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HomeMy WebLinkAboutZoning Appeal 4813 LAW OFFICES OF PAUL R. TARDIF, ESQ., P.C. 490 MAIN STREET YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R Tardif,Esq. Stacy A. Curley,Esq. ptardif@tardiflaw.com www.tardiflaw.com scurle)r).tardiflaw.com REFER TO FILE NO. August 26, 2019 Sandra Clark Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Zoning Appeal—308 Old Main Street, South Yarmouth JCW Enterprises Inc. - Petition#4813 Dear Ms. Clark: Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for the above referenced matter on August 23, 2019 in the Barnstable County Registry of Deeds in Book 32242, Page 310. Please note that a copy of the recorded Decision has been forwarded to •- Building Department for their records. I thank you for your assistance in this matter. ly Yours, // /4'.ul R. T. dif cc: Jeff and Carol Watson Mark Grylls, Building Department C REP . ; ,fl1W e I Bk 32242 P9310 040211 08-23-2019 a 01 : 040 ,' ., TOWN OF YARMOUTH ' �`' _4 .,,,;,:- - = tBOARD OF APPEALS , �y DECISION FILED WITH TOWN CLERK: July 29,2019 PETITION NO: 4813 HEARING DATE: July 25,2019 PETITIONER: JCW Enterprises Inc. PROPERTY: 308 Old Main Street,South Yarmouth,MA Map 61,Parcel 27.1 Zoning District: RS-40 Title: Book 29528,Page 219 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,Sean Igoe,Richard Martin,Tom Nickinello and Susan Brita 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 seeks to amend the existing Variance #3534, issued by this Board in 1999, or in the alternative, for a new Variance to permit public events at the property. The Property is located in the RS-40 Zoning District and is improved with two detached structures - the first a 2 story, 3 bedroom building near Old Main Street, and a 9 bedroom 2-story structure, collectively utilized as the Captain Farris House Bed and Breakfast. Both structures date back to 1845. Both buildings were owned and operated as part of the Bass River Savings Bank, which now houses the Cultural Center of Cape Cod. They have not been used as private residences in recent memory. The B&B operation consists of year round rentals of 10 guestrooms, with owners' quarters consisting of 2 bedrooms. The lot consists of 57,037 square feet, with frontage on Old Main Street to the southeast, and Mill Lane to the southwest. The property also has a 36 vehicle parking area for its guests, as well as gardens, a courtyard, formal dining room, and a parlor. The current use began in 1992 with the issuance of Variance #2941, and was modified in 1999, to allow for the expansion of owner's quarters. Several conditions were imposed in 1992, and extended with the 1999 Decision. There are no plans to change either structure, either externally or internally. The Applicant took title to the property in 2016, and has been in occupancy for the last 3 winters. Based on their revenue over that time, they can represent to the Board that 79% of their annual revenue is based on B&B occupancy from May through September (5 months) of each year. Ms. Watson has identified a need for off-season opportunities in the Town of Yarmouth, and for which void she believes that she can fill with non-B&B uses at her property. The proposal is to establish a Tea Parlor during the slower B&B months of October through May. The use would be active from 12:00 pm to 6:00 pm, seven days a week. Although labeled as a"Tea Parlor", the spaces would also be used to host family gatherings, book clubs, birthday celebrations, Bridal or Baby showers, after Church brunch and other holiday events. The capacity would be capped at 22 guests, with 10 in the dining room and 12 in the courtyard. The parlor would serve as a waiting area and an area for guests to have tea. Decision #2941, as well as Decision #3534, condition the use of the dining room "solely for the use of the guests." Although the applicant has complied with this condition, the Tea Parlor, as proposed, would be open to the public, and it is this condition that is sought to be modified. There were many letters of support read into the record, and some neighbors appeared and spoke at the hearing in support of the project. The Board was supportive of the idea and that granting the relief requested was appropriate. Pursuant to Massachusetts General Laws, c. 9, 10 and 14, this Board is vested with authority to modify prior Decisions. Based upon the facts and history of this site, recited above, and on the basis of the conditions imposed, the Board Members were satisfied that these are special circumstances relative to these structures which would cause substantial hardship to the Petitioners, were the by-laws to be strictly enforced. These historic structures are not now reasonably or advantageously suited to single family residential use. The proposed modification to the use will be consistent with the neighborhood, and more closely approximate the uses allowed in the district, while preserving the dwellings and the character of the neighborhood. Accordingly, the relief can be granted without either a substantial detriment to the public good, or nullifying or substantially derogating from the intent and purpose of the by law. The Board also found that a use such as this helps create a village center of walkable attractions, enhances the reputation of the town which appeals to diverse interests, does not replicate what is already offered by other merchants, and allows for partnerships with other entities in the area. Allowing the public to use the property, in the limited way proposed, would also be in keeping with the Applicant's Common Victualler's License. Accordingly, a Motion was made by Mr. Igoe, seconded by Mr. Martin, to modify Variance # 3534, and Variance #2941, to permit the dining room, courtyard and parlor to be utilized by the public, with the following conditions: 1. The Tea Parlor will be permitted to be operated from the Tuesday after Columbus Day each year until Memorial Day weekend. This use may be used in conjunction with the exiting B&B use; 2. Occupancy of the Tea Parlor will be capped at 22 patrons, as defined above; 3. Hours of operation of the Tea Parlor will be from 12:00 pm until 6:00 pm each day during the term defined in Condition 1 above; 4. The relief provided in this Decision shall be specific to this Applicant, and any transfer of ownership of the property or further modification shall need to be reviewed by this Board, which relief shall not be unreasonably withheld; and 5. Condition 3 recited in Decision #2941 and Decision #3534 is hereby amended to read as follows: "The dining room will be solely for the use of the guests, and the kitchen will be used only by the owner operator (not by the guests). However, and based on this Decision #4813, and the conditions listed above, the dining room may be used by non- guests in the manner permitted herein." The members voted unanimously in favor of the Motion. 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 Variance shall lapse if a substantial use thereof has not begun within 12 months. (See MGL c40A §10) Steven S. DeYoung, hairman , � THE COMMONWEALTH OF MASSACHUSETTS r4 CNEE, TOWN OF YARMOUTH BOARD OF APPEALS Appeal#4813 Date: August 19, 2019 Certificate of Granting of Variance (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: JCW Enterprises Inc. 308 Old Main Street South Yarmouth,MA 02664 Affecting the rights of the owner with respect to land or buildings at 308 Old Main Street, South Yarmouth, MA; Zoning District: RS-40; Map & Lot#: 0061.27.1; Book/Page: 29528/219 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 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) provides that no 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 days (20) 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 S. DeYonS, Chairman r _ TOWN OF YARMOUTH F- ! . y ♦= Town Z YATTACHE1ESE 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 #4813 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. ,j1J1!"L° ,v, r 1 ';...7 4 ;:te,,,:n. , fi i • t erk i 4' ' ��' i tip BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register