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HomeMy WebLinkAbout2013 May 10 - Board of Appeals Decision - Petition #4445 . o�''YA�t,� �"� '� _ `���G TOWN OF YARMOUTH p ._s� ^ , '_ .�� BOARD OF APPEALS `�'; � 4� . DECISION �TtACNE� FILED WITH TOWN CLERK: May 10,2013 PETITION NO. #4445 HEARING DATE: May 9,2013 PETITIONER: Betty J. Stewart PROPERTY: 24 Vineyard Street, South Yarmouth Map and Parcel: 0025.199; Zoning District: R-25 Re�istrv of Deeds Book& Page: 2854/298 MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Richard Neitz, Bryant Palmer and Robert Howard. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The Decision in Petition #4182 is well written and incorporated herein by reference. By Petition II�! #4220 the Petitioner received a modification of the rior relief allowin for occu anc of two ersons , p � g P Y P in up to 3 of the 5 units. This relief was scheduled to expire in 2013 as it was granted subject to a 5 year limitation. The Petitioner seeks to further modify the relief by extending the Variance for another 5 years. As the ; property has been reasonably run throughout its existence under the Petitioner's ownership; together ; with now being occupied by long-standing tenants, the Board felt the request was reasonable. ; However, in an effort to encourage the development of this property in conformity with applicable ' zoning,the Board felt that certain conditions should be imposed. Accordingly, on Motion made by Mr. Igoe, seconded by Mr. Neitz, the Board voted to extend the temporary Variance for an additional five (5)yeaz period on the same conditions as Decision#4182 as modified by Decision #4220 and on the further condition that the Petitioner provide to the Board and review with the Board complete plans for the redevelopment of this property so as to bring it into conformity with the then existing by-laws in no more than 2 years from date of this Decision. 1 , . . 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, a Variance shall lapse if the rights authorized herein are not excised within 12 months.(See MGL c40A §10) Steven DeYoung, Chairman ; � � ; � � � 2