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
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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:
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OCT - 5 2023