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HomeMy WebLinkAbout5098 358 Route 6A Decision RecordedFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY LOCATION: Btu 364 51 F a 13o _W26073 07- 02-2024 a 01 = 35D TOWN OF YARMOUTH BOARD OF APPEALS DECISION June 3, 2024 5098 April 25, 2024 Neill H. Bohlin and Jamie G. Bohlin 358 Route 6A, Yarmouth Port, MA Map 123, Parcel 26 Zoning District: R-40 Title: Book 30172, Page 61 MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni, Barbara Murphy, and Anthony Panebianco 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 Neill and Jamie Bohiin seeking relief with respect to property located at 358 Route 6A, Yarmouth Port, Massachusetts, which property is located in a R-40 zoning district. The petitioner received a violation notice, dated February 8, 2024, from the Deputy Building Commissioner, about the property being used as an office rental business in a residential district without the required relief from the Zoning Board of Appeals. Subsequently, the petitioner sought a Special Permit for 1-4 use to allow office space rental in a residential district or to modify an existing Variance to change use from gift shop to office space rental. At the March 28, 2024 hearing, the Board had concerns about parking, overuse of a site in a residential zone, and a property with a history of violating the Board's decisions. The Board requested more information about how the office space rental business would be operated. The hearing was continued to April 25, 2024. At the April 25, 2024 hearing, the petitioner testified that: • The relief requested is for the two offices and the meeting space. The two offices would house the only two businesses that call this location their main office or headquarters. The petitioner is one of the two businesses. Any others using the office space would be pre -scheduled, managed& a calendar, and under an agreement with the petitioner. No walk-ins are all pnffice space. _._ Bk 36451 Pg131 #26073 0 YAK COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH =_ BOARD OF APPEALS _ == MATFAEHEESE 9 lryCOPORATV3 b9 Petition #: 5098 Date: June 24, 2024 Certificate of Granting of a Variance (General Laws Chapter 40A, Section 10) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: Neill H. Bohlin and Jamie G. Bohlin Affecting the rights of the owner with respect to land or buildings at: 358 Route 6A, Yarmouth Port, MA; Map 123, Parcel 26; Zoning District: R-40; Title: Book 30172, Page 61 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance, 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 Variance, 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 NN i 2024 Bk 36451 Pg132 #26073 • There is adequate parking for the proposed office space rental use. On average, there are 2-7 cars per day at the site. • The property and the office space is owner -occupied in order to manage and control who is using the office space. • The petitioner has been running the office space rental business for six years and relies on this income to help pay the mortgage. Several abutters sent letters or spoke in support of the petition. The Board agreed that the office space rental use has a lower impact than the original Variance granted for a gift shop back in 1963 (Decision #626). Vice Chair Igoe informed the petitioner that if a new Variance for office space rental use in a residential district is granted, the new Variance would replace the old Variance for a gift shop. The old Variance for retail would no longer exist. A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to approve a Variance for office space rental use with the two offices, one meeting room and the open meeting area between the two offices to be used by the tenants renting the office space. On a voice vote (5-0), the motion with the stated conditions was approved. A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to withdraw the request for a Special Permit, without prejudice. 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 must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Variance shall lapse if a substantial use thereof has not begun within 12 months. (See MGL c40A § 10) s Sean Igoe, Vice Chair 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 #5098 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 BARgSTABl.E REG187IRY OF DUN Seha F. Meade, Regis