HomeMy WebLinkAboutBOA Decision 3851 (Yarmouth Shores 2003),
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BARNSTABLE LAND COURT REGISTRY
TOWN OF YARMOUTH
BOARD OF APPEALS Y,"-,RiViOUTH
DECISION TOWN CLERK
2(03 NU4 25 PN 4-- 19�
FTLEDWI'THTOWN CLERK: November 25,2003 R�CEIV�U
PETPPION NO. #3851faft
copy HEARING DATE; November 13, 2003 R t F c V i'
PETITIONER: CC Holdings, LLC
T y: PROPERTY: 29 Lewis Bay Boulevard, West Yarmouth
(� Assessors Map: 16, Lot: 48 (1266) Zoning District: R25
MEMBERS PRESENT AND 'VOTING; David Reid, Chairman, Sohn Richards, Joseph
I Sarnosky, Diane-Moudouris, Sean Igoe, and Forrest White,Alternate.
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C It appearing that notice of said hearing has been given by sending notice thereof to the petitioner
p and all those owners of property deemed bythe .Board to beaffectedthereby, and to the public
by posting notice of the hearing and published in The Register, the hearing was opened and held
N) on the date stated above.
The petitioner requests, in the alternative, several Special Permits and/or Variances, in order to
be permitted to convert an existing non -conforming _mixed use cottage colony to a residential
condominium complex. The property is within the R25 zone. The site contains approximately
O 2.2 acres of land. It is presently improved with 11 buildings, housing 13 residential `units".
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The petitioner provided the board with extensive historical information about the site. It began
as a private family compound with several residential buildings and accessory structures. Over
the years, several additional cottages have been added, as its use evolved into a predominately
�p seasonal cottage colony. Several of the original structures are substantial dwellings with
(X} significant architectural features worthy of preservation (and during the course of the hearing the
%S Historical Commission requested that any alterations of the historically significant structures be
reviewed with them The petitioner's agreed to do so.)
Lf
J The petitioner represents that, while the use of the site has predominately been seasonal rentals;
up to 7 (seven) of the units had been used through out the year. Water Department records
suggest that, in recent years, the use has been principally between April and November.
The petitioner's proposal is to renovate the more significant residential buildings, and
rehabilitate or completely rebuild the rest. The net result is proposed to be 11 (eleven)
residential units, in. 9 (nine), buildings (2 (two) buildings containing 2 (two) units). The units
closest to the road would be moved inward, to maximize available setbacks, while preserving the
interior space needed for the proposed enhanced septic system.
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13
Over the course of several meetings, the site plans and building design plans were modified to
respond to questions, suggestions and concerns of the Board members and neighbors.
The final site plan, received November.13, 2003, is the `proposed_ site plan, Sheet C2, dated June
15; 2003 with revisions through November 13, 2003". 'Unless otherwise indicated, all refer—
enc—es—hereafter are to this final plan- Various architectural plans were also filed, but the final plans, as
referred to herein, are as follows;
Building 1 -Dated November 4, 2003, received l ln103.
Building 2 -Dated November 4, 2003, received by the Board 1117/03
Building 3 -Is being modified only internally and by non-structural exterior rehabilitation
(no new architectural plans have -been filed or approved).
Building 4 (Reilly Residence) -dated November 7, 2003, received 11/7(03.
Building 5 -Dated November 4, 2003, received 11/7/03.
Building 6 -Dated July 28, 2003, received l l7/03.
Building 7 -Dated November 10, 2003, received 11113103.
Building 9 -Dated November 4, 2003, received 11/7/03:
Building 10- Will be modified per the final site plan, reducing its footprint by 350 square
feet (no new bedrooms to be added or interior spaced added).
Buildings 3, 5, 6, 7, 10, will be substantially renovated and repaired; except that buildings 3 & 10
will have no structural expansions or alterations. Buildings 3 & 10 will be repaired and
renovated externally and will have interior modifications only. Buildings 1, 2, 9 and 4 will be
entirely new structures, replacing the former structures which are to be demolished.
A new shared septic system, offering enhanced treatment, will be installed, as will additional on
site drainage and parking_ The historical integrity of the main buildings will be preserved, and
the over all site upgraded
Several abutters and neighbors spoke in flavor of the proposal. The petitioner made several
concessions and modifications to preserve views across the property for the neighborhood,
including limiting the height of the northerly structures.
The Board reviewed the petitioner's draft condominium documents. The site, presently two lots,
would be formally merged as one lot. The units would be sold in condominium form of
ownership. The prior commercial use of the properly as short-term seasonal rentals will be
abolished and the future use will be limited to single family residences. The Condominium
documents appear to make adequate provisions for the defining and controlling of its uses, and
for the construction and maintenance of all necessary systems and facilities. Except for the
modification to be made to conform the document to this decision, they satisfy the requirements
of the bylaw.
Because of overall density concerns, the petitioner agreed that units 1, 2, 5 and 9 would be
limited to seasonal uses, while units 3, 4, 6, 7, and 10 would be available for year round
residential use. Concessions were also made as to the rental of units, and the control and
enforoement of the compound.
With the incorporation and clarifications of several conditions and limitations, the Board finds
that the requirements ofthe bylaw have been met for the following relief;
L change or extension of the use of the buildings, for those which were seasonal cottage
colony units to residential units,
2. remodeling and extension of those buildings to be preserved but altered,
3. replacement of those buildings to.be razed and replaced,
4, conversion of all units to condominium ownership
Therefore a motion was made by Mr. Igoe; seconded by Mrs. Moudouris, to grant these Special
Permits, on the following additional conditions;
1. Units 1, 2, 5, and 9 are to be for a limited seasonal use, from March I to December 1 of
eaclhyear. The water meters to these units will be annually removed. The petitioner (or
Board of Trustees after condominium conversion) shall be responsible for enforcing this
limitation and for annually providing written conformation to the Building
Commissioner's office for this compliance,
2. Units 3, 4, 6, 7, & 10 may be used for year round residential use;
3. All units shall be subject to a rental restriction, so that each is rented only for intervals of
at least one consecutive month (30 days) and for not more then 2 such intervals per
calendar year.
4. Building 3 & 10 are to be renovated and rehabilitated but not structurally enlarged or
altered, nor increased in living space,
5. Building 7 is to be rehab -Rated and located as shown on the final site plan.
6. Building 6 is to be rehabilitated with the addition of the tower structure, as proposed;
7. The 2 lots are to be merged,
g. The final design of the site drainage facilities will conform to the requirements of the
Engineering Department and Conservation Office, and the fmal layout'ofthe travel lanes
(especially the central triangular intersection) will conform to the Fire Department
requirements for emergency vehicle access,
9. All units will be limited to residential use,
LO. Buildings 2, 5 and 9 will be limited to not more then 25' in height, and Building 1 will be
not more then 20' in height,
11. Building 4 will be moved approximately 5' toward the east, without moving any closer to
the bank,
12. Building 3, 6, 7 will be two story buildings, all of the others will be single story buildings
(with cathedral ceilings but with no second level above the fust floor, except for the
unoccupiable storage area in building 4),
13. The petitioner will provide the Board with the final revisions of Building 4's design,
indicating the incorporation of a one car garage within the pergola design, and floor plans
of the second floor storage area,
14. The petitioner will file with the Board 2 (two) final site plans, conforming to this
decision, which plans will be initialed by the Board and filed Building Department for
permits,
15. The condominium documents will be revised to incorporate these conditions, and to
specifically refer to the Deeision,_ so that it is clear that there be no further alterations to
buildings or change of use with out the approval of such modification by this Board.
The Board members voted unanimously in favor of this motion. The Special Permit is therefore
granted.
The petitioner requested leave to withdraw the remaining un-needed variance relief. The Board
voted unanimously in favor of such withdrawal, with out prejudice, of any remaining relief
requested in the petition.
No permit shall issue until 20 days from the filing'ofthis 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 noticeldecision 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 e40A §9) Unless otherwise provided herein, a Variance shall lapse if the
righ01borized here' are not excised within 12 months. (See MGL c40A §10)
David S. Reid, Clerk
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Appeal#3851
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: December 16, 2003
Certificate of Grantine of a Special Permit
(General Laws Chapter 40A, section 11)
To: C C Holdings, LLC
Address: 29 Lewis Bay Blvd
Town: Nest Yarmouth, MA 02673
Affecting the rights of the owner with respect to land or buildings at: 29 Lewis Bay Blvd
Assessor's Map:16,Lot: 48 (12(P6) Zoning District: R25 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 that copies of said decision, and of all plans referred to inihe
decision, have been filed.
The Board ofAppeals 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 thereot 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 fled, 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
ofthe owner of record or is recorded and noted on the owner's certificate oftitle. The fee for
such recording or registering shall be paid by the owner or applicant.
David S. Reid, Chairman
TOWN OF YARMOUTH Town
1146 ROUTE 28 SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Clerk
Telephone (508) 398-2231 ext. 213 Fax (508) 398-2385
CERTIFICATION OF TOWN CLERK
I, Jane E. Hastings, 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 #3851 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_
e E. Hastings, CMC
Town Clerk
BARNSTABLE REGISTRY OF DEEDS