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HomeMy WebLinkAbout4959 500 Route 6A Decision TC 07.08.22 * . '' \\r0 TOWN OF YARMOUTH 1 . t BOARD OF APPEALS ©\� i A: '-'3.. DECISION FILED WITH TOWN CLERK: July 8, 2022 PETITION NO: 4959 HEARING DATE: June 9, 2022 PETITIONER: C.A. Vincent, Inc. OWNER: Sheila M. Fitzgerald PROPERTY: 500 Route 6A, Yarmouth Port, MA Map 124,Parcel 63 Zoning District: R-40 Title: Book 32607, Page 291 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,John Mantoni,Richard Martin, and Jay Fraprie 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 C. A. Vincent, Inc. which seeks relief for property located in the R-40 zoning district at 500 Route 6A, Yarmouth Port, MA. Relief sought is in several different forms including a request for a Special Permit to raze and replace a pre-existing,nonconforming structure on petitioner's property and/or a Variance for setback relief. Further, the petitioner seeks a Special Permit to create a family related accessory apartment together with the request for a Variance to allow the department to be more than 800 ft.2. The petitioner's representative was Chris Vincent who did a fine job of presenting the petition. Three (3) abutters (Al Gray, 485 Route 6A, Yarmouth Port; Patricia Sherman, 21 Minnetuxet Way, Yarmouth Port; Robert Flanagan,495 Route 6A, Yarmouth Port)appeared in favor of razing and replacing the barn. No one appeared in opposition to the petition and no new exhibits were received. The Board expressed no particular concern relative to the requested relief by Special Permit to raze and replace the structure. It is to be built on the same footprint of the existing structure and though it encroaches in the side setback requirement,there would be no additional encroachment into this area if relief were granted. A motion was made by Mr. Martin, seconded by Mr. Fraprie to grant the Special Permit as requested by the petition.A roll call vote on this motion was unanimously in favor of the grant of the Special Permit: - Mr. Mantoni: AYE - Mr. Fraprie: AYE - Mr. Martin: AYE - Chairman DeYoung: AYE The Board then proceeded to the next issue which was the Petitioner's request for a family-related accessory apartment. The Board was in agreement that the 800 square-foot limit was established by Town Meeting and would not be deviated from until there was some further action, if any, from the Town. A motion was made by Mr. Martin, seconded by Mr. Fraprie to grant the relief of a Special Permit with the provision that the square footage of the apartment remain at no greater than 800 square feet. Further, that the balance of the second-floor space was to be left unfinished. On this motion and on these conditions, the Board voted unanimously in favor by roll call vote: - Mr. Mantoni: AYE - Mr. Fraprie: AYE - Mr. Martin: AYE - Chairman DeYoung: AYE The Board then proceeded to consider the two (2) requests for Variance relief brought by the petition. As to the Variance for side setback relief, in light of the grant of a Special Permit, the petitioner's representative requested that the Variance be withdrawn,without prejudice.A motion was made by Mr. Martin, seconded by Mr. Fraprie to allow the withdrawal of the request for Variance, such withdrawal to be without prejudice. As to the second Variance relating to allowance of more than 800 square feet within an accessory apartment, a motion was made by Mr. Martin, seconded by Mr. Fraprie to approve the petitioner's request that this relief also be withdrawn without prejudice. On this motion a roll call vote was taken and passed on a roll call vote unanimously in favor: - Mr. Mantoni: AYE - Mr. Fraprie: AYE - Mr. Martin: AYE - Chairman DeYoung: AYE 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, Chairman 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 #4959 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