HomeMy WebLinkAbout4995 1376 Bridge St Decision Recorded 03.24.2313ic .j5bgb .Pgl ffliju-i
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TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: February 28, 2023
PETITION NO: 4995
HEARING DATE: February 23, 2023
PETITIONER: Trustees of the Jolly Captains Waterfront Townhouses
Condominium Trust, the Association of Unit Owners of
the Jolly Captain Waterfront Townhouses
Condominium
PROPERTY: 1376 Bridge Street, South Yarmouth, MA
Map 61, Parcel 60C
Zoning District: B-2 I HMODI
Title: Book 4723, Page 223
MEMBERS PRESENT AND VOTING: Steven DeYoung, Sean Igoe, Richard Martin, and Jay
Fraprie
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 Tinies, the hearing opened and held on the date stated above.
The Applicant seeks a Special Permit per §303.5.5,2 and 303.13 and/or Variance from §303.5.1
and 303.5.5.2 to create an unlettered sculpture closer than 30 feet to front property line and a
singly occupied attached sign on a round Building.
The applicant's Property is the location of the former Jolly Captain Motor Lodge, built in
approximately 19609 along the Bass River and the gateway to Yarmouth when travelling west
from Dennis. At that time, the lot was utilized as a 33 unit motel, in four buildings, with thirty
seasonal units, three year-round apartments and a manager's quarters. There was also a small
restaurant in the building closest to Route 28, which also housed the farnous lighthouse, adorned
with an iconic statue of a sea captain known as the "Jolly Captain" (the Captain), until he was
removed in 2010. The Property consists of approximately 38,000 square feet, in the B2 and
HMOD1 Zoning Districts. Based on several previous Decisions to this applicant, the property is
now utilized as 19 year round residential units, including Unit 19, the lighthouse itself.
From 1960 until March of 2010, the Captain was positioned on the lighthouse, facing southward
down the Bass River. In March of 2010, and during a rather strong winter storm, the Captain's
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The petitioner now seeks to re-establish the Captain to. his former perch on the southerly side of
the lighthouse building. The request is based on the historic nature of the statue, and the nostalgia
it harkens to residents and visitors to the Town of Yarmouth, and Cape Cod in general. Although
originally a sign for the commercial venture which once was operated on the site, the Captain's
presence at the base of the Bass River Bridge became more of a landmark for Yarmouth than a
symbol intended to identify, advertise, or promote a product, service, business, or the name,
ownership identity or control of a premises.
The proposal will re-establish the Captain approximately 15 feet above the ground, and will be
located approximately 1 foot from the road layout of Bridge Street/Route 28. The statue will be
10 feet tall, and will be identical to the original version of the Captain. The petitioner also desires
to restore the pedestal in the configuration and lettering as shown in the historic pictures
submitted at the hearing. The Building Commissioner has determined that the Captain qualifies
as an "unlettered sculpture" pursuant to Zoning Bylaw Section 303.5.1, and that it must be
"located a minimum of thirty (30) feet back from the front property line." As such, a Variance is
required.
Under Zoning Bylaw Section 102.2.2, the Board may grant a Variance in cases where it finds all
of the following:
I. literal egforceinent of the provisions of this bylaw would involve a. substantial hardship.
,financial or otherwise, to the petitioner or appellant.
2. The hardship is owing to circumstances relating to the soil conditions, shape or topography of
such land or structures and especially ajfeciing such land or structures, but not aft cting
generally the zoning district in which it is located.
3. Desirable relic. f may be granted without either: substantial detriment to the public goo& or
nullifying or substantially derogating f turn the intent or purpose of this bylau
The Board found that the hardship in this case is substantial based on the pervasive belief that the
residents of Town of Yarmouth and previous and current visitors miss having, not just a statue,
but a famous memory which stood for 50 years as an ambassador for Yarmouth. The hardship is
not only felt by the petitioner, but by the entire town. Second, this sculpture is affected by
topography. Specifically, requiring that the statue be placed 30 feet from Route 28 would
place the Captain either in the parking areas or travel lanes for the property. Based on the slope
of the property from west to east (toward the Bass River), the next location would be on top of
the building closest to the lighthouse building, thus hiding the statue from view. The last possible
place to put the Captain would be next to the Gazebo near the Bass River, which would position
the statue approximately 20 feet below the Bass River Bridge, and thus hidden from site.
This would also lie a hardship that is suffered due to the unique unlettered sculpture which it is,
and which seeks to mimic a prior sign of the exact same proportion and location. Finally, the
Board finds that there is no detriment to the public good and that awarding relief as requested
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303.1 To regulate signage.though a mechanism .which protects and serves the individual and
economic interests of residents and businesses while at the same time respecting community
character architectural desi n and nublic safety. (emphasis added).
In addition, and although complying with the size requirements of the Bylaw, the proposed
location of the Captain, approximately 15 feet above the ground, will not interfere with site lines
for traffic coming over the Bass River Bridge from Dennis. Also, the danger of this sculpture
being too close to the road is ameliorated as the lighthouse and the adjoining unit to the east are
both currently located 2.5 feet from the street already, and have been for 60 years, without
incident.
No abutter to the property spoke either in favor or in opposition to the project. The Board was in
agreement that the applicant had satisfied the variance criteria. Accordingly, a motion was made by
Mr. Martin, seconded by Mr. Igoe, to grant the Variance, as requested. The members voted, by
roll call, unanimously in favor of the motion as follows:
Mr. DeYoung
AYE
Mr. Igoe
AYE
Mr. Fraprie
AYE
Mr. Martin
AYE
The applicant moved and was allowed to withdraw the request for relief in the form of a Special
Permit, as it was the consensus of the Board that no such relief was needed. The members voted
unanimously in favor of the motion,
No petnut 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 Variance shall lapse if a substantial use thereof has not begun within 12 months. (See MGL
WA § 10)
Steven DeYoung, Chair
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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 Ming with me of the ,above Board of Appeals Decision #4995. that no noticed
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.
�f
Mary A. aslowski
MAR 2 3 2023
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57
MAR 3 z02
Petition #: 4995
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: March 21, 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:
Trustees of the ,lolly Captain Waterfront Townhouses Condominium Trust,
the Association of Unit Owners of the Jolly Captain Waterfront Townhouses Condominium
Affecting the rights of the owner with respect to land or buildings at: 1376 Bridge Street, South Yarmouth,
MA; Map 61, Parcel 60C; Zoning District: B-2 / HMODI; Title: Book 4723, Page 223 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
JOHN F, MEADE, REGISTER
BARNSTABLE COUNTY REGISTRY OF DEED!
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