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Home My WebLink About5069 961 Route 28 Previous Decisions 4532 3609 and Variance 11.28.1972Doc : 1 s 2S1 v 480 08-06--2014 11 : SO BARNSTABLE LAND COURT REGISTRY N O T N O T o >i F r r N TOWN OF YARMOUTA c I A L fidARD OF AMAIS COPY DECISION COPY N 0 T A N FILED WITH TOWN OLMM: bufy f4, 2014 C O P Y PETITION NO: 44532 N O T A N O F F I C I A L C O P Y HEARING DATE: June 26, 2014 PETITIONER: Nghia H. Huynh PROPERTY: 961 Route 28, South Yarmouth Map & Lot#: 0042.46; Zoning District: B-2 Dec. #:1,241,992; Ctf #:202873 MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Chuck Hart, Bryant Palmer and Gerald Garnick, 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 Register, the hearing opened and held on the date stated above. The Petitioner is Nghia H. Huynh, d/b/a Brentwood Motor Inn, who seeks relief pursuant to property located at 498 Route 28, West Yarmouth, in a B-2 Zoning District, pursuant to By-law §404.4 The Petitioner seeks relief pursuant to By-law § 404.4. Under 404.4, the Petitioner seeks approval of a year-round on -site residence for a property manager for the purpose of managing, maintaining and securing the property. This is permitted by Special Permit subject to the following: 1 • For Hotels or Motels with less than 100 guest units, one on -site property manager may be allowed. For Hotels or Motels with 100 or more guest units, two on -site property managers may be allowed. In addition, one owner occupied unit may be allowed per property, if the unit meets all the operational criteria outlined for On -Site Property Managers. 2. Immediate family members of the on -site manager are allowed to reside in the on -site managers unit, depending on the size of the unit. 3. On -site property manager unit shall be a minimum of 300 square feet (sD of gross floor area for up to 2 persons per unit. An additional 70 of gross floor area is required for each additional person. Each property manager unit shall include a kitchen or kitchenette with refrigerator/freezer combination, microwave and stove (cooktop/oven combination) with hood. 4. On -site property manager units shall meet the definition of a dwelling unit per the building code and all other applicable codes. N 0 T N 0 T A N A N O F F I C I A L O F F I C I A L S. Creation 67aQivk11f'ng unit or renovations w9ula hRvdYto comply with the current edition of the Existing Building Code. Applicant to provide the Building CommissiokleetQ Orrative from a registered chip ITofessional indicating which level of alteration Ibe)qhave designed the project unckr.N 6. On-6itPptppqrt,7C InageUnit shall tgget�ell�thetBLarq ogHtalth and State of Massacht�setj rp+tions regarding buildiV a5d pryodes, health codes, water supply and wastewater disposal. Accordingly, on Motion made by Mr. Hart and seconded by Mr. Garrick the Board voted unanimously to grant the Special Permit prayed for by the Petition and with the following condition: Special Permit: §404.4.3: Manager's apartment as shown on drawing provided by Petitioner in the structure between Room #129 and the office. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. 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, MCL c40A §9) Steven DeYoung, rman D01:1804,473 06-28--2000 3,S1 BfiRNSTABLE LF040 COURT REGISIRY NTYFp COMMONWEALTH SFr MASSACHUSETTS A N A N F F I C I A L TOWN o0FFYARMQK]TH C o P Y BOARD OF ARPEALS N O T N O T Appeal #3609 A N A N Date: June 27, 2000 O F F I C I A L O F F I C I A L CdA&te of Granfing,Qf ec6l $e&it (General Laws Chapter 40A, Section l 1) The Board of Appeals of the Town of Yanmuth Massachusetts hereby certifies that a Special Permit had been granted I it Address: 283 Weymouth Street City or Town: HolbrooL MA 0Z343-1228 a ri <Z� affecting the rights of the owner with respect to land or buildings at: 961 Route 28, South Yarmouth. Assessor's Map: 42 Parcel: 46 (361T7), Zoning Distrlet: B1 ry 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 Perrnit, and that copies of said decision, and of all x plans referred to in the decision, have been filed with the Planning Board and the Town Clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section I 1 (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 fdod or that, if such appeal has been filed, that v 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 t 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. David Reid, Chaim= CERTIFICATE-S.PD .� P 1 J t G VA".M- / G 7 F 9 f' GtJ Wo TOWN OF YARMOUTH BOARD OF APPEALS N 0 T DECISION N 0 T A N A N F F I C I A L O F F I C I A L C O P Y C O P Y FILED WITH TOWN CLKP,# June 6, 2000 NAONT O F F I C I A L O F F I C I A L PETITION NO: C 0 NF 6? C 0 P Y, r HEARING DATE: May 25, 2000 PETITIONER: Siddharth Siddharth, Trustee dba Brentwood Motor Inn PROPERTY: 961 Route 28, South Yarmouth Map: 42, Parcel: 46 (36IT7) Zoning District: B1 MEMBERS PRESENT AND VOTING: David Reid, Chairman, James Robertson, John Richards, Joseph Sarnosky, Diane Moudouris, Robert Reed, Alternate. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner seeks a Special Permit under §104.3.2, in order to remove and replace an existing second floor deck near the front of their pre-existing non -conforming motel, and to add a 250 square foot second floor addition, which will contain additional office space. No change or extension of the use is proposed. The proposed deck will be an extension of the existing deck across the front of the building. It will be accessible via an exterior stairway, which will not be available to the public or to customers of the motel. The deck is shown on the petitioners plans filed with this Board, dated October 30, 1999, with revisions through March 23, 2000. The proposed office addition would be located above the existing motel office, and would be accessible only from said deck. The petitioner represents that the existing first floor office and lobby area are inadequate for their existing business and customer needs. The petitioner represents that the proposed additions would not be more non -conforming than the existing building. The petitioners suggests that since the proposed additions will remain within the existing footprint of the building, there should be a presumption that they will not be substantially more detrimental. Concerns were expressed by members of the Board, and by the Site Plan Review Team, that there presently exists a large storage area on the second floor of the existing building also adjoining the existing deck. The petitioners, through his attorney, assured the Board that this existing second floor area is used only for storage and not for any customer or guest activities, and that no change of use of this area is currently proposed. This area is not currently licensed for functions or other uses. The petitioner acknowledges that any such change of use would require "W N O T N O T additional approvals from this Ward, and perhaps from the Roind of Selectmen and the Board of Health, dependingoDrEthg natu(p of tie apse propose. gI¢wWeC rT Webs use of the second floor area, nor of the deck, i!Cpreppw4 that this time, except Cforop�oqing a means of access to the new office area on the second floor. They propose no use of the deck by any customers or guests at this time. In response tp c@ne�rns of the Board, the petijoier agreed that the exterior stairway up to the new deck and ofte gfea will be gated and secured jp cider to prevent unauthorized use. O F F I C I A L O F F I C I A L A concern was also e6pr(5sspd�n the Site Plan Review degor� that the wooden fence and landscaping in front of the motel, along Route 28, has not been maintain adequately. The petitioner agreed to repair or replace this fence and raintain the landscaping as part of these renovations. The Board finds that the Special Permit may be granted, provided the representations as to the use of the deck and office area are enforced. The deck and railing, having no activate use, will serve primarily as an architectural feature of the building. The new office area appears to be a necessary and reasonable expansion of the building, which will not increase the use. The existing first floor lobby and office area "I remain in use. No additional units will be added. Should any further use of the deck the proposed, additional relief will be required from this Board, and may be required from other authorities. Accordingly a motion was made by Mr. Richards, seconded by Mr. Sarnosky, to grant the Special Permit as requested, and as represented, on the condition that the petitioner repair/replace and maintain the Route 28 fence and plantings, and on the condition that the exterior stairway to the deck be gaited and locked and accessible only to employees of the rnotel. The members voted unanimously in favor of this motion. The Special Permit is therefore granted. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from th, is ion shalt be made pursuant to MGL cAOA §17 and must be filed within 20 days after frl' of this notice/decision with the Town Clerk. David S. Reid, Clerk -2- a i 4 i N 0 T N 0 T O F A F I C 0 N C P I Y A L O F A F I C 0 N C P I Y A L N 0 T N 0 T p LL""A�� 1N�I 7 77�� ii�� A N rQ C�AMFWWi-I-CM OF MASA6USM76 O F F I C I A L Towip of YAMWO,rH C O P Y o t al TOWN BOARD OF APPEALS j NOV 2 81972 ........I ............ ........ . ..... ........................ 19 72 NOTICE OF VARIANCE Conditional or Limited Variance or Speew. Permit (General 14r+ Chapter 40A, Sattion IS a aalendad) Notice is hereby given that a Conditional or Limited Variance or Spec]a] Permit has, been granted .................................. ...................... .............................. .................... .ter w hliliw Address......9 G1...A.uie...,Z.�,...$gu.t h.. Yarmo�; City or Torn,.....-. Soutl�..Xarmou.th,..Vasa.......................................... ...... .. ....................................................................................I...................................................... 16selilr Laaa Aaat1W 961 Rt;e_,.8,,,,_So. Yarmouth,- Mass.;., Assessors map 36-T7 . ............. by the Towu of.-Yprinoti Ch..- ..................................Qosrd of Appeals affecting the rights of the owner with respect to the use of premises on 961.„�te;,,18.,._,South Yarmouth,,., Massachusetts v tlic record title standing in the name of aN r..a JOSEPH I. CHILLI ..................................................................... Whose address is...9b-1...B.ou.te...29.,...sauth..Yattuout-h,.hfassaclusBtis .................. Sum Cx1 ar T-W Wan by a deed duly recorded in the... Barnsta.hle..............Counts' lUfgGYtlf �YXOrI(g 7i,y}H{, � .... ••...... ...Registry District of the land Court Certificate Na.... �. 3 .— �4...................Book .......... Doc. No. Wes-}e J7f 13P The decision of said Board is on file aids the papers in Decision or Casc No...1.1. exxx in the office of the Town Clerk... .. o...Yaratoatth .......................... Certified this ..... ..... .-day of .......................... .. . .. ..72 �..........19 hloatd of AnimalaLl-1 . .e f - IH*%WA u...t,x..Ei[i f Cb.r. M I .........................Chairmon ltaar M aa..a M awh .......................................19........ at— ...... ... oclocl; and ............ .................... mim,tes ....M, Received uld entered with die Register of Deeds in The County of ................................... ... Book........................ Page .... .................. _ AztEsr ................................. Regist.er of Deeds.... Notice to be recorded by Land Owner. FORM 1004 H04a 0 WAnaaN, INC., wanaae cwanu uaiaaa