HomeMy WebLinkAboutDecision 4603l3k 29034 P9152 *35565
.07-24-2015 of 12:48P
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
June 29, 2015
4603
June 25, 2015
Emily L. Burbank and Roslyn D. Burbank, Trustees of
Fishwhiskers Realty Trust
PROPERTY: 173 Route 6A, Yarmouth Port, MA
Map & Lot#: 0122/120
Zoning District: B1
Book /Page: 27321/ 248
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Debra Martin,
Chuck Hart and Bryant Palmer.
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 Register, the hearing opened and held on the date stated above.
The Petitioner seeks to amend a condition of Special Permit #3740, issued to the prior owner of
the property in 2002. The Property is located in the B1 Zoning District and is improved with a
principal structure, being a two story building housing the Petitioner's business known as Happy
Fish Bakery on the first floor, and a second floor apartment. The site also contains a
bam/storage building located on the back lot line. This second structure was the goal of Special
Permit #3740, and it was constructed to replace 2 smaller garages or outbuildings which were in
poor shape. This Board found that the new barn would be better positioned away from
neighboring properties, would be more pleasing to the eye, and would help with traffic flow for
the business. In addition, better drainage was installed and a new Title 5 Septic System was
installed.
The Board noted that the well -written Decision #3740 included a number of conditions, most of
which were reasonably related to the relief granted. However, Condition 48, establishing the
closing time of the then business's operation to 5:00 p.m., seemed incongruous with the rest of
the conditions.
In September of 2014, Happy Fish Bakery opened to the public, featuring coffee, breads, pastries and
croissants. The business is currently just walk in, without seating. However, this fall, the business
will offer seating for 17 patrons. The 5:00 p.m. closing time which was in effect for the prior
furniture and interior designing business, is no longer workable with the current business model.
Many patrons come out of work and cannot get to the bakery before 5:00 p.m.. In addition, the
Petitioner has been experimenting with pizza, and would like to provide the opportunity to be open
later than 5:00 p.m. The Board acknowledged that there are a number of businesses which are
located within walking distance of this property, which are open past 5:00 p.m., many of which are in
the retail food industry.
The Board was satisfied and agreed that the expansion of the hours of operation from its present
5:00 p.m. to 9:00 p.m. would create no undue nuisance, hazard or congestion and that there will
be no substantial harm to the established or future character of the neighborhood or town, and
that a Modification of Decision #3740 was warranted.
After due consideration, a Motion was made by Mr. Palmer, seconded by Mr. Hart, to approve a
modification to Condition #8 in Decision #3740 to now read that the business's hours of
operation shall end by 9:00 p.m., as requested. The members voted unanimously in favor of the
Motion. The relief is therefore granted.
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)
Steven DeYoung, NrArman