HomeMy WebLinkAboutDecision 4724 Bk 3139S Pg 17333402
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S�; : i TOWN OF YARMOUTH - -
�_?C BOARD OF APPEALS
�' ';� H DECISION
CEDED
CFP 13 2018
FILED WITH TOWN CLERK: February 26,2018 euitD
oy NG DEPARTMENT
PETITION NO: #4724
HEARING DATE: February 8,2018
PETITIONER: Shoestring Properties Ltd., Partnership and MRL
Realty,LLC
PROPERTY: 1121 Route 28,South Yarmouth,MA
Map &Parcel: 0050.108;Zoning District: B2 &VCOD VC4
Doc.#: 692,979; Ctf#: 144241
MEMBERS PRESENT AND VOTING: Steve DeYoung,Chairman,Dick Martin,Thomas
Nickinello,Doug Campbell 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 Shoestring Properties Limited Partnership of 297 North St., Hyannis, MA and MRL
Realty,LLC of 37 Industrial Park Road, Kingston,MA and was well represented by Attorney Michael
Stusse of Yarmouth, MA. The Petitioners seek relief in connection with property located at 1121
Route 28, South Yarmouth, MA property which is located in the Zoning District B-2NCOD-4. The
applicant seeks a Special Permit under Bylaw §414.3.3 and approval of the condominium documents
under Bylaw§104.4. Further, setback relief by Variance under §414.6 .4 and/or§203.5 was sought.
The site in question has an existing structure on which formally housed a bank. The use of that
structure was the subject of the grant of a Variance as recently as September 28, 2017. That relief
allowed for the manufacture by 3-dimensional printers of prosthetic teeth and within the existing bank
structure. The Petitioners now seek'to expand the project to allow for both a commercial and
residential use of the site consistent with the Bylaw provisions relating to the VCOD-4 District.This is
the 1st such project of this type to have come before the Board since the enactment of the VCOD.
Prior to coming before the Board the Petitioners'proposed project was well vetted by both the Design
Review Committee and all interested departments and boards through a Site Plan Review. The site
upon which this project is proposed consist of 1.78 acres. In addition to the existing structure, the
Petitioners seek to construct 3 separate buildings each with 3 residential units for a total of 9
residential units. The existing structure will change only by the elimination of the existing "drive-thru"
which formerly allowed for drive-up banking. Other changes to the project include some
reconfiguration of the interior roadways.
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Assisting in the presentation on behalf of the Petitioners was Dan Ojala, P.L.S., who did a fine job in
explaining both the project and the need for relief. Several interested parties including Catherine
Donnelly, Susan Roberts and Jeff Sousa all spoke about Variance concerns including traffic generated
from the site and/or crossing through the site from Route 28 to Wood Rd.
The Board felt that the factors set forth with in Bylaw §414.3 .3 and relating to the grant of Special
Permits within the VCOD Zoning Districts had been satisfactorily provided for and adhered to by the
Petitioners and their proposed project. Specifically, the Petitioners had obtained favorable Planning
Board, Site Plan Review and Design Review; the development provides for both a mixed use of
commercial and residential structures; the project provides for and improves pedestrian access;
sufficient open space is provided for by the project; the design of the buildings together with their
location results in a low impact particularly from the streetscape of Route 28; curb cuts on Route 28
will be reduced; the development will support the use of public transportation; the existing structure,
though further setback from Route 28 then may otherwise have been permitted, was generally felt by
the Board to be the proper subject of relief as prayed for by the Petition; the project will create a
visually attractive access and nothing about the project will interfere with pedestrian access; the
provisions of §414.3 .3, subparagraphs 11 and 12 were found to be not applicable; the project will
create new undue nuisance nor congestion; the project was found to be consistent with the goals and
purposes of the VCOD; the project was properly vetted and will be consistent with the Yarmouth
Design Standards;and,the project will not violate any design standards of the bylaw.
The Board considered several aspects of the requested relief and proceeded to their consideration upon
the Motions of Mr. Nickinello,which Motions were seconded by Mr. Martin and involved in the grant
of the following relief;
A. Special Permit: The Board reviewed the Condominium Documents and were satisfied that they met
the criteria of the Bylaws and MGL c.183A and so on the Motion made to approve these documents
and the grant of Special Permit the Board voted unanimously;
B. Special Permit under §414.3 .3; as stated, the Board made findings that the project met the criteria
as set forth within such Bylaw section. The Board voted unanimously to grant the Special Permit
under this section of the Bylaws on the conditions that 1.) The Planning Board Conditions dated
December 29, 2017, 1 through 6 are incorporated as conditions of the grant of this Special Permit by
this Board; 2.) That all recommendations of the Engineering Department, Fire Department, Health
Department and Water Department as set forth within the Site Plan Review dated November 14, 2017
be complied with and that the Petitioners obtain any and all necessary approvals from these
departments; 3.) That the project include one affordable unit or the Petitioners otherwise comply with
the requirements of the Bylaws; 4.)That there be a total of no more than fifteen (15)bedrooms on the
site; 5.) That any existing large-caliber trees be retained, if possible; 6.) That two (2) speed bumps be
located on the internal main roadway within the site; 7.)That the Petitioners erect signage at both ends
of the internal roadway indicating to the public that the roadway is not to be used for through traffic
and is a private drive; and 8.) That no fencing be installed on the site without the approval of the
Board;
C. Variance: The requested relief, by Variance, to permit the structure to remain located beyond the
permitted forefront setback under the provisions of the VCOD was granted by unanimous vote,
without condition.
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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, the Special
Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw §103.2.5,
MGL c40A §9) Unless otherwise provided herein, a Variance shall lapse if the rights authorized
herein are not exercised within 12 months. (See MGL c40A§10). This Decision must be filed with the
Barnstable County Registry of Deeds,Route 6A, Barnstable.
Steven DeYoung, ClIStinan
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(3r_Yqk COMMONWEALTH OF MASSACHUSETTS
} " . " O TOWN OF YARMOUTH
i_ k c BOARD OF APPEALS
4
NIP.CHO%
Appeal#4724 Date: March 19,2018
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Certificate of Granting of a Special Permit and Variance
(General Laws Chapter 40A,section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a
Special Permit and Variance has been granted to:
PETITIONER:
Shoestring Properties Ltd. Partnership
297 North Street,Hyannis,MA 02601
and
MRL Realty,LLC
37 Industrial Park Road,Kingston,MA 02364
Affecting the rights of the owner with respect to land or buildings at: 1121 Route 28, South
Yarmouth, MA. Map and Parcel: 0050.108; Zoning District: B-2 & VCOD VC4; Doc.#:
692,979; Ctf.#: 144241; 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
Variance, and that 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
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.
Stev nE DeYoung,th irman
. Yom`- TOWN OF YARMOUTH
i�. i Town
x'111 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#4724 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.
vePhilip B. a••et, III'
Town Clerk.
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register