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HomeMy WebLinkAbout5119 Sailing Village Way Decision Certified 07.12.24IRMOUTH TOWN CLERIC RE JUL 12124 pm2:25 TOWN OF YARMOUTH BOARD OF APPEALS DECISION 9 �� APaflATEO,.by' FILED WITH TOWN CLERK: July 12, 2024 PETITION NO: 5119 HEARING DATE: July 11, 2024 PETITIONER: Alyson L. Taubert, Trustee of the Allan L. Priddy Marital Trust I Realty Trust PROPERTY: Sailing Village Way, South Yarmouth, MA Map 51, Parcel 81 Zoning District: RS40 Title: Book 15346, Page 283 MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Neitz, Dick Martin, 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 seeks a Special Permit pursuant to Zoning Bylaw § 104.3.2 to allow for the razing and replacing of a wooden Outboard Rigging Building and the expansion of an F4 use and., -'or modification of prior decisions of the Zoning Board of Appeals to permit the proposed structure. The property is the current location of Ship Shops, Inc., a full service marina, located on the Bass River, just minutes from Cape Cod Bay. They have been in operation since 1928 and the activities associated with boating predate the creation of the Yannouth zoning bylaw. They are an authorized dealer for Evinrude and Suzuki Marine Engines, conduct boat repairs and rentals, sells parts, and stores boats. The Ship Shops campus is located in the RS40 Zoning District, is a total of 121,201 square feet, with a total of 7 existing structures. The proposed use has been classified as F4 (Water Transportation) in the Yannouth Zoning Bylaw Section 202.5 Use Regulation Table. It is accessed by Sailing Village Way, which runs from Pleasant Street to the residential dwelling on site. The property has been the subject of numerous forms of relief, the first being 56 years ago. The majority of the structures are located on Lot 15B, which is the property to the east of Sailing Village Way, and that lot alone contains 63,631 square feet of area. The other lot, to the west, is lot 7B and consists of 57,570 square feet of area. As a whole, building coverage is currently at ..ATRUE COPY ATTEST. c%. Jklo l CMC 1 TOWN CL -RK AUG - 2 2024 10.5°}0, frontage of over 825 feet, and site coverage of 68.6%, utilizing the square footage of lot 15B only. The Petitioner meets or exceeds all setbacks and height limitations. The proposal is to raze the wooden Building #1 as shown on the Site Plan filed with the application, and known as the Marine Outrigging Building. That structure measures 57 feet by 28 feet, and is 15.1 feet in height. The building will be replaced with a new metal and concrete structure measuring 60 feet by 30 feet, an increase of approximately 200 square feet, and the height will increase to 22.8 feet. All setbacks will continue to be met, building coverage will increase from 10.50'o to 10.7%. and site coverage will increase to 68.9%. Overall, this will be a vast improvement over the existing building which does not really meet the needs of Ship Shops or the modern day boats on site. No abutters spoke in opposition to this project and one letter in support was submitted. The Board found that the petitioner has demonstrated the requirements of Zoning Bylaw Section 104.3.2(3) and (4), as the proposal to replace the existing structure and expand the pre-existing nonconforming use will not be substantially more detrimental nor cause undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. The Board also finds that strict enforcement of the current bylaws would result in undue hardship to the property or its owner. Accordingly, a motion was made by Mr. Martin, seconded by Mr. Neitz, to grant the Special Permit as requested, without conditions. The members voted as follows: Mr. Igoe AYE Mr. Martin AYE Mr. Mantoni AYE Ms. Murphy AYE Ms. Neitz 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 00A 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) tom+ Sean Igoe, Vice Chair A TRUE COPY ATTEST. I HMV I TOWN OLE-#.K AUG - 2 2024 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 #5119 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. �1. Mary A. Maslowski, CMC C v4 M C. AUG - 2 2024 RUE CO2Y ATTEST w4go PW&X&A61 I QMV I TUWN CLZ1'%K AUG - 2 2024 4COMMONWEALTH� OF MASSACHUSETTS ,`�TOWN OF YARMOUTH GH.f BOARD OF APPEALS r Petition #: 5119 Date: August 2, 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: Alyson L. Taubert, Trustee of the Allan L. Priddy Marital Trust I Realty Trust Affecting the rights of the owner with respect to land or buildings at: Sailing Village Way, South Yarmouth, MA; Map 51, Parcel 81; Zoning District: RS40; Title: Book 15346, Page 283 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. Sean Igoe, Vice Chair A TRUE COPY ATTEST; wu-*d. TudA� . AUG -- 2 2024