HomeMy WebLinkAboutTardif letter 3/18/25 LAW OFFICES OI MAR 21 2025
PAUL R. TARDIF, ESQ., P.C. __
BUILDING DE;ARTMENT
490 MAIN STREET
YARMOUTH PORT,MA 02675
(508)362-7799 (508)362-7199 fax
Paul R. Tare% Esq. Stacey A. Curley,Esq.
ptardif@tardiflaw.com www.tardiflaw.com scurley@tardiflaw.com
tardiflaw.com
REFER TO FILE NO.
March 18, 2025
VIA EMAIL AND FIRST CLASS MAIL
mgrylls@yarmouth.ma.us
Mark Grylls
Building Commissioner
Town of Yarmouth
1146 Route 28
South Yarmouth, MA 02664
Re: 92 Old Townhouse Road, South Yarmouth, MA
Dear Mr. Grylls:
Please be advised that this office represents Millway Marina, Inc., a Massachusetts
corporation with an address of 253 Millway, Barnstable MA 02630, and the potential purchaser
of the property at 92 Old Townhouse Road, South Yarmouth, MA (the "Property"). My client
has now entered into a contractual relationship with the current owners of the operation, namely
FMR Realty, LLC and Dry Dock Marine Corporation, for its purchase. In order to satisfy our
due diligence obligations, I am writing regarding the current and proposed uses to be made of the
Property by my client, should it proceed with the closing. Although we have had informal
discussions in the past regarding this issue, I did want to formalize our inquiry to clarify the path
going forward. I would offer you the following background information:
Since approximately 1976,the current owner of the Property has operated a boat repair and
service facility, and boat storage facility, first at the property at 447 Station Avenue, and since
approximately 2006, the Property. During this time, boat owners have been provided access
their vessels for boat repairs and maintenance while stored at the site. The Building Department
has consistently classified this use under Section 202.5 of the Yarmouth Zoning Bylaw as "F3"=
Trucking and Warehousing. The Property is located in the B3 Zoning District, and such uses are
permitted by right. The Property is also located in the APD Zoning District, which requires
either a Special Permit to operate or a Determination of Non-Applicability, signed by the
Building Commissioner and the Board of Health. Based on the inspection of the then-existing
property, and the current Property, both departments did indeed sign the Determination of Non-
Applicability, allowing the current operation to utilize the Property without the need for any
relief from the Permit Granting Authority.
My client intends to purchase the Property, along with the current improvements and facilities,
and to operate the business in much the same way as presently done, with the exception that boat
owners will not be permitted access to the property once their boat has been delivered to the site.
This change will render the use much less intensive, with less trips to the property, and risk of
contamination in the APD. In all other respects, there will be no changes to the operation of the
facility.
It is my belief that the proposed use will identical, and even less intensive, and in no way an
expansion or change of use. It is also my understanding that such a use will continue to be
permitted by right, and that any variation of present zoning would be considered pre-existing
non-conforming, and thus grandfathered.
I am hoping that you concur and will respond accordingly. I have also copied Jay Gardiner, with
whom I have also previously communicated about this issue. It is my opinion that other than
applying for a new Handling and Storage of Toxic or Hazardous Materials License, that my
client has no obligation to request approval from the Yarmouth Board of Health for any
quantities of materials, and that as long as my client maintains the same level of storage currently
being conducted at the Property, that my client may continue the use by right.
I look forward to your responses, and would request the same as soon as possible as our Due
iligence deadline is fast approaching. I thank you for your efforts.
ry os,
u R. T
Cc: Jay Gardn r(via email and first class mail)
George J. Hill, Jr. (via email)