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Home My WebLink About4883 Decision 27 & 29 Commercial St 20 & 24 Delivery Rdly T A N 0 P F T C T C 0 P Y rch 5, 202'0 F F I C T 4883 C 0 P Y N�ebruary 2, 202 nth Yarmouth, MA 'arcels 177.1, 178, 182 and c' �i ng 1 t MEMSEitS PRESENT ANC VOTING; Chairman Steven DeYoung, IDick 1V.iariin, Richard Neit2, Tom Saran and Timothy Kelly Notice of the heaving has been giveaa 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 ister, the he opened and held on the date stated above. 'he Reg The Petitioner seeks Special Permits under Zoning By-law 9104.3.2, 202.5, 301.2 and 301.4 and liariances under Zoing By-law §203.5 and §301.2 to expand the existing automotive repair facility at the combined site, to include the construction of a new 5,250 sf service building, removal of 2 smaller out buildings, reconfiguration of site access, expand parking and drive aisles, utility improvements and landscaping, and to modify Special Permit 3018. The Property is comprised of 4 contiguous lots, which if they haven't been combined formally, will be as part of this project, located in the B1 �o.nin.g District, and flanked by Commercial Street and Delivery road, which are parallel to each other. The property at 27 Commercial Street is improved with a one story metal building, measuring 62 feet by 30 feet, The front of the building facing Commercial Street houses the main lobby for customer check in, an accounting office, and retail sales of automobile parts and accessories, wi all thin a 600 square IF feet area. The remaining 1,260 square feet house the 2 automobile work bays. This lot also contains 2 small outbuildings, both of which will be removed. There are 4 parking spaces in the front of the building. The property at 29 Comm.ercial Street is improved with a one story metal building, measuring 60 feet by 30 feet, with a small connected wooden structure housing office space. The rear of this building is used for service and repair in 3 bays. There is also a wooden shed to the rear of the building, which will be relocated. There are also 2 parking spaces in front A this structure. The two lots on Delivery Road are unimproved and are used for parking and storage of vehicles. Both consist of gravel and are fenced for security. A TRUE COPY ATTEST. . I MAR �. he lots collectively contala 951 square feet of area, andPbaNe multiple access areas from the vays. The . s. is 2 • feer fwnictbr, Wni boundary, mid 73 feet s setback. Building 9. g ' is presently 9.•lit 0 ■ The proposal is to constu t ® 11TW building containing S, O�.Pcl are feet, which will be located on the 27 Cortun.ercial and 1 0 Delivery Road property, Anc�jattached to the existing building at 27 Cornmercial.®T e phci-t ends (Af the building bvi by f 1eA2 Tads, with the long side of the building facing t1W i�tepoicourtyard, and providr g (3c ssyto 7 new car mays, each with their own overhead door. Additional access to the building will be provided via a 16 foot curb cut on Delivery Road. An access driveway from Commercial Street, between the existing structures, will result in the removal of 2 of the 6 parking spaces in front of the property$ llowever, these spaces will be now located In the interior courtyard referenced earlier, and which will be on site and no longer rewire backing into Commercial Street. The front setback on Commercial Street, although being unchanged regarding bulk requirements, will now contain additional plantings in two new islands, as well. as many new low plantings ul the buffer and the existing island housing a flag pole. The new structure will be 20.1 feet fronx Delivery Road and maintain the 7.1 foot distance from the side boundary. The property will also have a total of 35 parking spaces on site, most of which will be used for parking of customer's vehicles in fenced areas, but whichcomplies with the bylaw requirement. A total of 22 trees will be planted, mostly along the common boundary with the easterly abutter, and along Delivery Road, interrupted only by two 16 foot sliding gates For access. The site will also contain a new 4,500 gallon septic system to service the new building and existing building at 27 Commercial Street, and will maintain the septic system serving the property at 29 Commercial Street. Three separate infiltration systems will be Installed on the site, with several catch basins, in an effort to remedy the drainage issue in that area of town. In addition, an industrial wastewater holding tank will collect wastewater from the new building in a trench drain. Building coverage will increase to 21.�% and impervious coverage will be 42% in a zoning district which permits up to 70%. The new structure, although taller than the existing building at 27 Commercial Street, will only be 20 feet 10 inches. This property was also the subject a zoning relief in September of 1993, when this Board issued a. Special Permit (Decision 3018) to allow a change of use from file and linoleum to a repair shop for autos, trucks and buses. The uses would be conducted in the building previously permitted by Decision 1188. Decision 3018 was issued with conditions that no unregistered motor vehicles would be stored 111 the yard overnight, no more than 4 vehicles would be parked on site overnight (outside), and that no vehicle parts would be stored outside of the building. Petitioner is seeking to remove Conditions 1 and 2, for the reason that its business includes working on vehicles purchased for resale. In addition, due to the inclusion of the number of new work gays, and parking spaces, the 4 vehicle limit would be unreasonable. No abutter opposition to the project was noted. Generally, the Board was satisfied and agreed that the proposal would not be substantially more detriznetltal to tlie neighborhood, zoning district, or Town than the current state of the project, nor create any undue nuisance, hazard or congestion. There was robust discussion regarding whether the 4 parking spaces in front of the isting #.; #e �� #i. _ # #fire#-. #� /- �r -/ /- mthe fact that Desi �sent to the proposed configuration, However, the Petitioner advised the Board that the ffiro )arldng spaces were vita tc) customer protocol iebicles being serviced., tha eipployces woutd.! diately QlrR the, vehlcles to a seoure / i )n site, deliver thely 5,4 tq t1tc fjqj p� " °� .complete, i vvhen exiting. Also, the number of employee vehicles on site inakes it difficult to relocate, •te, those 4 spaces. Finally, the Petitioner explained that the requests for relief were more lil�ely addressed with Special Permits, and that the requests for Variances were made as a result of comments from the Site Plan Review meeting. Specifically, because the 4 lots have never been formally merged, that any additional construction and/or expansion of the intended use would require '`Variances. However, because the lots will be merged, it was the opinion of the Board that the Variances would not be necessary. Votes were thus taken separately for each form of relief requested as follows: l . A Motion was made by Mr. Martin, seconded by Mx. Heitz, to � ant the Special Pe��nit pursuant to Zoning Bylaw Section 202.5 to allow the L3 use to be expanded to the new structure and lot, as requested, without conditions. The members voted unanimously in favor of the Motion. Roll call vote was taken on this Motion with the following results: Mr. Martin � In Favor Mr. Baron - In Favor Mr. Kelley - In Favor I Ar. Neitz - In Favor Mr. DeYoung In Favor Accordingly, the Special Permit was approved on a 5-0 vote in favor. 2. .A Motion was made by Mr. Heitz, seconded by Mr. Baron, to grant file Special Permit pursuant to Zoning Bylaw Section I04.3.2(3) for the construction ofthe new structure, as requested, with the condition that the Petitioner merges the 4 lots into one collective parcel. The members voted unanimously in favor of the Motion. Roll call vote was taken on this Motion with the following results. Mr. Martin - In Favor Mr. Baron - In Favor Mr. Kelley - In Favor Mr. Neitz - In Favor Mr. DeYoung - In Favor A TRUE COPY ATTEST: '; . - � TOWN CLERK All TI O T N O T kccordingly, the Special PehM was approved on a 5-0 vote An Ivor. O F F I C I A L 0 F F I C I A L 3. A Motion was rtz Wh . Martin to deny the S 1 e t pursuant to Zoning Bylaw Section 301 for site upgrades, parking in front of the Commercial Street buildings, relief fisom driveway wi hOrat . buffer requirements. NTq Sgcopd of that Motion was secured, and the Motion. failed. N A N 0 F F I C I A L 0 F F I C I A L 44 A Motion was i ad ) by bqr. Neitz, seconded by 0 Bpr p, 'to grant the Special Permit pursuant to honing Bylaw Section 301 for site upgrades, parking in font of the Commercial Street buildings, relief from driveway width, and buffer requirements as requested, without conditions. Roll call vote was taken on this Motion with the following results: Mr. Martin - tJpposed I /fr. Baron - In Favor Mr. Kelley - In Favor Ar. Neitz - In Favor Mr. DeYoung - In Favor .Accordingly, the Special Permit was approved on a 4-1 vote in favor. 5. A Motion was made by Mr. Baron, seconded by Mr. I�.elley, to grant the request to modify Zoning Board of Appeals Decision 3018, in order to remove Conditions 1 and 2 listed therein, namely to eliminate the following. 1) That no unregistered motor vehicles be stored within the yard (i.e. outside the building} overnight. 2} That no more than four (4) other vehicles be parked on the site (outside the building) overnight, at any one time. The members voted unanimously in favor of the Mot1011. this Motion with the following results: Mr. Martin - In Favor Iulr. Baron - In Favor Mr. Kelley - In Favor Mr. Neitz - In Favor Mr. DeYoung - In Favor Roll call vote was taken on Ulf TOWN CLERK 1�oz A N 0 E' F I C I� L N O T A N 0 F' F I C T 1� Z C O P Y C O P i' Acec�rdul�ly, Decision 301 � was modified accozdu�gly, o�� a 5®0 vote ila. fa��®�°, � 0 T 1� 0 '� C. As a res��lt of a z�e e by �otitionex �:o withcl��w l iXef rer�t�este�. for �1ar��ti�ces fo�� relief vvith�atr `t�ic� l�of,��1 was n-�a y LMrI r�n.,p�e�pt�ded by n�ir. �ieit�, to grant that Motioi� a'1� Y�nbe�-s voted tunanilno�sl� i� for of the Motion. It.oll gall vote was taken an this Motion with the following results: Mr .Martin - In Favor Mr. Baron - In Favor Mr. Kelley - In Favor .Mr. Neit� - In Favor Mr. I)eYoung - hx Favo1` No permit shall issue until �4 days from the f ling of this decision with the Town Clerk. Appeals from. this decision s11all be .made pursuant to MGL c4(IA section 17 and must be fled within. Za days after Izling of this noticefdecision with the Town Clerk. �C7i�less otherwise pravided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 2�1- months. See bylaw §103.�.5, MGL c�OA ��) ,rr Steven S. I3e�ou3t�;rChairman �,• __._ L�1. y1, 0 ,� � A N O F F I C I A L C 0 P Y N 0 T 0 A N O F F I C I A L C 0 P y r Chapter ._ _. 40A, ` section ws The Board of Appeals of the Tow�i of Yarmouth Massachusetts hereby certifies that a Special Ferniit has been granted to: Jason Frazier, Trustee of Platinum realty Trust 36 Cocheset Path Nest Yarmouth, MA 02673 Affecting the rights of the owner with respect to land or buildings at. Plt()P�R S: 27 & 29 Commercial Street and 20 m 24 Delivery Road, South Yarmouth, MA Map 60, Parcels 177.1, 178, 182 and 183; Zoning District; B4 Title: Book 21027, Page 293 and Book 21028, Page 10 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 ar applicant that General Laws, Chapter 40A, Section 11 Mast 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 fled, 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. S even S. DeY , C airman L / J � `"MIMR ' TOtNN CLERK 2 9 2021 TQwl1 C°lertE I, Mary A. Maslowsiti, Town Clerlc, Town of Yarmouth, do hereby certify that 2Q days have elapsed since the filing with me of the above Board of Appeals Decision #4883 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. Iv�aslowski Town Clerk MAR L U Z ] JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY