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Home My WebLink AboutBOA Decision RECEIPT TOWN OFYARMOUTH Printed: January 15, 2020 0 13:38:18 BARNSTABLE COUNTY REGISTRY OF DEEDS BOARD OF APPEALS JOHN F. MEADE, REGISTER DECISION Trans#: 10191 Oper:NIKI ok 3 2 6 2 6 P 15 : 4-#3 ANDY 01-15-2020 al 0 3k'7'r' Book: 32626 Page: 15 Inst#: 2423 Ctl#: 729 Rec:1-15-2020 ® 1:37:29p December 18,2019 YARM 20 COMMERCIAL ST DOC DESCRIPTION TRANS AMT #4831 1 45 COMMERCIAL LLC NOTICE November 14,2019 County Fee $ 10.00 10.00 Surcharge CPA 50.00 State Fee $40.00 40.00 45 Commercial,LLC DBA Whitten Landscaping Surcharge Tech $5.00 5.00 Total fees: 105.00 20 Commercial Street,South Yarmouth,MA * * Total charges: 105.00 Map& Parcel: 0060.173; Zoning District: B1 Book/Page: 27566/273 CHECK PM 101 105.00 ,TING: Steve DeYoung,Chairman,Sean Igoe,Dick Martin,Thomas Kelley,Alternate. 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, 45 Commercial, LLC, DBA, Whitten Landscaping, seeks approval for the construction of a building for the purpose of vehicle repair and maintenance at a vacant lot located at 20 Commercial St., property in a B 1 Zoning District. Specifically, the construction proposed would require side setback and buffer relief. The Petitioner was represented by Craig Whitten and Kieran Healy. Of note, a similar project containing a residential component was authorized in 2015. The project never proceeded and the relief expired. No residential component is being included in the project as now proposed. The lot is vacant except for fencing which was of concern to an abutter, Lee Boisvert. The concern included issue with the height of the fence which the Board advised Mr. Whitten would need to be compliant with State law and Mr. Whitten assured the fence would be adjusted, as necessary, to be compliant post-final lot grading. Other correspondence was supportive of the project. The lot is, essentially, a corner lot and will be located closer to the abutting property than is required by the side setback. Further, relief is sought for the side buffer requirements. The Board agreed that the building would be a good addition to this largely industrial area and, that due to the lot shape, caused by the 90 degree curve to Commercial St. that the lot shape necessitated the building size and location in order that it serve a utilitarian purpose. Accordingly, on the request for a Special Permit regarding side- line buffer, Mr. Igoe moved and Mr. Nickinello seconded for the grant of a Special Permit to allow relief from the 10 ft. side buffer on the condition that the fence be brought into compliance with state law after fmal lot grading. The Board found that no undue hazard, nuisance nor congestion will occur nor would the relief adversely affect the character of the neighborhood or town, now or in the future if the relief was granted and on this Motion, with the condition noted, the Board voted unanimously in favor and, so, the Special Permit was granted. As to the easterly side set- back, 1 the Board found that a Variance should be granted as literal enforcement of the by- laws would result in economic hardship to the Petitioner due to shape of the lot and desirable relief could be granted without derogation of the by-laws. Mr. Igoe moved and Mr. Nickinello seconded that a Variance be granted for the side yard location as shown on Petitioner's plans, which Motion passed by unanimous vote in favor. The Variance was, therefore granted. 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 S. DeYoung, Chairman 2 TOWN OF YARMOUTH 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#4831 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. 'et Y bi ► Y4 Ii , tot, lir e' •ti BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register