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HomeMy WebLinkAbout5152 4 Summer St Certified 02.21.25'ARMOUTH TOWN CLERK RE FEB 21125 AM 10:22 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: PROPERTY LOCATION: TOWN OF YARMOUTH BOARD OF APPEALS DECISION February 21, 2025 5152 January 9, 2025 Michael and Helen Cassels dba The Inn at Cape Cod LLC The Inn at Cape Cod LLC 4 Summer Street, Yarmouth Port, MA Map 122, Parcel 93 Zoning District: R-40 Book 21416 Page 145 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie, John Mantoni, 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 Michael and Helen Cassels, dba The Inn at Cape Cod LLC, with respect to property located at 4 Summer Street, Yarmouth Port, Massachusetts, which property is located in an R-40 zoning district. The petitioner seeks to modify Decision #4063, dated August 16, 2006, and. or a Special Permit per § 104.3.2 #4, to increase the number of guest rooms at the inn. In 2006, the Cassels had purchased the inn, which was licensed for 9 rooms, with the goal of reinstating 3 previous guest rooms at a later date. In 2024, a new septic system was installed to handle all the rooms. Guest parking faces the parking lot of the Old Yarmouth Inn restaurant. The inn property is large enough to add more parking, if necessary. No one spoke in favor or in opposition to the petition. The Board agreed that the petitioner's request was reasonable and the history of the inn supports the increase in the number of guest rooms from 9 to 12. The requested relief can be granted A TRUE COPY ATTEST: LU4i�- AWJXL44 CMC 1 TOWN CLERK MAR .1.4 2025 without causing any substantial detriment to the public good and without a substantial derogation from the overall intent of the Zoning Bylaw. A motion was made by Mr. Fraprie and seconded by Mr. Martin to: 1) allow a waiver from the requirement for a certified siteiplot plan less than two years old; and 2) modify Decision #4063, dated August 16, 2006, to increase the number of guest rooms from the existing nine (9) rooms to twelve (12) rooms with the condition of compliance with any applicable Building Codes and Board of Health Regulations. The members voted unanimously (5-0) in favor of the motion. 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 c40A §9). Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not exercised within 12 months. (See MGL c40A § 10). 1� i�;� Sean Igoe, Chairman 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 #5152 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. I Mary A. Maslowski, CMMC, CMC MAR 14 2025 A TRUE COPY ATTEST: W�U- �- W�vd& -1 C.MMO YCMC I TOWN CLERK MAR 14 2025 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5152 Date: March 14, 2025 Certificate of Grantinu 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: Michael and Helen Cassels dba The Inn at Cape Cod LLC PROPERTY OWNER: The Inn at Cape Cod LLC Affecting the rights of the owner with respect to land or buildings at: 4 Summer Street, Yarmouth Port, MA; Map 122, Parcel 93; Zoning District: R-40; Book 21416 Page 145 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. SF� Sean Igoe, Chairman A TRUE COPY ATTEST C CMC / TOWN CLERK MAR 14 2025