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HomeMy WebLinkAboutDecision 4772 . . ' Ek 31.887 P:911 *= 8681 11--'27- 018 ail 10 : 28 i • i 0 YYAk COMMONWEALTH OF MASSACHUSETTS I TOWN OF YARMOUTH it I BOARD OF APPEALS Appeal#4772 Date: November 7,2018 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: OWNER: Mark Gianno, Unit A of 161 Main St. Building 1 Condominium 161 Route 6A(Main Street) YarmouthPort, MA PETITIONER: 161 Main Street Building 1 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, YarmouthPort. 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; PIan 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. 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. ii,V,....,.41A4...... Steven DeYoung, airman L. s. 1 , V TOWN OF YARMOUTH "* BOARD OF APPEALS 0 7!".... :.,,'i"- � '"" DECISION 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 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. 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 to Building 2 (restaurant and apartment)are being requested. Attorney Singer provided the Board with an Affidavit from Mr. Steven Fedele, former part-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 5-0 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 Condominium 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, Chltrfnan 2 440.„t itti ih --• TOWN OF YARMOUTH A = Town 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 #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. �'}�'`''�,-� p �t,� �'F'� � � q �1 Y u�a q.= , �i's fi' ; �' / i 1 .. ., .,i+�, 1'/ „Av. -,r.Z •._ r ► W SARNS1A ;REG1sR1 OF DEEDS John F Meade, Register, Oct. 9. 2018 12:43PM No. ZZjti r. I ■ _ECEWED AFTIDAvIT AT HEARING ��. 4 ` , Now comes Steven Fedele of Marstons Mills,Massachusetts,who,first being duly sworn,does hereby on oath depose and state as fellows: l. That in 1991, I was owner of a one-half interest in and to property at 161 Main Street,YarmouthPort,Massachusetts;That I was the owner charged with the responsibility of managing the building,and I was the owner who directed all work related to the property. 2. That around 1991 the premises located on the third floor of the property at space to a 1 bedroom residents ' ^&-"w-` 161 Main Street were converted from office -• ;., apartment_ ` .. • 3. That I have a distinct memory that I obtained all necessary permits and. ' "''' ': approvals from the Town of Yarmouth relative to this conversion; I worked at that time with the building inspector,Forrest White; I was also working with Forrest White on another property,and I distinctly remember complying with all requirements as Mr.White was a thorough inspector. 4. Mr.White required that emergency lights be installed within the building, that fire extinguishers also be installed within the building.I met with all his requirements regarding the new bathroom and kitchen within the apartment. He also required an upgrade to the deck and staircase that serviced the apartment. I distinctly remember that the outside staircase did not pass the initial inspection,and I arranged for further modifications before it passed. 5. In order to comply with all requirements I hired a licensed contractor in the Town of Yarmouth,Dennis McWilliams,and he aided me in obtaining and complying with all permits. I have attempted to contact Mr.McWilliams to corroborate this Affidavit,but I was unable to located him,and I believe he is no longer doing business in this area. 6. I have searched my records exhaustively,but,as this was 27 years ago,I am without records. It is my understanding that the Town of Yarmouth is without records as well. Witness my hand and seal this day of October,2018_ Uct. 9. ZUId IL:4iVIY NO. r. 4 , 4 Steven Fedele COMMONWEALTH OF MASSACfflJSETTS Barnstable County,ss. On this day of October, 2018, before me, the undersigned notary public,person y appeared Steven Fedele,who proved to me through satisfactory evidence of identification;which was a Driver's License,to be the person whose name is signed on the preceding A(DAVTT and acknowledged to me that he signed it voluntarily and as his free act and deed for its stated purpose and who swore or affirmed to me under the pains and penalties of perjury that the contents of ocypa tare thf l and accurate to the best of his knowledge and belief. Notary Public 1 My commission expires RICHARD P.MORSE,JR. NOTARY PUBIC • coMMONWcATN OF Mas5ALHUS67i5 hL.'; My Comm,Expires 70-19-2023 TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTES Petition# /IN Petitioner`4/ //f, Hearing Date: fe -77-4? REQUEST: SPECIAL PERMIT: § VARIANCE: § Overturn B.I. Members of the Board present and voting. c:1" r-vt\tc\ W\.4eA\k\ x.c ONA‘,\te,Litvi V77441r6j It ap pearing that notice of said hearing has been given by ndin. .' a thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that pub'otice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. IN FAVOR OPPOSED -,cdQ Reason for the Decision: _�� Motion by: 'Y) Seconded by: tv R() &L Mote• ik 41+4 Members voting in favor: Opposed: Therefore,the SPECIAL PERMIT VARIANCE APPEAL is GRANTED DENIED WITHDRAWN CONTINUED TO: CONDITIONS: A EXHIBITS RECEIVED AT HEARING: . �.. CLERK: ate: l CLERK-CHAIRMAN HEARING NOTES TOWN OF YARMOUTH of; o ,+ -y BOARD OF APPEALS :� nwrr�l n css ' �p�"�"0* ` APPLICATION FOR HEARING Appeal#: Hearing Date: October 11,2018 Fee$ 161 Main Street Building 1 Condominium Trust,Trustees Richard P.Morse and Betsy Newell,Trustees Owner-Applicant: of The Morse Family Trust,and Alfred Bleu,Trustee of the Bayview Realty Trust (Full Names-including d/b/a) do Law Office of Singer&Singer, LLC P.O. Box 67, Dennisport, MA 02639 508-398-2221 alsinger@singer-law.com (Address) (Telephone Number) (Emai ress) and is the (check one) Owner Tenant Prospective Buyer Other Interested Party Property: This application relates to the property located at: 161 Route 6A(Main Street)Yarmouthport and shown on the Assessor's Map#: 122 as Parcel#: 123 CA-CI&C10 Zoning District: B1 If property is on an un-constructed(paper)street name of nearest cross street,or other identifying location: Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project. i.e.: "add a 10'by 15'deck to the front of our house"or "change the use of the existing building on the property"): RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: Amend 1987&1988 ZBA Decisions to authorize the continued use of Unit A on 3rd floor of pre-existing, nonconforming Building 1 at the 161 Main Street Building Condominium,as a residential dwelling unit as it has been used since 1991. 1) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINIS IRATOR dated attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. *Modification of Special Permits 2371 &2587 2) x* SPECIAL PERMIT under § 104.4.1 of the Yarmouth Zoning By-law and, for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 Al** .(use space below if needed) *Modification of Variance 2371, if necessary 3) x* VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: No physical changes to property are proposed and use is permitted generally Section: 203&301 Relief sought: under the Yarmouth Zoning By-Law. Section: Relief sought: Section: Relief sought: ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: **see next page FACT SHEET Current Owner of Property as listed on the deed(if other than applicant): Mark Gianno 235 Barnstable Road,Hyannis, MA 02601 Name&Address Master Deed,Bk 6616,Pg 209,as amended and Title deed reference: Book&Page# Unit Deed,Bk 19986,Pg 168 or Certificate# Land Court Lot# Plan# (provide copy of recent deed) Commercial,Offices,Restaurant, Use Classification:Existing: Residential §202.5 # Al, H-K, 0 Proposed: Commercial,Offices,Restaurant, §202.5# Al, H-K,0 Residential Is the property vacant: No If so,how long?: Lot Information Size/Area: see plan Plan Book and Page 600 / 29 Lot# Is this property within the Aquifer Protection Overlay District? Yes No X Have you completed a formal commercial site plan review(if needed)? Yes No N/A X Other Department(s)Reviewing Project: Indicate the other Town Departments which are/ have/or will review this project,and indicate the status of their review process: None Repetitive Petition: Is this a re-application: No If yes, do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s)and other available information. Include a copy of the decision(s)with this application: Petitions 2371 &2587 Building Commissioner Comments: 161 Main Street ding 1 Condominium Trust Mark Gianno B : . ( By Applicant' /Attorney gent ignature Owner's Signature Andrewl finger,Atty Address: Law Office of Singer&Singer, LLC P.O. Box 67, Dennisport, MA 02639 Phone 508-398-2221 E-Mail: alsinger@singer-law.com ' 791( Lill ;p'�' �" - issioner Signature Date 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 Yarmouth Board of Appeals Petition#4772 SUMMARY OF REASONING Richard P. Morse and Betsy Newell,Trustees of The Morse Family Trust, and Alfred Bleu, Trustee of the Bayview Realty Trust[collectively"Applicant") are the Trustees of the 161 Main Street Building 1 Condominium Trust and manage Building 1 at 161 Route 6A(Main Street) Yarmouthport["Property"]. The Property is the site of the 161 Main Street Condominium and contains two buildings. Building 1 at the front contains nine(9)units. Building 2 at the rear contains two (2)units, one of which is Jack's Outback II Restaurant. The original 161 Main Street Condominium was created in 1989 with each building on the Property being one collective, respective Unit. In 2005, Building 1 was divided into the nine(9)existing, separate Units by Amendment to the Condominium Master Deed under the Declarant's reserved rights. The Property has been before the Board of Appeals twice, once in 1986-87 and once in 1988 (Special Permits#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. This application for an amendment deals with a portion of Building 1 only. There are no physical changes proposed to the Property. The request is to authorize,to the extent needed, continued residential use of Unit A on the third floor of 1 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 to Building 2 (restaurant and apai tment)are being requested. The reason for the current application is in response to a question that was recently raised as to the longtime residential use of Unit A. After extensive review with Building Department officials of the prior zoning decisions as well as all permits and entries that can be located in the Town files for the Property,it was determined that the best course of action to answer this question is to seek an amendment of the prior relief, as necessary, to expressly authorize the continued residential use of Unit A. The owner of Unit A(who also signed the ZBA Application)is Mark Gianno who purchased the Unit in 2005. The Applicant is thus seeking 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 Condominium. In reviewing such a request, the Board is authorized under the Yarmouth Zoning By-Law to grant the relief if it determines that the proposal either conforms to the current Zoning By-Law or 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. The Applicant respectfully submits that the proposal complies with the above special permit criteria,will not be substantially more detrimental or nonconforming, and will to the contrary be a benefit to the neighborhood and the community because: 1. In Decision#2371,the Board approved the then-present uses of Building 1 (which did not include residential in Unit A at that time)and stated that"any future changes in 2 use will necessitate further appeals to this Board." In Decision#2587, the Board approved the condominium creation and stated that"prior to any change in occupancy of any unit, the prospective occupant shall present to the Town of Yarmouth Fire Department and Town of Yarmouth Health Department a list of any hazardous materials...." When the then-owner changed the use of Unit A to a residential apartment twenty-seven(27)years ago in 1991,he first consulted with the Yarmouth Health and Building Departments and followed their instructions for such use. The then-owner recalls obtaining all necessary permits,but the same cannot be located at this time. The then-owner believed that he had complied with the conditions in the Board of Appeals decisions; 2. Residential use is generally a permitted use in the B2 Zoning District and maintaining this use in a portion of Building 1 will continue to provide a needed housing option in the Town of Yarmouth; 3. No physical changes to the Property are proposed and there will be no impact to traffic flow and no change in how the Property has operated for almost three decades; 4. There will be no negative impact to drainage, septic flow or stormwater; 5. The proposal will not cause or contribute to any undue nuisance,hazard or congestion in the neighborhood,zoning district or Town; and 6. The Property will continue to be an asset to the character of the neighborhood and Town. For all of the above reasons,the Applicant respectfully requests that the Board of Appeals make findings that the proposal satisfies the criteria of the Zoning By-Law and grant an amendment to the prior Decisions, as necessary, to allow the continued used of Unit A in Building 1 as a residential dwelling unit. 3 .,:, ;ioh $ • f = . 1 s^ _.. 1 Z....A ,' / / ! 7 r _ . 14- t / wn • slicer i' .c 4 it �. v.,, act s M 46T El, Pl_P.11 01- za./ err' •-u<i- 1... "/a s'•d:,,t '/41 MAIIJ STCE T COAIDOMIUttJM' y.wAJ IJ 11J -..:j' • 6YA2MOUTHPO2.T�YA2.MO4.4T*-{,MASS. -4..c._4. .sa.`rev=.,zc,swam. / POLOac Fog -tw:u:us.......wm......i.-..z,m.s. EA CH AMA:, MOZ 56_ r. 1Oauu..v ur e _ tll�•f+T' r - o'nwoeiee. 1...'s '. .�uU.QhF`� T of N`J�K �.444.4 C�^;�.•r ar,.nus owuc¢w,e aaM `— . do O . •o.To.los - s..cz 1 cv _Z avac+'s I/SI-37 . Bk 19986 P0168 644054 06-29-2005 S 09 a 13ci QUITCLAIM DEED We, Alfred A.Bleu f/k/a Alfred A.Bleau,Trustee of the Bayview Realty Trust under declartion of trust dated September 21, 1982, recorded in Book 3564, Page 305 of 28. Peachtree Road,Marstons Mills, Massachusetts and Richard P.Morse,Jr.&Betsy Newell, Trustees of the Morse Family Trust u/d/t dated July 1, 1985 and recorded in the Barnstable County Registry of Deeds in Book 4634, Page 118 for consideration of One Hundred Seventy Five Thousand ($175,000.00) Dollars hereby grant to Mark Gianno of 78 North, Street, Hyannis,MA 02601 WITH QUITCLAIM COVENANTS The Unit known as"A"located in"Building 1",of the 161 Main Street Condominium created by Master Deed dated January 5, 1989 and recorded with the Barnstable County Registry of Deeds in book 6616,page 209, as amended by amendment to Master Deed dated 6,Yr recorded in the Barnstable County Registry of Deeds in Bookl`91Page 1/ LcwS The post office address of the Condominium is: 161 Main Street Condominium, 161 Main Street,Yarmouth Port,MA 02675' The Unit conveyed is laid out as shown on plans filed with said Master Deed. The Unit being, hereby conveyed is shown on a copy of a portion of said plans attached hereto containing a verified statement in accordance with Massachusetts General Laws chapter 183A,section 9. Said Unit is conveyed subject to and with the benefit of the obligations,restrictions,rights and liabilities contained in G.L.c. 183A, the Master Deed and the terms of the 161 Main Street Building 1'Condominium Trust recorded with the Master Deed. The condominium and each of the units are intended for all purposes permitted by the zoning ordinances of the Town of Yarmouth. The undivided percentage interest of the Unit conveyed hereunder in the common area and, ARDITO,SWEENEY STUSSE,ROBERTSON facilities is 19.9%percent. &DUPUY,PC ATTORNEYS AT LAW For out title seed deed recorded in book 13795,page 35. WEST YARMOUTH,MASS 02673 (508)775-3433 Bk 19986 Pg 169 #44054 The above Trustees hereby certify in accordance with the terms of the Trusts referenced herein as follows: 1. That they are the incumbent Trustees of their respective Trusts; 2. That said Trusts have never been amended or modified to date; 3. That said Trusts remain ill effect and have never been terminated; and. 4. That the Trustees have been duly directed by the. beneficiaries who are of full and legal age, competent, and owning 100% of the beneficial interest in and to the aforesaid trusts to sell the property described above and that. the Trustees have authority to execute such documents as they deem necessary in order to effectuate the this transaction,. Subject to and together with all restrictions,rights,reservations,easements and encumbrances of record. WITNESS my hand and seal this f day of June,2 05- -. Al d A.Bleu f/k/a Alfred A. Bleau T tee of Bayview Realty Trust Richard P orse,Jr. r ustee v i etsy New '11,Trustee COMMONWEALTH OF MASSACHUSETTS Barnstable,ss June,fs 2005 On this / day of 04.-- , 2005, before me, the undersigned notary public, personally appeared Then personally appeared Alfred A.Bleu f/k/a Alfred A.Bleau as Trustee as aforesaid and Richard P.Morse,Jr.and Betsy Newell,Trustees as aforesaid,proved to me through satisfactory evidence of identification,which were driver's license,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he/s e/they signed it voluntari for its stated purpose_.. tfASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date 06-2?-2005 a 09:13ast Ct10 319 Dot':' 44054 ARDCTO,SwEENEY STUSSE,ROBERTSON O "Y.Public Fee: 598.5�G Cons 175,000.00 SEDUPUY PC My commission expires V 6 o6 BARNSTABLE COUNTY` EXCISE TAX ATTORNEYS AT LAW BARNSTABLE COUNTY REGISTRY DF DEEDS WEST YARMOUTH,MASS Date. 045-29-•2005 a 09:133as 02673 Ct 1 t: 319 Doc:: 44054 CHft15111�a M.au� �� '. Fee: $399.00 Cons; $175000.00 (508)775-3433 , t, 4 COMYONWEALDI of r My Corm,.Exp • s • 6001i5553PAGE 095 08919 THE COMMONWEALTH OF MASSACHUSETTS vomnovn City or Town BOARD OF APPEALS • Date: January 12 ,19 87 • Certificate of Granting of Variance or Special Permit • (General Laws Chapter 40A,Section 1 I) The Board of appeals of the City or Town of YARMOUTH hereby certifies that a Variance or Special Permit has been granted To Rie4Ard Mnrao, Sr. Address 59 Bay Lane City or Town Centerville. Massachusetts affecting the rights of the owner with respect to land or buildings at {, ;1;a•.,G}yq��_ YormellOport. MARRAeh aprtR. And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance— special permit, and that copies of said decision,and of all plans referred to in the decision,have been filed with the planning board and • the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,Section 11(last paragraph)provides that no variance or special permit,or any ex- tension,modification or renewal thereof,shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or 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 u der the name of the owner of record or is recorded and noted on the owner's certificate of tit! .The fee for such recor- ding or registering shall be paid by the owner or applicant Chum.R Donald Henderson BOOK 34' clerk .R. PAGE• - -� FORM 1004 HOaaS!WARREN,INC..Rr ISID 15711 • • . • ' • • • 00%5553 PAGE 096 • WARD Of AreliAIS 1-110 1.40: 2 2 HEAkING DA1E: 10/13/86 PE1111trof; Richard.P. Morse, Jr. ,, Petition No.: 2371 9 Bay Lane • Centerville, MA 02632 Del 6104C:6 17:; 22 Pi The petitioner requests from the Bcard a variance and/or special permit to allow: 1. two-way traffic at entrance to proprovin eight-foot lanes; 2. buffer of 7rss than ten feet; 3. gravel parking for year-round bni.inors; 4. chane of use of.besinres in ,.,.iting nun-conforming structure As ilwwn on A:.'eStit,r'S Map0101 pareel A8. Members of Board of Appeals present: DonalilietaIesson,•Fritz Lindquist, Leslie Ce.Lebell, • Audith Sullivan. Philip Magnuson. It apFe"ring that notice of II h•dring 'has bovn Elven by $,nding motile thereof to the petiti.;wr and all thoce L....viers of proi.otty .1,.:od by the Board to be aifeeted tt,r,hy iuud tLat public notice of such laaring Laving hc.wn given by publication in Ile Register on 10/9/86 and 10/16/86, the hvaring was opened and held on the date first above written. The follewini. eo:ared in favor of the petition: Rirbard Morse; F.. Kidwell. :'he follcw.tru: alpre.-red in ce,pesitien Mr. Miller; Ed. Teaeue. REASON FOR DECISION The prcperty is :11own un Asse:.sor's M....pp101 as parcel AS. A lengthy public bearing bold and petiti.,ner, as well as othor intvrested parties t•pelie. The building on the loeuh the adoption of zoning in the Town and is extremely close to the lot line. PetItieeer 1 us done the best he can. under' the circumstance with respect to ingress and egress aud bufferin The Board unanimously finds that 1,2 and 3 as set forth above will not cause any undue nuisance, hazard or congestion or any harm to the established character of the roighborheod. To the octent a variance is needed it is granted. This grant of relief is prodi,%ted on the present uses in the building.Should the uses change, there could he nuisance, hazard and congestion. Consequestly. the Board is unwilling to grant carte blanche with respect to future uses. The present uses of the building are approved, but any future changes in use will nece•. tcal further appeals to this Board. 'Members of the Board voting: Donald Henderson, Fritz Lindquist, Leslie Campbell. Judith Sullivan, Philip Magnuson. Therefore the petition for variance end/or :pecial permit is granted as conditioned and set forth above. No permit issued until 20 days from date of filing decision with the Town Clerk. Ft'1tF :14T&P.W .Clerk • • • • • R • • • • • • BooK5553tacE 097 Appeal # 2371 • • • CERTIFICATION OF THE TOWN CLERK I, Kathleen D. Johnson, Town Clerk. Town of Yarmouth do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals #2371 decision and that no notice of appeal of said decision has been filed with me. or if such appeal bas been filed it has been dismissed or denied. • • Kathleen D. J neo Town Clerk • • • • • • REGORGE"FEB 1187 • • • 1 Y , BOOK 6570 PAoE 117 715T2 THE COMMONWEALTH OF MASSACHUSETTS YARMOUTH • City or Town BOARD OF APPEALS • Date: December 9 919 88 Certificate of Granting of Variance or Special Permit (General Laws Chapter 40A, Section 11) i The Board of appeals of the City or Town of YARMOUTH hereby certifies that a Variance or.Special Permit has been granted To The Morse Family Trust Address 161 Route 6A City or Town Yarmouth (Port) Massachusetts affecting the rights of the owner with respect to land or buildings at • 1 161 Route 6A. Yarmouth (Port) Massachusetts And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance — special permit, and that copies of said decision, and of all plans referred to in the decision,have been filed with the planning board and the city or town clerk. . . The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph)provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or 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 c- ificate of title. The fee for such recor- ding or registering shall be paid by the owner or applican I`11' \ 4 ,rmv. Chairman Pro Teen David B. Oman Clerk FORM 1094 HOBBS&WARREN, INC.. REVISED 1978 Y ' • BOOK 6570 PAGE 118 • • t >_. rN TOWN OF YARMOUTH r. BOARD OF APPEALS ,88 NOV 18Fii;r2c50w ith Town Clerk NOV ! 8 1988 Hearing Date: 10/13/1988 Petition No. 2587 {g y.� PET.I:TIONER: ' The Morse Family Trust et al UYPk ILIlf1 eL uuy C5; IkEAS i... • .. DECISION .The Petitioner requested a Special Permit under Section 104.4.1 of the Yarmouth Zoning By-laws to allow conversion of existing structures to the condominium form of ownership; project consists of two buildings with an initial total of 2 units located at 161 Main Street, (Route 6A) , Yarmouthport, Mass. , and being shown on Assessor' s Map .No. 101 as Lot A8. Members of the _Board present: David Oman, Leslie Campbell, Fritz. Lindquist, Philip Magnuson and Joyce Sears. • It appearing that notice of said hearing has been given by sending notice thereof to the Petitioner and all those owners of property deemed by the Board to be affected thereby, and that public notice of such hearing has been given by publication in The Register, the hearing was opened and held on the date first above written. • The following appeared in favor of the Petition: Myer R. Singer , Attorney for the Petitioner. No one appeared in opposition. Reason for Decision: Under 104.4.1 any legally existing structure may be converted to a condominium form of ownership upon filing an application on Site Plan Review and upon filing an application to the Board of Appeals which determines whether there is no change of use and whether the declaration of condominium defines the existing use and sets forth proper management authority to insure maintenance and repair of public health and safety aspects. • • • The Petitioner did file an application with Site Plan Review and, the application was reviewed on September 20, 1988, • a copy of which review is filed. with the Board of Appeals. • The Petitioner also has filed copies of its Master Deed, By-laws, floor plans, and site plans. The Board has reviewed the findings of the Site Plan Review, • :1 BOOK 6 5 7 0 PAGE 119. as well as the Master Deed, By-laws, and the floor plans and site plans. After this review, the Board finds that the Special Permit may be granted for the following reasons: 38 NOV 1$ P 2 :03 1. There is no change in use resulting from the conversion a condominium for of ownership. tN CLERK & TREASuf.f 2. The condominium documents define the use and provide for the proper management authority to insure maintenance and repair of the public health and safety aspects of the condominium premises. 3. As the use will remain the same, the requested relief can be granted without a detriment to the public good. 4. There would be no nullification or substantial derogation from the intention o•r purposes of the Town of Yarmouth Zoning By- laws in that the proposed documentation will protect the interests of the community as set forth in the By-law. 5. The Board determines the foregoing on the condition that the requirement of. the Yarmouth Fire Department that hard wired smoke detectors between the restaurant and the upstairs apartment be laid out in accordance with the requirements of the Yarmouth Fire Department as set forth in the report of the Site Plan Review Team and provided that the Master Deed contain the following two provisions: • a. All drainage pipes and waste disposal systems shall be maintained by an inspection at least once every two (2) years and shall be pumped at least every four (4) years or sooner if required. b. Prior to any change in occupancy of any unit, the prospective occupant shall present to the Town 'of Yarmouth- Fire Department and Town of Yarmouth Health Department a list of any hazardous materials including the quantities, information re- quired by the Materials Safety Data Sheets, and intended storage and method of handling of any such hazardous materials, all such use and storage to be subject to the review and approval of all appropriate municipal and state agencies and departments. ` I Members of the Board voting in favor: . David Oman, Leslie Campbell, Fritz Lindquist, Philip Magnuson, Joyce Sears. Members of the Board voting in opposition: None • Therefore,' by a vote of five in favor and none opposed, the 2 i ` BOOK 657 OPAGE 120 Petitioner's request for Special Permit under Section 104.4.1, subject to the aforesaid conditions set forth in Paragraph 5, is granted. No permit shall issue until 20 days from the date of filing the decision with the Town Clerk. Fritz Lindquist, Clerk CERTIFICATION OF TOWN CLERK: - I I, Kathleen D. Johnson, Town Clerk, Town of Yarmouth do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals #2587 decision and 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. "-• fr c e� b • • '' cam` -i 1).�•�• o--yo-Y ^s ..or/ "*"; - : • �- _ s:FCCCCCC � � i • • • • • R 3 • 'RECORDED DEC 27 88 YARMOUTH BOARD OF APPEALS ABUTTERS LIST 181 Main Street Building 1 Condominium Trust,Trustees Richard P,Morse and Betsy Newell, Petition# Name Trustees of The Morse Family Trust,and Alfred Bleu,Trustee of the Bayview Realty Trust Filing Date: 9/19/18 Hearing Date: 10/11/18 Property Location: 161 Route 6A(Main Street)Yarmouthport Notices must be sent to the petitioner(applicant),abutters,and owners of land directly opposite on any public or private street or way,and abutters to the abutters(only within 300 feet of the property Iine)of the petitioner as they appear on the most recent applicable tax list. Provide only the abutters map and lot number. You can get assistance with this list from the Assessor's Office. Postage charges for all applications will be determined by multiplying the number of abutters (and the parcel (s)in question) times .560, which is the current cost for the two required mailings. Add that to the application fee and include your check with the application. Map Lot Number Map Lot Number Number Number Applicant# 122 123 CA 122 123 CB Abutters#'s 122 123 CC 122 123 CD • 122 123 CE 122 123 CF 122 123 CG 122 123 CH 122 123 CI 122 123 C10 113 15 113 17 122 15.2 122 16 122 24.1 122 33 122 34 122 35 122 36 122 37 • 122 38 122 39 122 40 122 41 122 42 122 112 122 113 122 114 122 115 122 116 122 117 122 118 122 119 122 120 122 121 122 122 122 124 122 125 122 126 122 127 122 128 122 129 C1 122 129 C2 122 129 03 122 130 Ill 2 Labels-1 Hard Copy Assessors Field Card with photo Andy Machado,Director of Assessing 113/ 15/ / / 122/ 40/ / / 122/ 119/ / / KNAUER DAVID G TR WRIGHT WILLIAM R JR 175 MAIN STREET LLC KNAUER MARY JUDITH TR WRIGHT STEFANIE E 175 ROUTE 6A 30 NORTH SANDYSIDE LN 176 MAIN ST YARMOUTH PORT,MA 02675 YARMOUTH PORT,MA 02675 YARMOUTH PORT,MA 02675-1712 113/ 17/ / / 122/ 41/ / / 122/ 120/ / / MARSHALL BRIAN A HORGAN PATRICK A BURBANK EMILY L TRS 54 NORTH SANDYSIDE LN SPRINKLE CHERYL BURBANK ROSLYN D TRS YARMOUTH PORT,MA 02675 180 ROUTE 6A 364 ROUTE 6A YARMOUTH PORT,MA 02675 YARMOUTH PORT,MA 02675 122/ 16/ / / 122/ 42/ / / 122/ 121/ / / DYKA ROBERT P TRS STUART JOHN C LONE TREE LLC C/O DYKA FREDERICK A JR BARRON-STUART BARBARA 169 ROUTE 6A 37 FLINTLOCK WAY 182 ROUTE 6A YARMOUTH PORT,MA 02675 YARMOUTH PORT,MA 02675 YARMOUTH PORT,MA 02675 122/ 33/ / / 122/ 112/ / / 122/ 122/ / / SWIFT DAVID H DILLON MARY LINDA L GALVIN GERALD M 138 ROUTE 6A 183 ROUTE 6A GALVIN LAUREL R YARMOUTH PORT,MA 02675-1645 YARMOUTH PORT,MA 02675 165 ROUTE 6A YARMOUTH PORT,MA 02675-1713 122/ 34/ / / 122/ 113/ / / 122/ 123/ CA/ / ZUCCALA VINCENT J MANNING HELEN T(PERS REP) GIANNO MARK ZUCCALA TARYN R 179 ROUTE 6A 235 BARNSTABLE RD 1130 UNION ST YARMOUTH PORT,MA 02675 HYANNIS,MA 02601 MANCHESTER,NH 03104 122/ 35/ / / 122/ 114/ / / 122/ 123/ CB/ / WITTE PHILIP&SUSAN KINKEAD RICHARD H MORSE RICHARD P TRS PO BOX 103 20 MINDEN LN C/O DUPUY CATHERINE A YARMOUTH PORT,MA 02675 YARMOUTH PORT,MA 02675 60 POWERS DR CENTERVILLE,MA 02632 122/ 36/ / / 122/ 115/ / / 122/ 123/ CC/ / ORVIS PAUL WHITIN IV BEARSE JOYCE GRANT JOHN A C/O ORVIS PAUL WHITIN IV P O BOX 258 161 ROUTE 6A UNIT E PO BOX 824 YARMOUTH PORT,MA 02675-2028 YARMOUTH PORT,MA 02675-1713 YARMOUTH PORT,MA 02675 122/ 37/ / / 122/ 116/ / / 122/ 123/ CD/ / VITROUK JESSICA CARTER JOHN R MORSE RICHARD P TRS VITROUK ARKADY CARTER ARLENE DUPUY CATHERINE A TRS 156 ROUTE 6A P O BOX 162 60 POWERS DR YARMOUTH PORT,MA 02675 YARMOUTH PORT,MA 02675 CENTERVILLE,MA 02632 122/ 38/ / / 122/ 117/ / / 122/ 123/ CE/ / PELLEGREN LYNDA M GRAY DONALD H GRANT JOHN A 162 ROUTE 6A GRAY NOEL S 161 ROUTE 6A UNIT E YARMOUTH PORT,MA 02675 21 MINDEN LN YARMOUTH PORT,MA 02675-1713 YARMOUTH PORT,MA 02675-1721 122/ 39/ / / 122/ 118/ / / 122/ 123/ CF/ / SILVA HOLLY E PANEBIANCO ANTHONY THOMAS MORSE RICHARD P TRS C/O DAYBOARD INC 7 MINDEN LN C/O TEMOC INC 168 ROUTE 6A YARMOUTH PORT,MA 02675 161 ROUTE 6A YARMOUTH PORT,MA 02675 YARMOUTH PORT,MA 02675 r .. 122/ 123/ CG/ / 122/ 129/ C2/ / MORSE RICHARD P TRS CLARK CHARLES C/O TEMOC INC 139 ROUTE 6A UNIT 2 161 ROUTE 6A YARMOUTH PORT,MA 02675-1713 YARMOUTH PORT,MA 02675 122/ 123/ CH/ / 122/ 129/ C3/ / MORSE RICHARD P TRS CLARK GORDON III TEMOC INC 141 ROUTE 6A UNIT 3 161 ROUTE 6A YARMOUTH PORT,MA 02675-1713 YARMOUTH PORT,MA 02675 122/ 123/ Cl/ / 122/ 130/ / / MORSE RICHARD P TRS LINK JUDITH A C/O TEMOC INC 18 NORTH SANDYSIDE LN 161 ROUTE 6A YARMOUTH PORT,MA 02675 YARMOUTH PORT,MA 02675 122/ BARRATA123/DONA MC10/ / OSHAUGHNESSY122/ 15.2/ /JOHN/G 161 ROUTE 6A UNIT 2 OSHAUGHNESSY ANNE H YARMOUTH PORT,MA 02675-1713 9 DEER RUN OLD SAYBROOK,CT 06475 122/ 124/ / / 122/ 24.1/ / / HILL GEORGE J JR BASLER BRIAN TRS PHILLIS ISLAND TRUST SULLIVAN WILLIAM TRS 159 MAIN ST#6A 46 MINNETUXET WAY YARMOUTH PORT,MA 02675-1713 YARMOUTH PORT,MA 02675 122/ 125/ / / WATANABE YUJI WATANABE ALDA M Please use this signature to certify this list of properties 157 ROUTE 6A abutting within 300'of the parcel located at: YARMOUTH PORT,MA 02675-1713 161 Route 6A., Yarmouth Port, MA 02675 Assessors Map 122, Lots CA, CI and C10 122/ 126/ / / .4/Z 71 BASS RIVER DEVELOPMENT LLC JESSE HAGOPIAN Andy Ma ado, Director of Assessing 95 ROUTE 6A YARMOUTH PORT,MA 02675 122/ 127/ / / HAGOPIAN REBECCA JEAN 95 ROUTE 6A YARMOUTH PORT,MA 02675 122/ 128/ / / GRANT VALERIE 143 ROUTE 6A YARMOUTH PORT,MA 02675 122/ 129/ Cl! / CLARK JON 101 TURNER AVE ENCINITAS,CA 92024 0 0 © 0 0 0 0 0o U o o i o O av ° �" a v U "� er 'C d r„ , Hto tel y o I o G in J a o o►a•- o o ' UM (r ° ' UC1 u A o o r A V o0�..0 £ p ra D i kit 7* O O • . fir �� F fit ..a. i- il Ol bq ,s bA aD 1-0ti - •, d b U v .. y -t, 0 ,:t i 'ci,- an co -,:s 76. ...., ,,a, ,s O y O L. 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W x ar FP e°' b b ° sU oC. 0 2 yC // Bk 1.9986 Pg 170 #44054 • COMMON WA li S 79' 597 48* E u I 6 • - 22.T '" c1o51:r 6 a 6.4 CLOSET az ,� z Z 6 r • 28.0' . • 0 0 v w I CERTIFY THAT THIS PLAN 14_ - SHOINS THE UNIT DESIGNATION11 UNIT •A . OF THE UNIT BEING CONVEYED b .- fri3t S.1+. . In in AND OF THE IMMEDIATE ADJOINING UNITS AND THAT IT• z • N FULLY AND ACCURATELY DEPICTS • ' • THE LAYOUT, LOCATIONS, - DIMENSIONS, APPROXIMATE AREA, ` 04 MAIN ENTRANCE AND IMMEDIATE — COMMON AREAS TO WHICH IT _• �+ ERAS ACCESS AS BUILT. -� • /- tK/.. • ENTs f ' DATE: fr�Y�.'s. �''ti • «..... .� ' j # : REG.. LA 's I z`q;R„ , UNIT PLAN• • 161 MAIN STREET CONDOMINIUM" • Scale:1"=g'MIN MINI MIIIIIIIIIIIIIIIIIIIII B • UILDING 1 UNIT: A • imms ,... . .t 0 4 8 12 16 20 FEET , LAND IN - O a -362- +1 (YARMOUTHPORT) YARMOUTH,. MASS.P i - fax 508-382-9880 PRAREt FOR • down cape engineering, inc. CIVIL ENGINEERS ANDLAND SURVEYORS • BAY_ VIEW REALTY TRUST . • 999 main st.. yarmo�tthgort, ma 78 MORSE FAMILY TRUST • OCE #86-162 DATE:. JUNE 3, 2005 BARNSTABL'E REGISTRY OF DEEDS Clark, Sandi From: vonHone, Amy Sent: Tuesday, October 9, 2018 3:31 PM To: Clark, Sandi Subject: RE: Board of Appeals Agenda 10-11-18 PETITION #4772: 161 Route 6A, 161 Main Street Building 1 Condominium Trust, Yarmouthport The Health Department file indicates this property is currently serviced by a 1987 Title 5 septic system that was designed for Office/Retail use with a total design capacity of 642 gal/day. Subsequently, a letter from Down Cape Engineering, dated 1994, was added to the file indicating the septic capacity was large enough to handle the conversion of the third floor to a 1 Bedroom apartment. Due to the lack of records in the Health Department file or submitted Rental Permit applications, our office cannot confirm the use of the third floor apartment from 1994 through 2017. Prior to this apartment or any additional apartments in the building being rented, the apartment(s) must be currently registered through the Health Department Rental Program. Additionally, an inspection is required to determine full compliance with the Housing Code and to confirm the appropriate occupancy numbers. This property has documented housing violations on file from July, 2018 which must be corrected prior to tenant occupancy if not already completed. All residential rental units must be registered annually with the Health Department per TOY Rental Bylaw.