HomeMy WebLinkAbout4577 and 5129 41 Standish Way Memo to File 06.16.25VARMOUTH MOWN CLERK RE
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TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION #4577 and 5129
PETITION NO: Modification of Decision 4577 and 5129
HEARING DATE: June 12, 2025
PETITIONER: Martin J. Dugal, Gerald M. Dugal and Margaret M. Dugal
PROPERTY: 41 Standish Way, West Yarmouth, MA
Map 29, Parcel 190
Zoning District: R-25
Title: Book 27154, Page 292
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, John Mantoni, Jay Fraprie,
Richard Neitz, and Barbara Murphy
Relief was previously obtained from the Board of Appeals in Petition #4577 (March 2015) to
create an Affordable Accessory Apartment at the Property, which was recorded in the Barnstable
County Registry of Deeds in Book 28837, Page 183. That recording included a Declaration of
Covenants Affordable Accessory Apartment, as well as an Affordable Accessory Apartment
Affidavit. In September of 2024, and based on changes to the Zoning Bylaw, the applicant
requested and was granted to issue a Special Permit to convert the Affordable Accessory
Apartment into a market rate rental accessory apartment, pursuant to Zoning Bylaw Section
407.5.2, and memorialized in Decision 5129. Prior to that Decision being recorded, the
Commonwealth of Massachusetts enacted the Affordable Homes Act, which permitted a market
rate accessory dwelling, without an owner -occupancy requirement. It is the Petitioner's current
intent to abandon both Decision 4577 and Decision 5129, and to establish two market rate units
at the Property, without an affordable restriction and without an owner -occupancy requirement.
A motion was made by Mr. Neitz and seconded by Mr. Fraprie to declare Decision 4577 and
Decision 5129 void, without any further obligation on the part of the Applicant to abide by those
Decisions, and may seek approval, if any is required, to permit his primary and Accessory
Dwelling Unit to remain without any previous conditions issued by this Board. On a roll call
vote (5-0), the request was approved. The members voted as follows: Mr. Neitz-Aye; Mr.
Fraprie-Aye; Mr. Mantoni-Aye; Ms. Murphy -Aye; and Chairman Igoe -Aye.
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Sean Igoe, Chairman