Trlaiurla\ At the hearing, the petitioner was represented by Laurie Superintendent, Town of Yarmouth; and Tyler Bernier, Town's water management consultant. Bk 37502 PgZ6 +qB?603-11-2026 a O9=19q TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITII TOWN CLERK: January 13,2026 PETITION NO:5203 HEARING DATE:December 11,2025 PETITIONER & PROPERTY OWNER:Town of Yarmouth PROPERTY:451 Forest Road, West Yarmouth, MA NI,ap77, Parcel2 ZoningDistrict: 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 451Forest 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 I l. 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 I I 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. I 1t -3. FEB rAc the Ruszala, Water & Project COPY According to the petitioner's Project Summary, implementing the proposed seasonal PFAS treatment system will bring Wells 10 and I l, which have been offline for PFAS exceedances, back online. The 6l-acre parcel, containing both wells, is connected to Forest Road for Well 10 access and Kristin Path for Well I I 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, Proj ect 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. Mantoni: 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 l7 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 ?F4,-3 A (J c!1 CERTIFICATION OF TOWNI CLERK I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certiff that2O 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. W ru4bx,al' Mary A. Maslowski, MMC, CMMC FEB - 3 2020 Frdr;,'l e 4 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #:5203 Date: February 3,2026 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section I l) 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: 451 Forest Road, West Yarmouth, MA ldap77, Parcel2;ZoningDistrict: R-40, APD, and Zone II; Title: Book 1361, Page 866 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 I (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 BARI{STABTE REGISTRY (}F DEEDS John F. Meade, Register I r{r{. a'rtgr;rflddo A (.