HomeMy WebLinkAbout06-10-21 Decision 4900- 1060 Route 28 RecordedG TOWN OF YARMOUTH
C BOARD OF APPEALS
DECISION
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FILED WITH TOWN CLERK: 8/18/2021
PETITION NO: #4900
HEARING DATE: 6/10/2021
PETITIONER: McDonalds Corporation
PROPERTY: 1060 Route 28, South Yarmouth, MA 02664
Map & Lot#: 0050.101; Zoning District: B-2
Book/Page: 1636/132; Book/Page 6994/293
MEMBERS PRESENT AND VOTING: Sean Igoe, Chairman; Dick Martin, Jay Fraprie, Dick
Neitz, and Tom Baron.
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 is McDonalds Corporation. They were represented at the hearing by James Cranston of
the Bohler Corporation. The relief sought is a Special Permit pursuant to Zoning By-law § 104.3.2.4 and
301.8.3 to add a 2"d drive thru lane where one already exists, and to allow an outdoor service facility within
100 ft. from a residential zoning district.
They were also seeking a Variance to allow one additional digital pre -browse board (10 sq, ft) where one
presently exists.
The Board heard from direct abutters, Joseph and Audrey Ferns who expressed concerns that the existing
stockade fence that runs along the rear of the Petitioner's property was in disrepair and needed replacing.
The Petitioner agreed to a condition that would require them to replace the existing rear fence with a new
wooden stockade fence. The Board heard from no one else either in favor or opposed to the Petition.
The Board members felt that the relief sought would have minimal impact on the immediate neighbors to
the North who would be the most impacted and that all other abutters were of a commeNjal use and would
realize no negative impact at all. It should be noted that the Petitioner has maintain.. 1(.1, t,l-61 oq for many
years and has been a good neighbor with no known complaints, but for the deteriA real fcn
A TRUE CQPY ATTEST:'
71 TOWN CLERK
SEP - 9` 2021
Moreover, the Board felt that if they were to grant the relief requested that it would result in no undue
nuisance, hazard or congestion nor derogate from the purpose and intent of the by-law. Conversely, a denial
of the relief would be a hardship to the Petitioner resulting in traffic back-ups and slow delivery of their
products during busy times of the day.
A motion was made by Mr. Baron, seconded by Mr. Martin, to grant the Special Permit relief for the 2"d
drive thru lane and outdoor service within 100 ft. of a residential district. The Board voted unanimously to
grant the Special Permit.
A second motion was made by Mr. Martin, seconded by Mr. Baron, to grant the Variance relief for the
additional pre -browse board of 10 sq. ft. on the condition that the Petitioner replace the existing rear fence
with a new 6 ft, wooden stockade fence. The Board voted unanimously in favor of the Variance.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. 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, MGL c40A
§9)
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 clays have
elapsed since the filing with me of the above Board of Appeals Decision #4900 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.
Mary A. Maslow. .4ki•
Town Clerk92021
A TRUE COPY ATTEST.
" ,Uu; �... ' TOWN CLERK
SEP - 9 2021
Appeal #4900
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: September 8, 2021
Certificate of Granting Special Permit and Variance
(General Laws Chapter 40A, section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit and a
Variance have been granted to:
McDonalds Corporation
110 N. Carpenter St.
Chicago, IL 60607
Affecting'the rights of the owner with respect to land or buildings at: 1060 Route 28, South Yarmouth, MA
02664; Map & lot#: 50.101; Zoning District: B-2; Book/Page: 1636/132 and 6994/293, 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 Variance, 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 and/or Variance, 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,Wfor such recording or registering shall be paid by the owner or applicant.
RARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
A'TRUE COPYATTEST;
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