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Home My WebLink About5232 21 Azalean Ln Decision Recorded 05.18.26ZKOUTH TOWN CLERK RE MY 18126 w12:28 FILED WITH TOWN CLERK: ��1-u-col 11.II HEARING DATE: PETITIONER: PROPERTY OWNER: Sk 37671 Pa 300 022751 06-09-2026 ai 11228= TOWN OF YARMOUTH BOARD OF APPEALS DECISION May 18, 2026 5232 May 14, 2026 Jennifer L. Wallace dba Koru Therapies Jennifer L. Wallace, Trustee of the Jennifer L. Wallace 2021 Trust PROPERTY: 21 Azalea Lane, South Yarmouth, MA Map 119, Parcel 45 Zoning District: R40 and the Old King's Highway Historic District Book 34813, Page 248 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni, Barbara Murphy, and Anthony Panebianco 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 as stated above. The petitioner is Jennifer L. Wallace dba Koru Therapies who seeks relief in connection with property located at 21 Azalea Lane, South Yarmouth, Massachusetts. The property is located in the R40 zoning district and the Old King's Highway Historic District. The property contains —6,534 square feet of area. The petitioner seeks a Special Permit per §202.5, Footnote 12 for 0-8 Use (Other Professional Office) and/or Variance from §202.5(12) to operate a small-scale wellness business in the home. The business has operated from 21 Azalea Lane since 2022 as a home office only, a use permitted by a February 14, 2022 Zoning Determination. Currently, the petitioner provides wellness services, such as massage, bodywork, and yoga, exclusively at clients' homes. The proposal is to offer wellness services from 10:00am to 10:00pm, 7 days a week, one-on-one and up to six (6) clients at any one time. The property has a total of four (4) parking spaces with the petitioner's vehicle occupying one (1) of the parking spaces. According to a fl4or.diagram, drawn by the petitioner and received on April 16, 2026, either Room Orie (1) or Roojft; Two (2) IF would be used for the wellness space. There would be no employes. nd no sigriag M Bk 37671 Pg301 #22751 Prior to the hearing, the Board received one letter of support from an abutter. There were no public comments at the hearing. The Board had concerns about the potential for too much activity at the site and cars parked for hours at a time, but ultimately agreed to grant the Special Pen -nit with certain conditions. While not a condition of this decision, the petitioner is reminded that she must secure all local and state licenses, permits and permissions that are required to operate the business. Accordingly, a motion was made by Mr. Martin and seconded by Mr. Panebianco to approve the Special Permit, subject to the following conditions: 1) The Special Permit is granted exclusively to this petitioner, Jennifer L. Wallace; 2) The Special Permit shall lapse automatically when Jennifer L. Wallace discontinues the use; 3) The petitioner shall be the only one to conduct business at the site and there shall be no other employees of the business at this site; 4) Business use and activity shall be limited to the interior of the residence; 5) Hours of operation shall be restricted to Monday through Saturday, from 9:00am to 8:00pm; 6) The business shall be restricted to massage and bodywork only; 7) The scheduled appointments shall be limited to one client at a time; 8) The petitioner shall stagger appointments so as to avoid two client vehicles at the site at any one time; and 9) The petitioner shall appear before the Zoning Board of Appeals one (1) year from the date this decision is filed with the Town Clerk's Office for the Board to conduct a review and to make any modifications as may be deemed necessary. The members voted as follows: Mr. Martin -AYE; Mr. Mantoni-AYE; Ms. Murphy -AYE; Mr. Panebianco-AYE; Chairman Igoe -AYE. The motion was voted 5-0 in favor. Therefore, the Special Permit with the stated conditions was granted. The petitioner requested to withdraw the Variance without prejudice. Accordingly, a motion was made by Mr. Panebianco and seconded by Mr. Martin to allow the petitioner to withdraw the Variance without prejudice. The members voted as follows: Mr. Martin -AYE; Mr. Mantoni- AYE; Ms. Murphy -AYE; Mr. Panebianco-AYE; Chairman Igoe -AYE. The motion was voted 5- 0 in favor. Therefore, the request for a Variance was withdrawn without prejudice. 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, Chairman Bk 37671 Pg302 #22751 CERTIFICATION OF TOWN CLERK 1, 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 #5232 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. 7' i, MMC, CMMC .SUN - 8 2026 'A TRUE COPY lopff 0" 5 W, FbA JUN - Bk 37671 Pg303 #22751 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: June 8, 2026 46 the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been j1 f10. PETITIONER: Jennifer L. Wallace dba Koru Therapies `-PROPERTY OWNER: Jennifer L. Wallace, Trustee of the Jennifer L. Wallace 2021 Trust Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) Affecting the rights of the owner with respect to land or buildings at: 21 Azalea Lane, South Yarmouth, MA; Map 119, Parcel 45; Zoning District: R40 and the Old King's Highway Historic District; Book 34813, Page 248 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 BARNSTABLE REGISTRY OF DEERS John F. Meade, Register N ' UE CA `YTEST: W -ACMMO h qWN CLERK r� -�,8 2026 J