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HomeMy WebLinkAboutApplication - Zoning Board of AppealsY �CORPORATEO`b'4 ZONING BOARD OF APPEALS HEARING APPLICATION CHECKLIST RESIDENTIAL Building Commissioner Meeting: Review plans and discuss zoning relief requested for the application. Completed application will include: • 2 original applications signed by Property Owner • 1 copy of most recent Deed with Book & Page Number • 1 copy of related documents, such as Violation Notice • 6 Certified Site/Plot Plans (not more than 2 years old) stamped by a Registered Land Surveyor or qualified Professional Engineer • 6 Elevation Plans to show what the structure will look like (front, rear, right, and left) • $175.00 filing fee* COMMERCIAL Building Commissioner Meeting: Review plans and discuss zoning relief requested for the application. COMPREHENSIVE Building Commissioner Meeting: Review plans and discuss zoning relief requested for the application. Completed application will include: I Completed application will include: • 2 original applications signed by Property Owner • 1 copy of most recent Deed with Book & Page Number • 1 copy of related documents, such as signed Site Plan Review Comment Sheet; Order of Conditions from Conservation Commission • 6 Certified Site/Plot Plans (not more than 2 years old) stamped by a Registered Land Surveyor or qualified Professional Engineer • 6 Elevation Plans to show what the structure will look like (front, rear, right, and left) • $450.00 filing fee* • 2 original applications signed by Property Owner • 1 copy of most recent Deed with Book & Page Number • 1 copy of related documents, such as signed Site Plan Review Comment Sheet; Order of Conditions from Conservation Commission • 6 Certified Site/Plot Plans (not more than 2 years old) stamped by a Registered Land Surveyor or qualified Professional Engineer, plus proof of filing with Cape Cod Commission • 6 Elevation Plans, plus proof of filing with Cape Cod Commission • Comprehensive Permit (Ch. 4013): $1,500.00 filing fee* plus $100.00 per unit • Local Initiative Comprehensive Permit: $750.00 filing fee* plus $100.00 per unit *Fee is nonrefundable and includes the legal advertisements in the Cape Cod Times and mailings to abutters. Check or cash (exact change) is submitted with the application. Questions? See the ZBA Office Administrator: 508-398-2231, extension 1285; dfallon@yarmouth.ma.us Attached: 2 original applications, Zoning Board of Appeals Rules & Regulations. 0 VA a�� " 0 ` nAc.mc 9 C00 PORAIEO'b ZONING BOARD OF APPEALS HEARING APPLICATION (Appeal Information) Appeal#: Ilearing Date: Fee $: Applicant is the (check one): Owner X Tenant Prospective Buyer Other Interested Party Applicant (full names, including dba "doing business as"): Boston Gas Companyd/b/a National Grid Address: 170 Data Drive, Waltham, MA 02451 Phone:781-589-0283 Email: mark.rielly-(a) tionalgrid.com This application relates to the property located at: 127 White's Path, Yarmouth, MA Shown on the Assessor's Map as: • Map # 98 • Parcel #: 81 • Zoning District: Business 3 (B3) and Aquifer Protection Overlay District Property located on un-constructed (paper) street? Provide nearest cross street name or other identifying location: N/A Project Summary (e.g., add a 10' by 15' deck to the front of our house): Replace existing LNG storage tank with new, full -containment LNG storage tank. Demolition of existing tank would occur after replacement tank is in-service. RELIEF REQUESTED: The applicant seeks the following relief from the Zoning Board of Appeals: See below _REVERSE DECISION OF THE BUILDING COMMISSIONER (include a copy of this decision with this application). What is the decision date?: The reason for reversal and the ruling you request the Board to make: X SPECIAL PERMIT under Yarmouth Zoning Bylaw Section: N 104.3.2(3) (raze and replace nonconforming structure): & 406 (Aquifer Protection Overlay District)) and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5: Use F8 X VARIANCE from the Yarmouth Zoning Bylaw. Specify all sections of the bylaw from which relief is requested, and, as to each section, specify the relief sought: Section & Relief sought: § 203.4.2 (Table of Maximum Building Height establishes a 35-foot height limitation for "All other structures"; roposed tank height is approximately 100 feet above grade Section & Relief sought: Section & Relief sought: ADDITIONAL INFORMATION (which you feel should be included in your application): See attached Statement in Support. O� YAK 0 ryCORo0RA1E0 b ZONING BOARD OF APPEALS HEARING APPLICATION (Property Information) Name & Address of Current Property Owner (if other than applicant) as listed on the Deed: Title Deed Reference (provide a copy of most recent Deed): • Book & Page #: _ • or Certificate #: • Land Court Lot #: • Plan M Use Classification: • Existing: Public Utility §202.5 # F8 • Proposed: Public Utility . §202.5 # F8 Is the property vacant?: Yes__ __ No X If yes, how long has property been vacant? Lot Information • Size/Area: —29 acres • Plan Book & Page: • Lot M Is this property within the Aquifer Protection Overlay District (APD)? Yes X No Have you completed a formal commercial Site Plan Review? Yes X No If yes, please provide a copy of the signed Site Plan Review Comment Sheet with your application. Which other Boards and/or Town Departments are/have/will review this project? What is the status of review? Site Plan Review was completed with review performed by Building, Planning, Conservation, Engineering, Fire, Health & Water. Is this a repetitive petition (re -application)? Yes No X Do you have Planning Board Approval? Yes__ No-X Has this property been the subject of prior relief from the Zoning Board of Appeals? Yes No X . If yes, provide the date(s), Appeal number(s), decision(s), and other pertinent information with this application. Building Commissioner Comments: Applicant / Attorney / Agegr51gnaprr) Mark R. Rielly (in-house counsel) Property Owner Signature:David J. Aho, Authorized Representative Address: 170 Data Drive, Waltham, MA 02451 Phone: 781-589-0283 Email: mark.rielly@nationalarid.com Building Commissioner Signature: Date: pF YA�4 •nAe.n�'i' O"ORAIE ZONING BOARD OF APPEALS RULES AND REGULATIONS The following Rules and Regulations are hereby adopted by the Yarmouth Board of Appeals and shall govern the submission of all Appeals, Applications for Special Permit, Applications for Comprehensive Permit, and Petitions for Variance to the board and the conduct of all hearings held thereon. These Rules and Regulations are adopted in accordance with M. G. L. Chapter 40A §§9 & 12. In the event of a conflict between any of these Rules and Regulations, the provisions of any bylaw or statute, as the case may be, shall prevail. The invalidity of any section or provision of these Rules and Regulations shall not invalidate any other section or provision hereof. 1. All Appeals, applications for Special Permit or Comprehensive Permit, and petitions for Variance to the Board shall be submitted on the forms provided by the Board for such applications. 2. Two (2) original applications (attached) (no photocopies, typewritten or hand printed) and a copy of the most recent deed must be completed and signed by the Petitioner, the Property Owner and Building Commissioner prior to filing the application with the Board of Appeals. 3. If determined by the Building Commissioner, a formal Site Plan Review hearing must be completed prior to Ming the application with the Board of Appeals. 4.On the application, in the space provided for "Project": after the word "property", summarize what it is the applicant proposes to do, (see sample provided on application) as this is the information used for the legal advertisement in the newspaper. The hearing could be illegal if this information is incorrect or incomplete. 5. All Appeals, applications for Special Permits and Variances must be accompanied by 6 Certified Plot Plans & Elevation Plans not more than 2 years old (13 Certified Plot Plans if within the Aquifer Protection District if commercial project), (Comprehensive Permits must be accompanied by 19 sets of plans along with proof of filing a copy with the Cape Cod Commission), The petitioner shall file with the application sufficient plans and drawings so that the Board can address all of the criteria prepared by a Registered Land Surveyor or qualified Professional Engineer which shall show; the locus; the parcel or parcels of land involved; the existing or proposed building or buildings; the proposed additions or alterations of existing buildings with all dimensions set forth; the location of the septic; the existing or proposed frontage, front, side, rear line distances; all perimeter dimensions (existing and proposed); location and width of abutting, and on -site, street and drives, parking, existing topography; a grading plan, areas of proposed and retained vegetation, distinction between upland and wetland. In the case of new construction, renovations and additions, raze and replacements, accessory apartments, the Board also requires architectural renderings, sketches or elevations, scaled floor plans and certified plot plans showing existing and proposed conditions) However, the Board may in its discretion waive these requirements or request additional material considered necessary for its review of the application. Extra copies of the plans will be disposed of after the hearing unless otherwise requested. 6. For all Appeals, applications for Special Permits or Comprehensive Permits, or Variances the applicant shall provide the current Assessors Map and Lot Number for the property, which is subject of the petition, and accompanied by a list, by the current Assessor's MAP & LOT Number, of the abutters (see assessors Certification for Abutters List attached) 7. Residential applications for Special Permits, Variances, or request to overturn the decision of the Building Commissioner or the Building Inspector must be accompanied by a filing fee of $175.00. Commercial applications for Special Permits, Variances, or request to overturn the decision of the Building Commissioner or the Building Inspector must be accompanied by a filing fee of $450.00. Application for a Comprehensive Permit (Chapter 40B) must be accompanied by a filing fee of $1,500.00 plus $100.00 per unit. Application for a Local Initiative Comprehensive Permit must be accompanied by a filing fee of $750.00, plus $100.00 per unit. 8. Hearings (maximum 4 petitions) shall be held by the Board on the Second and Fourth Thursday of each month at 6:OOpm or at the call of the Chairman or Acting Chairman in the Yarmouth Town Offices 1146 Route 28 South Yarmouth, or at such other place as the Chairman or Acting Chairman may from time to time designate. 9. Hearings shall be held in accordance with M. G. L. Chapter 39, §23A-23C and shall be open to the public except at such times as the Board, by majority vote, shall vote to go into Executive Session in accordance with provisions of M. G. L. Chapter 39, §23A. 10. The Board may, in a particular case, waive strict compliance with the requirements of these Rules and Regulations when, in the judgment of the Board, such action is in the public interest and not inconsistent with the Zoning Enabling Act or the Zoning Bylaws of the Town of Yarmouth. CONDITIONS At each and every hearing of the Board of Appeals, whether you are seeking a Variance, Special Permit, or Comprehensive Permit, the following conditions or criteria will apply: Conditions for a VARIANCE: The Board of Appeals may authorize, upon appeal, a Variance from the terms of the Zoning Bylaws with respect to and including Variances for use, with respect to particular land or structures. Such Variances shall be granted only in cases where the Board of Appeals finds ALL of the following: 1. A literal enforcement of the provisions of the bylaw would involve a substantial hardship, financial or otherwise, to the petitioner or appellant. AND 2. The hardship is owing to circumstances relating to the soil conditions, shape, or topography of such land or structure and especially affecting such land or structures, but not affecting generally the zoning district in which it is located. AND 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or bylaw. Conditions for a SPECIAL PERMIT or a COMPREHENSIVE PERMIT: The Board of Appeals approval or special exceptions shall not be granted unless the applicant demonstrates that no undue nuisance, hazard, or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood nor of the town.