HomeMy WebLinkAboutRequest for Extension (Decision 4655) 08-23-2018 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 Tardif,Esq. Melissa G.MacLeod,Esq.
ptardif@tardiflaw.corri www.tardiflaw.com melissa@tardiflaw.com
REFER TO FILE NO.
August 23, 2018 RE V E D
Steve DeYoung, Chairman AUG 27 2010
Yarmouth Zoning Board of Appeals
1146 Route 28BUILDING DEPARTMENT
By
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
resolve this matter forthwith. I thank you for your assistance in this matter, and hope that your
O' I :ence h + 'smatter will be forthcoming.
T , i I ours,
IRIS..
cc: Peter Cooney and Carole Lucas
Mark Grylls, Building Department