HomeMy WebLinkAboutZoning Determination and BoA Appeal 4752 l ._ t.
°' RECEIVED '
ag•Y•4 TOWN OF YARMOUTH JUN 18 2018 1 I
`• <, o • BUILDING DEPARTMENT. I II
:t !
- �rt� y 1146 Route 28,South Yarmouth,MA 02664 B UILDiNGDEPARThl NT
508.398-2231 ext.1261 Fax 508-398-0836 , .
ZONING DETERMINATION FOR BUSINESS CERTIFICATE APPLICATION
The purpose of this form is to determine if your business complies with the Townoi4armouth Zoning
• Bylaw. The applicant shall complete the top section of this form and Me it with the Building Department
Once the Building Department has made a determination,it will be forwarded to the Town Clerk.
The Building Department will render a determination based on the following factors(a)The business/use,
activity,(b)The zoning dist is in which the business is to be located Allowed uses are based on ZoningBylaw
Table 202.5 and(c)previous or new zoning relief from the Zoning Board of Appeals
Date /o//9/ /9 v Telephone# SD 8 $2..-7 04 6'8 v/
Business Address to fry-!i.i.A At •
Name of Applicant LCr rrr+ M/,4-;
DEL &e.. o enit-PM,;.If.
Mat mgAddress ro-s,/,tl, A r •
Description of Business Activity B ilea, P"vrb+n 1
The applicant acknowledges that a determination win be made by the Bm1dmg Department based on
the information provided on this date. Any rhnnges in the business use and/or activity will require
additional approvaL The annlirant agrees to abide by all conditions referred to below. Failure to do so
may result in the revocation of the Business Certificate and/or appropriate Zoning Enforcement,
should it be determined that the changes are non-compliant
Applicant's Signature i t—•-- Date G/!the
BUILDING DEPARTMENT DETERMINATION
Approved: Comments and Conditions 00£2— Pt 777 o IA-)
J '
Disapproved:Reasons for Disapproval
Building Official's5iga: %!'"=' I Date
es!: 51482 P9 265 :41263
'' 08-23-2018 a 10 r. 27a
, . r " SG TOWN OF YARMOUTH
' -„ C BOARD OF APPEALS - , . _ -
C� , 1 DECISION
FILED WITH TOWN CLERK: June 18,2018
PETITION NO: #4752
HEARING DATE: June 14,2018
PETITIONER: DHK Management LLC
PROPERTY: 20 Forsyth Avenue
Map & lot#: 0098.4; Zoning District: B-1 & APD
Book/Page: 29514/219
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman,Thomas Nickinello, Susan
Brita and Tom Baron.
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
Register, the hearing opened and held on the date stated above.
The Petitioner is DHK Management, LLC, located at 20 Forsyth Ave., South Yarmouth, MA,
property located in a B-1 Zoning District and within the Aquifer Protection District. The applicant
seeks a Special Permit under Zoning Bylaw §103.2 and Use Table §202.5 (LI) in connection with
its desire to operate a bike rental shop at its location. Mr. Darren McGinn and Ryan Alty are co-
venturers in the proposed business. The business will consist of the rental of bicycles in this
desirous location adjacent to the bike path. The business will utilize 2 storage units to be placed
on the Petitioner's property as shown on the "Site plan of#20 Forsyth Ave., South Yarmouth, MA
prepared for Darren McGinn by Down Cape Engineering Inc." and dated May 22, 2018. The site
currently has an existing building with multiple bathrooms which will be made accessible to the
patrons of the bicycle rentals. There is ample parking at the site and at the adjacent bike path
entrance. There will be no bicycle repair at the location and no storage of hazardous materials.
The Petitioners shall provide the site improvements as set forth on the referenced plan.
Each member of the Board thought that the business as envisioned by the Petitioner was located
in a desirable spot and that the site improvements, including the trailers as shown on the photo
representations provided by the Petitioner would enhance the site. As well, the Board felt that no
undue hazard, nuisance nor congestion would result if the relief requested were granted and that
the present and future character of the neighborhood and Town would not suffer any substantial
detriment.
1
Mr. Nickinello moved and Mr. Baron seconded to grant the Special Permit on the sole condition
that there be no storage of hazardous materials. To this Motion, as seconded and with the stated
condition,the Board voted unanimously in favor and the Special Permit was,therefore, granted.
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 c40A section 17 and must be filed within 20 days
after filing of this notice/decision 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 c40A
§9)
Steven DeYoung, air
2
aF R COMMONWEALTH OF MASSACHUSETTS
^" ` \
2 TOWN OF YARMOUTH
OBOARD OF APPEALS
Ce4:17111:1, 4•Z
4 rico
Appeal#4752 Date: July 9,2018
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special
Permit has been granted to:
DHK Management LLC
20 Forsyth Avenue
South Yarmouth,MA
Affecting the rights of the owner with respect to land or buildings at: 20 Forsyth Avenue, South
Yarmouth,MA Zoning District: B-1 & APD; Map& Lot#: 0098.4; BooWPage: 29514/219
and the said Board of Appeals further certifies that the decision attached hereto is a true and
correct copy of its decision granting said Special Permit, 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 Special Permit, 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
•
TOWN OF YARMOUTH
t-•. . c: y Town
r;y! 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk
Telephone(508)398-2231 Ext. 1285, Fax(508)398-0836
CERTIFICATION OF TOWN CLERK
I, Philip B. Gaudet, III, 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 #4752 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.
•r Y +
r •
it
ATo iA
4-1 `t."4.1.y lay_ c✓ i
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register