Loading...
HomeMy WebLinkAbout5225 127 Whites Path Decision RecordedVAMUTH TURN CLERK RE VAY FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: DOC R 1 s 545 s 117 06--43-2026 11 = S5 BARNSTABLE LAND COURT REGISTRY TOWN OF YARMOUTH BOARD OF APPEALS DEC1SiONgk 37662 P0154 021920 06-03--2026 +a"k 12 = 020 May 11, 2026 5225 April 9, 2026 Boston Gas Company (d/b/a National Grid) Boston Gas Company PROPERTY: 127 Whites Path, South Yarmouth, MA Map 98, Parcel 81 Zoning District: B-3 & APD Title: Land Court Certificate of Title No. "+c?6 Additional references: Land Court Certificate of Title No. 46050 Land Court Certificate of Title No. 84810 Book 1499 Page 992 Book 3253 Page 110 Book 4792 Page 274 Book 22494 Page 160 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe (via Zoom), Dick Martin, John Mant=4 Barbara Murphy, and Tim Scanlan; non -voting Alternate Rich Chwastisk Notice of the hearing has been 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 held on the date as stated above. The Petitioner is Boston Gas Company. The Property is the site of Boston Gas's existing liquefied natural gas (LNG) storage and vaporization facility. The Property is located in the B-3 Zoning District and the Aquifer Protection Overlay District (APD). The Property is a long-standing utility facility owned and operated by Boston Gas and its predecessors and has been used continuously for LNG storage and vaporization for approximately fifty (50) years. The existing LNG tank was constructed and commissioned in 1973 and is approaching the end of its useful life. The proposed Project consists of the in -kind replacement of the existing LNG tank with a modem, full -containment LNG storage tank incorporating modern safety featureSyand meeting all current engineering and safety standards. ' The Petitioner seeks permission to construct the replacement tank and then:xaze the existing TRI�� COPY ATTES" 1 S CM / 0M0 / TC3W*0U'ERK Jflit.,44 gnna Bk 37662 Pg155 #21920 LNG storage tank. The replacement tank will have a storage capacity of approximately 1.7 million gallons, compared to the existing 2.1 million -gallon tank. The replacement tank must be constructed on a different part of the Property so that the existing tank can remain in service to ensure continuity of gas service. Following commissioning of the new tank, the existing tank will be decommissioned, razed and removed. The Petitioner was represented by Company representatives Attorney Mark Rielly (in-house counsel), Brendan Maloney (Project Manager), and Matthew O'Brien (Senior Stakeholder Specialist). The Board received testimony regarding the necessity of the Project, site conditions, public safety, environmental protection, visual impacts, and continued regulatory oversight. There was no public comment. The proposal requires a Special Permit in accordance with § 104.3.2(3) and/or § 202.5 Use F8 and/or §406 to raze and replace a nonconforming structure — i.e., the existing LNG storage tank — with a new, full -containment LNG storage tank. The proposal also requires dimensional relief from §203.4.2 to allow a proposed tank height of approximately 100 feet above grade. The Board of Appeals is designated as the Permit Granting Authority for the requested relief. Pursuant to Section 103.2.2 of the Zoning Bylaw, the Board is authorized to grant a Special Permit upon finding that the proposal will not create any undue nuisance, hazard, or congestion, and that there will be no substantial detriment to the established or future character of the neighborhood or the Town. Pursuant to Section 102.2.2 of the Zoning Bylaw, the Board is authorized to grant dimensional relief in cases where the Board finds all of the following: (1) literal enforcement of the provisions of this bylaw would involve a substantial hardship, financial or otherwise, to the petitioner or appellant; (2) the hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures 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 either: substantial detriment to the public good; or nullifying or substantially derogating from the intent or purpose of this bylaw. Findings — Special Permit Based on the application materials, plans, and sworn testimony, the Board finds: 1. The South Yarmouth LNG facility is an essential component of the regional natural gas distribution system, serving over 130,000 Cape Cod customers, and providing critical pressure and supply during peak winter demand when pipeline capacity alone is insufficient. 2. The Project constitutes an in -kind replacement of existing infrastructure and does not represent an expansion of use, change in operational purpose, or intensification of activity at the Property. i 3. The proposed replacement tank incorporates modern full-contwnmAesign enhhnced safety systems, and regulatory oversight significantly exceeding, less rrdards in effect at the time the existing tank was constructed, ' 011 A. SCOPY ATTEST: 2 F-A t_�I, ,k Cmu 1 CM I TOWI CLERK :.M - 12026 Bk 37662 Pg156 #21920 4. The Project will not create undue noise, traffic, or visual impacts. Construction impacts will be temporary and will be managed in accordance with applicable local, state, and federal requirements. S. The Property has historically been used for LNG storage pursuant to zoning exemptions issued by the Commonwealth beginning in 1968, and the continuation of this use is consistent with longstanding land -use patterns at the site. 6. The Project will not adversely affect groundwater resources within the APD, as it does not involve discharges, septic flow, or increased impervious area beyond existing conditions. 7. The Project will not create any undue nuisance, hazard, or congestion and will not result in substantial detriment to the existing or future character of the neighborhood or the Town. 8. The Project will not create any additional demand on municipal services, there will be no building or parking changes, and the existing vegetation on the Property will minimize visibility of the replacement tank. 9. The Project provides a substantial public benefit by ensuring continued reliable and safe energy service to Cape Cod residents and businesses. Based on the above, testimony received at the public hearing, and questions and answers with the Board, the Board found that the proposal will not create any undue nuisance, hazard or congestion, that there will be no substantial harm to the existing or future character of the neighborhood or Town, and to the contrary, there is a significant benefit in replacing an aging asset to ensure continued gas service for customers in Yarmouth and the greater Cape Cod region. Findings — Height Variance The Board further finds: 1. The unique conditions of the Property arise from its long-standing and lawful use as a utility facility, the scale of necessary LNG infrastructure, and the engineering and safety requirements for cryogenic storage. 2. Literal enforcement of applicable height limitations would create a substantial hardship in that it would prevent the replacement of an essential public safety and energy facility that experts have determined needs to be replaced. 3. The requested variance is the minimum relief necessary, as the height of the replacement tank is dictated by safety, engineering, and regulatory standards rather than aesthetic preference. 4. Granting the variance will not derogate from the intent and purpose of the Zoning Bylaw and will not adversely affect the public good. Thereafter, a motion was made by Mr. Mantoni, seconded by Mr. Scanlan, and voted 5-0 in favor, to grant a Special Permit in accordance with Sections 103.3.2, 202.5 (Use F�);203.4.2, and/or 406 of the Yarmouth Zoning Bylaw and M.G.L. c. 40A. A separate motion was rrldiieby Mr. Scanlan, seconded by Mr. Mantoru, and voted 5-0 in favor, to grant a hei& variance in - A accordance with Section 102.2.2 and M.G.L. c. 40A, subject to the followidg�condition: C;7;;;L_f 3 CMi4a0 C ,C::,,; :ERK Bk 37662 Pg157 #21920 1. The replacement tank will not be more than 100 feet above grade at the top of dome, not including appurtenances. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision`must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals from this decision shall be made pursuant to MGL c. 40A section 17 and must be filed within 20 days after filing of this noticeldecision 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, MGL c. 40A §9). Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not exercised within 12 months. (See MGL c40A § 10) 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 #5225 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 !UN — 12026 BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register 4 A TRC,5 ' OPY.AT rg*P. 41 .fv LP. Jug ,a.