Loading...
HomeMy WebLinkAbout5140 811 Route 28 Decision RecordedFILED NVITH TOWN CLERK PETITION NO: HEARING DATE: PETITIONER: Bk 36887 Pg58 #11412 03-25--2025 @ 09:26a TOWN OF YARMOUTH BOARD OF APPEALS DECISION February ' 7, 2025 5140 January 23, 2025 (continued from October 24, 2024) Roseanna Nikolaidis and Charlambros Nikolaidis, Trustees of The Roseanna Nikolaidis 2022 Trust PROPERTY: 811 Route 28, South Yarmouth, MA Map 33, Parcel 72 Zoning District: B-2, HMOD-1 and VCOD-2 Title: Book 35190, Page 191 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Jay Fraprie, 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 per §414.3.3 and/or §414.7.7 for relief from the Yarmouth Architectural and Site Design Standards, Section 10, to allow the existing primary overhead electric service to remain connected to the utility pole on the side, then underground, in order to develop 8 one -bedroom apartments, to exceed the parking maximum, and to vary from the side setback buffer requirements to allow for a shared driveway with the westerly abutting lot. The property is located in the 13-2 Zoning District, as well as the Village Center Overlay District 2 and the HMOD-1 District. It is not located in the Aquifer Protection District. The property consists of 25,500 square feet, and is improved with a one story, single family dwelling constructed in approximately 1950, and the lot is first shown on a plan recorded in 1970. The property is across the street from the Wise Living Yarmouth Property, and shares a boundary on the west with present owner, Marie Caron, located at 807 Route 28 (the Caron Property), and a boundary of the east with the Captain Gladcliff Apartments. There is 105 feet of frontage along Route 28, and reaches back approximately 245 feet to the rear lot line. Almost the entire frontage is without a formal curb. The house is 161 feet from the Route 28 layout, 59 feet from the rear boundary, and is ten feet from the easterly side boundary. There is also a shed at the rear of the property. The existing building coverage is currently at 3,9%. A TRUE COPY ATTEST QVWY CMG / TOWN- CLERK MAR 2 0 2025 Bk 36887 Pg59 #11412 The proposal is to raze the house and the shed and to construct a two story multi -family structure, consisting of 8 units, each having 1 bedroom, in a townhouse style. The project is being sought through Zoning Bylaw Section 414, in the Village Centers Overlay District, which establishes 4 distinct overlay districts. This property is located in Village Center 2 according to the Yarmouth Zoning Map. Bylaw Section 414.1.1 which estab'ished and defined the 4 different villages in the Overlay District, dAfines the purpose of Village Center 2 as follows: "to encourage development acid redevelopment that focuses on residential uses with a mix of compatible, smaller commercial uses that will encourage people to live, work and shop in the distract to promote a walk -able, livable neighborhood." The proposal calls for the creation of a 24-foot wide curb cut, closing the cut on the easterly side of the property, and utilizing a shared access easement with the Caron Property, which easement has been reduced, in writing, and will be recorded in the Barnstable County Registry of Deeds. One infiltration system will be created in the front buffer of applicant's property, with another along the easterly side of the property, along the back of the proposed building. A rain garden is also proposed for the southeasterly corner of the property. The building itself, which will be built perpendicular to Route 28, will consist of 4 two-story units on the north, then a one-story laundry room and sprinkler control room, followed by another 4 two-story units on the south. Access to the units will be from the westerly side of the building. A walking path of pavers will allow residents access to the sidewalk on Route 28, to be constructed as part of this proposal, as will a new bicycle rack. Being in the B-2 Zoning District with the VCOD Overlay, the setbacks are as set forth in Zoning Bylaw Section 203.5, which requires a 30-foot front setback, 25 feet on the side, and 20 feet to the rear boundary. The new structure will be 31.9 feet from Route 28, 25.5 feet from the easterly side setback, 63.4 feet from the rear boundary, and 45.3 feet to the westerly side boundary. The height of the structure is 27.8 feet. Building coverage will be 17.5%, and the impervious coverage will be 60%, where a maximum of 80% is permitted. One of the 8 units being proposed will be deed restricted affordable. The project also meets the 30% tree canopy coverage requirement. The Board addressed each of the 3 requests for relief separately. Pursuant to the Zoning Bylaw Section 414.7, a minimum of 1 space per unit, and a maximum of 1.5 spaces per unit, is permitted. This project actually proposes 16 parking spaces, mostly for the reason that an increase in the parking from the maximum of 12 spaces to 16 spaces was prudent to accommodate young professional couples who will likely lease these 1-bedroom units, and who are likely to have 2 cars. 1t was also the Board's feeling that additional parking for guests would always be wise. Next, the Board discussed the overhead electrical lines to the property. The proposal is to maintain the electric power from the street, overhead to the first pole located on the property, and then move it underground from there. Section 10 of the Architectural and Site Design Standards require that utilities be underground. However, in this case, the wire is actually fed from a pole on the north side of Route 28, over the road, to this pole, located approximately 36 feet from A TRUE CO ATTEST. C, MO 1 CMC � wCLERK N QK Bk 36887 Pg60 #11412 Route 28, located on the applicant's easterly boundary, and which pole also serves power to the abutting property to the east. The applicant testified that initial estimate for the relocation of the electric and telecorrununications utilities under Route 28, would be $60,000.00, exclusive of the cost of the actual electrical service, the fees for Comcast and Verizon to perform this work, the cost of the actual utilities themselves, and the cost of running the underground utilities to the buildings. The Board determined that in this unique situation, such a cost would be too great a b!u-den for the applicant. Finally, the Board discussed the issue of the shared driveway, which would snake a vegetated buffer, of at least 20 feet in width, impossible due to the need for travel lanes of 24 foot and an area of parking for the Caron Property, as well as a driveway to a garage located in the rear of the abutting Caron Property. The Board was also concerned about safety issues, as a eorrunercial towing company operates from a property which abuts the Caron Property to the west. Marie Caron appeared at the hearing and testified that the garage in the rear of her property was to be used for the storage of antique automobiles and not for the storage of commercial vehicles. A fence has been erected on the common boundary between the Caron Property and the commercial venture to the west, making direct vehicle access impossible. The Caron Property is also improved with a building located near Route 28, which is intended to be converted to housing. Finally, she represented that no commercial activity would be conducted on her property, that other than employees, living on the property, who are on call and bring their tow vehicles home for the evening, there would be no permanent storage of large conuncrcial vehicles on site, and that vehicles being towed would not be stored on this property. She also agreed to permit the applicant to plant vegetation on the Caron Property, where feasible, to construct a substantial, albeit non -continuous, buffer on the common boundary. The Board determined that these representations would be satisfactory. No abutters spoke either in opposition or support of this project. The Board found that the petitioner has demonstrated the requirements of Zoning Bylaw Section 414, as the proposal would 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. Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Mantoni, to grant the Special Permit as requested, with the following conditions: 1. No commercial activity would be conducted on the Caron Property, as represented, that other than employees, living on the property, who are on call and bring their tow vehicles home for the evening, there would be no permanent storage of large commercial vehicles on the Caron Property, and that vehicles being towed would not be stored there either; 2. Applicant to submit a new Site Plan, with landscaping detail, showing the plantings to be made on the common boundary between the subject property and the Caron Property, and that planting would be made, where feasible; and A TRUE COPY ATTEST: I I TOWN CLERK MAR 2 0 2025 Bk 36887 Pg61 #11412 3. After one year fiom the issuance of a certificate of occupancy, Applicant shall appear before the Zoning Board of Appeals for a review to detennine compliance with this decision. The members voted as follows - Mr. Igoe AYE Mr. Martin AYE Mr. Mantoni AYE Ms. Murphy AYE Ms. Fraprie AYE The Petitioner then requested that the request for all other relief, including relief for multi -family housing in the VCOD-2 Zoning District, be withdrawn without prejudice. The Board voted unanimously to grant that withdrawal without prejudice. 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 MOL 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, MOL c40A §9) t''!5 4� • r 7 r 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 #5140 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, CMMC, CMC MAR ? 0 2£25 A TRUE COPY ATTEST TA4��a Fwb`ir�r / TOWN CLERK MAR 2 0 20 Bk 36887 Pg62 #11412 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5140 Date: March 20, 2025 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: Roseanna Nikolaidis and Charlambros Nikolaidis, Trustees of The Roseanna Nikolaidis 2022 Trust Affecting the rights of the owner with respect to land or buildings at: 811 Route 28, South Yarmouth, MA; Map 33, Parcel 72; Zoning District: B-2, HMOD-1 and VCOD-2; Title: Book 35190, Page 191 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 l l (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. Scan Igoe, Chairman A TRUE COPY ATTEST: BARNS" OURM ISTRY OF DEEDS RECEIVED C RECORDE�LECTRONICALLY