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Home My WebLink About5016 6 Corporation Rd Decision RecordedYARIAS- f, t �r r FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: PROPERTY LOCATION: TOWN OF YARMOUTH BOARD OF APPE3 r� 81 ti F DECISION " May 23, 2023 5016 May 11, 2023 Elise Frazier dba Invictus Barbell Club Capital Leasing, Inc. 1141 Old Stage Road, Centerville, MA 6 Corporation Road, Yarmouth Port, MA Map 93, Parcel 25 Zoning District: B-3 & APD Title: Book 14932, Page 308 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Fraprie, John Mantoni and Sean Igoe 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 Elise Frazier, who does business as Invictus Barbell Club, and who seeks a Special Permit to allow for an N- I I use at property located at number 6 and 8 Corporation Road, Yarmouth Port, Massachusetts, which property is located in B-3 zoning district and within the Aquifer Protection District (APD). Ms. Frazier intends to engage in a personal trainer business at this location, which business is not allowed within the zoning district except by Special Permit. The building she intends to use for her personal trainer activities is a two -bay building, previously occupied by an alarm maintenance/service company. Petitioner intends to improve the exterior aesthetics of the building while maintaining a modest clientele at any given time. Greg Bilezikian, 100 Wharf Lane, Yarmouth Port, Massachusetts, spoke in favor of the petition. He is a client of the petitioner and believes it would be a benefit to all of Yarmouth, if persons interested in the petitioner's services did not have to drive to Hyannis or locations other than Yarmouth in order to obtain the benefits of this service. No one spoke in opposition to the petition and,Vp exhibits were received at the hearing. ,4. A TRUE GC Y ATTEST. f C Uii0 ! yVN CLLhK ''lAc,�Y` JUN 13 2023 After discussion, the Board concluded that the relief sought met all of the criteria for a grant of a Special Permit for an N- I I use to be allowed at this location. A motion was made by Mr. Fraprie, which was seconded by Mr. Mantoni, to grant the Special Permit for the relief sought on the condition that the hours of operation be limited to 5am-8pm. A roll call vote was taken on this motion with all members voting "aye". Accordingly, the Special permit was granted. Steven DeYoung - Aye Sean Igoe - Aye Dick Martin - Aye Jay Fraprie - Aye John Manton - 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) , � � F3�4� 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 #5016 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. � r L Mary 1. Maslowski juN 13 2923 A TRIP %Py ATTEST s:. �� rrc��• UN 1 3 2023 Petition #: 5016 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: June 13, 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: PETITIONER: Elise Frazier dba Invictus Barbell Club PROPERTY OWNER: Capital Leasing, Inc. 1141 Old Stage Road, Centerville, MA Affecting the rights of the owner with respect to land or buildings at: 6 Corporation Road, Yarmouth Port, MA; Map 93, Parcel 25; Zoning District: B-3 & APD; Title: Book 14932, Page 308 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. Steven DeYoung, Chairman BARNSTABLE REGISTRY OF DEEDS )bhn F. M00i k8gister aa• iEtiki,"QOPY A'TR ATTEST �rr►c,►��g�JUN 13 2023 A PI)