HomeMy WebLinkAbout5047 40 Whites Path Decision RecordedBk 36002 Pg23 #37870
FILED 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 KNIS Land Trust
PROPERTY: 40 Whites Path, South Yarmouth, MA
Map & Lot: 97.16
Zoning District: B-1 and Aquifer Protection District
Title: Book 13606, Page IIS
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick Martin,
Jny 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 heating 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, detennined that a Special Permit is required. The Petitioner requested a
Special Pennit under Section h 04.3.2(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 envirorunental protection, parking, and
landscaping, and made the following findings:
1. The request is for use oiAy, 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 Detennination of Non -
Applicability in accordance with Section 406.5.1.1 of the Zoning Bylaw authorizing
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Bk 36002 Pg24 #37870
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 Yannoudi;
4. The Property will not be more nonconforming, let alone substantially more
nonconforming, with the proposal;
S. The proposed use will be less intense than the prior use, and the Property will not be
snore 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 BoaM 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 Propety, 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 Mantoni: 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 e40A
§9)
Steven DeYoung, Chainnan
CERTIFICATION OF TOWN CLERIC
1, Mary A. Maslowski, Town Clerk, Town of Yannouth, 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.
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Mary A. Maslowski PAC,
SEP 2 0 2023 . A TRUE COPY ATTEST
JOHN F. MEADE, REGISTER &^"4
BARNSTABLE COUNTY REGISTRY OF DEEDS WU63yV
RECEIVED 6 RECORDED ELECTRONICALLY 3