HomeMy WebLinkAbout5040 6 Tall Pines Dr YP Decision CertifiedFILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
August 10, 2023
5040
July 27, 2023
Allyn B. Chafetz
Trustee of the Chafetz Family Realty Trust
PROPERTY: 6 Tall Pines Drive, Yarmouth Port, MA
Map 117, Parcel 15
Zoning District: R-40
Title: Book 34922, Page 261
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick
Martin, Jay Fraprie, John Mantoni, and Barbara Murphy (Alternate).
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 Allyn Chafetz, Trustee of the Chafetz Family Realty Trust, who brings this petition
concerning property located at 6 Tall Pines Drive, Yarmouth Port, Massachusetts, which property
being in a R-40 zoning district. The petitioner seeks to allow, by Special Permit, a business of
psychotherapy at her home address, 6 Tall Pines Drive.
Being somewhat a case of first impression by this Board, since the adoption of bylaw §416.2, the
Board considered the specific provisions included at Town Meeting as it relates to home office
activities. At section 6 of bylaw §416.2, it is set forth as follows: "Home Occupations shall not
permit clients or customers on the premises, not have on -site retail, not result in increases to traffic
or parking, and not permit deliveries or shipping other than through the US Postal Service, FedEx,
UPS or similar services."
It is clear to the Board Members that this is the intent of the bylaw as it relates to the petitioner's
proposed business. There seems to be no ambiguity within the bylaw provision and, so, each Board
Member was unable to support the relief sought by the petitioner.
A TRUE COPY ATTEST
c GMG I TOWN CLERK
AUG 3 12023
The Board's general consensus was relayed to the petitioner, who was offered the opportunity to
proceed with her petition, or allow it to be withdrawn without prejudice.
At the request of the petitioner, the Board voted on a motion made by Mr. Igoe, seconded by Mr.
Fraprie, to allow the withdrawal of the Special Permit, without prejudice.
A roll call vote was taken, and the members voted unanimously in favor of the motion as follows:
Steven DeYoung: Aye; Sean Igoe: Aye; Dick Martin: Aye; Jay Fraprie: Aye; John Mantoni: Aye;
Barbara Murphy (Alternate): Aye.
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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 #5040 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
AUG 3 1 2023
A TRUE COPY ATTEST:
L;MC / TOWN CLERK
AUG 3 12023