HomeMy WebLinkAbout4994 Evangelical Baptist Church Amended Decision Certified► 0
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
p'230f 4P►12:19 REC
October 4, 2023
4994
September 14, 2023 (Remand Hearing)
Evangelical Baptist Church of South Yarmouth, Inc.
10 Carter Road, 63 and 69 Pond Street, and 1240 Route
28, South Yarmouth, MA
Map 60, Parcels 101,102,103 and 104
Zoning District: B-2 and R40
Title: Book 1512, Page 517 and Book 2956, Page 226
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard
Martin, Jay Fraprie, John Mantoni, and Barbara Murphy
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 Tames, the remand hearing opened and held on the date stated above.
The Petitioner seeks a Special Permit pursuant to Yarmouth Zoning Bylaw § 104.3.5 and/or per
§202.5 to combine and redivide lots and create 3 improved and non -conforming lots in two zoning
districts. The Board issued a Special Permit on or about February 2, 2023- Such Permit was
appealed to the Barnstable Superior Court by an abutting property owner. This hearing is
conducted pursuant to an Order of Remand from the Barnstable Superior Court, in Civil
action 2372CV00067, wherein the Applicant seeks to modify the Board's Decision of
January 26, 2023 (which was appealed in that civil action), in order to facilitate a resolution
of the appeal from said decision with the appealing neighbor.
In considering this matter on remand, the Board incorporates findings from the previous hearing
and hereby recites the same for clarity.
The Property is located in the B-2 and R-40 Zoning Districts and is improved with 6 total structures
consisting of the Evangelical Baptist Church, the associated school, which used to house the
Trinity Christian Academy, a two-story house, a one car garage, and 2 sheds, plus paved parking
areas on either side of the church along Route 28. The property is comprised of 6 parcels, plus a
twenty -foot former Way from Pond Street, which is owned by the Petitioner. The entire complex
has frontage on Route 28 to the south, Carter Road to the West, and Pond Street to the east, and
A TRUE COPY ATTEST
Fw*al &dtx�
consists of a total of 67,930 square feet. The existing structures, with a building coverage of 13.2%,
comply with front and side yard setbacks. According to the Assessor Field Cards, the school and
the house were built in 1910, and the church in 1963.
The properties are divided into two different zoning districts, with the portion lying closest to Route 28
being in the B-2 zoning district, and the rear portion of the campus being in the R-40 zoning district. The
common zoning line actually runs through the rear half of the existing church, with the school and the
house structures being located fully within the R-40 zoning district. In the warmer months, the
congregation currently meets in the church for religious services. In the colder months, they meet in
the school to save on heating. Congregants also meet in the school 3 times each week, year-round,
for bible study. The school also houses the church administrative business. Trinity Christian Academy
operated in the school from 1967 through 2003. The house at 63 Pond Street is in some disrepair. Each
structure has its own septic system, although none have been tested recently, nor did they need to be as
there has been no change of ownership since 1979, when the applicant acquired most of the
properties.
The proposal is to combine and redivide the 6 parcels into 3 separate lots, with each lot having one
structure located thereon. The one car garage will be removed. The proposed Approval Not Required
Plan shows that Lot 1 A will contain the church building, and a parking lot. The zoning district line will
continue to run through the building. The majority of the lot will be located in the B-2 zoning district,
and will have 21,103 square feet of area, where 20,000 square feet is required in that zoning district.
Lot 2A will contain the school building, located in the R40 zoning district, but having 25,573
square feet. Finally, Lot 3A will be completely in the R-40 zoning district and contain the house, and
have 21,254 square feet of area.
One abutter had originally opposed the plan, expressing concerns in written correspondence and in
person that Lot 2A, containing the school and paved lot in the B-2 Zoning District, would ultimately
be used for business purposes. The Board explained that the zoning districts would dictate what uses
would be allowed on the lot, and that the Petitioner was not proposing, nor legally able, to rezone the
lot without approval at an annual Town Meeting. Although not expressed as relief from the Zoning
Board of Appeals, as it is not necessary for future uses of the property, it was the consensus of the
Board that the most likely use of the school would either be to continue its educational / religious
uses, or the lot would be used for residential purposes. Based on the conditions proposed to be
included in this Decision, the neighbor no longer opposes the relief requested.
Numerous letters in support from abutters were submitted and read into the record, each expressing that
the relief be granted, that the proposal would maintain the residential atmosphere, and that additional
housing could be created without an increase in traffic, noise or nuisance. Although the Board
questioned the configuration of the new lots and whether alternatives were considered, they agreed
that the applicant's proposed lot layout was within the applicant's sole discretion.
The Board then considered the request pursuant to Zoning Bylaw Section 104.3.5, the purpose of
which is to "provide for the orderly, efficient, and appropriate combination and/or re -division of
multiple non -conforming lots where there is insufficient land to permit the resulting lot(s) to comply
with the current dimensional requirements of the Bylaw" and to "accomplish maximum feasible
compliance with the intent and purpose of the current zoning bylaws where full compliance is not
possible but where development of the available land may otherwise be accompW''bMff0'tPY ATTEST:
L%%J 1 G �/j LUf3C�.ERK
substantially derogating from the intent and purposes of the bylaws." The Board found that the
petitioner was not increasing the number of non -conforming individually buildable lots over the
number of such lots as presently exist, that the combination or re -division did not increase any pre-
existing non -conformity nor create any new non -conformity as to any existing structure or use of the
lots involved or affected by the combination or re -division, that no new vacant non -conforming lots
were created, and that the resulting and affected lots as proposed would be consistent with the current
and future development of the neighborhood and zoning district, would not cause or substantially
contribute to any undue nuisance, hazard, or congestion in the neighborhood or zoning district, would
substantially promote the intent and purpose of the Bylaws currently in effect, and the entire
combination or redivision proposal would be consistent with the intent and purpose of Section 104.3.5.
The plan does show lots which are larger and more conforming than the lots previously laid out. Because
of the bisecting zoning district line, any future uses which are not allowed in the respective zoning
districts would need relief from the Board, which would also protect the abutters and the neighborhood
from any intrusion of business uses in the residential zone.
Accordingly, a motion was made by Mr. Igoe, seconded by Mr. Martin to grant the request for the
Special Permit, subject to the following conditions:
1. The newly created lots 2A and 3A shall each only be available for single-family residential use, and
permissible uses accessory thereto, or for educational and/or religious uses pursuant to General
Laws, Ch. 40A section 3; no other uses shall be allowed.
2. As a result of being created under the auspice of this Special Permit, Lots 2A and 3A have status as
legally pre-existing non -conforming lots.
3. Condition # 1 governs the use of the newly created lots; it does not preclude the existing structures
from being altered, extended, or razed and replaced provided such alteration, extension, or
replacement is authorized by a building permit or a special permit under Section 104.3.1 of the
Zoning Bylaw.
4. The relief granted is contingent upon the Applicant obtaining an endorsed plan depicting the new
lots and recording the plan at the Registry of Deeds.
5. This decision supersedes the Board's prior decision_
The members voted unanimously in favor of the motion.
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 A TRUE COPY ATTEST:
b��d. k4411VJ4
OCT 2 5 2023
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 #4994 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, CMC
OCT 2 5 2023
A TRUE COPY ATTEST.
C-%fliv CMC 1 TOWN CLERK
OCT 2 5 2023
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4994 Date: October 25, 2023
Certificate of Grantine 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:
Evangelical Baptist Church of South Yarmouth, Inc.
Affecting the rights of the owner with respect to land or buildings at: 10 Carter Road, 63 and 69 Pond Street,
and 1240 Route 28, South Yarmouth, MA; Map 60, Parcels 101, 102, 103, and 104; Zoning District: B-2
and R40; Title: Book 1512, Page 517 and Book 2956, Page 226 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.
zqj=-.. (��
Steven DeYoung, Chairman
�ATRUE COPY ATTEST
OCT 2 5 2023