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HomeMy WebLinkAbout5047 40 Whites Path Summary of Reasoning Received 08.16.23Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Marian S. Rose Myer R. Singer (1938-2020) Yarmouth Board of Appeals RECEIVE© AUG 16 2023 YARMOUTH BOARD OF APPEALS SPECIAL PERMIT APPLICATION SUMMARY OF REASONING Tel: (508) 398-2221 Fax: (508) 398-1568 www.singer-law.com Petition # 5047 Safelight Auto Glass Corporation ["Applicant"] is proposing to re -use recently vacated tenant space ["Tenant Space"] in the building Iocated at 40 whites Path, South Yarmouth ["Property"], for an L5 Other Auto Services use (vehicle glass repair, replacement and recalibration facility). The Tenant Space is one-story in height and contains a total of 5,082 sq. ft. of area. The Property is located in the B 1 Zoning District and the Aquifer Protection District ["APD"] and is shown as Assessor's Map 97, Parcel 16. A proposed floor plan and photographs of the existing Building and Property have been submitted. Although the immediately prior use of the Tenant Space (only vacated within the last several weeks) was also for an L5 Other Auto Services use, the Building Commissioner as Zoning Enforcement Officer has determined that a special permit is required in accordance with Section 104.3.2(4) of the Yarmouth Zoning By -Law ["Zoning By -Law"] because of the change in tenant. The specific request is to change and alter a pre-existing nonconforming use. There is no proposal to expand the building itself. The request is for use only. The Board of Appeals is authorized to grant such special permit relief upon a finding that the proposal will not be substantially more nonconforming and will not be substantially more detrimental to the neighborhood, zoning district or Town. The Applicant respectfully submits that the proposal complies with the above special permit criteria and is worthy of approval because: 1. There will be no change in zoning use category from the immediately prior use (Specialty Truck & Auto); 2. The Health Department has reviewed the proposal in connection with the APD requirements and has issued a Determination of Non -Applicability in accordance with Section 406.5.1.1 of the Zoning By -Law authorizing the proposed use; 3. The proposed re -use of the Tenant Space for the same zoning use category and with the Health Department Determination will not harm the public drinking water supply in Yarmouth; 4. The Property will not be more nonconforming, let alone substantially more nonconforming, with the proposal; 5. Similarly, the Property will not be more detrimental, let alone substantially more detrimental, with the proposal; 6. The Building will not be expanded; 7. There will be no site changes; 8. There will be no change in building or site coverages; 9. Utilities service the Property and will remain; and 10. The proposal will not adversely affect the public health, safety, convenience or general welfare of the Town. For all of the above reasons, the Applicant respectfully requests that the Board of Appeals make findings that the proposal satisfies the special permit requirements set forth in the Zoning By -Law and grant a special permit to allow the Applicant to occupy the Tenant Space in the Building. 2