HomeMy WebLinkAbout5010 176 Union St Decision Certified 04.20.23FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
April 20, 2023
5010
April 13, 2023
Rudy Quispe
PROPERTY: 176 Union Street, Yarmouth Port, MA
Map 115, Parcel 86
Zoning District: R-40
Title: Book 34154, Page 52
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie,
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 petitioner, Rudy Quispe, seeks relief in connection with property at 176 Union Street,
Yarmouth Port, MA, which is located in an R-40 zoning district. The property contains 24,829
square feet of area. The petitioner seeks a Special Permit for a family related accessory
apartment that is less than 800 square feet.
Mr. Quispe did a fine job of presenting the petition, saying that when he purchased the home two
years ago, the garage apartment was existing, but built illegally. Since that time, Mr. Ouispe has
applied for building permits to add a bathroom and a deck. If approved, Mr. Quispe will add a
stove to the apartment which will allow his mother some privacy in her own space. The
apartment has three means of egress. The home, including the apartment, will have four
bedrooms in total, and the septic system has capacity for four bedrooms.
One neighbor in the audience spoke in favor. No one spoke in opposition to the petition and no
new exhibits were received at the hearing.
Mr. Martin noted that the accessory apartment is small (-640 square feet) and the lot can
accommodate the size of the apartment.
A TRUE COPY ATTEST
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MAY 1 1 2QZ
The Board agreed that the petition meets the requirements of §407 of the bylaw as it relates to
family related accessory apartments, including the accessory apartment is no larger than 800
square feet and the lot size is a minimum of 10,000 square feet.
Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Campbell, to grant the Special
Permit, as requested. A roll call vote was taken and the members voted unanimously in favor of
the motion as follows: Mr. Igoe -Aye; Mr. Martin -Aye; Mr. Fraprie-Aye; Mr. Campbell -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)
Sean Igoe, Chairman
CERTIFICATION OF TOWN CLERK
1, 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 #50I0 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
MAY 1 1 2023
A TRUE COPY ATTEST.•
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MAY 1 1 202J
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5010 Date: May 11, 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:
Rudy Quispe
Affecting the rights of the owner with respect to land or buildings at: 176 Union Street, Yarmouth Port, MA;
Map 115, Parcel 86; Zoning District: R-40; Title: Book 34154, Page 52 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.
Sean Igoe, Chairman
A TRUE COPY ATTEST
MAY 1 I Mj