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4884 51 Abells Rd Decision Recorded9k -34174 P :EP 181 FILED WITH TOWN CLERK: PETITION NO: #4884 TOWN OF YARMOUTH BOARD OF APPEALS DECISION April 9, 2021 HEARING DATE: March 11, 2021 PETITIONER: Derek J. Fowler and Jillian M. Fowler PROPERTY: 51 Abell's Road, West Yarmouth, MA Map & Lot#:0039.2; Zoning District: R-25 Book/Page: 31524/72 MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman, Sean Igoe, Dick Martin, Tom Baron and Tim Kelley. 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 Register, the hearing opened and held on the date stated above. The Petitioners are Derek and Jillian Fowler of 51 Abell's Road, West Yarmouth, MA. The property is located in an R-25 Zoning District. The Petitioner's seek a Special Permit under By - Law §407 to allow for the creation of a Family Related Apartment. The Petitioners did a fine job in presenting the merits of the relief sought. The Petitioners provided a duly executed Declaration of Covenant and Family Related Apartment Affidavit. They expressed knowledge of the limitations of the use of the apartment should the relief be granted. The proposed apartment will have a separate entrance from the outside with no additional entrance to the remainder of the dwelling. Once converted, it will consist of a living room, kitchen, bathroom and bedroom. The apartment will be approximately 532 ft.2. Favorable correspondence was received by a neighbor. No one spoke in opposition to the Petition and no exhibits were received during the hearing. The grant of a Special Permit to allow for a Family Related Apartment is usually looked upon favorably by the Board. If granted, the Board felt unanimously that it would cause no undue hazard, nuisance nor congestion nor would it be a detriment to the existing or future character of the neighborhood or Town. Upon a Motion made by Mr. Kelley and seconded by Mr. Baron to approve the requested relief, the Board voted by roll call vote as follows: Mr. Igoe- aye, Mr. Barron- aye, Mr. Martin- aye, Mr. Kelley- aye and Mr. DeYoung- aye. Accordingly, with the Board voting unanimously in favor of the relief sought, the Special Permit was therefore granted. A TRUE COPY ATTEST. MAY - 3 2021 Bk 34174 Pg182 #37602 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) Steven S. DeYoun , hairman A TRUE COPY ATTEST•. �:- - . ' - ' i TOWN CLERK Bk 34174 Pg183 #37602 Appeal #4884 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: April 30, 2021 _ 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: Derek J. Fowler and Jillian M. Fowler 51 Abell's Road West Yarmouth, MA 02673 Affecting the rights of the owner with respect to land or buildings at: 51 Abell's Road, West Yarmouth, MA; Zoning District R-25; Map & lot#:0039.2; Book/Page: 31524/72, 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. `� TRUF Steven S. D ung, Chairman ATTEST. _ r �, Bk 34174 Pg184 #37602 TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK 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 #4884 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 Town Clerk MAY - 3 2021 BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register