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HomeMy WebLinkAbout5046 484 Willow St Decision Certified 09.14.23FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: OR IUTi4 TOWN CLE 73'SER I 4pm':()3 REC TOWN OF YARMOUTH BOARD OF APPEALS DECISION September 14, 2023 5046 August 24, 2023 NSTAR Electric Company dba Eversource Energy PROPERTY: 484 Willow Street, West Yarmouth, MA Map & Lot #: 73.8, 73.10.1.1, 73.11 Zoning District: B-3, APD, R.O.A.D. Title: Book 2087, Page 331 Certificate #: 62655 and 64491 Land Court Lot #: 1 & 5 Plan #: LCP 37201A, 37201B MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick Martian, Jay Fraprie, John Mantoni, and Barbara Murphy (alternate) 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 stated above. The petitioner is NSTAR dba Eversource which seeks relief with respect to property located at 484 Willow Street, West Yarmouth, Massachusetts, property in the B3 zoning district and within the APD and R.O.A.D. districts. The relief sought by the petitioner is for a certain relief by Variance in connection with a parking facility which the petitioner seeks to expand on its current property, so as to allow sufficient staging area for emergency equipment in the case of power outages, or other disasters, requiring its services. Jason St. Martin of NSTAR and Jack Moriarty of Moriarty & Associates, spoke on behalf of the petitioner. No one spoke in opposition or in favor of the petition. Various questions were posed to the petitioner's representatives regarding lighting, vegetative buffer, the reason for smaller trees than usually required, the proximity of the parking area to the airport, and generally why relief was required. A TRUE COPY ATTEST CMf{i' WA; / TOWN CLERK OCT - 5 2023 After satisfactory Board discussion, a motion to grant the Variances consistent with the petition, was made by Mr. Martin and seconded by Mr. Fraprie, to approve the request on the following conditions: 1. That an 8-foot-tall, black chain -link fence with screening surround the entire parcel; 2. That a 20-foot buffer zone be maintained around the entire area of the parking lot and, where it needs to be reestablished, due to clear -cutting of the area by the Petitioner, that buffer area to 20 feet in fact to be reestablished along the southerly property line; 3. That areas of new plantings be appropriately watered by an irrigation system and adequately maintained; and, 4. That there be a one-year review to ensure compliance with the conditions. A roll call vote was taken on this motion, which was approved by unanimous vote. The requested Variances were, therefore, allowed. 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, a Variance shall lapse if the rights authorized herein are not exercised within 12 months (See bylaw § 103.2.5, MGL c40A § 10) Steven DeYoung, 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 #5046 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, CMC OCT - 5 2023 A TRUE COPY ATTEST, FkAt'�'9- r&4&Xtj4 OCT - 5 2023 •�rq� COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH y �n) y BOARD OF APPEALS Petition #: 5046 Date: October 5, 2023 Certificate of Granting of a Variance (General Laws Chapter 40A, Section 10) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: NSTAR Electric Company dba Eversource Energy Affecting the rights of the owner with respect to land or buildings at: 484 Willow Street, West Yarmouth, MA; Map & Lot #: 73.8, 73.10.1.1, 73.11; Zoning District: B-3, APD, R.O.A.D.; Title: Book 2087, Page 331; Certificate #: 62655 and 64491; Land Court Lot #: 1 & 5; Plan #: LCP 37201A, 37201B and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance, 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 Variance, 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. Steven DeYoung, Chairman A TRUE COPY ATTEST: i=rZK OCT - 5 2023