HomeMy WebLinkAbout4982 438 Route 6A Decision TC Certified 02.21.23fi. "F 3-' -ii i £le
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
January 31, 2023
4982
January 12, 2023
PETITIONER: Joseph F. Audette and Allison Bailey
177 Pemberton Street Unit 10
Cambridge, MA 02140
PROPERTY: 438 Route 6A (Main Street), Yarmouth Port, MA
Map 123, Parcel 63
Zoning District: R-40
Title: Book 24435, 34
MEMBERS PRESENT AND VOTING: Jay Fraprie (Acting Chair), Dick Neitz, John
Mantoni, Doug Campbell.
Notice of the hearing was 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 was held on the date stated above.
The petitioners are Joseph Audette and Allison Bailey who seek relief in connection with property
owned by them at 438 Route 6A (Main Street), Yarmouth Port, MA. Property located in a R-40
zoning district. The petitioner seeks to allow for a family related accessory apartment for Allison's
parents. The family related accessory apartment is to be located above the proposed garage.
This petition was previously presented on October 27, 2022. At that time, the petitioner sought
relief for a family related accessory apartment greater than 800 ft.'. The Board also needed
clarification from the petitioner on habitable space and the dimensions of the rooms. The petitioner
requested that the matter be continued. This request was granted, and the matter was continued to
January 12, 2023.
At the continued hearing, the petitioner's representative, Alison Alessi of A3 Architects did a fine
job of presenting the petition. She explained that the plans had been revised so as to limit the size
of the apartment to less than 800 ft.'. The removal of a third -floor dormer received administrative
approval from Richard Gegenwarth, Chair, Old Kings Highway Historic District Committee.
A TRUE COPY ATTEST:
CMMC MMG 1 TOWN CLERK
FEB 2 12023
No one in the audience spoke in favor or in opposition to the petition.
The Board agreed that the request is within the scope of the bylaw and meets the square footage
requirement. A motion was made by Mr. Neitz and seconded by Mr. Manton to approve the
Special Permit as requested, without conditions.
A roll call vote was taken on this motion for a Special Permit as requested, without conditions,
and was approved (4-0) as follows: Mr. Neitz-Aye; Mr. Mantoni-Aye; Mr. Campbell -Aye; and
Mr. Fraprie-Aye. The Special Permit was therefore granted without conditions and the
alternative request for a Variance was allowed to be withdrawn and without prejudice.
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)
Jay lVapriVActing ClWir
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 #4982 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.
u
Mary A. Maslowski
FEB 2 12023
A TRUE COPY ATTEST.
ChOAC VGMC / TOWN CLERK
FEB 2 12023
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4982 Date: February 21, 2023
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:
Joseph F. Audette and Allison Bailey
177 Pemberton Street Unit 10
Cambridge, MA 02140
Affecting the rights of the owner with respect to land or buildings at: 438 Route 6A (Main Street), Yarmouth
Port, MA; Map 123, Parcel 63; Zoning District: R-40; Title: Book. 24435, 34 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.
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Jay Vr prie sting Ch
A TRUE COPY ATTEST.
CM -MC 7 GMC / i�G'VN GGLEf,K
FEB 2 12023