HomeMy WebLinkAbout5173 228 Route 28 Decision Recorded'aR lOUTH [5NN CLERK RE Bk 3713655 Ps-248 �26&�B
MAY S'25 F :2l AJ7--07--�-202'-� a 12 � 44v
0, TOWN OF YARMOUTH
BOARD OF APPEALS
10 - H.= DECISION
yc�RAO 4 R AS E9
FILED WITH TOWN CLERK: May 5, 2025
PETITION NO: 5173
HEARING DATE: April 24, 2025
PETITIONER: Michelle Jean Baptiste dba Cape Bloom Floral Design
PROPERTY OWNER: A Plus Real Estate, LLC
PROPERTY: 228 Route 28, West Yarmouth, MA
Map & Parcel: 37.148
Zoning District: B2
Book 34148, Page 87
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie,
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 as stated above.
The petitioner is Michelle Jean Baptiste dba Cape Bloom Floral Design. The petitioner is
requesting permission to sell plants at the property located at 228 Route 28, West Yarmouth for
three months, from May 1, 2025 through July 31, 2025. The petitioner will be a tenant at the
property. The property was previously the site of a restaurant. The property is located in the B-2
zoning district and is currently improved with the concrete slab for the former building and a
large, paved parking field.
The request is to sell plants within a temporary, chain -link fenced area with gate as shown on the
submitted Site Plan prepared by BSC Group, dated May 14, 2024. Twenty-eight (28) of the
existing parking spaces will be re -used by the proposal. Hours of operation will be 9:00 a.m. to
6:00 p.m., seven (7) days per week. No other changes are proposed for the site in connection
with this temporary use.
The proposal requires Variance relief from the Board of Appeals because a) it is not a farmer's
market which is defined as selling "predominantly local fresh food and produce" and b) because
although otherwise permitted by right in the B2 zoning district, Section 202.5, Footnote 2 of the
A TRUE COPY ATTEST,
C CMC / TOWN CLERK
MAY -)9 gn9c
Yarmouth Zoning Bylaw requires the bulk of display and sales to be conducted within a
building. There is no longer a building on the property.
The petitioner sources plants from Connecticut and has been looking for a suitable place to sell
them locally. Outdoor display and sales of living plants is appropriate for a permitted H 1 garden
supplies use, and the previously developed, but currently vacant property is a unique site that
lends itself to the proposed temporary use. Not allowing otherwise permitted plant sales to be
displayed and conducted outside will result in a substantial hardship to the petitioner in not being
able to sell plants from a site generally permitted for such use under zoning.
The Board asked questions about hours of operations, how plants will be transported to the site,
and how plants will be watered and stored. There was discussion about extending the temporary
use through September 2025, protecting workers from the elements with a temporary 10' x 20'
tent, and locating a portable toilet on the site.
Based on the above and testimony received at the public hearing, the Board found that a literal
enforcement of the Zoning Bylaw would involve substantial financial or practical hardship to the
petitioner, that the hardship is owing to circumstances relating to the soil conditions, shape or
topography of such land or structures and especially affecting such land or structures, but not
affecting generally the zoning district, and that desirable relief may be granted without
substantial detriment to the public good and without nullifying or substantially derogating from
the intent or purpose of the Zoning Bylaw.
Accordingly, a motion was made by Mr. Fraprie, seconded by Ms. Murphy, to grant a Variance
from the provisions of Section 202.5, Footnote 2 of the Yarmouth Zoning Bylaw and M.G.L.
Chapter 40A, Section 10, to allow temporary use of the property to sell plants as shown on the
submitted plan and with the following conditions:
1. This use is granted from May 1, 2025 through September 30, 2025;
2. Hours of operation shall be 9:00 a.m. to 6:00 p.m., seven (7) days per week;
3. Water tanks shall be locked when plants are not being watered; and
4. Portable toilet shall be located near the rear of the fenced area and parking.
The members voted as follows: Mr. Martin -AYE; Mr. Fraprie-AYE; Mr. Mantoni-AYE; Ms.
Murphy -AYE; Chairman Igoe -AYE. The motion was voted 5-0 in favor. Therefore, the Variance
with the stated conditions 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, a
Variance shall lapse if the rights authorized herein are not exercised within 12 months. (See MGL
c40A § 10)
Sean Igoe, Chairman
A TRUE COPY ATTEST'
• 0 I �%`it��
2 i CMC I TOWN CLERK
MAY 2 9 2025
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 #5173 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
MAY 2 9 2025
A TRUE COPY ATTEST
3 CMMO rCMC I TOWN CLERK
MAY 2 9 2025
YAK COMMONWEALTH OF MASSACHUSETTS
�{0 TOWN OF YARMOUTH
A BOARD OF APPEALS
/�01. milofwslo &
Petition #: 5173 Date: May 27, 2025
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:
PETITIONER: Michelle Jean Baptiste dba Cape Bloom Floral Design
PROPERTY OWNER: A Plus Real Estate, LLC
Affecting the rights of the owner with respect to land or buildings at: 228 Route 28, West Yarmouth, MA;
Map & Parcel: 37.148; Zoning District: 132; Book 34148, Page 87 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, Chairman
3ARNSTABLE REGISTRY OF %MS
Sohn F. Meade, ROPW
A TRUE COPY ATTEST
�W• WA4&V1Atf
CIS ' 1 MC I TOWN CLERK
MAY 2 9 2025