HomeMy WebLinkAbout5110 301 West Yarmouth Rd Decision Certified 06.04.24ARNOUTH TOWN CLERK RE
JUN 4'24 A 11:09
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
C�RPURATE� ..9'
FILED WITH TOWN CLERK: June 4, 2024
PETITION NO: 5110
HEARING DATE: May 23, 2024
PETITIONER: The CMP Realty Trust, Murray A. Phelps, III and
Carole M. Phelps, Trustees
PROPERTY: 301 West Yarmouth Road, West Yarmouth, MA
Map 57, Parcel 4
Zoning District: R-40
Title: Book 15491, Page 332
MEMBERS PRESENT AND VOTING: Vice Sean Igoe, Jay Fraprie, Barbara Murphy, 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 Cape Cod Times, the hearing opened and held on the date stated above.
The petitioner is Murray and Carole Phelps regarding property at 301 West Yarmouth Road,
West Yarmouth, Massachusetts, which property is located in an R-40 zoning district and
contains 2.65 acres of area.
The petitioner was granted prior relief, Decision #4039, dated June 5, 2006, for a Special Permit
to create an Affordable Accessory Apartment on the second floor of the detached garage.
At the May 23, 2024 hearing, the petitioner requested a Special Permit per §407.5.2 #3 to
convert an Affordable Accessory Apartment into a rental accessory apartment.
There are no changes to the accessory apartment. The total square footage of the accessory
apartment would remain at 646 square feet and there would still be sufficient on -site parking to
accommodate the accessory apartment.
The petitioner had met the Special Permit requirements under the previous §407 of the zoning
bylaw, and the petitioner has met the Special Permit requirements under the revised §407 of the
zoning bylaw.
A TRUE COPY ATTEST:
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CA;u / CMG / TQUVN CLEFJ
JUL - 7 2824
Accordingly, a motion was made by Mr. Fraprie and seconded by Ms. Murphy to approve the
Special Permit as requested. On a voice vote (4-0), the motion 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)
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 #5110 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
JUL - % 2024
A TRUE COPY ATTEST
l:!v%A,` 1 UMC / TOWN CLEi X
JUL - 7 2024
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COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
�RP�RAtEO �
Petition #: 5110 Date: June 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:
The CMP Realty Trust, Murray A. Phelps, III and Carole M. Phelps, Trustees
Affecting the rights of the owner with respect to land or buildings at: 301 West Yarmouth Road, West
Yarmouth, MA; Map 57, Parcel 4; Zoning District: R-40; Title: Book 15491, Page 332 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
q TRU" COPY ATTEST;
JUL - 7 2024