HomeMy WebLinkAbout5117 32 Cocheset Path Decision RecordedRHOI TH T(1WN CLERK RE Bk 3,6500 Po 47 1-1"r- 30482
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
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FILED WITH TOWN CLERK: July 12, 2024
PETITION NO: 5117
HEARING DATE: July 11, 2024
PETITIONER: Kenneth J. McGuire and Beth A. McGuire,
Trustees of the McGuire Family Trust
PROPERTY: 32 Cocheset Path, West Yarmouth, MA
Map 64, Parcel 24
Zoning District: R40 & APD
Title: Book 36308, Page 27
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Neitz, Dick Martin,
John Mantoni 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 Kenneth and Beth McGuire regarding property at 32 Cocheset Path, West
Yarmouth, Massachusetts, which property is located in an R-40 zoning district and contains
42,420+/- square feet of area.
The petitioner seeks a Special Permit pursuant to Zoning Bylaw §407 to create to create an 832
sq ft +/- accessory apartment. The one -bedroom apartment would be for his son.
testified that the apartment would be created by finishing an empty space above
r th age. There would be sufficient on -site parking to accommodate the accessory
at m an t principal dwelling.
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y i A xrd 'rrAd a memo, dated July 10, 2024, that the Board of Health had approved the
"*Ole'" p i `to expand the existing septic system to a 4-bedroom capacity. The petitioner's
t4+o CAI size for Zone II, a protected aquifer location with stringent restrictions on
:pansion. Title 5 regulations define a "buildable lot" as over 40,000 square feet. As
sucl32 Cocheset Path is allowed 440 gallons per day (4 bedrooms) of septic capacity.
No one spoke in opposition at the hearing. Six letters in support of the petition were submitted.
The Board agreed that the petitioner met the requirements under §407 of the Zoning Bylaw.
Accordingly, a motion was made by Mr. Neitz and seconded by Mr. Mantoni to approve the
Special Permit as requested. On a voice vote (5-0), 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 #5117 that no notice of
peal of said decision has been filed with me, or, if such appeal has been filed it has been
is iissed. or denied. All appeals have been exhausted.
aslowski, CMC
AUG - 2 2024
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COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
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Petition #: 5117 Date: August 2, 2024
Certificate of Grantinz 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:
Kenneth J. McGuire and Beth A. McGuire
Trustees of the McGuire Family Trust
Affecting the rights of the owner with respect to land or buildings at: 32 Cocheset Path, West Yarmouth, MA;
Map 64, Parcel 24; Zoning District: R40 & APD; Title: Book 36308, Page 27 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
;rr hoof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that
�h:ZT(1a have elapsed after the decision has been filed in the office of the Town Clerk and no appeal
n, , e�i o at, if such appeal has been filed, that it has been dismissed or denied, is recorded in the
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� Rfor the county and district in which the land is located and indexed in the grantor index under
q tla�of ter of record or is recorded and noted on the owner's certificate of title. The fee for such
re - i
A,r ?�nng shall be paid by the owner or applicant.
Sean Igoe, Vice Chair
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Rq#W
A TRUE COPY ATTEST:
7.00—kjo I CMG i VOWN CLERK