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HomeMy WebLinkAbout5002 9 North Main St Decision Certified 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 123E F#94"9:0 a' Per MEMBERS PRESENT AND VOTING: Steven DeYoung, Doug Campbell, John Mantoni, Jay Fraprie 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 A TRUE Copy ATTEST: L i�ief i..Uic 1 TC!Vviv �:L F:iC MAR 16 2023 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. Manton, 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) X4-� F3�6�% 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 MAR 16 2023 A TRUE COPY ATTEST: L • x`` I Cfd'iC: /'iuVVN up-KK MAR 16 2023 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5002 Date: March 17, 2023 Certificate of Granting of a Variance (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: PETITIONER: Corina Brown 9 Uncle Joes Way, Hyannis, MA 02601 PROPERTY OWNER: ALJ Realty Corporation 707 Main Street, Hyannis, MA 02601 Affecting the rights of the owner with respect to land or buildings at: 9 North Main Street, South Yarmouth, MA; Map 61, Parcel 30; Zoning District: R-40; Title: Book 35411, Page 32 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance, 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 Variance, 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, Chair A TRUE COPY ATTEST MAR 1 6 2023