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Home My WebLink About5114 50 Long Pond Dr Decision Certified 07.10.24MOUTH Tile CLERK RE JUL 10124 Am10:57 b C �RPO RASES �3,i FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: PROPERTY LOCATION: TOWN OF YARMOL;TH BOARD OF APPEALS DECISION July 10, 2024 5114 June 13, 2024 Cape & Islands Golf Carts, LLC Dumont MA Properties LLC 50 Long Pond Drive, South Yarmouth, MA Map 42, Parcel 33.1 Zoning District: B2 Title: Book 32746, Page 10 MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick 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 Times, the hearing opened and held on the date stated above. The petitioner is Bill Crean, Cape & Islands Golf Carts, LLC, who seeks a Special Permit per §202.5 to allow H-4 use at property located at 50 Long Pond Drive, South Yarmouth, Massachusetts. This property is located in the B2 zoning district. Mr. Crean intends to engage in the sale and/or lease of electric -powered bicycles and electric - powered recreational motor vehicles (i.e., golf carts) at this location, which requires a Special Permit within the B2 zoning district. Representing the property owner. landlord at the hearing was Cecelia Carey, a real estate broker for Carey Commercial Inc. Ms. Carey testified that the Unit C tenant would have exclusive use of two designated areas: l) 20 feet in front of Unit C with 4 parking spaces; and 2) 50 feet to the easterly side of Unit C with 4 parking spaces. However, the golf carts are not the same dimensions as the parking spaces. The business is a new venture for Mr. Crean. He has not yet signed a lease, but testified that he signed a letter of intent to lease Unit C at 50 Long Pond Drive. Unit C has approximately 2,000 square feet of space, a concrete floor, and double doors wide enough to transfer the vehicles into and out of the unit. A TRUE COPY ATTEST: YVAO. A44&X44 l;! NW. 1 CMV 1-fUVVN %'jL- .i :'kt JUL 2 t ?m Mr. Crean did not know what his expected sales would be, but testified that he expected sales to be brisk. He did not have a floor plan to show how many electric vehicles would be inside the building. Mr. Crean plans to display some vehicles in front of Unit C and some vehicles within Unit C. The vehicles would be charged from a standard wall outlet in the unit. There would not be an electric vehicle charging station. Mr. Martin noted that the building at 50 Long Pond Drive was constructed at a time when trees would have been required. The Site Plan, dated February 18, 1986, shows a planting area, but the property is missing trees in the front and missing in -lot trees in the parking lot. The Board agreed that the landscape buffers should be upgraded. The Board also had concerns about the lack of detailed information, such as a plan indicating the tenant's space in the building, the areas exclusive to the tenant, the number and location of the vehicles on display, and the number and location of vehicles stored outside overnight. The Board discussed granting a Special Permit, including a condition that the petitioner provide more information. Depending on the information received, the petitioner may need to return to the Board. After further discussion and deliberation, the Board agreed to grant a Special Permit for H-4 use with the following conditions: 1. The Special Permit will not issue until the Zoning Board of Appeals is satisfied with a Site Plan that shows: a. where trees are or will be planted (i.e., 3 trees along Long Pond Drive, 5 trees within the parking lot as originally required) b, where the petitioner's business is located in the building c. the exclusive use area for this business, including the dedicated parking spaces d. where the vehicles will be displayed during business hours e. where the vehicles will be stored overnight 2. Hours of operation: 8am-9pm 3. During the hours of operation, no more than 6 vehicles will be displayed in front of the petitioner's store (11nit C). All other vehicles parked outside of the building will be parked behind the front corner of the building_ 4. Outside the hours of operation, all vehicles parked outside the building will be parked behind the front corner of the building. A motion was made by Mr. Fraprie, which was seconded by Mr. Mantoni, to grant the Special Permit with the stated conditions. On a voice vote (5-0), the motion was approved. 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 triust 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) Sean Igoe, Vice Chair A TRUE COPY ATTEST. Fko;�,a WW&W44 L:1v1 ,1L, f GNip I fUVvN ;:LW1;K JUL 31 2024 CERTIFICATION OF TOWN CLERK 1, 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 #5114 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. Fk44e. fi4&M*4hf - Mary A. Maslowski, CMC I �k 9 C JUL 31 z0A A TRUE COPY ATTEST. JUL 3 1 2924 DgY�4 A\ COMMONWEALTH OF MASSACHUSETTS f 0%TOWN OF YARMOUTH G� . yy) BOARD OF APPEALS 5� MATTACNK. r. + _ sq • �RPORAT b - Petition #: 5114 Date: July 31, 2024 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: Cape & Islands Golf Carts, LLC PROPERTY OWNER: Dumont MA Properties LLC Affecting the rights of the owner with respect to land or buildings at: 50 Long Pond Drive, South Yarmouth, MA; Map 42, Parcel 33.1; Zoning District: B2; Title: Book 32746, Page 10 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 1 I (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. Sean Igoe, Vice Chair A T!FUE COPY ATTEST: JUL 3 1 ;