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Home My WebLink About05-28-20 Decision 4846 Wise Living Develpment LLC RecordedAppeal # 4846 Bk 34*84 p043 - 686?? 1 O-19--2021 a O 1: 54P THE COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: August 25, 2020 Certificate of Granting of Variance (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: PETITIONER: Wise Living Development LLC OWNERS: Maclyn LLC, 834 Main Street Realty Trust, and Baker Frank LLC Affecting the rights of the owner with respect to land or buildings at: 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 Variance, and that 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) provides that no 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 days (20) 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. Permit on May 20, 2020. The redevelopment includes merging all three lots into one lot with no change to the retail and commercial uses in the 834 Route 28 commercial building. Developments and redevelopments in the VCOD2 Zoning District must, with few exceptions, comply with the design standards set forth in Section 414.8 of the Yarmouth Zoning By -Law. To vary any of these design standards requires a Variance from the Board of Appeals. While the Proposal complies with all dimensional requirements of the Zoning By -Law, as a redevelopment and re -use of an existing developed hotel and restaurant property and facilities, and not the razing and reconstruction of existing structures, there are certain aspects of the detailed architectural design standards in the VCOD Overlay Zoning District that are impractical and/or not architecturally desirable to make with this Property. The Board of Appeals is authorized to grant Variances where the Board finds that a literal enforcement of the Zoning By -Law would involve substantial financial or practical hardship to the Petitioner, that the hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district, and desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Law. 4. The historical, developed layout and nature of the existing structures and site infrastructure to be re -used on the Property present a unique condition that results in a substantial financial and practical hardship if a literal enforcement of all of the Section 414.8 Design Standards is imposed, and the requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Law, for the following reasons: A. The aesthetics of both buildings will be significantly upgraded and enhanced. The Iarge 822 Route 28 building will be upgraded with a new porte-cochere at the main entrance; several new, small roofs at entrances; and conversion of the predominantly flat roof to a pitched roof with cupolas, gables, parapets, and dormers, all to break up massing and improve visual interest. Otherwise, this building will be re -used in the same footprint. Roof -top solar will be provided along the east and west wings of the building away from Route 28 and will not be visible from any street. The 834 Route 28 building will be enhanced on the west side with a new open bump out, dormers, and cupola, while the east side is proposed to remain the same and is mostly screened by the fence along the easterly property line; B. The Proposal is a mixed -use redevelopment encouraged by Section 414.3.3 of the Zoning By -Law and will improve pedestrian and vehicular access between properties. By re- using existing buildings and site infrastructure, the redevelopment will be less intrusive than a new development; C. Existing, mature screening along the front, sides, and rear of the Property will be retained where possible, and an extensive new front landscape buffer is being provided in place of existing parking in this area as shown on the Landscape Plan. The number of required in - lot trees behind this perimeter screening is proposed to be reduced by three (changed to shrubs) and one tree relocated so that the existing septic system components can continue to be used. The goal of the VCOD Design Standards for breaking up parking lot design will be met; 3 2. Based upon findings that the proposal as presented as it relates to the number and location of in - lot trees satisfies the criteria of Section 102.2.2 of the Zoning By -Law and M.G.L. Chapter 40A, Section 10, by promoting re -use of the existing infrastructure on the Property, on a Motion by Mr. Martin and seconded by Ms. Brita, the Board voted four (4) in favor and none opposed to grant a Variance to replace the required trees in three (3) of the new, in -lot, parking islands with shrubs and to relocate one (1) required new, in -lot tree and island as shown on the plans; and �• Based upon findings that the proposal as presented as it relates to providing a sidewalk easement in lieu of constructing a second sidewalk along the Property frontage satisfies the criteria of Section 102.2.2 of the Zoning By -Law and M.G.L. Chapter 40A, Section 10, by providing additional green space and flexibility for any future redevelopment of the Route 28 State Highway Layout, on a Motion by Mr. Martin and seconded by Mr. NickineIlo, the Board voted four (4) in favor and none opposed to grant a Variance to allow the Petitioner to grant an eight (8) foot easement along the Property frontage to the Town and/or Commonwealth of Massachusetts for the purpose of future sidewalk construction or relocation in lieu of constructing a second sidewalk adjacent to the existing sidewalk on the condition that the Petitioner agrees to pay for the replaced or relocated sidewalk on the Property if the existing sidewalk in the State Highway Layout either disappears or becomes dilapidated and unusable and is not replaced by either the Commonwealth of Massachusetts or the Town of Yarmouth. 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 notice/decision with the Town Clerk. Unless otherwise provided herein, the Variance shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw, MGL c40A §9) 5 of TOWN 'VV 1V O 1 F YARMOUTH = Town MA AC„EEESE 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK I, Susan M. Regan, Town Clerk, Town of Yannouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #4846 that no notice of appeal of said decision has been filed with me, or, if such appeal has been fled it has been dismissed or denied. All appeals have been exhausted. Swan M. Regan Town Clerk ?lid r i N. t a �' BARNSTABLE REGISTRY Of DEED.: John F. Meade, Register