Loading...
HomeMy WebLinkAbout5025 43 Route 6A Decision Certified 06.14.23YARM0L1 IF H T0WN CLE K TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: June 14, 2023 PETITION NO: 5025 HEARING DATE: June 8, 2023 PETITIONER: Osteria Mota LLC d/b/a Leonessa PROPERTY OWNER: J. Ford O'Connor, Trustee of the Willow Realty Trust PROPERTY: 43 Route 6A, Yarmouth Port, MA Map 112, Parcel 31 Zoning District: R-40 Title: Book 23697, Page 67 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Fraprie, John Mantoni and Sean Igoe 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 Times, the hearing opened and held on the date stated above. The Petitioner, Osteria Mota LLC, d/b/a Leonessa, seeks the transfer of Special Permit No. 4726- 2018, previously granted to 43 Main, LLC, d/b/a Grill 43, approving the transfer of Special Permit No. 3999-2005, previously granted to Marietta Hickey of 43 Hallet Street Realty Trust, d/b/a Abbicci Restaurant, Special Permit No. 4244-2009, approving the transfer from the 43 Hallet Street Realty Trust to J. Ford O'Connor, Trustee of the Willow Realty Trust, and Special Permit No. 4597-2015, previously granted to Trevi Restaurant Group, Inc. d/b/a Primavera Restaurant. The Petitioner has entered into a lease for the operation of the building and is using the premises in a substantially similar manner to Grill 43, i.e., continuing its operation as a dining establishment. The Petitioner is familiar with and agreed to be bound by Condition No. 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), which incorporates Conditions 1, 3, and 4 of Special Permit 3999-2005, and Condition No. 2 of Special Permit 4726-2018. The Petitioner explained that the restaurant utilizes off -premises parking for employees and valet parking as required in Condition No. 3 of Special Permit 3999-2005. A TRUE COPY ATTEST: CW131 (;NjC; I kG`bVN CLEKK JUL 10 ?023 No correspondence was received, and no one spoke in favor of or against the Petition. The Board determined that the transfer of Special Permit No. 4726-2018 will result in a continuation of the Board's expectations as to the lack of adverse impact of the Petitioner's restaurant and the suitability of the Petitioner's parking requirements. Accordingly, a Motion was made by Mr. Igoe, seconded by Mr. Martin to approve the transfer of Special Permit No. 4726-2018 to the Petitioner on the following conditions: That the Petitioner is to be subject to the terms and conditions of Special Permit 4726- 2018; and 2. The Special Permit is allowed to be transferred to the present Petitioner and its restaurant operation. Should the business 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 prior approval. A roll call vote was taken with all members voting in favor of the motion with the Special Permit therefore being granted. Steven DeYoung - Aye Sean Igoe - Aye Dick Martin - Aye Jay Fraprie - Aye John Mantoni - Aye 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) OEM Steven DeYoung, Chairman CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, 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 #5025 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. Mary A. Maslowski JUL 10 2023 A TRUE COPY ATTEST: wq� COMMONWEALTH OF MASSACHUSETTS v �ro TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5025 Date: July 5, 2023 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: PETITIONER: Osteria Mota LLC d/b/a Leonessa PROPERTY OWNER: J. Ford O'Connor, Trustee of the Willow Realty Trust Affecting the rights of the owner with respect to land or buildings at: 43 Route 6A, Yarmouth Port, MA; Map 112, Parcel 31; Zoning District: R-40; Title: Book 23697, Page 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. Steven DeYoung, Chairman A TRUE COPY ATTEST