HomeMy WebLinkAboutDecision 4655 YYq
•° _ � TOWN OF YARMOUTH RECEIVE
\O BOARD OD
F APPEALS
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err,cote 1 TOWN CLERK
vs- SOUTH YARMOUTH,MA
SPECIAL PERMIT EXTENSION
FILED WITH TOWN CLERK: October 12,2018
PETITION NO: #4655
HEARING DATE: September 13,2018
PETITIONER: Peter Cooney and Carole Lucas
PROPERTY: 27 Briar Circle,South Yarmouth,MA
Map 25,Parcel 337
Zoning District: R-25
Title:Book 212698,Page 51
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe,Richard Martin,Richard Neitz,
Thomas Nickinello and Tom Baron
The Petitioners Peter Cooney and Carole Lucas presented a request for Extension of Special
Permit#4655 which was granted by filing with the Town Clerk on August 15, 2016.
Attorney Paul R. Tardif, who represented Mr. Cooney and Ms. Lucas, explained that although
Decision 4655 has been recorded in the Barnstable County Registry of Deeds in Book 29921, Page
335,the Condominium documents had not due to ongoing negotiations with the existing lenders on the
property,as well as personal financial questions. The Board was cognizant that the original requested
relief was issued for a condominium conversion,which did not require any construction or the request
for any additional permits. The Board was comfortable to know that the ongoing issues would likely
be resolved in a one year time period.
The Board considered that the Petitioners had established"good cause"within the meaning of By-law
§103.2.5 and, on Motion made by Mr. Neitz, seconded by Mr. Nickinello, voted unanimously to
extend the Special Permit to September 13,2019.
Sea/1.oe,Chairm., r
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LAW OFFICES OF
PAUL R. TARDIF, ESQ., P.C.
490 MAIN STREET
YARMOUTH PORT,MA 02675
(508)362-7799 (508)362-7199 fax
Paul R. Tardii,Esq. Melissa G.MacLeod,Esq.
ptardif a.tardiflaw.com www.tatdiflaw.com melissantardiflaw.comm;
REFER TO FILE NO.
August 23,2018
Steve DeYoung, Chairman
Yarmouth Zoning Board of Appeals
1146 Route 28
South Yarmouth, MA 02664
RE: Zoning Appeal—27 Briar Circle, South Yarmouth
Peter Cooney and Carole Lucas- Petition#4655
REQUEST FOR EXTENSION
Dear Mr. DeYoung:
As you may remember, this office represented Peter Cooney and Carole Lucas in the
request for a Special Permit to allow for the conversion of their property to a condominium form
of ownership back in 2016. Hearing was held on August 11, 2016, and the Special Permit
Decision was issued by the Town Clerk on September 6, 2016. Upon receipt, the Decision was
duly recorded in the Barnstable County Registry of Deeds in Book 29921, Page 335, and
evidence of recordation was returned to the Zoning Board of Appeals' office. As we approach
the lapse date of this Decision, I am writing to request an extension of the Special Permit for an
additional 24 months. Although I am of the opinion that the recording of the Decision is
sufficient use of the Special Permit, my discussions with the Building. Commissioner have
resulted in an uncertain result. My client has been delayed due to the need to install a new Title
5 Septic System on site, as well as other legal issues affecting the owners. The Petitioners are of
the opinion that these impediments will be resolved and that the project can proceed. I hope that
you will agree that an extension for a Condominium Conversion Special Permit does not have
the same finality as the application for a building permit, and that there is no pressing need to
resolvethis matter forthwith. I thank you for your assistance in this matter, and hope that your
' . pence i•• \matter will be forthcoming.
T i 'ours,
' .ulRI. ,., RECEIVED
cc: Peter Cooney and Carole Lucas AUG 23 2018
Mark Grylls, Building Department
YARMOUTH
BOARD OF APPEALS
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DECISION
FILED WITH TOWN CLERK: August 15,2016
PETITION NO: #4655
HEARING DATE: August 11,2016
PETITIONER: Peter Cooney and Carole Lucas
PROPERTY: 27 Briar Circle,South Yarmouth,MA
Map& Lot#: 0025.337; Zoning District: R-25
Book/Page: 212698/51
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe,Bryant Palmer
and Dick Martin.
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
Register,the hearing opened and held on the date stated above.
The Petitioner seeks a Special Permit pursuant to Zoning Bylaw §104.4 for a use authorized under
Use Regulations Schedule §202.5 (A-12) in connection with property located at 27 Briar Circle, South
Yarmouth, Massachusetts. The property is an improved lot measuring approximately 14,392 square
feet upon which there is one two story apartment structure containing 2 units, and one 2 story
residential`structure which serves as the Petitioners home. The current lot coverage of the
property is approximately 17% and there are no changes proposed to the structures. The
Petitioner seeks to convert the duplex to a condominium form of ownership.
The Board was presented with the proposed Condominium Declaration of Trust together with the
Rose Arbor Condominium Master Deed. The Board also received an acknowledgement by Mark
Grylls, the Yarmouth Building Commissioner, that he had waived the necessity of conducting a Site
Plan Review meeting,pursuant to Yarmouth Zoning Bylaw Section 104.1.1.
No one appeared in opposition to the Petition. The Board reviewed the Petitioner's submission and the
provision of property management and was satisfied that the documents met the intent and
requirements of the bylaws. Further, the Board was satisfied that the grant of the requested relief
would not cause any undue nuisance or hazard and would not be more detrimental to the present or
future character of the neighborhood or Town.
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Accordingly, a Motion was made by Mr. Palmer, seconded by Mr. Martin,to grant the Special
Permit, as requested. The members voted unanimously in favor of the Motion.
No permit shall issue until 20 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 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,MGL c40A
§9)
Steven DeYoung, Chairman
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