HomeMy WebLinkAboutDecision 4412 Similar Request 16 Sunset Pines RdBk 2-6798. Ps215 *62596
1[3XO=SSa TOWN'
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y BOARD OP APPEALS DECISION
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WITH TOWN CLERK: October 5, 2012 PETITION
NO: #4412 MARINGDATE:
September27,2012 PETITIONER: %
inda Preston PROPERTY:
16 Sunset Pines Road, South Yarmouth, MA Map'&
Parcel: 0069.21; Zoning District: R-40 Book &
Page: 23251/196 MEMBERS
PRESENT AND VOTING: Steven DeVoung, Chairmaai Joseph Sarnosky, ' Sean
Igoe, Debra Martln., Bryant Palmer. and John Richards (Non -voting Alternate). Notice
of the hearing has been given by sending notice thereof to the Petitioner and all those owners of A
property as required by law, and to the public by posting notice of the hear );g-and publishing in The Register,
the hearing opened and held on the date stated above. The
Petitioner is Linda Proton who seeks a Special Permit under Zoning By-law §103:2 for• relief under §
202.5 (08) aad as provided for by footnote 12'. Petitioncds property is located at 16 Sunset Pines
Road, South Yarmouth, MA, property.in an•R-40 Zoning District. She seek pmmission to' operate
a massage therapy,, energy healing, counseling and meditation service at the property location which
will be owner occupied The
Petitioner presented eloquent correspondence explaining her request and supported by five (5) pages
of photos, etc. This was manned as Exhibit 1. No other.exhiibits were received , In
addition} the Board had previously received 'various a -mails (Building Inspector, Board of Health), together
with correspondence from Rob Crrimes and Ralph Mendoza of 105 Station Avenue and Constance
Stafford of 139 Iod;an Memorial Drive, both in support of the Petition. The
Petitioner spoke, as did Mr. Aalph Mendoza. No one spoke in opposition to the Petition. The
Petitioner explained that her business activity would be limited to her own, direct, efforts and confined
to the ground floor interior room as shown on her diagram of the floor plan of the residence. ' While
not a requirement of this decision, -the Petitioner is reminded that she is required to have a State Massage
License, a Massage Business License and approval of the Yarmouth Board of Hea•ith and a Use
and Occupancy determination from the Yarmouth Building Inspector. i
Bk 26798 Pg 216 #62596
The Board.generaliy concurred with the Petitioner that the use was low impact and not likely to even
be noticed by the neig The site offered ample parlang, particularly in light of the conditions of
the grant It was noted and so fvead drat=the Petitioner adequately demonstrated that no undue
nuisance hazard or congestion will •be created by .the grant of the relief sought nor would any
substantial harm to the established or future character of the neighborhood or Town occur.
Accardingiy, on Motion made by Ms. Martin, seconded by Mr. Palmer, it was i na oiisly•voted to
approve the Petition for Special Permit upon the following conditions:
1) Business use and activity be limited to the fast floor
of the residence only;
2) That there be no business activity
conducted in the exterior of the residence;
3) That time Petitioner be the only one to conduct
business at the site and there be no other employees
of the business at this site;
4) That Petitioner stagger appointments so as to avoid
having two clients vehicles at the site at any one time.
5) That the Petition be reviewed witliln one year of its inception
at this location so as to assure that the Petitioner has
complied -with these conditiozis and that the business has not
bad an adverse effect upon the neighborhood.
No permit sball issue unW 24 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals
from this decision shah be made pursuant to MGL c44A section 17 and angst be filed within 20 days .
after filing of this notice/decision with thi Town Clerk. Unless otherwise provided herein, the Special
Permit shall Lapse If s substantial we thereof has not begun within 24 months. (See bylaw, MGL c44A
9)
Steven VeYoung, CbAcakn.
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