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Home My WebLink About5179 1230 Route 28 Decision RecordedYARMOUTH TOWN CLERK RE JUL 28'25 Am9:34 Bk 37141 P0265 033671 08-21-2025 a 41a360 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION July 28, 2025 5179 June 26, 2025 Timothy Kelley SAMK Realty 1, LLC PROPERTY: 1230 Route 28, South Yarmouth, MA Map 60, Parcel 88 Zoning District: B-2 Title: Book 36044, Page 339 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, 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 stated above. The petitioner is Timothy Kelley, who is the owner of SAMK Realty 1, LLC, and appeared in connection with the property located at 1230 Route 28, South Yarmouth, Massachusetts, which property is located in a B-2 zoning district. The lot, which is located at the corner of Route 28 and Carter Road, contains —13,068 square feet of area. The petitioner seeks a Special Permit per § 104.3.2(3) andior §301 and/or a Variance from §203.5 and!or §301 for front and side setback relief and relief from buffer dimensions and plantings in order to raze and replace a nonconforming structure and reconfigure a nonconforming parking area. A setback of —20 feet is proposed where 30 feet is required on a comer lot in this zoning district. There is not enough parking in the front and the proposed parking extends three (3) feet into the rear buffer. The petitioner proposed to raze and replace the building on the existing foundation. A second story cannot be built on the existing foundation because the rear of the structure has no footing in the existing foundation. The proposal did not include any additional curb cuts, The petitioner did not request relief for and the plans submitted did not show the existing sl} rp& e,,A� the hearing, the petitioner provided an Existing Conditions Plan, revise( VI G'w1G The petitioner testified that his pool supply business will occupy the entire building and will contain a 600-square-foot retail space for selling pool supplies, a 900-square-foot office, and storage for the pool supply business. The petitioner proposed six (6) total parking spaces. Two of the spaces would be parallel parking in front of the building. One of the two employee parking spaces in the rear would also serve as a loading dock. At the hearing, one abutter asked about a potential sale and change of use of the property. The Board explained that any change of use would require a return to the Board for relief. The Board raised concerns about insufficient parking to support a single high -demand business or more than a single business on the property; the loading dock as a parking space; and customers driving down Carter Road to enter the business. After much discussion, the Board was in favor of redevelopment of the site, with conditions. Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Mantoni, to grant the Special Permit with the following conditions: 1) The grant of a Special Permit shall be restricted to a single business which comprises the entire floor plan and includes the proposed retail space, office, and storage for the pool supply business; 2) There shall be no subdividing or subleasing of the property; 3) The use shall be restricted to a pool supply business only; 4) Any change of use from that of a pool supply business shall require returning to the Board for further hearing and request for relief; and 5) If the shed in the rear of the property is retained, then the shed shall be renovated, and if the shed does not meet the requirements of the zoning bylaw as determined by the Building Department, then further relief shall be sought from the Board. The members voted as follows: Mr. Fraprie: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Chairman Igoe: AYE. The motion was voted 4-0 in favor. Therefore, the Special Permit with the stated conditions, was approved. A motion was made by Mr. Fraprie, seconded by Mr. Mantoni, to allow the petitioner to withdraw the request for a Variance, without prejudice. The members voted as follows: Mr. Fraprie: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Chairman Igoe: AYE. The motion was voted 4-0 in favor. The request to withdraw the Variance, without prejudice, 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, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw § 103.2.5, MGL c40A §9) Sean Igoe, Chairman ,TRUE COPY ATTEST* • W4?t � �� lLl t� Pi1!!UJ 1 CMC / TOWN CLERK ' : x 1.8 2025 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 #5179 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 AUG 18 2025 A UE COP' -ATTEST• } q%—J C I CMC 1 TOWI�PLERK } r 4'4 �pU��1'�8 2025 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH �tf BOARD OF APPEALS C�RPORAT�� b�'V v� Petition #: 5179 Date: August 18, 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: PETITIONER: Timothy Kelley PROPERTY OWNER: SAMK Realty 1, LLC Affecting the rights of the owner with respect to land or buildings at: 1230 Route 28, South Yarmouth, MA; Map 60, Parcel 88; Zoning District: B-2; Title: Book 36044, Page 339 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, Chairman BARNSTABLE REGISTRY OF DEEDS John E Meade, RegW A TRl6L-' t REST. /To r •C�ER 18 rrAG �,sl�