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Home My WebLink AboutBOA 4827 Do,_= 1 ,388,563 01-17-2020 10=56 BARNSTABLE LAND COURT REGISTRY RECEIVED c q ,� NOV 26 2019 4. t7A. 0 TOWN OF YARMOUTH TOWN CLERK y BOARD OF APPEALS SOUTH YARMOUTH, MA CNE%4/ . DECISION FILED WITH TOWN CLERK: November 22, 2019 PETITION NO: 4827 HEARING DATE: November 14, 2019 PETITIONER: Chaya Rosenberg PROPERTY: 606-610 Route 28 West Yarmouth,MA Map & Lot#: 0032.66; Zoning District: B2 Doc. #: 570,192; Ctf.#: 128705 MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman,Sean Igoe,Dick Martin,Tom Nickinello, Susan Brita and Tim 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 on October 24, 2019 and was continued to the date stated above. The Petitioner seeks a Special Permit pursuant to Zoning Bylaw§ 104.3.2(3)to allow her to rebuild a pre-existing,nonconforming commercial building,which was destroyed by fire in June of 2018, on her pre-existing, nonconforming property. If needed, the Petitioner alternatively applied for a Variance pursuant to Section 102.2.2. The property is owned by the Petitioner,who plans to lease the property to both residential and commercial tenants. The property is located in the B2 Zoning District and contains approximately 7,987 s.f. of lot area and 103 feet of frontage on Route 28. The property is thus a lawful pre-existing nonconforming lot as to lot area and frontage. Since approximately 1960,the property was improved with a 2,269 square foot commercial building, which was destroyed by fire in June of 2018. The remains of the building were subsequently demolished. The former building did not satisfy the current side or rear yard setbacks,and exceeded the building coverage requirements and impervious coverage requirements. Thus, like the lot, the structure was also pre-existing, nonconforming. The Petitioner now proposes to reconstruct the former structure with a reconfigured and slightly reduced footprint,which maintains the westerly side yard setback nonconformity, slightly reduces the easterly side yard setback nonconformity, and reduces the overall building coverage on site to 25.9%. The proposal also included the addition of three off-site parking spaces, in compliance with Section 301.5 of the Zoning Bylaw. The proposed project was thoroughly reviewed and vetted by the Yarmouth Planning Board during the Site Plan Review process. No one spoke in opposition to the proposal. After discussion,the Board determined that the project increased the existing nonconforming nature of the structure, but that with the imposition of the conditions cited below, the proposal: (1) will not be substantially more detrimental to the neighborhood,zoning district,or Town;and(2)will not cause or contribute to any undue nuisance, hazard or congestion; and (3) strict enforcement of the current bylaws would result in undue hardship to the property or its owner. As such, the Board found that the proposal would meet the requirements under Section 104.3.2(3) for the issuance of a Special Permit. Thus, a Variance was not necessary, and the request for a Variance was withdrawn without prejudice. The Board recommended three conditions, which are hereby conditions of this relief: 1. The proposed fence on the northerly property boundary shall be six feet in height rather than four feet; 2. The proposed curb cut on Route 28 will be reduced from 40.2 feet to 30 feet,subject to the approval of Massachusetts Department of Transportation,with the Petitioner to report back to the Board within 24 months regarding said approval; 3. One additional off-site parking space shall be included for the proposal, for a total of four (4) off-site parking spaces within a 200 ft. radius, with two of the four spaces to be designated for the proposed residential dwelling unit and two to be designated for the proposed commercial space. No Certificate of Occupancy shall issue until the off-site parking spaces have been constructed to the satisfaction of the Building Commissioner. With these conditions, the Board finds that the Petitioner has demonstrated the requirements of Zoning Bylaw §104.3.2(3) for the issuance of a Special Permit, in that the proposal will not be substantially more detrimental nor cause undue nuisance, hazard or congestion and that strict enforcement of the current bylaws would result in undue hardship to the property and its owner. Accordingly,a Motion was made by Mr.Igoe,seconded by Mr.Martin,to grant the Special Permit, as requested, incorporating the three conditions recommended by the Board. The members voted unanimously in favor of the Motion. No permit shall issue until 20 days from the filing of this decision with the Yarmouth Town Clerk. Appeals from this decision shall be made pursuant to M.G.L. c. 40A, § 17 and must be filed within 20 days after filing of this 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; M.G.L. c. 40A, § 9). Steven S. DeYoung, rman i .at-,qk COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH � p -i ... BOARD OF APPEALS Appeal #4827 Date: December 17, 2019 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: Chaya Rosenberg 606-610 Route 28 West Yarmouth, MA 02673 Affecting the rights of the owner with respect to land or buildings at: 606-610 Route 28, West Yarmouth; Map & lot#: 0032.66; Zoning District B2; Doc. #: 570,192; Ctf.#: 128705, 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. St ved n S.DeYo , Chairman a 1 >r TOWN OF YARMOUTH Town �,h �, C1146 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 #4827 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. Philip B. , Town Clerk ASSENT The undersigned, Chaya Rosenberg, Trustee of the RK Realty Trust, being the owner of 606-610 Route 28, West Yarmouth, Massachusetts, Certificate of Title No. 128705, hereby assent to the recording of the attached Board of Appeals Decision. Executed as a sealed instrument this/p day of / /%(/4/,V 2020. haya Rosenberg,Tru 4710843