HomeMy WebLinkAbout5110 301 West Yarmouth Rd Decision RecordedfARNOUTH TOWN CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
Bk 36455 P 0205 426460
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TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
June 4, 2024
5110
May 23, 2024
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: R40
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 slate 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 .tune 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.
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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 shalt 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.
Mary A. Maslowski, CMC
JUL - 7 2024
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