HomeMy WebLinkAbout4936 668 Route 28 Captain Parker's Pub Recorded 04.08.22Bk 35036 Pg98 #18522
04-08-2022 @ 01:23p
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G TOWN OF YARMOUTH
- BOARD OF APPEALS
0'� DECISION
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FILED WITH TOWN CLERK: March 10, 2022
PETITION NO: 4936
HEARING DATE: February 24, 2022
PETITIONER: Gerry Manning,
Trustee of the Parkers River Realty Trust -
Captain Parker's Pub
PROPERTY: 668 Route 28, West Yarmouth, MA
Map 32, Parcel 91
Zoning District: B-2
Title: Book 30321, Page 158
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Mr. Igoe, Mr. Fraprie
and Mr. 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 Cape Cod Times, the hearing opened and held on the date stated above.
The Petitioner, Gerry Manning, as Trustee of the Parkers River Realty Trust, seeks relief
in connection with property located at 668 Route 28 in West Yarmouth, MA currently doing
business as "Captain Parker's Pub". The Petitioner appeared along with Kieran Healy of the BSC
Group. The Petition seeks alternative relief of either the grant of a Special Permit or a Variance.
The Petition was well presented in a concise and understandable manner.
The Petitioner seeks to expand the existing structure known as "Captain Parker's Pub"
by enclosing a portion of a patio area on the easterly side of the building. To the east of the
building is Parker's River. The river bank is approximately 100 feet away from the proposed
extension/enclosure of the patio area. However, if allowed to be extended, it will result in it
being 15 feet from the side property line, whereas 25 feet is required as this is a B-2 Zoning
District:
The proposed addition and as shown on the plans submitted by the Petitioner and
provided by BSC Group were considered by the Board to be tasteful and in keeping with the
existing structure, which has historically been well maintained and benefited by extensive
landscaping to the front. The relief sought with the grant of either a Special Permit or a Variance.
A TRUE COPY ATTEST:
TOWN CL E-41K
MAR 3 1 2022
Bk 35036 Pg99 #18522
The Board felt that the proper relief to consider was that of a Special Permit. No one spoke in
favor of or against the relief sought.
After discussion, and particularly in light of the sideline abutting the river basin, the
Board concurred that the grant of relief would result in no undue hazard, nuisance or congestion
nor be of substantial detriment to the character of the Town or the neighborhood, either now or in
the future. The property is always well maintained with a pleasant streetscape. As patrons are
already allowed to sit on the area where the enclosure will occur, no additional traffic is
anticipated. The designs are tasteful and in keeping with both the Site Plan Review and the
existing property.
Accordingly, a Motion was made by Mr. Fraprie, seconded by Mr. Kelley to grant the
Special Permit, without conditions. A roll call vote was taken with each member being in favor
of the grant of the Special Permit and it was, therefore, granted.
The Board next considered the Petitioner's request for withdrawal of the requested
Variance. A motion was made by Mr. Igoe, seconded by Mr. Fraprie to allow the withdrawal of
the requested Variance without prejudice. On a roll call vote, the Board voted unanimously in
favor of this requested relief and the Variance was, therefore, withdrawn without prejudice.
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)
G0940MAW
Steven DeYoung, Chairman
A TRUE COPY ATTEST.
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GONENOW/ TOWN CL�fZK
MAR 3 1 2022
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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 #4936 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, Town Clerk
MAR 3 1 2022
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u� •"Ae COMMONWEALTH OF MASSACHUSETTS
T' TOWN OF YARMOUTH
BOARD OF APPEALS
Li Cllf-
Petition #: 4936 Date: March 31, 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:
Gerry Manning, Trustee of the Parkers River Realty Trust — Captain Parker's Pub
668 Route 28
West Yarmouth, MA 02673
Affecting the rights of the owner with respect to land or buildings at: 668 Route 28, West Yarmouth, MA; Map
#: 32; Parcel #: 91; Zoning District: B-2; Book/Page: 30321/158 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 S. DeYoung, Chairman
A TRUE COPY ATTEST:
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RECEIVED & R GENED-E E ICALLDS