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Home My WebLink AboutDecision 4772 • Bk 31687 Ps 118 058681 A 11-27-2018 at 110 :28a Jt_Y4Ft COMMONWEALTH OF MASSACHUSETTS SC t. TOWN OF YARMOUTH RECEIVE D o, �y BOARD OF APPEALS k-? WM/ 3n1018 BUILDING DEPART eY,�— MEN_ Appeal#4772 Date: November 7,2018 j Certificate of Granting of a Special Permit (General Laws Chapter 40A, section 11) I The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: OWNER: Mark Gianno,Unit A of 161 Main St. Building 1 Condominium 161 Route 6A(Main Street) YarmouthPort, MA PETITIONER: 161 Main Street Building I Condominium Trust, Trustees. Richard P. Morse and Betsy Newell, Trustees of The Morse Family Trust, and Alfred Bleu,Trustee of the Bayview Realty Trust, 161 Route 6A, YarknouthPort. Affecting the rights of the owner with respect to land or buildings at: 161 Route 6A(Main St.) YarmouthPort,MA; Map& Parcel: 122/123/CA; Zoning District: B-1; Master Deed: Book 6616,Page 209,as amended; Unit Deed: Book 19986,Page 168; Plan in Book 600,Page 29 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. 1 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 DeYounet airman k. _ TOWN OF YARMOUTH r tit ''t 4BOARD OF APPEALS �L = " '1. DECISION 1 • FILED WITH TOWN CLERK: October 17,2018 PETITION NO: #4772 HEARING DATE: October 11,2018 PETITIONER: 161 Main Street Building Condominium Trust,Richard P.Morse and Betsy Newell,Trustees of The Morse Family Trust,and Alfred Bleu,Trustee of the Bayview Realty Trust OWNER: Mark Gianno,Unit A of 161 Main Street Building 1 Condominium PROPERTY: 161 Route 6A(Main Street),Yarmouthport,MA Map& Parcel: 122/123/CA; Zoning District: B-1 Master Deed: Book 6616,Page 209,as amended Unit Deed: Book 19986,Page 168 Plan in Book 600,Page 29 MEMBERS PRESENT AND VOTING: Chairman, Steve DeYoung,Dick Martin, Thomas Nickinello, Susan Brita and Tom Baron i I 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 as stated above. The Petitioners are Richard P. Morse and Betsy Newell, Trustees of The Morse Family Trust, and Alfred Bleu, Trustee of the Bayview Realty Trust who are the Trustees of the 161 Main Street Building 1 Condominium Trust and Managers of the building. The Property is located at 161 Route 6A (Main Street) in Yarmouthport. The Property is in the B-1 Zoning District. The Petitioner was represented by Attorney Andrew Singer together with Mr. Richard P. Morse,Trustee of the 161 Main Street Building Condominium Trust. The Petitioners have previously obtained relief from the Board of Appeals in Petition Nos.#2371 and #2587. The first review dealt with pre-existing nonconforming site conditions and, authorized maintenance of the longstanding conditions at the site. The second review authorized the creation of the condominium at the Property. Different conditions in each Petition discussed review of changes of use in the buildings on the Property. I I 1 • This application deals with a portion of Building 1 only. There are no physical changes proposed to the Property. The request is to authorize continued residential use of Unit A on the 'third floor of Building 1 as it has been so used since 1991. The other Units in Building 1 have historically been and remain commercial in nature. No changes to these other Units in Building 1 or {o Building 2 (restaurant and apartment)are being requested. Attorney Singer provided the Board with an Affidavit from Mr. Steven Fedele, former icart-owner of the Property and manager of the building who outlined the permitting process followed and the approvals received in 1991 regarding the conversion of the third-floor space from commercial to residential use. The Board asked questions of the Petitioner. No one spoke either in favor of nor in opposition to the proposal. Based on the above and testimony received at the public hearing, the Board found that the proposal will not be substantially more detrimental or more nonconforming to the neighborhood, Zoning District or Town than the existing conditions, that it will not cause or contribute to any undue nuisance, hazard or congestion, that there will be no substantial harm to the established or future character of the neighborhood or Town, and that strict enforcement of the current Zoning By-Law will result in undue hardship to the Property or the owner. Thereafter, a Motion was made by Mr. Martin, seconded by Mr.Nickinello, and voted -0 in favor, to amend Decisions#2371 and#2587 to authorize the continued residential use of Unit A on the third floor of the pre-existing,nonconforming Building 1 at the 161 Main Street Building Con ominium as requested subject to the following condition: The Petitioner shall provide the Board of Appeals office with a floor plan sketch showing the bathroom, bedroom and kitchen areas in Unit A. 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) Steve DeYoung, Chatrnan 2 i kioF Y TOWN OF YARMOUTH Jt, . Ei Town ~;il'C S 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 2I days have elapsed since the filing with me of the above Board of Appeals Decision#4772 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. " 1 pt,, + ii / `INN 'o' dl"a, 2%ilii .r/ :frit , Ir V .. �\i. 1' , , BARNSTq�,I,� REGISIRY OF DEEDS John F, Meade, Register', Law Office of Singer & Singer, LLC 26 Upper County Road P.O.Box 67 Dennisport,Massachusetts 02639 Andrew L.Singer Tel:(508)398-2221 Fax:(508)398-1568 Myer R.Singer www.singer-law.com Of Counsel November 27, 2018 Mr. Steven DeYoung, Chairman Zoning Board of Appeals Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Re: Mark Gianno Appeal #4772 Dear Chairman DeYoung, Enclosed please find a copy of the decision from the Board of Appeals for the above referenced matter which was recorded with the Bamstable County Registry of Deeds in Book 31687,Page 118 on November 27,2018. • Very truly yours, &4c,4 Susan Hunt for Andrew L. Singer • Enclosure Copy to: Mr. Mark A. Grylls,Building Commissioner /