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HomeMy WebLinkAbout5087 24 Easy St Decision Certified 03.04.24FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: PROPERTY LOCATION: TOWN OF YARMOUTH BOARD OF APPEALS DECISION March 4, 2024 5087 February 22, 2024 Kaylin Orr dba MSFTS Sand Dollar Properties, LLC 259 Great Western Road, Unit B South Dennis, MA 24 Easy Street, Yarmouth Port, MA Map 93, Parcel 23.2 Zoning District: B31R-40 Title: Book 34852, Page 105 MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni, Dick Neitz, and Barbara Murphy 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 Kaylin Orr, who does business as MSFTS, and who seeks a Special Permit to allow N-11 use at property located at 24 Easy Street, Yarmouth Port, Massachusetts. This property is located in BYR-40 zoning district and within the Aquifer Protection District (APD). Ms. Orr intends to engage in a personal training business at this location, which requires a Special Permit within the zoning district. She intends to use one of the bays at 24 Easy Street for her personal training activities with a class size of 3-5 students. The planned hours of operation are 8am-11 am and 5pm-7pm by appointment only. Because of the location, playing music will not be a nuisance. As the business grows, there is potential for classes to be held earlier than 8am. Ms. Orr testified that she would grow her business through more classes, not larger classes. Per a February 7, 2024 email to the Yarmouth Building Commissioner, Ms. Orr's landlord confirmed that she intends to rent contractor bay Unit A-1 and that she needs additional parking spaces for the type of business she plans to run in this unit. Ms. Orr testified that 6 parking spaces will be made available to her because the other bays in the building will be used for storage only. AIRUE COPY ATTEST- L:111C. I 'T0Wid ('L Z K MAR 2 5 2024 No one spoke in opposition to the petition and no exhibits were received at the hearing. After discussion, the Board concluded that the relief sought met the criteria for a grant of a Special Permit for an N-I l use to be allowed at this location. In addition, there would be no undue nuisance, hazard or congestion created and there would be no substantial harm to the established or future character of the neighborhood or town. A motion was made by Mr. Fraprie, which was seconded by Mr. Neitz, to grant the Special Permit. On a voice vote (5-0), the Special Permit was approved. Because Ms. Orr intends to locate her business in the Aquifer Protection District (APD), she also requested an APD waiver. Ms. Orr testified that she would use less than one gallon of household cleaning products at her business. A motion was made by Mr. Fraprie, which was seconded by Mr. Neitz, to grant the APD waiver. On a voice vote (5-0), the APD waiver was approved. 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) �-r Sean Igoe, Vice Chair 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 #5087 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, CMC A TRUE COPY ATTEST: J7u 6f '1(7ifG l TOVVi-4 C,L; < MAR 2 5 2024 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5087 Date: March 25, 2024 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: Kaylin Orr dba MSFTS PROPERTY OWNER: Sand Dollar Properties, LLC, 259 Great Western Road, Unit B, South Dennis, MA Affecting the rights of the owner with respect to land or buildings at: 24 Easy Street, Yarmouth Port, MA; Map 93, Parcel 23.2; Zoning District: B31R-40; Title: Book 34852, Page 105 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. r Sean Igoe, Vice Chair A TRUE COPY ATTEST: MAR 2 5 2024