Loading...
HomeMy WebLinkAbout4982 438 Route 6A Decision RecordedYARMOUTH TOWN CLERK FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: TOWN OF YARMOUTH BOARD OF APPEALS DECISION January 31, 2023 4982 January 12, 2023 '23JAN31AN10:53 REC Bk 35665 PM 14 0 ; SeSOO 03-06-2023 & 1O = OOCX PETITIONER: Joseph F. Audette and Allison Bailey 177 Pemberton Street Unit 10 Cambridge, MA 02140 PROPERTY: 438 Route 6A (Main Street), Yarmouth Port, MA Map 123, Parcel 63 Zoning District: R-40 Title: Book 24435, 34 MEMBERS PRESENT AND VOTING: Jay Fraprie (Acting Chair), Dick Neitz, John Manton, Doug Campbell. Notice of the hearing was 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 was held on the date stated above. The petitioners are Joseph Audette and Allison Bailey who seek relief in connection with property owned by them at 438 Route 6A (Main Street), Yarmouth Port, MA. Property located in a R-40 zoning district. The petitioner seeks to allow for a family related accessory apartment for Allison's parents. The family related accessory apartment is to be located above the proposed garage. This petition was previously presented on October 27, 2022. At that time, the petitioner sought relief for a family related accessory apartment greater than 800 ft 2. The Board also needed clarification from the petitioner on habitable space and the dimensions of the rooms. The petitioner requested that the matter be continued. This request was granted, and the matter was continued to January 12, 2023. At the continued hearing, the petitioner's representative, Alison Alessi of A3 Architects did a fine job of presenting the petition. She explained that the plans had been revised so as to limit the size of the apartment to less than 800 R.I. The removal of a third -floor dormer receives-adrttjpjtrative approval from Richard Gegenwarth, Chair, Old Kings Highway Historic Disk ; A►•TIWE COPli #,T.T Bk 35665 Pg141 #8600 No one in the audience spoke in favor or in opposition to the petition. The Board agreed that the request is within the scope of the bylaw and meets the square footage requirement. A motion was made by Mr. Neitz and seconded by Mr. Manton to approve the Special Permit as requested, without conditions. A roll call vote was taken on this motion for a Special Permit as requested, without conditions, and was approved (4-0) as follows: Mr. Neitz-Aye; Mr. Manton -Aye; Mr. Campbell -Aye; and Mr. Fraprie-Aye. The Special Permit was therefore granted without conditions and the alternative request for a Variance was allowed to be withdrawn and 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) 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 # 4982 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. Mary A. Maslowski FEB 2 12023 i VA A. h1G.4pY ANT i 7e— rs lT V;71j .._ z `p�►g���t 2023,