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Home My WebLink About02-11-21 Decision 4875-822,834and 30 Frank Baker Rd. TCYARMOUTH OWN CLERK TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: PETITION NO: 94875 February 24, 2021 HEARING DATE: February 11, 2021 PETITIONER: Wise Living Development LLC OWNERS: Maclyn LLC, 834 Main Street Realty Trust, and Baker Frank LLC PROPERTIES: 822 Route 28, 834 Route 28 and 30 Frank Baker Road, '2`'-�.G-264P�i-2:35 EC South Yarmouth, MA Map 33/Parcel 70.1 Map 41/Parcel 12 Map 41/Parcel 11.1 Zoning District: B2, HMOD1, ROAD, and VCOD VC2 Title References with the Barnstable County Registry of Deeds: Book 28032, Page 179 Lot 1 on Plan in Book 653, Page I Book 25968, Page 22 Lot 1 on Plan in Book 41, Page 125 Book 321231, Page 16 Lot 2 on Plan in Book 653, Page 1 MEMBERS PRESENT AND VOTING: Chairman, Steven DeYoung, Vice Chairman, Sean Igoe, Dick Martin, Tom Baron and Tim Kelley. 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 January 28, 2021, and February 11, 2021. The Petitioner is Wise Living Development LLC. The Property, located in the 132, HMOD1, ROAD, and VCOD VC2 Zoning Districts, is currently the site of the Irish Village Hotel and restaurant complex, a commercial building containing three rental spaces, and a vacant parcel of land. The Property has previously received permission from the Board of Appeals to redevelop the property for a mixed -use project consisting of a Wise Living Retirement Community for senior housing in the 822 Route 28 building and continuation of existing commercial uses in the 834 Route 28 building. The redevelopment includes merging all of the land into one lot. The vacant land in the rear now known as 30 A TRUE COPY ATTEST; rOWN CLERK Frank Baker Road will no longer be used as a separate address after the merger. The Petitioner is herein requesting to submit the entire, merged Property to the condominium form of ownership. There was no correspondence in the file and no public comment at the hearing. The Petitioner was represented by Andrew Singer, attorney. The Petitioner seeks Special Permit relief in accordance with Sections 104.3.2 and 104.4.1 of the Yarmouth Zoning By -Law in order to convert the merged property to the condominium form of ownership. The Petitioner submitted the following testimony in support of the petition: There will be no change to 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. The Primary Unit Condominium will consist of two Units, one per building. The 822 Route 28 building will be further divided into three Divided Condominium Units for the overall senior living use. The Petitioner submitted draft condominium documents for both the Primary Unit Condominium and the Divided Unit Condominium as well as a condominium site plan and condominium floor plans. Provisions governing the use of the Primary Condominium and Divided Condominium Units as well as restrictions on such uses are set forth in the submitted draft Condominium documents. 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 the submitted draft Condominium documents. There will be no changes to the approved site design or density of the Property, and all of the conditions set forth in the prior Planning Board and Board of Appeals approvals will remain in effect. 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 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. Based on the above and testimony received at the public hearing, the Board made findings that the proposal satisfies the criteria of Sections 104.3.2 and 104.4.1 of the Zoning By -Law. Thereafter, a Motion was made by Mr. Baron, seconded by Mr. Martin, to grant the Special Permit as requested in accordance with the plans submitted and subject to the following condition: There shall be a total of four (4) condominium units on the Property (three in the 822 Route 28 building and one in the 834 Route 28 building), and there shall be no further creation of additional condominium units without Board of Appeals approval, A TRUE COPY ATTEST; 2 OWN CLERK A roll call vote was taken with the following result: Mr. Baron- in favor; Mr. Igoe- in favor, Mr. DeYoung- in favor; Mr. Kelly- in favor; Mr. Martin- in favor. 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) Steven S. DeYoung, irman A TRUE COPY ATTEST', OWN CLERK 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. Steven S. DeY g, Chairman A rR U E COPY ATTEST );F t�vr OWN CLERK COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Appeal #4875 Date: March 17, 2020 Certificate of Grantinp, 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: PETITIONER: Wise Living Development LLC OWNERS: Maclyn LLC, 834 Main Street Realty Trust, and Baker Frank LLC PROPERTIES: 822 Route 28, 834 Route 28 and 30 Frank Baker Road, South Yarmouth, MA Map 33/Parcel 70.1 Map 41/Parcel 12 Map 41/Parcel 11.1 Zoning District: B2, HMOD1, ROAD, and VCOD VC2 Title References with the Barnstable County Registry of Deeds: Book 28032, Page 179 Lot 1 on Plan in Book 653, Page 1 Book 25968, Page 22 Lot 1 on Plan in Book 41, Page 125 Book 32123, Page 16 Lot 2 on Plan in Book 653, Page 1 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 l l (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 A TRUE COPY ATTEST. • /USG/ t44 -:.1 TOWN CLERK TOWN OF YARMOUTH Town MArrACNEESE 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk 10 Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK 1, Mary A. Maslowski, 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 #4875 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. I Mary A. Maslowski MAR 18 2021 Town Clerk