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Home My WebLink AboutDBA C . ! RECEIVED Y 1 r_.. TOWN OF YARMOUTH . . .„e. SEP 8 2022 BUILDING DEPARTMENT BUILDING DEPARTMENT 1146 Route 28,South Yarmouth,MA,02664 By --- (508)398-2231 ext. 1261 Fax: (508)398-0836 ZONING DETERMINATION FOR BUSINESS CERTIFICATE APPLICATION The purpose of this form is to determine if your business complies with the Town of Yarmouth Zoning Bylaw. The applicant shall complete the top section of this form and file it with the Building Department. Once the Building Department has made a determination,it will be forwarded to the Town Clerk. The Building Department will render a determination based on the following factors: (a) The business/use, activity, (b)The zoning district in which the business is to be located Allowed uses are based on Zoning Bylaw Table 202.5 and(c)previous or new zoning relief from the Zoning Board of Appeals.Date: 7/2 D 71 Telephone: 0-6 S 3 6 2_ 7l/ �t 0 Business Address_ 1b k Rl,GC - ! ' R `rt r -olv€41, ►e�± Name of Applicant: Y a/yn.6,44 AI.,,, OA a t fl 7 YY t 1J 1 Qy, (04,ti el 4 )Lam'-, 4 n('- r DBA: V a_ch.,0_{ /40 it Mailing Address: 0 . /5_6e � ya, 7 l/lm ttl i ?i�V UYl v,L �7/ ' 7,.(-- , Description of Business Activity: 4r1. Qj(4;b,1;csvr.c'J ..er„�D rr,-,0,..14e,3 Co rpv,-)Glut, 4(7 /I)j f,e nI ThA r 7 'i - �f� 1 j ff l (c ) �3) 0.7 G1 1.aj4 Col, e licant a tcnowled es that a deierrlii;6a • n will be made bythe BuildingDepartment based on the information aPP g � eP provided on this date. Any changes in the business use and/or activity will require additional approval. The applicant agrees to abide by all conditicxt, e o . F • to do so may result in the revocation of the Business Certificate and/or appropriate Zoning Enforce ent, hould it dete ' ed that the changes are non-compliant. p Si � Date: D 2-0 2-2- Applicant'sSignature- Building Department Determination Approved:Comments and Conditions ° S- i'X-0 V€7 ? 'Z /1/5r sf y. 7 2 - 0//,2 / 2% '4 g Disapproved:Comments and Conditions - (�a 74664,1`., i L 1 S /c�- Fv — �3 - -- ,:�' 772Z.-- Building Official's Si . Bk 35541 Ps24O �614 59 12-14-2022 a O2 a 12¢ •�/ ` ' TOWN OF YARMOUTH Ift �' C BOARD OF APPEALS .,� - • DECISION T �' '4,�4 co*-.f'3 ..tea-_,-, .f 1 li FILED WITH TOWN CLERK: August 22,2022 TRU aTt S� PETITION NO: 4972 E!CNIC f<TOlt N CLERK HEARING DATE: August 11,2022 -SEP," - _ , 22 PETITIONER: Yarmouth New Church Foundation PROPERTY: 266 Route 6A,Yarmouth Port,MA 14- Map 122,Parcel 62.1 Zoning District: R-40 Title: Book 12689, 130 'Se g DeYoung,PRESENT AND VOTING: Chairman Steven DeYoun ,Sean Igoe,Dick Neitz, Dick Martin,John Mantoni. Notice of the hearing was 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 was held on the date stated above. �'� The petitioner is the Yarmouth New Church Foundation which is located at 266 Route 6A, lc- Yarmouth Port, MA. The property in question is in a R-40 zoning district. The application was for a Special Permit to allow a P-9 use in an R-40 zoning district and,also,to grant a Variance under §303.5.4 of the zoning bylaws to allow for a second freestanding sign. Depictions of both signs were presented as part of the relief sought. The petitioners were well-represented by Ms. Agresti and Mr. Baker of the Foundation (petitioner). They explained their need for each sign. One sign,the"Thacher Hall"sign was depicted as being a 3 foot tall by 3'6"in width. The sign was very tasteful and had great utility in allowing people to be directed to the Hall. All of the Board members supported this portion of the petition during that question/answer period. It was felt that the grant of relief as sought by this portion of the petition would not cause any undue nuisance or congestion nor would it affect detrimentally the existing or future character of the neighborhood or town. The Board then began to have discussion and deliberation about the Variance sought for the proposed and petitioner-described"Historic Marker". A depiction of this proposed sign had also been filed with the Board and showed a proposed sign of 6'6"in height with an interior sign panel measuring 30"x 30". The petitioners described the purpose of the sign as"All information is commemorative to the Yarmouth Port Commons Area." Mr. Igoe expressed significant reservation about granting this portion of the relief sought by the petitioner. He pointed out that the sign requested was not provided for by that portion of the bylaws known as the"Sign Code". The sign was not limited to a description of the church but rather was a map of the Commons Area.There was no provision in the Sign Code for this sort of sign as being allowed as a second freestanding sign despite the petitioner's representatives' Bk 35541 Pg241 #61459 assertion that it was a"Historic Marker". Mr. DeYoung agreed with Mr. Igoe's comments and suggested that the Board would not legislate changes to the bylaws as this should be done at the Town Meeting forum. A motion was made by Mr. Igoe,seconded by Mr. Martin to grant so much of the petition as seeks a Special Permit to allow for a P-9 use in an R-40 zoning district. On this motion,a roll call vote was taken and with the following results: Mr. Mantoni-Aye; Mr. Igoe-Aye; Mr.Neitz- Aye; Mr. Martin-Aye; and Mr. DeYoung-Aye. Therefore,the Special Permit was granted. As to the request for a Variance from section 303.5.4 of the zoning bylaw,the request for a Variance was allowed to be withdrawn at the request of the petitioner. A motion was made by Mr. Igoe, seconded by Mr.Neitz,to allow the Petitioner to withdraw the request for Variance, without prejudice. On this motion, a roll call vote was taken and with the following results: Mr. Manton-Aye;Mr. Igoe-Aye;Mr.Neitz-Aye; Mr. Martin-Aye; and Mr. DeYoung-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 #4972 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismisse or denied. ppeals have been exhausted. A TRUE COPY ATTEST: Mary A. Maslowski /.CMC I TOWN CLcF;�C� SEP 1 2. 2022 SEP 12 SU Bk 35541 Pg242 #61459 ov`:Yh COMMONWEALTH OF MASSACHUSETTS k,/:t '�r0 4M TOWN OF YAROUTH -.' nt e. BOARD OF APPEALS 9 Petition#: 4972 Date: September 12,2022 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: Yarmouth New Church Foundation • 266 Route 6A Yarmouth Port,MA 02675 Affecting the rights of the owner with respect to land or buildings at: 266 Route 6A,Yarmouth Port,MA; Map#: 122; Parcel#: 62.1; Zoning District: R-40; Book/Page: 12689, 130 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. A TRUE COPY ATTEST: , •WIA-41P44f Steven DeYoung, CI'� i an givisiC7 CMC r TE;Wti qual,,K SEP 1 2: 1ZZ BARNST COUNTY BARNSTABLEREGISTRY OF DEEDS REGISTRYRY O OF DEEDS A TRUE COPY,ATTEST John F. Meade, Register JOHN F.MEADE,REGISTER