HomeMy WebLinkAboutTardIf Letter 52223 LAW OFFICES OF MAY 24
PAUL R. TARDIF ESQ. P.C. 1013
�G ) BUILDING DE
BY .�
490 MAIN STREET " ----_ lUENT
YARMOUTH PORT,MA 02675
(508)362-7799 (508)362-7199 fax
Paul R. Tardif,Esq. Stacey A. Curley,Esq.
ptardif@,tardiflaw.com www.tardiflaw.com scurley@tardiflaw.com
REFER TO FILE NO.
May 22, 2023
Via email and First Class Mail
mgrylls!,yaiiliouth.ma.us
Mark Grylls
Building Commissioner
1146 Route 28
South Yarmouth, MA 02664
Re: 601 Route 28, West Yarmouth, MA
Assessor Map 32, Parcel 191
Current Owner: 601 Main Street, LLC
Zoning Districts: B2, HMOD1 and VC 1
Dear Mr. Grylls:
Please be advised that this office represents 601 Main Street, LLC (601), the owner of the
property at 601 Route 28, West Yarmouth, Massachusetts. (the "Property"). This property has
been operated for many years as a gasoline filling station, automobile repair shop, and a retail
convenience store, all branded with the "Mobil"moniker. Currently there is a pre-existing non-
conforming gasoline filling station, a 2,300 square foot building with two repair bays, and a
small convenience store at the property. There are four fueling pumps with an overhead steel
canopy north of the existing building facing Route 28.
According to the Yarmouth Zoning Bylaw Section 202.5, the pre-existing gasoline filling station
and automobile repair uses are not allowed uses in the B2 zoning district. Retail uses, however,
are permitted by right. My client would like to eliminate the automobile repair use, add an
approximately 1,300 square-foot addition, convert the existing 2,300 square-foot building
including the repair bays to retail to accommodate a total of 3,600 square foot for a convenience
store use, as well as site, landscape, and architectural improvements. The existing four
fueling pumps and overhead canopy would remain intact but not expand. The portion of the
property used as a general merchandise store would expand from its current approximate 1,950
square feet to 3,600 square feet. As this is an allowed use in the zoning district, it is our position
that no zoning relief is needed in this case. The changes to the building will continue to meet all
of the bulk requirements of the zoning district.
The gasoline filling station is not expanding at all and will remain static. Although these 2
distinct uses are operated on the same property, they are separate uses altogether. I believe that
that the expansion of an allowed use should be by right. I also believe that the structure being
expanded is not pre-existing nonconforming, and as such, an expansion of the same will not need
relief as long as the expansion will conform to the bulk requirements of the zoning bylaw, which
i a oes. I have attached an existing site plan and a proposed for your review. Your
dete ination on this matter is much appreciated.
Ve Tiil urs,
I
/ R. ' ar
Enc. p
Cc: Johnny Kayrouz, Manager