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HomeMy WebLinkAboutPetition 4753 - 612 Rte 28 062218 RECORDEDBk 32934 Pg63 #24885 05-26-2020 @ 03:05p TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: June 22, 2018 PETITION NO: #4753 HEARING DATE: June 14, 2018 PETITIONER: Michael C. Aucoin PROPERTY: 612 Route 28, West Yarmouth, MA Map & lot#:0032.67 & 0032.68; Zoning District: B-2 & R-25 Book & Page: 28483125; CtL #: 204953 MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Thomas Nickinello, Susan Brita and Tom Baron. 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 is Michael C. Aucoin who seeks relief in connection with property located at 612 Route 28, West Yarmouth, MA property located in Zoning Districts B-2 & R-25. The sole relief sought by the Petitioner before the Board was to allow for a reduction in lot frontage from that required with in the VC 1 Zoning District of 125 feet to that of 78.7 feet. The relief sought is in connection with the development of a multi -use improvement to the site. While the Board expressed favor for the proposed improvements to the site, including the installation of residential units and commercial businesses, it was recognized by all that the site development was within the purview of the Planning Board which, in this instance, was the Special Permit granting authority. The sole relief sought before the Zoning Board of Appeals was limited to the reduction of road frontage along Route 28. While the Board recognized that 125 feet of frontage would be desirable, the improvement to this site and to this particular area of Route 28 was of a significant advantage to the town that the relief sought was desirable. Moreover, the relief sought would not, in and of itself, create any undue hazard nuisance nor congestion nor be of substantial detriment to the existing or future character of the neighborhood or town. Whether or not the development of this location to the density suggested by the Petitioner should be granted was left up to the decision-making authority concerning these issues at this location, i.e., the Planning Board. Bk 32934 Pg64 #24885 Mr. Baron moved that the Petition be granted solely for the specific relief of a reduction in Route 28 frontage from 125 feet to 78.7 feet as sought by the Petition to which Mr. Nickinello seconded and the Board voted unanimously in favor of. Therefore, this limited Special Permit was, therefore, granted. 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) 2gt= Steven DeYoung, Chairman 2 Bk 32934 Pg65 #24885 COMMONWEALTH OF MASSACHUSETTS o TOWN OF YARMOUTH [ BOARD OF APPEALS Appeal 94753 Date: July 13, 2018 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: Michael C. Aucoin 618 Route 28 West Yarmouth, MA 02673 Affecting the rights of the owner with respect to land or buildings at: 612 Route 28, West Yarmouth, MA Map & lot#:0032.67 & 0032.68; Zoning District: B-2 & R-25;Book & Page: 28483125, CtL #: 204953 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. rw... Steven DeYoung, hairman Bk 32934 Pg66 #24885 TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 426644451 Telephone (508) 398-2231 Ext. 1285, Fax (548) 398-4836 CERTIFICATION OF TOWN CLERK Town Cleric I, Philip B. Gaudet, III, 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 #4753 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. aijj11�4-p.B Tvn Clerk s' JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY