HomeMy WebLinkAbout4884-51 Abells roadTOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: April 9, 2021
PETITION NO: #4884
HEARING DATE: March 11, 2021
PETITIONER: Derek J. Fowler and Jillian M. Fowler
PROPERTY: 51 Abell's Road, West Yarmouth, MA
Map & Lot#:0039.2; Zoning District: R-25
Book/Page: 31524/72
MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman, Sean Igoe, Dick Martin,
Tom Baron and Tim Kelley.
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 Petitioners are Derek and Jillian Fowler of 51 Abell's Road, West Yarmouth, MA. The
property is located in an R-25 Zoning District. The Petitioner's seek a Special Permit under By -
Law §407 to allow for the creation of a Family Related Apartment. The Petitioners did a fine job
in presenting the merits of the relief sought. The Petitioners provided a duly executed Declaration
of Covenant and Family Related Apartment Affidavit. They expressed knowledge of the
limitations of the use of the apartment should the relief be granted. The proposed apartment will
have a separate entrance from the outside with no additional entrance to the remainder of the
dwelling. Once converted, it will consist of a living room, kitchen, bathroom and bedroom. The
apartment will be approximately 532 ft.'. Favorable correspondence was received by a neighbor.
No one spoke in opposition to the Petition and no exhibits were received during the hearing.
The grant of a Special Permit to allow for a Family Related Apartment is usually looked upon
favorably by the Board. If granted, the Board felt unanimously that it would cause no undue
hazard, nuisance nor congestion nor would it be a detriment to the existing or future character of
the neighborhood or Town. Upon a Motion made by Mr. Kelley and seconded by Mr. Baron to
approve the requested relief, the Board voted by roll call vote as follows: Mr. Igoe- aye, Mr.
Barron- aye, Mr. Martin- aye, Mr. Kelley- aye and Mr. DeYoung- aye. Accordingly, with the
Board voting unanimously in favor of the relief sought, the Special Permit was 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)
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Steven S. DeYou e, Chairman
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