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Developer says Board of Health approved substitute nitrogen credit land; Select Board raises traffic and green‑space concerns
Summary
Colbea Enterprises LLC representatives told the Yarmouth Select Board that the Board of Health approved swapping nitrogen credit land so an older Shell property (446 Station Ave) can be reused for non‑hazardous commercial purposes; board members pressed on traffic, long‑term use and community expectations that the lot would become green space.
Colbea Enterprises LLC representatives appeared before the Yarmouth Select Board on Dec. 17 to explain a proposal approved earlier by the Board of Health that substitutes a parcel on West Great Western Road as nitrogen credit land in place of a 25,000‑square‑foot swath previously restricted on the 446 Station Ave (old Shell) parcel.
Andrew Singer, attorney for the applicant, summarized the permit history for the Seasons Shell project and the conditions imposed by prior boards, saying the fuel storage tanks at the old Shell site were removed, deed restrictions against future fuel use were recorded, and the landscaping obligations were met. "I don't think there is any violation. I think that Kolbea has done everything that they said they would do in representations to the board of appeals, the board of health, and to the select board," Singer said.
Singer and Jay Hall (representing Kolbe/Colbea) said the Board of Health accepted a substitute parcel on West Great Western Road and that, under that approval, the 25,000 square feet released from 446 may now be used for a conforming, non‑hazardous retail or office use that will still require design review, site plan review and, if necessary, Board of Appeals approvals.
Several Select Board members raised concerns that residents had been led to expect the old Shell parcel would become green space. "There was an anticipation ... that the building would come down at some point and it would become just an open lot," one board member said, adding that if reuse proceeds it should be constrained to limit traffic impacts on Station Avenue. Board members asked whether legal restrictions could be attached; presenters responded that future reuse remains subject to the town’s planning and zoning review and that the deed restriction prohibiting fuel and hazardous uses remains in place.
Staff and the applicant said the substitute parcel was chosen because it abuts town‑owned preserved land and met watershed requirements for nitrogen credit aggregation; the portion dedicated to credit land is about the same size (25,000 sq ft) as the 446 portion under the original restriction. Presenters said the Board of Health and town counsel reviewed the substitution before it was approved.
The board did not take enforcement action or vote to revoke permits at the meeting; members requested additional documentation and said they would continue the conversation if concerns persisted. Board members also asked staff to clarify what the trade would mean for the paved lot at 446 until a new owner sought redevelopment, and were told the lot would remain as currently improved until marketed or rented.
The board asked staff to include the Station Avenue corridor and traffic implications in upcoming reviews and to keep the community informed about any future permitting steps.
