HomeMy WebLinkAboutSummary of Reasoning (822 and 834 Route 28, SY)1
Law Office of Singer & Singer, LLC
26 Upper County Road
P. O. Box 67
Dennisport, Massachusetts 02639
Andrew L. Singer Tel: (508) 398-2221
Marian S. Rose Fax: (508) 398-1568
___________ www.singer-law.com
Myer R. Singer (1938-2020)
Yarmouth Board of Appeals 822 and 834 Route 28, South Yarmouth
SUMMARY OF REASONING
Wise Living Development, LLC, Christopher D. Wise, Manager [“Applicant”], proposes to
convert the adjacent properties at 822 and 834 Route 28 in South Yarmouth [collectively “Property”] to
the condominium form of ownership. The Property is located in the B2 and VCOD2 Zoning Districts and
is shown as Assessor’s Map 33, Parcel 70.1 and Assessor’s Map 41, Parcels 12 and 11.1. The
redevelopment includes merging all of the land into one lot that will be the condominium land. The
vacant land in the rear now known as 30 Frank Baker Road will no longer be used as a separate address
after the merger.
The Applicant recently received permission to redevelop the Property for a mixed-use project
consisting of a Wise Living Retirement Community for senior housing with 120 units (104 studios and 16
one bedrooms) and common resident amenities, including dining, in the 822 Route 28 building, and
continuation of existing commercial uses in the 834 Route 28 building. To satisfy lender requirements,
the Applicant needs to submit the entire Property to the condominium form of ownership. There will be
no change to the approved use or site design. The Primary Unit Condominium will consist of two Units,
one per building. The 822 Route 28 building will be subsequently divided into three Units for the overall
senior living use.
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Conversion to the condominium form of ownership requires a Special Permit in accordance with
Section 104.4.1 of the Yarmouth Zoning By-Law [“Zoning By-Law”]. Under the provisions of Section
104.4.1, any legally existing conforming or nonconforming structu re or use may be converted
to the condominium form of ownership upon the issuance of a Special Permit from the Board of
Appeals. In order to grant such Special Permit, the Board of Appeals must find that there will be
no change of use and that the declaration of condominium documents (a) explicitly define the
existing use and (b) are written with proper management authority to insure maintenance and
repair of public health and safety aspects of the property.
The Applicant respectfully submits that the proposal for the Property qualifies for the requested
Special Permit because:
1. There will be no change in the approved use at the Property. The Planning Board and
Board of Appeals have approved the senior living use in the 822 Route 28 building and
continuation of the existing commercial uses in the 834 Route 28 building;
2. Provisions governing the use of the Primary Units, including reserved rights for the Divided
Units within the 822 Route 28 building, as well as restrictions on such uses are set forth in
Paragraphs 9 and 16 of the submitted draft Condominium Master Deed as well as in
Article VIII of the submitted draft Condominium Declaration of Trust;
3. Provisions governing management authority designed to insure the proper operation,
maintenance, and repair of all aspects of the Condominium, including without limitation, the
Common Elements, Limited Common Elements, and Units, are set forth in various
portions of the submitted draft Condominium documents, including without limitation,
Paragraphs 5, 6, 7, and 9 of the Master Deed and Articles III-V of the Declaration of Trust;
4. There will be no changes to the approved site design or density of the Property, and all of
the conditions set forth in the approvals from the Planning Board and Board of Appeals
will remain in effect with no changes; and
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5. In addition to being in conformance with the provisions of Section 104.4.1 of the Zoning
By-Law, for all of the reasons reviewed by the Board during its prior reviews of the
Property for the redevelopment, the conversion to the condominium form of ownership for
financing purposes will not create any undue nuisance, hazard or congestion, and there will
be no substantial, or in fact any, harm to the established or future character of the
neighborhood or Town.
For the above reasons, the Applicant respectfully requests that the Board makes findings that the
criteria for a Special Permit are satisfied and grant a Special Permit allowing the Property to be converted
to the condominium form of ownership.