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HomeMy WebLinkAboutDecision 3221 186-212 Mid-Tech Dr WYTOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: JUL 3 1 1995 JUL 31 P 4 :06 PETITION NO: #3221 1OWN i !_;_iti.i HEARING DATE: July 13, 1995 PETITIONER: Atlantic Resort Development Ltd, Partnership 412 Main St. West Yarmouth MA 02573 PROPERTY: 212 Mid -Tech Drive, West Yarmouth MA. Assessor's Map 73 Parcel T37 MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman, Fritz Lindquist, David S. Reid, John Richards, Jerome Sullivan It appearing that notice of the hearing has been given by sending notice to the petitioners and all of those owners of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petition was presented to the Board by Attorney Myer Singer of Dennis. The petitioner proposes to use this existing metal frame building (in the industrial zone) as an office suite for its resort management businesses. It is unclear which use category is most closely applicable to the proposed use. It is an office use, involved in business services for other Hotel/Motel businesses. It is principally a record keeping service, but also involves the financial aspects of these businesses' room rentais.. It appears to most involve uses S4, 04, and K-11, and therefore requires a special permit for the use in this zone. The petitioner conceeds that the use is difficult to categorize, and does not genuinely seek an appeal from any decision of the building inspector. In any event, after hearing the petitioner's presentation, the Building Inspector agreed with the classifications of the use. The petitioner proposes to have eight full-time plus two part-time employees. Virtually no "customers" will come to the site. No exterior or structural alterations of the building are proposed, nor will the site be altered. There is adequate parking for this use. The only potentially hazardous substances involved will be ordinary office products and in very small amounts. No one appeared in opposition to the petition. The Board finds that the proposed use will not cause or create any undue nuisances, hazard or congestion, nor will it be detrimental to the established or future character of this neighborhood. Accordingly, a motion was made by Mr. Reid, seconded by Mr. Sullivan, to Grant the special permit of use 0-4 ( with I-4 and K-1 i ancillary use components), as requested, and, as needed, to grant the Special Permit for this use in the A.P,D. The members voted unanimously in favor of the Motion. The Special Permits (2) are therefore granted. Appeals from this decision shall be made pursuant to ss17 c40A and must be filed within 20 days after the filing of this noticeldecision with the Town Clerk. David S. Reid, Clerk Board of Appeals TOWN OF YARMOUTH BOARD OF APPEALS CERTIFICATION OF TOWN CLERK I, George F. Barabe, 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 # 3221 and 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. �j d _ ger$1$arabe ToWn. Clerk• `1_a �- rA � t BARNSTABLE REGISTRY OF DEEDS Appeal # THE COMMONWEALTH OF MASSACHUSETTS -wilt; f. 3221 YARMOUTH City or Town BOARD OF APPEALS 650730 Date: August 21, 1995 Certificate of Granting of Variance or SNcial Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance of Special Permit has been granted RTC Nominee Trust, Raymond Cleary Trustee To:/Atlantic Resort Development Ltd, Partnership Address: 412 Main St. City or Town: West Yarmouth MA 02673 affecting the rights of the owner with respect to land or buildings at 212 Mid -Tech Drive, West Yarmouth MA. , being Lot 37 on L.C. Plan 37737—D. Certificate of Title No.136476. 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 - special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,, Section 11 (last paragraph) provides that no variance or 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 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. Chairman Clerk J