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Home My WebLink AboutBOA ti Bk 32306 Psi 132 4- 22,6, ' U -yam •., 09-18-2019 a 1 1 0 04Q TOWN OF YARMOUTH 0 - y- PLANNING BOARD "-, MATTA H ES 41 '.'J,, N,ORPORRTEcoo DECISION FILED WITH TOWN CLERK: July 31, 2019 - - PETITION: #114 HEARING DATE: July 17, 2019 PETITIONER: YM Owner LLC, 1264 Main Street, Waltham MA 02451 OWNER: YM Owner LLC, 1264 Main Street, Waltham MA 02451 PROPERTY: 881 Route 28 (former Cavalier Motor Lodge) Assessor's Map 41, Parcel 48. Zoning District B2 & Hotel Motel Overlay District 1 (HMOD1) MEMBERS PRESENT AND VOTING: Brad Goodwin, Thomas Roche, Norman Weare, Lee Rowley, Joanne Crowley and Tom Baron. Notice of the hearing having been given by sending notice thereof to the petitioner and to all those N owners of property, as required by law, and notice of the hearing to the public having been given by posting said notice with the Town Clerk and by publishing in The Register newspaper, the 4 hearing was opened and held on the date stated above. PROJECT SUMMARY: The Owner/Applicant, YM Owner LLC, seeks relief under Zoning Bylaw Section 404 - Motel Bylaw for property located at 881 Route 28, South Yarmouth MA, Map 41, Parcel 48, Zoning Districts B2 and HMOD1. The applicant seeks relief through a Special Permit from Zoning Bylaw Section 404.1.11 to reduce the front yard setback for Building "A" located along Route 28 from 25' to approximately 22.9' due to the construction of the front porch roof within the front yard setback. PLANS AND OTHER INFORMATION SUBMITTED AND MADE PART OF THIS DECISION: 1. Site Plan prepared by BSC Group of 349 Route 28, Unit D, West Yarmouth MA and entitled "Phase I As-Built 881 Route 28 in South Yarmouth Massachusetts (Barnstable County) Yarmouth Commons", dated May 30, 2019 with a revision date of June 6, 2019. 2. Three Photos of the constructed Porch on Building "A" located along Route 28. DISCUSSION: Kieran Healy of BSC Group, representing the Owner/Applicant, gave a brief presentation and overview of the requested relief. He noted that the roof of the front porch along Route 28 was constructed approximately 2.1 feet into the front yard setback due to an oversight. He outlined the aesthetic benefits of the porch as constructed and noted that the posts and concrete pad are outside the setback with only the roof overhang within the front yard setback. Planning Board Decision, Petition #114 No written comments were received. Diane Pratt, 6 Nantucket Avenue, was present at the public hearing and was in opposition to the requested relief. Ms. Pratt expressed concerns about the front building being so close to Route 28 and safety of the children living there, traffic impacts and impacts from people walking through the neighborhood. Brad Goodwin noted that these issues were outside of the purview of the requested relief and asked if she had any specific issues with the porch itself. Ms. Pratt stated that she had no issues with the looks of the porch as constructed, but felt it should not be allowed because it was done in error. The Planning Board members discussed the requested relief and reviewed the photos provided. The Board generally felt the porch was attractive, helped break up the mass of the building and was minor in nature. FINDINGS: The Planning Board is able to give relief through a Special Permit per Section 404.1.3 of the Zoning Bylaw. The Board has reviewed the submitted plan and photos with respect to the general criteria set forth in Bylaw Section 103.2.2 and finds that no undue nuisance, hazard, or congestion will be created by the granting of the requested Special Permit and that there will be no harm to the established or future character of the neighborhood or town. The Planning Board reached this determination based on the following: • The design of the porch is proportional to the building and helps to breakdown the building height and incorporates a pedestrian scale element to cover the front entrance. • Removal of the portion of the porch located in the encroachment would have a negative impact to the overall architectural aesthetic of the building and the Route 28 streetscape. • The front yard encroachment is along Route 28, a commercial corridor, and not along a residential street or neighborhood. • The support posts and concrete pad for the porch are located outside the front yard setback with only approximately 2.1 feet the roof overhang encroaching into the front yard setback. • The property has a very long frontage along Route 28 of approximately 470 feet. The length of the encroachment of approximately 45' is relatively short in comparison, lessening any visual impact. VOTE: On a motion by Tom Roche, and seconded by Norm Weare, the Board voted unanimously(6-0)to grant the relief requested in Special Permit Petition #114 for the reduction in the front yard setback for Building "A" located along Route 28 from 25' to approximately 22.9' due to the construction of the front porch roof within the front yard setback, as it does not create undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or Town. No permit shall be issued until 20 days after the date of filing this decision with the Town Clerk of Yarmouth. Appeals from this decision shall be made pursuant to M.G.L., ch. 40A, §17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. This decision must be recorded at the Registry of Deeds and a copy forwarded to the Planning Board. Bra in, Chairman Yarmouth P nning Board Page 2 of 2 t ` Y` k COMMONWEALTH OF MASSACHUSETTS .. . :- TOWN OF YARMOUTH a PLANNING BOARD L 4 4 9 'w P41 GMt E.. Petition #114 Date: August 21, 2019 Certificate of Granting of a Special Permit (General Laws Chapter 40A, section 11) The Planning Board of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Owner/Petitioner: YM Owner LLC, 1264 Main Street, Waltham MA 02451 Affecting the rights of the owner with respect to land located at 881 Route 28 in South Yarmouth, MA said land located in the B2 business zoning district and Hotel Motel Overlay District 1 (HMOD1) and shown on Assessor's Map 41, Parcel 48. The Planning Board further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and that copies of said decision, and of all plans referred to in the decision, have been filed. The Planning Board 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. 4 ". Br: • o•dwin, Chairman 4\ 0:1k TOWN OF YARMOUTH Town 1146 ROUTE 28 SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Clerk Telephone (508)398-2231 ext. 213 Fax(508) 398-2365 CERTIFICATION OF TOWN CLERK I, Philip Gaudet, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Planning Board decision #114 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. 1S ,,.., , ,,, 31. 4 r)i P %We:t,�C C i-. y 411 1 i..k BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register or ? '.. ` ,k? -, N7o.. TOWN OF YARMOUTH _ Y �� Planning ��i` 1 146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492 Division ` MATTA tin ES �, %,t COA•0rrtxi:., ,s Telephone (508) 398-2231, Ext. 1276, Fax (508) 398-2365 RI September 3, 2019 at , Lll RE: Planning Board Petition 114 881 Route 28, South Yarmouth, MA Assessor's Map 41, Parcel 48. Dear Petitioner: In accordance with the Massachusetts General Laws, Chapter 40A, Section 11, enclosed you will find: 1. an original Certificate of Granting a Special Permit; 2. an original of the Planning Board's Special Permit decision, and; 3. a Town Clerk certification document. All documents must be recorded by you at the Barnstable County Registry of Deeds and/or Land Registration Office. Please provide a C. . rec¢rd@d documents to the a,: , :: K � . � s : ,. , t, at the above address. -3 26 Kathleen D. Williams, PE Town Planner Enclosures