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Neighbors press council on Yarmouth Colony subdivision: lot size, tree removal and noise among chief concerns

3337179 · May 5, 2025
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Summary

Bay Village's council on Monday placed on first reading a final plat for the southern extension of the Yarmouth Colony subdivision after months of planning commission review and sustained public comment about lot sizes, tree removal and noise from nearby railroad and industrial operations.

Bay Village's council on Monday placed on first reading a final plat for the southern extension of the Yarmouth Colony subdivision after months of planning commission review and sustained public comment about lot sizes, tree removal and noise from nearby railroad and industrial operations.

Resident Nancy Tachulinski, who lives two houses from the proposed development, told council the city's master plan (adopted in 1999) emphasizes preserving the community's small‑town character and tree canopy. She said existing lots in the nearby neighborhood range from about 87.5 to 93.9 feet of frontage while the proposed new lots are 50 feet wide, a reduction she said would change the street's character. She also raised concerns about large‑scale clear‑cutting, questioned whether proposed arborvitae plantings would survive, and asked for stronger maintenance guarantees from the developer.

Edward Pavaszek, the applicant and developer, attended the meeting and told council he had committed on the record before the planning commission to maintain new plantings until individual lots are sold; planning commission minutes document those representations, Law Director Barber said. The city's building code sets minimum lot frontages; staff and the law director told council that without a change to the code council cannot force larger lot widths for this subdivision.

Planning commission and council process

Council and planning commission members said the project has been the subject of repeated public meetings over more than a year. Councilmember Mike Greco described the project as one of the most heavily engaged he had participated in during his tenure, with residents attending numerous planning commission sessions; the developer agreed to several plan changes, including tree planting obligations and a revised retention plan. The planning commission attached conditions to its approval and those minutes will be included in the council record, city staff said.

Residents also asked for noise‑mitigation measures because the site backs up to railroad tracks and near industrial operations; one resident asked whether the fence height could be increased to provide additional sound‑buffering, and whether tree plantings and fencing would be maintained long enough to provide noise mitigation.

Why it matters

The dispute centers on what is legally required by code versus what the city's master plan recommends. Residents urged council to seek larger lot frontages and binding maintenance conditions; staff said changes to frontage minima would require a change to zoning code, a step separate from the subdivision approval before council.

Quotes

"There's still much concern from the residents who live there... ensuring that new development within the community complements existing context," resident Nancy Tachulinski said, citing the city master plan.

"We forced him to do all the things that we could force him to do," said a planning commission representative summarizing negotiations; law director Barber said the commission recorded developer commitments in the minutes.

Ending

Council placed the final plat on first reading and requested that planning commission minutes and any conditions be provided to councilmembers for review before subsequent readings and a final vote.