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HomeMy WebLinkAbout5167 785 Route 28 Unit 6 Decision RecordedYARMOUTH TOWN CLERK RE APR 8'25 PM 12:10 Rk 36990 Ps34.9-20432 05-22--2025 a 02 x 56g, FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION April 8, 2025 5167 March 27, 2025 Marcio Goncalves dba Goncalves Enterprises PROPERTY: 785 Route 28, Unit #6, South Yarmouth, MA Map 33, Parcel 77.C6 Zoning District: B-2 Title: Book 35971, Page 24 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie, 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 Seaview Motel Condominium property is located in the B-2 zoning district, and the petitioner owns Unit #6 which faces Seaview Avenue. The petitioner is seeking relief, pursuant to Decision #4485, for Q6 use to allow a home office. Per Condition #1 in Decision #4485, dated October 31, 2014: Any nonresidential uses which unit owners may want to make of their units, whether permitted or not under the zoning bylaw and the zoning district in which the property is located, shall require relieffrom the Zoning Board of Appeals, regardless of whether a Special Permit or Variance is needed. The petitioner is self-employed as a handyman and desires a home office. The purpose of the home office is to answer phone calls and to complete paperwork. Mr. Goncalves has no signs for the business, no employees, no client visits to the unit, and no equipment stored outside the unit; only a personal/work vehicle parked in a designated parking space. No abutters appeared either in support or in opposition to the petition. A -TRUE CO ATTEST: C / CMC Bk 36990 Pg350 #20432 Pursuant to Decision #4485, the Board agreed to grant a new Special Permit that is personal to Mr. Goncalves. Accordingly, a motion was made by Mr. Martin, seconded by Mr. Mantoni, and voted 5-0 in favor, to grant the Special Permit for a home office with the following conditions: 1) The Special Permit is limited personally to the petitioner; and 2) If the petitioner leases, sells, or no longer lives at said unit, then the Special Permit for a home office shall lapse. 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) S�-'Ls - I-r' Sean Igoe, Chairman 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 #5167 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. 1 Mary A. Maslowski, CMMC, CMC MAY - 6 2425 A TRUE COPY ATTEST: Cllii G 1 CMC 1 TOWN CLERK - IAY ," - R 9024 Bk 36990 Pg351 #20432 Petition #: 5167 COMMONWEALTII OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: April 29, 2025 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. Marcio Goncalves dba Gonsalves Enterprises Affecting the rights of the owner with respect to land or buildings at: 785 Route 28, Unit #6, South Yarmouth, MA; Map 33, Parcel 77.C6; Zoning District: B-2; Title: Book 35971, Page 24 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, Chairman BARNSTADLE REGISTRY OF DEEDS John F. Meade, Register A -TRUE CQRY ATTEST: C, MC I CMC I TOWN CLERK ,MAY - 6 2025