HomeMy WebLinkAbout5002 9 North Main St Decision TC 02.24.23FILED WITH TOWN CLERK
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
February 24, 2023
5002
February 9, 2023
Corina Brown
9 Uncle Joes Way, Hyannis, MA 02601
ALJ Realty Corporation
707 Main Street, Hyannis, MA 02601
9 North Main Street, South Yarmouth, MA
Map 61, Parcel 30
Zoning District: R-40
Title: Book 35411, Page 32
MEMBERS PRESENT AND VOTING: Steven DeYoung, Doug Campbell, John Mantoni,
Jay Frapric and Sean Igoe.
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 is Corina Brown, doing business as House of Beauty by Corina Brown. The
petitioner seeks relief in connection with property located at 9 North Main Street, South
Yarmouth, Massachusetts. This property is located in an R-40 zoning district. Specifically, the
petitioner seeks to modify a prior grant of Special Permit (#2492) or, in the alternative, for a grant
of a Variance pursuant to bylaw §203.5. The petitioner, who represented herself, explained that
she seeks to have a commercial shop below residential units at the location. She seeks to be
allowed to perform beautician services (Use Table J3) which is different from the commercial
business previously permitted. She explained the nature of her business as involving facial
tattooing and that no chemicals would be used which would enter the sewage system.
Mr. Igoe did a fine job of explaining to the Board that it would not be appropriate to modify a
previous condition to a Special Permit and that the relief, if granted, should be by way of
Variance. After Board discussion, it was found that the grant of a Variance was appropriate and
that literal enforcement of the zoning bylaws would result in a substantial economic hardship to
both this petitioner and the property owner, that even though the property was in an R-40 zoning
district, it had historically been utilized for commercial purposes and that a grant of a Variance
would not derogate from the intended purpose of the zoning bylaws.
A motion was made by Mr. Igoe, seconded by Mr. Mantoni to grant the request for a Variance
upon the following conditions: 1.) That no business operations occur after 8 PM; 2.) That no
business be conducted at the site on Sundays; and 3.) That the business be operated as represented
by the petitioner, i.e., that no chemical products be allowed to enter into the sewage system and
the only chemical products to be used are those directly used on the customers. A roll call vote
was taken, and all members voted in favor of the motion and the Variance was, therefore, granted.
As alternative relief, the petitioner had suggested the Board grant a Special Permit which, in light
of the grant of a Variance, was not necessary. Accordingly, at the request of the petitioner and on a
motion made by Mr. Igoe and seconded by Mr. Mantoni, a voice vote was taken and the request for
Special Permit was allowed to be 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)
Steven DeYoung, Chair
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 #5002 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