HomeMy WebLinkAboutDecision 4360Ili
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
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YARMOUTH TOWN CLEM
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FILED WITH TOWN CLERK: I' September 16, 2011 j
PETITION NO: #4360
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HEARING DATE: September 8, 2011
PETITIONER: Cape Cod Cooperative Bank
PROPERTY: 121''Main Street, YarmouthPort, MA
Map & Parcel: 0121.87 & 0121.88; Zoning District: R40 & Bl
Book/Page: 701/219; Ctf: #21314
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Joseph Sarnosky, Sean
Igoe, Diane Moudouris, Debra Martin, and Bryant Palmer, Alternate.
Notice of the hearing has been given by 'public
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.
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The Petitioner, Cape Cod Cooperative Bank, was very ably represented by Jay Murphy, Esq., its
attorney, Joel Crowell, its President and Rick Fenuccio, the project Architect. Relief is sought relating
to improvements at the Petitioner's 112 Main Street, YannouthPort, MA branch location, property
located in B 1 & R-40 Zoning Districts.
The building, located in two Zoning Districts, has been a bank branch for over 50 years at this location
and, within YarmouthPort, has a history dating to the 1920's. Its long and valued history makes it a
village institution and it has a history of tieing a good neighbor to the community at large.
The Petitioner seeks to update its facilitie's in a manner consistent with plans for other branch locations.
The new structure will be an attractive more modern facility while preserving architectural appeal,
similar to the neighborhood. Old Kings Highway Historic District Commission approval has been
obtained.
The proposed modifications to the building require limited relief from this Board and relate solely to a
covered front porch on this pre-existing, non -conforming structure.
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The existing structure currently is 7.2 ft. from the sideline. The addition of the covered porch will
result in its being 10.4 feet from the sideline. Which generally this Board would seek to avoid
allowing additional non -conforming structures, in this instance the alterations are off -set by several
aspects making the relief sought desirable to the Town. These include a decrease in impervious lot
coverage by 1,000 feet, the addition of a rear covered entryway/porch of benefit to the Petitioner's
customers and the addition of a drive-thrulcanopied teller allowing for better alignment of patron's
vehicles.
Overall, the Board was in agreement that the Petitioner clearly met its burden of establishing the
Special Permit criteria, i.e., the alteration to this building will not be substantially more detrimental to
the neighborhood, Zoning District or Town, will not cause or contribute to any undue nuisance, hazard
or congestion and that strict enforcement of the By-laws would result in undue hardship to the
Petitioner. In part, this determination was made upon the following: Petitioner's willingness to agree
to elimination of the westerly curb -cut onto Route 6A *(subject to Mass Highway approval) and
Petitioner's desire to create facades'for li is branches of a like appearance.
No one spoke in opposition to the Petition and no exhibits were received at the hearing.
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On Motion made by Ms. Martin, seconded by Mrs. Moudouris to grant the Petition on condition, the
Board voted unanimously in favor as follows:
• That the SpeciallPermit under § 104.3.2.3 be granted on condition
that the curb cut to Route 6A to the westerly side of Petitioner's
property be eliminated if, as and when Petitioner obtains Mass
Highway Dept. approval for such action; however, this approval
shall not be considered as a pre -requisite for issuance of a building
permit.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. 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, MGL c40A
§9)
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