HomeMy WebLinkAbout5047 40 Whites Path Decision Certified 08.30.23FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
August 30, 2023
5047
August 24, 2023
Safelite Auto Glass Corporation
Kevin M. Sylver and Donald W. Sylver
Trustees of KMS Land Trust
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PROPERTY: 40 Whites Path, South Yarmouth, MA
Map & Lot: 97.16
Zoning District: B-1 and Aquifer Protection District
Title: Book 13606, Page 118
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick Martin,
Jay Fraprie, John Mantoni, and Barbara Murphy (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
Cape Cod Times, the hearing opened and held on the date stated above.
Safelite Auto Glass Corporation (Petitioner) is seeking to re -use recently vacated tenant space in the
building at the Property for use as an L5 Other Auto Services use (vehicle glass repair, replacement
and recalibration facility). Although the immediately prior use of the tenant space was also for an L5
Other Auto Services use (Specialty Truck and Auto retail store), the Building Commissioner, as
Zoning Enforcement Officer, determined that a Special Permit is required. The Petitioner requested a
Special Permit under Section 104.3.2(4) of the Zoning Bylaw to change and alter a pre-existing
nonconforming use as outlined herein.
The Petitioner was represented by Andrew Singer, Esquire, of Law Office of Singer & Singer, LLC;
James Berthel of Safelite Auto Glass Corporation; and Kevin Sylver, Property Owner. No members
of the public appeared either in favor or in opposition to the Petition,
The Board discussed the relief requested, including environmental protection, parking, and
landscaping, and made the following findings:
1. The request is for use only, and there will be no change in zoning use category from
the immediately prior use;
2. The Health Department has reviewed the proposal in connection with the Aquifer
Protection District (APD) requirements and has issued a Determination of Non -
Applicability in accordance with Section 406.5.1.1 of the Zoning Bylaw authorizing
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the proposed use;
3. The proposed re -use of the recently vacated 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. The proposed use will be less intense than the prior use, and the Property will not be
more detrimental, let alone substantially more detrimental, with the proposal;
6. No changes are proposed to the exterior of the building;
7. There will be no site changes, except as conditioned by the Board below;
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.
Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Martin, to grant a Special Permit,
with the following conditions: 1) The parking spaces at the front of the building shall not be re -
striped; and 2) Two 3-inch caliper trees shall be planted at the front of the Property, one on each side
of the entrance walkway.
The members voted 5-0 as follows with Ms. Murphy present as an Alternate: Steven DeYoung: Aye;
Sean Igoe: Aye; Dick Martin: Aye; Jay Fraprie: Aye; John Manton: Aye; Barbara Murphy
(Alternate): 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)
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 #5047 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 } C W
SEP 2 0 2023 . A TRUE COPY ATTEST;
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COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5047 Date: September 20, 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: Safelite Auto Glass Corporation
PROPERTY OWNER: Kevin M. Sylver and Donald W. Sylver, Trustees of KMS Land Trust
Affecting the rights of the owner with respect to land or buildings at: 40 Whites Path, South Yarmouth, MA;
Map & Lot: 97.16; Zoning District: B-1 and Aquifer Protection District; Title: Book 136061 Page 118 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.
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Steven DeYoung, Chairman
A TRUE COPY ATTEST
SEP 2 0 2023