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Home My WebLink About4975 1376 Bridge St Decision Certified 09.19.22FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION August 29, 2022 4975 August 25, 2022 Trustees of the Jolly Captain Motor Lodge Condominium Trust, the Association of Unit Owners of the Bass River Waterfront Townhouses PROPERTY: 1376 Bridge Street, South Yarmouth, MA Map 61, Parcel 60C Zoning District: B-21 HMOD1 Title: Book 4723, Page 223 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard Martin, Jay Fraprie and John Mantoni 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 Cape Cod Times, the hearing opened and held on the date stated above. The applicant seeks to modify certain conditions imposed as part of the issuance of Yarmouth Zoning Board of Appeals Decision 2146 and Decision 4307, in order to permit the year-round use of Units 1 through 15, and Unit 19, of the Bass River Waterfront Townhouses. The Property is the location of the former Jolly Captain Motor Lodge, built in approximately 1960, along the Bass River and the gateway to Yarmouth when traveling west from Dennis. At that time, the lot was utilized as a 33-unit motel, in four buildings, with thirty seasonal units, three year-round apartments and a manager's quarters. There was also a small restaurant in the building closest to Route 28, which also housed the famous lighthouse and the Jolly Captain sculpture, until it was removed in 2010. The Property consists of approximately 38,000 square feet, in the B2 and HMOD 1 Zoning Districts. Petitioner presented the zoning history affecting the property, including Zoning Decision 2146 in 1985, Decision 4169 in 2008, and Decision 4307 in 2010. The Petitioner has now applied to the Zoning Board of Appeals to Modify the Special Permits issued in those Decisions 2146 and Decision 4307. It was noted that the Temporary Variance issued in Decision 4169 and extended A TRUE COPY ATTEST: , &Wv� SEP'' 9,6W i �ruwv GLE:RK in Decision 4307 has expired and is no longer in force or applicable. The Petitioner is now seeking the following: 1. Remove the condition that Units I through 15 be unoccupied during the months of January and February of each year; 2. Permit Unit 19 to be occupied on a year-round basis but shall comply with conditions imposed previously for smaller units (i.e., cooking facilities and occupancy); 3. Remove the condition that a register be maintained; 4. Remove the obligation to hire security personnel to inspect the units' use. The petitioner explained its reasons for seeking the modifications recited above. First, many of the unit owners of Units 1 through 15, and Unit 19, who would like to be able to use their units during the winter months and to be able to use the units on a year-round basis just as the 3 year- round units on site have been used for the last 60 years. There will be no discernable difference in traffic on the site than during the summer months, and traffic at the mouth of the bridge will be lighter during that time of the year. A copy of the Yarmouth Police Calls for Service for the property shows that current use of the property has not contributed to additional traffic or noise, nor additional congestion in the area. It should also be pointed out that there is no request for an increase in the number of occupants in each unit, and the additional two months of usage in January and February of each year will not increase the number of trips made each day. Petitioner also noted that the Board of Health has determined that the septic system, which has been timely inspected over the years, is capable of handling this additional use on the existing system. No abutter to the property spoke either in favor or in opposition to the project. The applicant listed the amended conditions as they would apply, in the event that relief was granted. The Board was in agreement that those conditions, as amended, would result in a use of the property which was not substantially more detrimental to the neighborhood, zoning district, or Town, than the existing non -conforming structure or use, and that the applicant has demonstrated that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. Accordingly, a motion was made by Mr. Igoe, seconded by Mr. Fraprie, to grant the Special Permit, as requested, with the resulting conditions recited below: 1. All 19 units at the Bass River Waterfront Townhouses may be occupied on a year-round basis. During the months of March and April, Units I through 15 and Unit 19 may not be rented, but may be occupied by the unit owner; 2. Units 1 through 15 and Unit 19 shall be limited to an occupancy of not more than 4 persons at any time when rented; 3. The petitioners shall secure all necessary permits for all work done on the units; 4. Units 1 through 15 and Unit 19 are allowed a sink, refrigerator, two (2) burner cook -top and microwave oven only as kitchen equipment. 5. Rental of any unit shall be in compliance with all municipal laws and requirements, inclusive of a current rental and occupancy permit; A TRUE COPY ATTEST. CM"AC NC I TOWN CLERK SEP 19 2022 6. There is no change to any condition related to Units 16-18 which have been the subject of previous relief. 7. Annual Board of Health inspections shall occur to the extent required by applicable law. 8. Unit 1 through 15 and Unit 19 shall be subject to the use restrictions set forth in footnote 24 to By-law §202.5; 9. Any other previous conditions issued which are inconsistent with these conditions are effectively deleted and will have no further force or effect; 10. The Board takes no action relative to any boat slip/dock facilities and does not implicitly approve or condone any improvements to such facilities or their uses. The members voted as follows: Mr. DeYoung AYE Mr. Igoe AYE Mr. Martin AYE Mr. Fraprie AYE Mr. Mantoni AYE 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 DeYoung, Chairman CERTIFICATION OF TOWN CLERK I, 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 #4975 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. Maslowski SEP 19 2022 RUE COPY ATTEST-. SEP 19 2021WAC GMC i TOWN GLEFZK COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 4975 Date: September 19, 2022 Certificate of Granting 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: Trustees of the Jolly Captain Motor Lodge Condominium Trust, the Association of Unit Owners of the Bass River Waterfront Townhouses 1376 Bridge Street South Yarmouth, MA 02664 Affecting the rights of the owner with respect to land or buildings at: 1376 Bridge Street, South Yarmouth, MA; Map #: 61; Parcel 0: 60C; Zoning District: B-21HMOD1; Book/Page: 4723, 223 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 11 (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 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 DeYoung, Chairman A TRUE COPY ATTEST T)�V. N44&XAjij CM"JiC 1 CMC !'FL-WN GLEKK SEP 19 2022