HomeMy WebLinkAbout5031 212 Mid-Tech Dr Amended Application and Request for Continuance 06.20.23LAW OFFICE OF JOHN W. KENNEY
A"IFOR\ F:]' AT I.A\N'
1550 FA1.]I01 Tll ROAD, St HT 12
('FNITR1'11.I.F, 12:155;%(:lit 511I TS 02632
P I I ON F: 568-771-9300
YAX: 548-775-6029
John W. Kenney, Esquire
Email: jf In 'U�V� ke5L.c0m
Via Email: dfallon@yamouth.ma.us
June 20, 2023
Chairman Steven DeYoung and Members of
Zoning Board of Appeals
1146 Route 28
S. Yarmouth, MA 02664
Re: Appeal #5031
JDB 212 Mid -Tech Drive, LLC
186-212 Mid -Tech Drive, S. Yarmouth
Dear Chairman DeYoung and Members of the Board:
Patrick R. Nickerson, Esquire
Email: palrick i'k�kes .com
RECEIVED
Eju
N 2- - --0 2023
-1
YARMOUTH
BOARD OF APPEALS
Please allow this letter to serve as a request for a continuance of the hearing scheduled
for June 22, 2023. In the advertisement, I failed to include a request for a required
Special Permit under Section 406.5 of the Zoning Bylaw. I have submitted an Amended
Application to the Zoning office and requested that the matter be readvertised.
Therefore, I respectfully request that a continuance be allowed.
Your attention and assistance in this matter is appreciated.
Very truly yours,
C
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':J n W. Kenney, Esrq.
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RECEIVED
~y JUN 2 0 2023
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AMENDED ZONING BOARD OF APPEALS HEARING APPLICATION (Appeal Information)
Appealg: 5031
Hearing Date: June 22, 2023 Fee $: 200
Applicant is the (check one): Owner X Tenant Prospective Buyer Other Interested Party
.Applicant (fall names, including d/bla): JDB 212 Mid -Tech Drive, LLC
Address: 231 Willow Street, Yarmouthport, MA 02675
Phone: 508-375-0005
Email: Ibilezikian flturtlerock.corn
This application relates to the property located at:
186-212 Mid -Tech Drive, W. Yarmouth, MA 02664
Shown on the Assessor's Map as:
• Map 4 84
e Parcel #: 12
e Zoning District: B-31APD
Property located on un-constructed (paper) street? Provide nearest cross street name or other identifying location:
No.
Project Summary (this information is used for the Legal Notice in the newspaper): Applicant socks permissidn to
(e.g., add a 10' by 15' deck to the front of our house). Demolish existing structure and parking lot, redevelop prope
to construct 11,360 s . foot contractor bay building wit 1 unds, par inq spaces, new s ormw
RELIEF REQUESTED. The applicant seeks the following relief fi.oin the Zonin Board fA �S
licant seeks special permits to (a) establish a condominium form of owners lip 104. A RcrI 4.4.2 (b) construct the
of building 301.2 (c) waive requirement
.0 iOrl "MMi r � 1tG - a raze ana re face a nonconforming structure
^REVERSE BUILDING INSPECTOR OR ZONING ADMINISTRATOR DECISION (include a copy of this
decision with this application). What is the decision date?. ---
The reason for reversal and the ruling you request the Board to make;
X SPECIAL PERMIT tinder Yarmouth Zoning By-law Section: 01.4.9 and 104.3.2.3
and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202,5: contractors yard (non -hazardous) in
the Aquifer Protection District- Section 406.5
X VARIANCE from the Yarmouth Zoning By-law, Specify all sections of the by-law fi-otn which relief is requested,
and, as to each section, specify the relief sought:
Section & Relief smtght: See attached list.
Section & Relief sou
Section & Relief sought
ADDITIONAL INFORMATION (which you feel should be included in your ,application):
The proiect has been reviewed by Design Review Committee and Site Plan Review.
.5
O y y
ZONING BOARD OF APPEALS HEARING APPLICATION (Property Information)
Name & Address of Current Property Owner (if other than applicant) as listed oil the Deed:
Title Deed Reference (provide a copy of most recent Deed):
• Book & Page #:
• or Certificate #: 219782
• Land Court Lot #: 3
• Plan #: 37737-D Sheet 1
Use Classification:
• Existing: Office Space
§202.5 #
Proposed: Contractor's Yard
§202.5 # D
Is the Property vacant?: Yes— No— If yes, ]low long has property been vacant? —
Lot Information
• Size/Area: 60,024 SF
• Plan Book & Page: —La nd Court ReRistry Plan 37737-D Sheet 1
• Lot #: 37 38 & 39
Is this Property within the Aquifer Protection Overlay District (APD)? Yes x No
[lave you completed a formal commercial site plan review (if needed)? Yes x No
Which other Boards and/or Town Departments are/have/will review this project'? What is the status of review?
Design Review Committee reviewed on August 2, 2022, Site Plan Review cn August 16, 2022,
15 this a repetitive Petition (re -application)? Yes_ No x
If required, do you have Planning Board Approval? Yes— No
Has this property been the subject of prior relief from the Zoning Board of Appeals? Yes No x
If yes, provide the datc(s), Appeal number(s), decision
` (s), and Daher pertinent informati—
on with this application.
Building Commissioner comments:
Applicant / Attorney / Agent Sig iaturc:
1
Property Owner Signature: I
Address: 231 Willow Street, Yarn u h Port, MA 02675
Phonc: 508-375-0005 Email: jbiiezikian@turtlerock.com
Building Commissioner Signature:
Date:
JDB 212 MID -TECH DRIVE, LLC
List of Variances
186-212 Mid -Tech Drive
West Yarmouth, MA 02673
Section 301.4.1 -- Waive the requirement that parking areas be located at the side and/or rear of
the principal structure.
Section 301.4A — Waive the requirement that existing trees of at least 4" caliper within
prescribed buffers be retained in parking areas for five (5) or more cars
Section 301.4.6 — Waive the requirement that the lot contain at least one (1) tree of 3" (three
inch) caliper or larger per eight (8) cars be located within the parking area and
dispersed throughout the parking area for parking lots for twenty (20) or more
cars.
Section 301.4.9 — Waive the requirement that all lots in the B-3 District which shall contain a
business use retain existing trees of at least 4" caliper within prescribed
buffers.