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Home My WebLink AboutDecision 4726Bk 31143 P9$ Y12276 03-19-2018 a 1O_42n I y I11 41 Aj V wei. kIreja ]7 PETITION NO: f' 1 "U: Q10014WX PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION February 23, 2018 4726 February 22, 2018 43 Main, LLC, d/b/a Grill 43 PROPERTY: 43 Route 6A, Yarmouth Port, MA Map & lot#: 0112.31; Zoning District: R-40 Title: Book 23697, Page 67 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard Martin, Richard Neitz and Tom Nickinello. 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 Register, the hearing opened and held on the date stated above. The Petitioner seeks the Board's review and transfer of Special Permit No. 3999-2005, previously granted to Marietta Hickey, Trustee of 43 Hallett Street Real Estate Trust, d/b/a Abbicci Restaurant, Special Permit No. 4244-2009, approving the transfer from the 43 Hallett Street Real Estate Trust to J. Ford O'Connor, Trustee of Willow Realty Trust, and Special Permit No. 4597-2015, previously granted to Trevi Restaurant Group, Inc., d/b/a Primavera Restaurant. Special Permit No. 3999-2005 addressed various extensions and additions in connection with the former Abbicci's Restaurant which necessitated relief from the alteration and extension of the non- conforming building and utilized by the Restaurant and the use in a residential zone. The Special Permit was granted, with conditions, by unanimous vote of the members of the Board then sitting. The present Petitioner, 43 Main, LLC, d/b/a Grill 43, intends to enter into a lease for the operation of the building and intends to proceed with the use of the premises in a substantially similar matter as the Abbicci Restaurant, i.e. to continue its operation as a dining establishment. The applicant explained that the restaurant will utilize off premises parking for employees, and valet parking as required in Condition No. 3 of Special Permit 3999-2005. Petitioner indicated that Conditions 1, 3 and 4 were all satisfactory and agreed to be bound by them, with Condition 2 previously removed as a requirement for subsequent operators/owners. No correspondence was received, and no one spoke either in favor or against the Petition. The Board determined that the transfer of Special Permit No. 3999-2005, Special Permit No. 4244-2009, and Special Permit No. 4597-2015 will result in a continuation of the Board's expectations as to the lack of adverse impact of the new restaurant to the neighborhood and the suitability of the Petitioner's parking requirements. Accordingly, a Motion was made by Mr. Neitz, seconded by Mr. Martin, to approve the transfer of 3999-2005, Special Permit No. 4244-2009, and Special Permit No. 4597-2015 to the present Petitioner on the following conditions: 1. That the present Petitioner is to be subject to the terms and conditions of Special Permit 3999-2005, with the exception of Condition 2 previously removed by amendment„ Special Permit No. 4244-2009, and Special Permit No. 4597-2015; and 2. The Special Permit is allowed to be transferred to this Petitioner and its anticipated restaurant operation. Should the business operation not proceed as per the Petitioner's representations or if ownership should change, the matter will have to be reviewed further by the Board consistent with the prior approval. On this Motion, the members voted unanimously in favor and the transfer is therefore granted. 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) l ,Z-6- .. Steven EfeYoung, Chai an COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Appeal 94726 Date: March 16, 2018 Certificate of Granting of a Special Permit (General Laws Chapter 40A, section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: 43 Main, LLC, d/b/a Grill 43 43 Route 6A YarmouthPort, MA 02675 Affecting the rights of the owner with respect to land or buildings at: 43 Route 6A, YarmouthPort, MA. Zoning District: R-40; Map & Lot#: 0112.31;Book/Page: 23697/67 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 or applicant that General Laws, Chapter 40A, Section 11 (last 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 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. pE Steven DeYoung, airman TOWN OF YARMOUTH To, 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 026644451 Clerk 4.anE.s Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III, 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 #4726 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. BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTES Petition#`;�M( Petitioner: Hearing Date: REQUEST: SPECIAL PERMIT:. VARIANCE: a Overturn B. Members of the Board present and voting. A It appearing that notice df said4,iepring his been given b e ._Ting notice thereof to the petitioner and all those owners property deemed by the Board to —be affected thereby and that public notice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. IN FAVOR J► Y 'v.L Reason for the Decision: OPPOSED Motion by:�' Seconded by: Mgri�%) Vote: L(MQM^^A V\--j Members voting in favor: Opposed: Therefore, the SPECIAL PERMIT VARIANCE APPEAL is GRANTED_ DENIED WITHDRAWN CONTINUED TO: CONDITIONS: EXHIBITS RECEIVED AT HEARING: TOWN OF YARMOUTH BOARD OF APPEALS APPLICATION FOR HEARING YARMOUTH TOWN CLERK 1113JAN24PA2:57 R-C Appeal#: 4 42.t0 Hearing Date: Z Z2- B Fee$ 2-050- H Owner -Applicant: 43 MAIN, LLC, (Address) (Telephone Number) (Email Address) and is the (check one) ❑ Owner XX Tenant 0 Prospective Buyer ❑ Other Interested Party Property: This application relates to the property located at: 43 Rte 6A, Yarmouth Port and shown on the Assessor's Man 112 as Parcel 31, Zoning District: R_40 Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project. i.e.: "add a Why 15' deck to the front of our house" or "change the use of the existing building on the property"): Applicant seeks transfer of Special Permit 4244-2009 and 4597-2015 to operate a restaurant at the property in a substantially similar manner as the existing restaurant. RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: 1) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. 2) XX SPECIAL PERMIT under §TRANSFER of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 _.(use space below if needed) 3) _ VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section: Relief sought: Section: Relief sought: Section: Relief sought: ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: FACT SHEET Current Owner of Property as listed on the deed (if other than applicant): J. Ford O'Connor, Trustee of Willow Realty Trust. Title deed reference: Book 23697, Page 67 Use Classification: Existing: Restaurant §202.5 # H10 Proposed: Restaurant §202.5 # 1110 Is the property vacant: No Lot Information Size/Area: 30,800 s/f Plan Book n/a Is this property within the Aquifer Protection Overlay District? Yes _ No XX Have you completed a formal commercial site plan review (if needed)? Yes _ No XX Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/ or will review this project, and indicate the status of their review process: Building, Health, Selectmen Repetitive Petition: Is this a re -application: No If yes, do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available information. Petition 3695, 2902,1759, 555, 404, 3999, 4244, 4597 — all attached Address: 49) Main Street Yarmouth Port, MA 02675 Phone: 508 362-7799 E-Mail: ptardifna,.tardiflaw.com Build' sioner Signature Date BFc 23697 P967 =26235 05-13-2009 a 12:46P I, Marietta B. Hickey, of Yarmouthport, Barnstable County, Massachusetts, Trustee of the 43 Hallet Street Real Estate Trust udt dated July 21, 1988, and recorded with Barnstable County Registry of Deeds at Book 6367, page 84, for consideration paid Nine Hundred Eighty Five Thousand Dollars ($985,000.) grant to J. Ford O'Connor, Trustee of Willow Realty Trust udt dated February 28, 2009, trustees certificate recorded herewith, of 6 MacArthur Blvd., Bourne, Massachusetts. Z- MASSACHUSETTS STATE EXCISE TAX %9 BARNSTABLE COUNTY REGISTRY OF DEEDS Dater 05-13-2009 a 12:46pn 4 with Quitclaim covenants Ct1C: 1103 Doc#t 26235 Fee: f3t368.70 Const L985000.00 For Description See Exhibit A Attached 4. v See Trustee Certificate recorded herewith a c P Witness my hand and seal this I day of May, 2009 * �r (/Z erf Nu Marietta B. ickey, Trustee of the 43 Hallet Street Real Estate Trust 00'000'5863 tsu03 02,0z,Z$ :aa.4 S£Z9L t.3a0 £OTT a aaMV a 60OZ-£T-90 •81n0 aC 80330 30 AJ1SI9311 A1Nn03 3VV1SNSVE XVI 3SIOX3 A1Nn00 312VISHMVS to a COMMONWEALTH OF MASSACHUSETTS 0444 +st•461e• ,as. May 13 , 2009 On this 16day of May, 2009 before me, the undersigned notary public, personally appeared Marietta B. Hickey, Trustee aforesaid, proved to me through t.*� satisfactory evidence of identification which was Massachusetts Drivers License, the person whose name Is signed on the preceding or attached document, and r� ; acknowledged to me that she signed It voluntari for its stated purpose. 9 9 N pu ....t.•:i�'. Michael S. Kalis, Esq., Notary Public My cwn**n expires: 924/15 Bk 23697 Pg 68 #26235 EXHIBIT A PARCELI: That certain parcel of land with the buildings thereon, situated in that part of the Town of Yarmouth called Yannouthport, Barnstable County, Massachusetts, bounded and described as follows: Beginning at the Northeast comer of the premises by the County road in Charles Bassett range; Thence sets Southeasterly, Southwesterly and Southerly by a crooked or curbed wall fence In line of said Bassett's land about twenty and one-third (20113) rods (335.28 feet, more or less); Thence sets Westerly by a fence In line of Charles F. Swift,s land four (4) rods (66.00 feet, more or less) to a comer, Thence running Northerly by a fence In line of said Swifrs land fourteen (14) rods (231.00 feet, more or less) to a comer, Thence sets Easterly twelve (12) feet to the Southwest comer of the cabinet shop; Thence set Northerly to the County Road to a comer, Thence running Northeasterly by said road seventy-eight (78) feet to the first mentioned bounds; Containing about one-half (1/2) acre of land, more or less, with the dwelling house, barn and shop buildings standing thereon. PARCEL II: Also, that certain parcel of land, with any buildings thereon, situated In said Yarmouthport, described as follows: Commencing at the Southeast comer of the premises in Charles Bassett $ range; Thence running Westerly by said Bassett's land about sixty-two (62) feet to other land of said Swift; Thence Northerly by land of said Swift about one hundred forty (140) feet as the fence now stands to the Southwest comer of said Edson's land; Thence Easterly about sixty-two (62) feet by said Edson's land to land of said Charles Bassett; Thence Southerly by said Bassett s land about one hundred forty (140) feet to the point of beginning. For Grantor's title reference see deed dated July 21, 1988 and recorded with Barnstable County Registry of Deeds at Book 6367, Page 90. / -. YARMOUTH BOARD OF APPEALS ABUTTERS LIST Petition# Name: 43 Main, LLC Filing Date:I (Z:!q 1, 2 Hearing Date: Z I ZZII2 Property Location: 43 Route 6A, Yarmouth Port, MA Map Number Lot Number Map Number Lot Number Applicant # 112 31 Abutters #'s 32 33 44 45 46 121 1 4 99 2 Labels-1 Hard Copy Assessors Field Card with photo Andy Machado, Director of Assessing 112/ 29/ GALE CHARLES E TRS GALE CAROLYN A 24 MAIN ST YARMOUTH PORT. MA 02675-1618 112/ 301 I / LARSON ALLEN R LARSON GLORIA C 30ROUTE6A YARMOUTH PORT, MA 02675 112/ 31/ OCONNORJFORDTR PO BOX 3222 BOURNE, MA 02532 112/ 32/ / / HEAVEY JOSEPHF HEAVEY KATHLEEN B 35 ROUTE 6A YARMOUTH PORT, MA 02675 112/ 33/ / GARREFFI ANTHONY GARREFFI YUMI 25 ROUTE 6A YARMOUTH PORT, MA 02675 1121 34/ PERRY TODD CO-TRS SWANSON DARRYL I CO-TRS 49 ROUND COVE RD HARWICH, MA 02645 112/ 35/ TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 112/ 36/ MORRISON PAULA R 24 RAILROAD AVE YARMOUTH PORT, MA 02675 112/ 43/ / / CAHOON MARSHALL WAYNE CAHOON KIRSTEN B 63 WILLOW ST YARMOUTH PORT, MA 02675 112/ 441 CAHOON SYLVIA H LIFE EST C/O SYLVIA VANANTWERP 63 WILLOW STREET YARMOUTH PORT, MA 02675-1741 1121 45/ / 1 CAHOON MARSHALL WAYNE 51 WILLOW ST YARMOUTH PORT, MA 02675-1741 112/ 461 LANCASTER DAVID C/O HILL JOHN MERIDITH 834 W NORTH ST CARLISLE, PA 17013 1121 60/ LARRABEESUSAN P 0 BOX 308 YARMOUTH PORT, MA 02675 1121 61/ / / CHASE BETH ANN CHASESCOTTBAKER 22 JUNE TER DENNIS PORT, MA 02639 1121 63/ I / ELLIS HAROLD CHARLES JR 48 WILLOW ST YARMOUTH PORT, MA 02675 12U 21 TEAGUE MATTHEW K TEAGUE LINDSEY F 56 ROUTE 6A YARMOUTH PORT, MA 02675 121/ 4/ MORTON ELIZABETH G 46 ROUTE 6A YARMOUTH PORT, MA 02675 121/ 96/ SRIHADI TRI K 77 ROUTE 6A YARMOUTH PORT. MA 02675 121/ 97/ ROUTE 6A YARMOUTHPORT LLC C/O RON PFENNINGMILL LN MGT 231 WILLOW ST YARMOUTH PORT, MA 02675-1744 1211 99/ STARKEY ALBERT W STARKEY SUSAN D 55ROUTE6A YARMOUTH PORT. MA 02675 1121 64/ / NICKELSON MARIBETH C 501 POBOX 501 Please use this signature to certify this list of YARMOUTH PORT, MA 02675 properties abutting within 300' of the parcel located at: 112/ 65/ / / 43 Route 6A, Yarmouth Port, MA 02675. CASH SARAH Assessors Map 112, Lot 31 62 WILLOW ST YARMOUTH PORT, MA 02675-1740 Andy Ma ado, Director of Assessing 112/ 62.2/ HERWIG THEODOR T HERWIG CHERYL L IS SLEEPING DOG PATH YARMOUTH PORT, MA 02675 112/ 62.1.1/ MARCEL RICHARD E TR MARCEL NOMINEE TRUST 11 SLEEPING DOG PATH YARMOUTH PORT, MA 02675 HEGARTY JAMES W TR J W & B HEGARTY TRUST P 0 BOX 327 CUMMAQUID, MA 02637 Property Location: 43 ROUTE 6A D1AP ID:112/ 3111 / Bldg Name: State Use:0326 ' Vision ID:14309 Account # 14309 Bldg#: Iof2 Sec#: I of t C.M t nr ly Property Location:43 ROUTE 6A Visinn TD: 14309 Account # 14309 MAP ID: 112/ 31/ / / Bldg #: 1 of 2 Bldg Name: State Use: 0326 Sec #: 1 of 1 Card 1 of 2 Print Date: 01/26/201816:22 CURRENTOWNFR CONNORJFORDTR PO BOX 3222 I evel ublic Water I sued uburban Description Code Appraised Value Assessed Value 815 YARMOUTH, MA eptic ESIDNTL ES LAND 0101 0101 263,800 79,500 263,800 79.500 OMMERC. 0326 267,100 267,100 BOURNE, MA 02532 SUPPLEMENTAL DATA - OM LAND 0326 109,800 109,800 Other ID: 100/FO05/// VOTE Additional Owners: OMMERC. 0326 1,500 1,500 tISC 400 VOTEDATE CHANGES ETTERM ETTERMENT RI VATS R( VISION LAN NUMBE11347 IP CODE 2675 Total 721,700 721,700 ISID: M_303450 828663 ASSOC PID# RECORD OF OWNERSHIP BR-VOLIPAGE SALEDATE qlu yr SALEPRICE 14. PREVIOUSASSESSMENIS HISTOR - - CONNOR J FORD TR ICKEYMARIETTA BTR HICKEY MARIETTA B TR 23697/ 67 63671 90 05/13/2009 07/26/1988 U 1 1 1 985,000 0 IC Yr. I Code I Assessed Value I Yr. I Code I Assessed Value I Yr. Code I Assessed Value 2018 018 018 0101 0101 0326 263,800[017 79,500 267,100 0101 0101 0326 263,800 79,500 267,100 016 016 016 0101 0101 0326 263,800 79,500 267,100 018 0326 109,800 0326 109,800 016 0326 109,800 019 0326 1,500 0326 1,500 016 0326 1,500 Total: 72I700Total: 721700 Total: 721700 EXEMPTIONS OTHER ASSESSMENTS - - This signature acknowledges a visit by a Data Collector or Assessor Year a IDescridition I Amount Code loescription I Number Amount Comm. Int. . - APPRAISED VALUESUMMARY- - Bldg. Value (Card) XF (B) Value (Bldg) OB(L) Value (Bldg) Land Value (Bldg) Land Value Appraised Parcel Value Valuation Method: 261,700 5,400 1,500 109,800 0 721,700 C Appraised ASSESSINGNEIGHBORHOOD -. - - - - Appraised NBHD/SUB I NBHD Name I Street Index Name I Tracin Batch Appraised KIA Appraised NOTES Special BICCI REST 75 SEATING FHS-FRD I/A Total FY05 SUBDIV#34 BOA#3999-2005 Adjustment: 0,492 SQ FT LOT BOA#4244-2009 0 et Total Appraised Parcel Value 721,700 _ BUILDING PERMIT RECORD - - - - VISIT/CHANGE HISTORY ' Permit ID Issue Date TVW escri Lion Amount Insp. Date % Comin. Date Comp, omments Date IS ID Cd. Purpose/Result 17-001953 10-765 09-1080 0&1163 06-1039 05-1517 02-1062 11/03/2016 12/24/2009 05/06/2009 04/03/2006 02/27/2006 06/24/2005 06/10/2002 WS AL OP AL AL AL RS Vood Stove Iterations se&Occupancy lerations iterations lerations 4sidential 5,000 600 0 250,000 43,000 3,500 7,500 01/19/2017 07/28/2007 07/28/2007 01/01/2006 05/09/2003 100 100 too too 100 100 too 01/01/2007 01/01/2007 01/01/2006 Ol/0II2003 Iteration - install plus UT IN PASS THRU Bl ESTAURANT-CHAN( 1ST FL DECK ON NEN EMOLISII CENTERS EPAIRS-RECONSTRI DDITION STORAGE 1 11/1912017 3/28/2014 3/20/2014 2/20/2008 7/28/2007 02 KL BP DK 02 DK 01 GM BP GM BP 3ullifing Permit 4easurF2VIsIt-Info Can easur+IVisit 3uilding Permit 3ullding Permit - - - - - - - LAND LINE VAL UA TION SECTION B # Use Code Use Description Zone I D Front De th Units Unit I Price I. Factor .A. Acre Disc C. Factor ST. Ids AN. Notes -Ad' -Special Pricing SAdj Fact 441. Unit Price Land Value 1 0326 RESTICLUBS G 17,685 SF 6.21 1.0000 0 1.0000 1.00 K 1.00 1.00 6.21 109,800 Total Card Land Units: 0.41 ACI Parcel Total Land Area: .7 AC Total Land Value:1 109,800 Property Location: 43 ROUTE 6A NIAP ID:112/ 31/ 1 / Bldg Name: State Use:0326 Vision ID:14309 Account # 14309 Bldg #: 2 of 2 Sec #: 1 of 1 Card 2 of 2 Print Date: 01/26/2018 16:22 - CONSTRUCTIONDETAIL CONSTRUCTIONDETAIL CONTINUED Element I Cd. I Ch. I Description Element I Cd. I Ch. I Description for Wall 1 11 for Wall Structure 3 Cover 3 or Wall 1 3 or Wall 5 or Fir 1 9 or Fir 14 Fuel 3 Type 4 Ype I Bedrooms 2 Bthrms Half Baths Xtra Fixtrs Rooms Style Id Style esidential xcellent+10 1/2 Stories ine/Soft Wood a1. ease "te: arpet et Other Adj: as Replace Cost weed Air -Due YB one Bedrooms 3ep Code emodel Rating ear Remodeled 3ep % unctional Obslne rr[emal Obslnc eTrend Factor Floor Expansion, Finished h, Enclosed, Finished Story, Finished Wood % Ovr Ovr Comment Imp Ovr hnp Ovr Comment to Cure Ovr to Cure Ovr Comment 51,2 2,1 I11AP ID: 11213111 / Bldg #: Bldg Name: State Use: 0326 2 of 2 Sec #: I of 1 Card 2 of 2 Print Date: 01126/201816:22 Property Location:43 ROUTE 6A Vision ID:14309 Account # 14309 CURRMOWNER CONNORJFORDTR O BOX 3222 BOURNE, MA 02532 Additional Owners: I evel ublic Water 1 sued uburban Description Code Appraised Value Assessed Value 815 YARMOUTH, MA 11 eptic ESIDNTL ES LAND OMMERC. OM LAND 7OMMERC. 0101 0101 0326 0326 0326 263,800 79,500 267,100 109,800 1,500 263,806 79,500 267,100 109,800 1,500 SUPPLEMENTAL DATA tber ID: 100/ F0051 I ISC 400 RANGES ETTERMENT LAN NUMBEI1347 IPCODE 2675 ISID: M_303450 828663 VOTE VOTE DATE PRIVATE R( ASSOCPID# VISION Total 721,700 721,700 RECORDOFO{VNERSHIP BR-VOUPAGE SALE DATE qlu v/I I SALE PRICE KC PREVIOUSASSESSMENTS HISTORD - CONNOR J FORD TR HICKEY MARIETTA B TR HICKEY MARIETTA B TR 23697/ 67 6367/ 90 05/13/2009 07/26/1988 U I 1 985,000 0 IC Yr. lCode Assessed Value I Yr. I Code I Assessed Value I Yr. I Code I Assessed Value 2018 018 018 O18 018 0101 0101 0326 0326 0326 263,800 79,500 267,100 109,800 1,500 017 017 017 017 017 0101 0101 0326 0326 0326 263,900 79,500 267,100 109,800 1,500 016 016 016 016 016 0101 0101 0326 0326 0326 263,800 79,500 267,100 109,800 1,500 Toml: 721700 Total. 1 721700 Total. 1 721700 - EXEMPTIONS - - - OTHER ASSESSMENTS This signature acknowledges a visit by a Data Collector or Assessor Year I Tvae PEscriEtion Amount I Code escri lion Number Amount Comm. Int. Appraised - APPRAISED VALUESUMMARY Bldg. Value (Card) XF (B) Value (Bldg) OB (L) Value (Bldg) Land Value (Bldg) Land Value Appraised Parcel Value Method: 259,300 4,500 0 79,500 0 721,700 C 0 - - ASSESSING NEIGHBORHOOD - - Appraised NBHD/SUB I NBHD Name Street Index Name I Tracinz Batch Appraised K/A I I I IAppraised ' - NOTES - - - Special OWNER'S HSE/RENOVATED WOOD SHINGLE ROOF ON FRON Total RESTORED ANTIQUE HOUSE LOC TO REAR OF LOT Valuation EAR EST DUE TO NO ACCESS Adjustment: APE et Total Appraised Parcel Value 721,700 - BUILDING PERMIT RECORD - - - - - VISIT/CHANCE HISTORY Permit ID issue Date 7,1,pe Description Amount Insp. Date %Comp, Date Coma. Comments Date Tvve IS ID Cd. Purpose/Result I/19/2017 328/2014 3/20/2014 2202008 7282007 02 KL BP DK 02 DK 01 GM BP GM BP Building Permit easur+2Visit-Info Can leasur+lVisit luilding Permit uilding Permit - LAND LINE VAL UA TION SECTION ' _ Description Zone D Font Dth Units Unit Price L Factor .A. Acre Disc C. Factor ST. ldx Ad'. Notes -Ad' S ecial Pricin SAdI Fact d'. Unit Price Land Value5INGLE rUse FAM MDL 01 G 11,807 SF 6.21 1.0000 0 1.0000 1.00 K 1.00 1.00 6.21 79,500 Total Card Land Units: 0.29 AC Parcel Total Land Area: .7 AC Total Land Value:1 79,500 __________ ____P011i3]____11}ID 1�35e ______1G_6_ __Wtl]3]___ {YOIIi-A t .K IYOI}LN P01I11]I .1.1 V uKTo fua � 1}�w10 lfazs \ ai�.s u"� a cwRLA V � •\ fv/ f, •1. I _.. I Q1. a W � 1 1 x • �` Y.K �I o - p r. i o s�Evwc oocnA 4MK m x u � :.ww+n T I u wK e^ v C2 ° <)11J``�1Q; 3 o `� ' n1i EP cl . 'oar ❑ - i ;. W J L S� �� PO egmvnw 'AFT cw, Z' 1xVer ; �u1e m- - - -- - LL. COMM.OF MASS-pARROAD \ `• 1we (� I 8 � V K � T • >rK `, l I evK • \ I DENNIS POND ' �T�1e 1q-n------------ ________--------------------------------------------- L__ TAX MAP 1 1121122 '"G 1W so U +DO � TOWN OF YARMOUTH SHEET �F8e1 �` BARNSTABLE COUNTY, MASSACHUSETTS 10 112 103104 patzr+G Fo txrtc qLc _ t __________ ________ _ L09p____ _ _PO t3 _ � 4Q� / �(S WK W'LL' IOMIf�YMIWIM µ 131y I RO/1]tM• �af� � WK ��K , ,s p b ssse. y-• $4o� I - MA\PPRT /R��OM _ _ /y POw•x 'ROPO 1 /� srolxxns l.K � 0 HALLETS MILL ❑ ❑ ❑ '>� 1 POND o - — �F ]xcrovnv w Roure m 0 1ngm 0 Q d �j WK 1WK O^ e C• WN 6 ' O tL.l W /j' ❑ abK 1 s F E ____ __ ____ ____l+}_A_ _ 11_]._A fla+1 M]___x_L J� _ RO ++x-H +x �Y K•' Q pp 131-N wO tMb TAX MAP "O TOWN OF YARMOUTH !129130',131' 100 �° � 100 200 122 SHEET mF� +` BARNSTABLE COUNTY. MASSACHUSETTS 121 112i113 TOWN OF YARMOUTH BOARD OF APPEALS DECISION r F ItJ FILED WITH TOWN CLERK: June 27, 2001 PETITION NO: #3695 HEARING DATE: June 14, 2001 PETITIONER: Marietta B. Hickey, dba Abbicci Restaurant PROPERTY: 43 Route 6A, Yarmouthport Map:112 Parcel: 31(100/F5) Zoning District: R40 MEMBERS PRESENT AND VOTING: David Reid, Chairman, John Richards, James Robertson, Richard St. George, Diane Moudouris, Robert Reed, Alternate. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board 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. Your Petitioner is Marietta Hickey of 43 Route 6A, Yarmouthport, Massachusetts who is the owner and operator of Abbicci Restaurant. The property which is the subject of this appeal contains two buildings. The building closest to Route 6A, is the Abbicci Restaurant and the building located to the south on the lot is Ms. Hickey's residence. The Petitioner was represented at the hearing by Attorney Michael B. Stusse. The Abbicci Restaurant is located in an R40 zoning district and is shown on Yarmouth Assessor's Map 112 as Parcel 31. The property is also located within the Old Kings Highway Historic District which Commission approved the proposed plan at a hearing held in the fall of 2000. The use of property for hospitality purposes predates the adoption of the Yarmouth Zoning By- law and the use is pre-existing and non -conforming. The site has been the subject of three previous Board of Appeals decisions. They are Appeal #404 (1957), a special permit to allow a small addition to the Cranberry Goose Restaurant. Appeal #555 (1961) - a variance to allow use of the then barn, now residence, to be reconstructed and used as a residence. Appeal #1757 (1981) a special permit for a 48 square foot addition to a non -conforming use (the restaurant then known as the Cranberry Goose). Ms. Hickey has requested zoning relief to make the following improvements to the properties as follows: -1- Restaurant Building: Add a trellis covered deck where the existing stone courtyard entrance is located and add approximately 160 square foot storage/access to the rear of the building. Residence Building: (a) Add a four foot wooden walkway and series of deck to include for an outdoor shower and sauna area and (b) Rebuild a storage shed that was previously destroyed. Plans Submitted with Application: 1. "Plan of Land in Yarmouth, Massachusetts as Prepared for Marieta Hickey April 30, 2001.." 2. Elevation Plans, by Northside Design, dated February 4, 2001 (6 sheets) At a Site Plan Review Hearing held on October 10, 2000, the Building Commissioner determined that the alterations proposed require a special permit for the restaurant and a variance for the alterations of the house. Additionally, he determined that a special permit is required for the shed. The petitioner represented that the restaurant alterations will not add any seating or occupancy to the business. The trellis covered deck will improve an existing stone patio area. No seating or customer service of any kind will be offered or permitted on the proposed deck. It will simply improve the entrance way to the restaurant. The proposed "hallway/storage room", as shown on the plan, will also not include any customer accessible area. It will be used for improved storage for the restaurant, accessible only to employees. No increase in seating capacity will result from either proposal. As a result, the Board finds that the proposed alteration would not be more detrimental then the existing structure. The proposed residence additions are all exterior, consisting of a raised walkway and several deck areas. The decks will extend to within 6.7' of the easterly side line and 6.0' of the westerly line. They are substantial structures, as compared to the existing house. The Board expressed concern that the decks would effectively block off all access to the rear portion of the lot, and to the rear of the house. The lot itself is only approximately 66' wide. Since the. residence itself (i.e. the building and the use of it) are the product of a previous variance, these additions and alterations may only be permitted upon granting of another variance. The Board finds that the criteria for a variance have not been demonstrated. While the decks may well be beneficial to the occupants, the absence of them is not, per se, a substantial hardship. Further, the proposed design would be substantially non -conforming to the zoning bylaw, and therefore would substantially derogate for the intent and purpose. As " shed, on irticpection of the �;e .:. ,pe= that the shed does not presently exist at the 16' x 38' and would be located 15.2' from the rear and 13.2' and 15.1' from the respective side lines. Currently, 20' setbacks are required for each line. There appears to the board no compelling reason for this particular size, design or position for the shed. A smaller, conforming shed, could be accommodated in the rear yard area. While the design may fit well within the petitioner's landscape plan, that alone is not sufficient reason for either a Special Permit, or a Variance. Since the previous shed no longer exists, it appears to the Board that a Variance, rather then a Special Permit, may be necessary. In any event, the Board finds that sufficient special circumstances and hardship have not been demonstrated. Accordingly, a motion was made by Mr. St. George, seconded by Mr. Robertson, to grant the requested Special Permit, per §104.3.2 (3), for the proposed alterations and addition to the restaurant building, on the condition that there be no seating or restaurant service provided on the deck area, and that the new storage area not be customer accessible space, as represented. The Board voted unanimously in favor of this motion. A second motion was made by Mrs. Moudouris, seconded by Mr. St. George, to deny the requested Variance for the additions to the residence. The members voted unanimously in favor. A final motion was made by W. St. George, seconded by Mr. Robertson, to deny any relief (whether Special Permit or Variance is needed) for the proposed shed construction. The Board members voted unanimously in favor. Accordingly, the Special Permit for the restaurant additionlalteration is granted; all other relief is denied. 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) Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not excised within 12 months. (See MGL c40A § 10) David S. Reid, Clerk a:• • , t;, -3- . r TOWN OF YARMOUTH BOARD OF APPEALS Fi'a DECISION FILED WITH TOWN ARK: JUN 5 1992 \ �' "92 jM �5 A10 ,23 PETITION NO: 2902 d� DF HEARING DATE: May 14, 1992 1OjH CLEKK 3 iREA_'U1•( PETITIONER: Marietta Hickey, Abbicci Restaurant PROPERTY LOCATED AT: 43 Main Street, Yarmouthport, MA and shown on Assessor's Map 100 as Parcel F5. PETITIONER REQUESTS: A sign variance to allow to maintain the existing sign in its existing location; this sign has been in this location first as the "Cranberry Goose", then as the "Cranberry Moose" now as "Abbicci.". Also, to maintain the existing 2 hanging signs that let the public know when restaurant is open or closed etc. MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman, Fritz Lindquist, David Reid, Jeanne Bullock, John Richards. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Yarmouth Sun, the hearing was opened and held on the date first above written. The petitioner requests a sign variance to allow an existing sign to remain in place, and to allow two existing hanging signs to be attached beneath the free-standing sign. The petitioner has already secured Old King's Highway Regional Historic District committee approval of the free standing sign, and has presented a letter from the OKHRHDC indicating that it would approve of one interchangeable hanging sign. The Sign Design Review Board unanimously approved of the existing free standing sign, but not of the hanging signs. The existing sign has overall dimensions of 4' x 71,making it substantially larger then presently allowed. In addition, its' post is 13' tall, and the sign itself extends to within approximately 1' of the road layout/property line (though the actual road surface is some distance from the layout/property line). The petitioner represents that the original sign was constructed at the same location in approximately 1948. The present sign was rebuilt, from the original materials and in the original shape and dimension. Its' location is necessitated by the location of the building which itself projects out very close to its front lot line, and by the fact that the site is on a curve in the road which would make the sign not visible were it to be moved back to the required set back. Several direct abutters and neighbors appeared and spoke in favor of the petition, voicing strong opposition to the requirement that the sign be made to comply with the current code. No one from the neighborhood appeared in opposition to the petition. The Board gave the matter careful consideration. While the sign is indeed considered to be attractive and tasteful, it is also substantially in violation of the current code. The code does contain a policy of requiring non -conforming signs to be brought into compliance whenever possible. Consideration is given to.the fact that nothing has been changed to the sign itself (nor to its location) since 1948 (though the content'of the sign has been changed for the new business name of the restaurant). The majority of the Board was iupressed by the neighborhood support, and by the approval and recomrendation of the Old Ki.ng's Highway Historic District Comnittee and the Sign Design Review Board. The Board also appreciates the Historic District Comnittee's sensitivity to the interplay between its own policies and the local by law. The Board finds that there exist special circumstances relating to this sign, and particularly with respect to its location and the location of the building and lot, and that the relief requested could be granted in this instance without substantial detriment to the neighborhood, and without substantially derogating from the intent and purpose of the by law. A Motion was made by Mr. Lindquist to deny the petition. No second to this Motion was made. A second Motion was made by Mrs. Bullock, seconded by Mr. Reid, io grant only so much of the petition as requested that the existing 4' x 7' sign be allowed to remain, in its present location, but to deny the request for the additional hanging sign. Mrs. Bullock, Mr. Reid, and Mr. Lindquist voted in favor; Mr. Richards and Mr. Carrpbell voted against the Motion. The Motion therefore failed to carry by the requisite majority. A third Motion was made by Mr. Richards, seconded by Mr. Campbell, to grant so much of the petition as requested the variance for the existing sign (size and location) and to permit one additional (interchangeable) hanging sign to be placed below it. Mr. Carrpbell and Mr. Richards voted in favor of this Motion, Mr. Lindquist, Mrs. Bullock and Mr. Reid voted against. This Motion therefore failed to carry. A fourth Motion was made by Mrs. Bullock, seconded by Mr. Richards, to allow the variance for the existing free standing sign, in its present size, height and location, but to deny the request for the additional hanging signs (as recommended by the Sign Design Review Board). The Board nmrbers voted unanimously in favor of this Motion. The variance (as voted) is therefore granted. c �-a �q No pe=' t shall issue until 20 days from the filing of this ddcusioP :73 with the,,Town Clerk: n* tl David S. Reid, Clerk _ Board of Appeals ` g3 yj .n=i IV C ❑': W •• V { Filed with Town Clerk: TOWN OF YARMOUTH BOARD OF APPEALS Jul 12 1981 Hearing Date: 6/11/81 Petitioner: Tom Rowlands & Jerry Finegold Petition No.: 1759 56 Main St. �< Yarmouthpor1 ��ODECISION The petitioners requested a special permit from the Board of Appeals to allow an addition to an existing non -conforming building known as the Cranberry Moose (formerly the Cranberry Goose). Property located at 43 Main St., (Hallet St.), Yarmouthport, Mass, and shown on Assessors map #100-F5. Members of Board of Appeals present: Augustine Murphy, Myer Singer,, David Oman, Donald Henderson, Judith Sullivan. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Yarmouth Sun on 5/27/81 and 6/3/81, the hearing was opened and held on the date first above written. The following appeared in favor of the Petition: Donald Morse, Ross Joly, Robert Studley, Robert Kittridge, Walter Nickerson. The following appeared in opposition: None. Reasons for decision: It appeared from all of the testimony that there was a total failure, on the part of the petitioners to follow the procedure required for obtaining a building permit, and the requested structure is substantially complete. The Board did not consider the procedure deficiencys but only considered the merits of the case. In the simplest terms, this is a request for a 48 square foot addition to a non -conforming structure, which addition has already been approved by the Old Kings Highway Historic District Commission. The Board sympathizes with the Building.Inspector, who is charged with the enforcement of the zoning by-law and feels the Inspector followed all of the proper procedures. However, applying the criteria for a special to this appeal, it is clear the peti- tioners met all of the requirements set forth in Sec. 1422 and Sec. 1532. Consequently, the request for a special permit as requested, is'granted. Members of Board voting: Donald Henderson, David Oman, Myer Singer, Augustine Murphy, Judith Sullivan. 4 voted in favor to grant the request, 1 abstained from voting. Therefore, the petition for special permit is granted as requested No permit issued until 20 days from date of filing decision with the Town Clerk. Judith M. Sullivan Clerk pro tem IP _r nojF5 TOwt OF YAH112)UTfi BOARD OF APPEALS Petitioner: Castenzio & Ddrothea Fiorenza tto.....•.555."470 .. December 7, 1961 D2�iSIC+N This is an appeal from decision of Selectmen refusing permit to: or petition for approval of: a variance from the,requireme•nts of the Yarmouth The Petitioner requested.acrriclx#.........•.......•.........1.............1............ Zoning By -Laws to allow the alter�t� one i� pia jPJ15. A..tk�E.............•. •.... 10..... •...t........ 11.... 0......... • •. existing 3arn to be used as a'residence. Shown on Assessorsf Map '................11...«..•..:.............................. «.......«.OILY..... ..... •.!• 100; Parcel F5. t.1.01.•I..1!•.1...........•.!/1!.•.IIt..1•.II...Y.••1...1.•11.101«.11 •..I..P.«.l.9t•F♦ l+tembara'of Board of Appeals present: Present: Absent: / 1 ♦�4 It appoa °-`ng that n�Ao of said hearing has been given by sending notice thereof to the,Fetitioner and all those o,,ners of property deemed by the Board to be affected thereby, and that public notice of such hearing having been given by publicat 0n. in the Cape Cod Standard Tress on..11/16�..11� 61,.......E the hearing cas opened and held on the date first above Written, The following appeared in favor of the Potition: Appeal: v Ta,47t of Y11MODTII DOARD DP AP.;l JZ 1'ctit3anort (C a0eriQ Fa Dor�aCl^�a� i'3.os^�n::a � Utl - r=ber OP.P.P6Ptl�50P00..1PP0.*PPP.NPP.4PP Dzt P PLi ir:C "�'e .Pd o�.y �.e Poe nneo DECMIal This is en an, wal front decision of Solna M refusing pesnit to. � or potitirn"for nprrovsl oft + The petitioner a variance :'rm the requirewnta of the Tarmuth,. Zoning DtiZav;p tree a' *-..: th-a t terati ns and adlitims to the existing .l a i late used set' � rezidantoP Mm-*n on Anaeucorsa lisp looj Parcel p5. Nan!, to of Dczard of Appeals presents 13 reld llai wi,, Chzsl an ycrn Patai Ilibbor ".3 Alex Catto 7e9 p ttrirq thdt notice of said hoarini, has been given by =ding notice thor'eoia'to tho Potitioner msd all these einers'of property deeded b;e the, ard. to e affected thereby,, nerd thst,pabUo aotice of sack hearing hat*laxl b*cI � br puIMcation in tho Cape Cod Standard Times on llowzber 16 ,6d t3ou'- .bI,Ttiz3$ 1;'1a1, the hearIn.w was opested rzd hold on the data first viAttan ' Tho fd1lowing appeared in favor of 'is aapea7l; Cattrncio norenaa Darethsa r1oi = tzta Ina following- arroto in favor of the appear Charles D. Phulcz lx+. rh I• sP Dozillaa The follc!sing an-m tred in opponiticns Idzotot la+. & Nro, Philip 14el-t;aod ItYr'.SOPS lUk D = a0ld: It appeared at the hearing that the lot involved ha, apprc�atoly t era the Stato ifighway and ran to a depth of 4651 and contained aplaroximtely I sere o£ land. It further appeared that there existed two buildings on the propct7; one building that is presantly weed for a restaurant and a residence, and the other w[iieh exists soma 100a to the rear of the restaurant was the existing barn which is the subject of this hear- ing. It further appeared upon examination of the plot plan that under the provisions of the local, b763Aw that it would be impossible to sub -divide the lanai in question., even thMh the entire parool in question contalml 1. acro of lead. It further appoared that the only portion of the existing restatuant that is used for residential purposes is two tr=LU rooms an the second floor., The Board felt that there,imre conditions existing on t.Ss particular parcel of land that did not cndat in genoral in this zoned area.. and the Board found that there would exist a substantial hardship to the potitioaers were they not able to proceed wclth their request. " The Board aleo found that the intent of the zoning by-law would be substantially adhered to and in arriving at this decision, the Board co:.siderod beat the existing learn s.as to ho utilized.- The plans which were presented at the hearing were carefully reviewacd 1}. the Board, and the Board foumd that the buMding would be In kceping with early Anerieeia b.ild- Ing•with excellent taste and design ad in complete confkam ty vith the tyro of buil(Uanga Vat, m dot in this um, . The Board also found after considering the ai-mo of the land involved that the public good would not be adversely affected by a favoraD o decision, Tl%rc:rora th3 var Imes is granted and''vo authorize a variance to allow alterations and additions to'tho existing barn to be used as a residence in accordance with the plan: sub- mitted ivi this appal. on the following conditions, via: that the. main building will no longer be used for res- idential purposes, go permit issued until 15 days from date of derision. FI. STGAM HYDIE., Acting Gle k The following appeared in opposition: Mr. and Mrs. Philip Lockwood - letter fleason'for Decision: It appeared at the hearing that the lot involved had approximately 781 on the State Highway and ran to a depth of 4651 and contained approximately 1 acre of land. It further appeared that there existed two buildings on the property; one building that is presently used for a restaurant and a residence, and the other which exists some 1001 to the rear of the restaurant was the existing barn which is the subject of this hearing. It further appeared upon examina- tion of the plot plan that under the provisions of the local by-law that it would be impossible to sub -divide the laid in question, even though the entire parcel in question contained 1 acre of land. It further appeared that the only portion of the existing restaurant that is used for residential purposes is two small rooms on the second .,r floor. The Board felt that there were conditions existing on this particular parcel of land that did nA.t exist in general in this zoned area, and the Board found that there would exist a substantial hardship to the petitioners were they not able to proceed with their request. The Board also found that the intent of the zoningby-law would be substantially adhered to and in arriving at this decision, the Board considered that the existing barn was to be utilized. The plans which were presented at the hearing 1. were carefully reviewed by the Board, and the Board found that the building would be in keeping with early American building with excellent taste and design and in complete conformity with the type of buildings that exist in this zone. The Board also found after considering the size of the land involved that the public good wouldinot be adversely affected by a favorable decision. 1 r 11> TOWN OF YARMOUTH BOARD OF APPEALS No. DECISION This is an appeal from decision of Selectmen refusing permit to; or Pctk+ oo for approval of: -413 Zfe - G )q- I DO/F-s The Petitioner requested permit to.,.-fZCW. V. e&- 22 . ......... �� Jj!�//�� ........... 7srefused because ................................................................................................................................................. contraryto the zoning bylaws, in that ....................... ............................................................................... ............................ 1.7 ............................................... ......................................................... .................... Members of Board of Appeals present: Present ZZ - Absent ge L It appearing that notice of said hearing has b /en"given y sending notice thereof to the Petitioner and all those owners of property deemed by the Board to be affected thereby, and tbatpublic noyce of such hearing having been given by publication in the Cape Cod Standard Times an ............ .............................................................. 0 the hearing was opened and held on the date first above written. The following appeared in favor of the Petition: Appeal: The following appeared in opposition to the Petition: appeaX Reason for Decision: �• ' �' f/RA of B912 VOL1i1g: J Y✓,.w" •�' fi/ffii •1+d^ir%4'�+f�iD� .. .L6D /r Therefore, the Petition for Approval is granted. Appeal A,. and we authorize a variance to ... ^� ,. ,. ..VIt P ......G✓�.$, Go � 'r..ir �......%�. / Glkzor......... { .. ..):.. ........................ V .......................................................................................... v...................................... on the following conditions, viz• At'. � �....�rt ��•t........................................................................................................... ......................................................:.....................................................................................................I .No permit issued until IS days from date of decision. :. ...... 4. TOWN OF YARMOUTH BOARD OF APPEALS DECISION December 5'.1957 No...4p....................... /aG- This is an appeal from decision of $rFdcin�tt__.. Building Inspector refusing permit tdr� Castenzio & Dorothea Fiorezizh a _ _.. Pei 1�33t�'3�p 33a?� allow an addition to existing building on Route 6A, The Petitioner requested permit to............................................................................................................ Yarmouthport (The Cranberry Goose). This addition has ��........................................................................................I.................T......... insufficient set -back on the side line. _.........................................................................................................................................................::. contraryto the zoning bylaws, Nqa...................................................................................................... .............................................................................................................................................................. Members of Board of Appeals present: j Present 236 Albert Webb (Acting Chairman) Paul ::tebber Stuart Ryder Alexander Catto Kenneth H. Studley Edward A. Rich, Jr. It appearing that notice of said hearing has been given by sending notice thereof to the Petitioner and all those owners of property deemed by"tle Board to be affected. thereby, and that pNovepuubblic public notice of s ch hearing having been given by publication in the Cape Cod Standard Times on ......................................................... .............................................................. the hearing was opened and held on the date fast above written. The following appeared in favor of the' Mkoee Mn Fiorenza Appeal: ?Ir. Wentworth The following appeared in opposition to the MVb= Appeal: A letter in opposition from Mr. Kopf Reason for Decision: le The addition trill follow no closer to the side line than the existing building, 2, This variance will not be a substantial detriment to the neighborhood. 3. To meet State requirements in regard to sanitation this addition is necessary. Members of Board Voting: Al Webb Paul Webber Alexander Catto (unanimously in favor) Stuart Ryder Kenneth H. Studley i Therefore, the it di i?r pcis granted, Appeal is deaiedyx allow an addition to existing building on Route Us Ypt. and we authorize a variance to.............................................................................................................. (The Cranberry Goose) ............................................................................................................................................................ ...................................................................................................... on the following conditions, viz: That the plans submitted shall be adhered to. ...................................................................................................... No permit issued until 15 days from date of decision. .................................................................... Clerk TOWN OF YARMOUTH December 5, 1957 BOARD OF APPEALS No................................. DECISION This is an appeal from decision of KERM Building Inspector refusing permit to: Castenzi'o & Dorothea Fiorenza 3 allow an addition to existing building on Route 6A, .The Petitioner requested permitto........................................................•..................•................................ Yarmouthport (The Cranberry Goose). This addition has ...•..................•...............•.•.•.•..•...........................•.•....... I....................R........ insufficient set —back on the side line. . .................................... :......................................................................... .............................................. contraryto the zoning bylaws,NRMR= ..................................................................................................... Members of Board of Appeals present: Present Max Albert Webb (Acting Chairman) Paul Webber Stuart Ryder Alexander Catto Kenneth H. Studley Edward A. Rich, Jr. It appearing that notice of said hearing has been given by sending notice thereof to the Petitioner and all those owners of property deemed by the Board to be affected thereby, and that public notice of such hearing having been given b November 22.... .. .1957 gi y publication in the Cape Cod Standard Times on ................................................... ................................. I.............................. the hearing was opened and held on the date first above written. The following appeared in favor of the MAkeec Ms Fiorenza Appeal: Mr. Wentworth The following appeared in opposition to the lC Appeal; A letter in opposition from Mr. Kopf Reason for Decision: 1. The addition will follow no closer to the side line than the existing building. 2. This variance will not be a substantial detriment to the neighborhood. 3. To meet State requirements in regard to sanitation this addition is necessary. Members of Board Voting: Al Webb Paul Webber Alexander Catto (Unanimously in favor) Stuart Ryder Kenneth H. Studley Therefore, the granted, Appeal is and we authorize a variance to ....... ...... all .. .. . .. .. ow an addition to existing . building ...... on Route ...... 6A., Ypt. .......................................................................... (The Cranberry Goose) ................................................ .,......................................................................................... :................ ............. ................................................................. ...................... .......................... I ...... I ....... :.............. on the following conditions, viz: That the plans submitted shall be adhered to. ........................................................................................................................................................:... ...................................................................................................................................:........................ No permit issued until 15 days from date of decision. Clerk Bk 20671 Ps323. 4128 01-20-2006 r9 02n17n TOWN OF YARMOUTH BOARD OF APPEALS DECISION r,2 FILED WITH TOWN CLERK: December 28, 2005 PETITION NO. #3999 HEARING DATE: DecemberAA.2005 43 Hallet Street Real Estate Trust, Marietta Hickey, Trustee dba Abbicci Restaurant PROPERTY: 43 Route 6A, 112.31 Map and Parcel-jie3 Zoning District: R40 MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, John Richards, Diane Moudouris, Steven DeYoung and Debra Martin. i It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board 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 petitioner requests a Special Permit per bylaw §104.3.2 (3) & (4), and §301, in order to be permitted to expand an existing non -conforming building and its use. The existing building is non -conforming as to several setback and area requirements, and the use is non -conforming in the residential zone, and the existing parking lot is non -conforming to current commercial parking requirements. The site has the benefit of several prior decisions, not affected by the current proposed modifications. The petitioner has filed revised plans with the Board. The final plans, considered by the Board are: 1) BSC Group -Site Plan, dated October 6, 2005, with revisions through December 15, 2005, 2) Floor Plans (Sheet Al) And Building Elevation drawings (Sheet A2) by Cotuit Bay Design both dated December 19, 2005. The proposed modification, as shown on said plans, will add a new entry way, containing handicapped accessible bathrooms, to the west side of the building, square off several segments of the middle section of the building, and adding a southerly facing dormer to the second floor of the existing front building segment. The petitioner will also be installing a new foundation under the main building section, which will raise the height of the buildings ridge by 12-14" above the existing elevation. The petitioner proposes to reconfigure the seating for the first floor of the restaurant, and add an 18 seat function room to the second floor of the main building. The second floor function room will not be used for regular restaurant customer seating, but will be limited to pre -arranged group functions. In this manner, the petitioner represents that the parking lot will remain adequate, without expansion, since groups of this sort (business meetings, wedding rehearsal dinner, etc) tend to come at off peak dinner hours and tend to car-pool. The petitioner represents that she has been operating the present restaurant business using valet parking since 1981. The petitioner has a prescribed business plan, based upon reservation and anticipated seating needs, which has proven to be effective in anticipating and dealing with customer parking. Valet's are able to utilize the existing lot for customer parking needs, and the petitioner's employees park off -site at one of two prearranged sites. While her seating capacity of the restaurant will be increased from 75 to 96, 18 of them will be restricted to the function seating. These will be used for mid -week business meetings, and other events, which, in the petitionefs experience, tend to be scheduled for times and days which do not coincide with her peak dining hours. The petitioner has received near unanimous support from her residential neighbors for the existing and proposed operation. One neighbor expressed an ongoing objection to the tall pole mounted lights in the parking lot. The petitioner represents that they belong to the electric utility company, but that she will investigate their replacement with lower and more appropriate light fixtures. The Board finds that there are special features of this business operation which justify some relaxation of the parking lot requirements, including the undesirability of over building the parking lot in this residential neighborhood, and the alternative arraignments which the current operation has developed The Board also finds that the physical renovation and additions will not be substantially more detrimental to the neighborhood, if operated as represented and anticipated by the petitioner. Therefore, a motion was made by Mrs. Moudouris, seconded by Mr. Richards, to grant the Special Permit, under §104.32 (3) & (4) and §301, forthe alterations and extension of the non -conforming building and use, without an upgrade of the parking lot to current requirements, on the following conditions: 1) The exterior stairway on the easterly side of the building, is to be used for an emergency exit only, and not for regular customer access, 2) The second floor is to be used only as a function room, as requested, limited to pre -arranged group event seating, and not for general restaurant customers or overflow seating, 3) The present parking system shall be maintained, including off -site employee parking and valet customer v parking, so as to maintain all customer parking on site within the designated parking areas, 4) This Special Permit (for the use expansion and from the parking lot requirements) is limited to this a business and this applicant. Should the business or ownership change, the matter will have to be reviewed by the Board in order to determine whether the transfer of the Special Permit would continue to fulfill the Boards expectations as to the lack of adverse impact and suitability of the parking . arrangements. On this motion, the members voted unanimously in favor, and the Special Permit is therefore granted. 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 use thereof has not begun within 24 months. (See bylaw § 103.2.5, MGL c40A §9) David S. Reid, Clerk 2 Bk 29001 Pw123 *32631 07-09-2015 & 02e50P FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION June 3, 2015 4597 May 28, 2015 Trevi Restaurant Group, Co., d/b/a Primavera PROPERTY: 43 Route 6A, YarmouthPort, MA Map & Lot#: 0112.31; Zoning District: R-40 Book/Page: 23697/ 67 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Debra Martin, Richard Neitz and Bryant Palmer. 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 Register, the hearing opened and held on the date stated above. The Petitioner seeks the Board's review and transfer of Special Permit No. 3999-2005, previously granted to Marietta Hickey, Trustee of 43 Hallett Street Real Estate Trust, d/b/a Abbicci Restaurant and of 4244-2009, approving the transfer from the 43 Hallett Street Real Estate Trust to J. Ford O'Connor, Trustee of Willow Realty Trust. Petitioner also seeks to remove Condition 2 of Decision 3999-2005, Special Permit No. 3999-2005 addressed various extensions and additions in connection with the former Abbicci's Restaurant which necessitated relief from the alteration and extension of the non- conforming building and utilized by the Restaurant and the use in a residential zone. The Special Permit was granted, with conditions, by unanimous vote of the members of the Board then sitting. The present Petitioner, Trevi Restaurant Group, Co., d/b1a Primavera, intends to enter into a lease for the operation of the building and intends to proceed with the use of the premises in a substantially similar matter as the Abbicci Restaurant, i.e. to continue its operation as a dinning establishment. The applicant explained that the restaurant will utilize off premises parking for employees, and valet parking as required in Condition No. 3 of Special Permit 3999-2005. The new restaurant will have a change of menu, samples of which were submitted to the Board to evidence the similar nature of higher -end dining. Petitioner indicated that Conditions 1, 3 and 4 were all satisfactory and agreed to be bound by them. However, petitioner requested that Condition 2 be removed as the parking calculations included the second floor seating, which petitioner had hoped to use for overflow seating should the first floor seating be full. Bk 29001 P9124 #32631 No correspondence was received. One nearby resident spoke in favor of the project, and no one spoke in opposition to the Petition. The Board determined that the transfer of Special Permit No. 3999-2005, with the removal of Condition 2 therein, and Special Permit No. 4244-2009 will result in a continuation of the Board's expectations as to the lack of adverse impact of the new restaurant to the neighborhood and the suitability of the Petitioner's parking requirements. Accordingly, a Motion was made by Ms. Martin, seconded by Mr. Palmer, to approve the transfer of #3999-2005 and Special Permit No. 4244-2009 to the present Petitioner on the following conditions: 1. That the present Petitioner is to be subject to the terms and conditions of Special Permit #3999-2005, with the exception of Condition 2 therein which is hereby removed, and Special Permit No. 4244-2009; and 2. The Special Permit is allowed to be transferred to this Petitioner and its anticipated restaurant operation. Should the business operation not proceed as per the Petitioner's representations or if ownership should change, the matter will have to be reviewed further by the Board consistent with the prior approval. On this Motion, the members voted unanimously in favor and the transfer is therefore granted. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall he 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 eYoung, C an Bk 29001 Pg125 #32631 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUT 4 BOARD OF APPEALS Appeal #4597 Date: June 24, 2015 Certificate of Granting of a Special Permit (General Laws Chapter 40A, section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Current Owner J. Ford O'Connor, Trustee of Willow Realty Trust Petitioner: Trevi Restaurant Group, Co., d/b/a Primavera 43 Route 6A, YarmouthPort, MA Affecting the rights of the owner with respect to land or buildings at: 43 Route 6A, YarmouthPort. Zoning District: R-40; Map & Lot#: 0112.31; Book/Page: 23697/67 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 or applicant that General Laws, Chapter 40A, Section 11 (last 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 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. �e Steven De g, Chairman Elk 29001 Pg126 #32631 °F ` TOWN OF YARMOUTH Town 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk 9a.,. Telephone (508) 398-2231 Ext.1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III, 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 #4597 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. BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register Bk 23697.Pg63 426234 05-13-2O09 & 12%46P TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: Apri13, 2009 PETITION NO: #4244 HEARING DATE: March 26, 2009 YARMOUTH TOV''N' ,....FRK In', ,yR -3 P1 3. 13 RECDENL-D PETITIONER: Marietta B. Hickey, Trustee of 43 Hallet Street Real Estate Trust, r By: J. Ford O'Connor, Trustee of Willow Realty Trust 4 PROPERTY: 43 Route 6A, Yarmouthport Map & Parcel: 0112.31 Zoning District: R40 Deed Book & Page #: 6367190 MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Diane Moudouris, Joseph Sarnosky, Debra Martin, Robert Howard, Bryant Palmer, Alternate 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 Register, the hearing opened and held on the date stated above. The Petitioner seeks the Board's review and transfer of Special Permit No. 3999-2005, previously granted to Marietta Hickey, Trustee of 43 Hallet Street Real Estate Trust, d/b/a Abbicci Restaurant. Special Permit No. 3999-2005 addressed various extensions and additions in connection with the former Abbicci's Restaurant which necessitated relief for the alteration and extension of the non- conforming building and utilized by the Restaurant and the use in a residential zone. The Special Permit was granted, with conditions, by unanimous vote of the Members of the Board then sitting. The present Petitioner, J. Ford O'Connor, as Trustee of the Willow Realty Trust, represented that he and his wife are intending to proceed with the use of the premises in a substantially similar matter as the Abbicci Restaurant, i.e. to continue its operation as a dining establishment. He notes that, in proceeding with his efforts at due diligence, he became aware of Condition No. 4 to Special Permit No. 3999-2005 which limited the approval to the then applicant and her business only. The Petitioner described the restaurant that would replace Abbicei's to utilize off premises, valet parking as required by Condition No. 3 of the existing Special Permit, though he noted that the valet would be parking the vehicles at a location different than that utilized by Abbicci. The parking plan will continue to utilize off -site employee parking and valet customer parking as previously approved by this Board. 4 Bk 23697 Pq 64 #26234 The Petitioner represented the new operation to have a change of menu to what was described as "American Contemporary" but that no other changes were expected. The Petitioner advised that he was fully familiar with the Conditions Nos. t — 4 and the terms of Special Permit No. 3999- 2005 and agreed to be bound thereby. No correspondence was received and no one spoke in favor of or in opposition to the Petition. It should be noted, however, that Special Permit 3999-2005 received near unanimous support from the residential neighbors and the Board feels confident this Petitioner will be equally as well received. The Board determined that the transfer of Special Permit No. 3999-2005 to the present Petitioner will result in a continuation of the Board's expectations as to the lack of adverse impact of the new restaurant to the neighborhood and the suitability of the Petitioner's parking arrangements. Therefore, a motion was made by Ms. Martin, seconded by Ms. Moudouris to approve the transfer of Special Permit No. 3999-2005 to the present Petitioner on the following conditions: 1. That the present Petitioner is to be subject to the terns and conditions of the said Special Permit; and, 2. The Special Permit is allowed to be transferred to this Petitioner and his anticipated restaurant operation. Should the business operation not proceed as per the Petitioner's representations or if ownership should change, the matter will have to be reviewed further by the Board consistent with the prior approval. On this motion, the members voted unanimously in favor and the transfer of the Special Permit is therefore granted. 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, Chairman 2 Bk 23697 Pg 65 #26234 Appeal#4244 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: . April 24, 2009 Certificate of Granting of a Special Permit (General Laws Chapter 40A, section 11) The Board of Appeals of the Town of Yarmouth Massachusetts, hereby certifies that a Special Permit has been granted to: L Ford O'Connor, Trustee of the Willow Realty Trust 6 MacArthur Blvd. Bourne, MA 02532 Affecting the rights of the owner with respect to land or buildings at: 43 Route 6A, Yarmouthport. Zoning District: R40; Map & Lot#: 0112.31; Registry of Deeds Book & Page: 6367190 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 that 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 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 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, Chai Bk 23697 Pg 66 #26234 °' TOWN OF YARMOUTH Town = 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk 0a.,, Telephone (508) 398-2231 Ext. 285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK I, Jane E. Hibbert, 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 #4244 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. BARNSTABLE REGISTRY OF DEEDS