HomeMy WebLinkAboutBOA # 5087 Unit A-1 Y
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BOARD OF APPEALS
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FILED WITH TOWN CLERK: March 4,2024
PETITION NO: 5087
HEARING DATE: February 22,2024
PETITIONER: Kaylin Orr
dba MSFTS
PROPERTY OWNER: Sand Dollar Properties,LLC
259 Great Western Road,Unit B
South Dennis,MA
PROPERTY LOCATION: 24 Easy Street,Yarmouth Port,MA
Map 93,Parcel 23.2
Zoning District:B3/R-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 B3/R-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-1 lam 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.
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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-11 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)
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Sean Igoe, Vice Chair
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 #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.
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Mary A. Maslowski, CMC
A TRUE COPY ATTEST:
.
MAR 2 5 2024
of•YqR COMMONWEALTH OF MASSACHUSETTS
'tr0 TOWN OF YARMOUTH
,. - G 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:B3/R-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.
Sean Igoe,Vice Chair
A TRUE COPY ATTEST:
l (114eff144/0/4/4
MAR 2 5 2024