HomeMy WebLinkAboutDecision 4765 Bk 31561 Ps95 :48007
09-28-2018 a 09 : 56a
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.0',Ciro TOWN OF YARMOUTH
1 •, -rx C BOARD OF APPEALS
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FILED WITH TOWN CLERK: September 6,2018
PETITION NO: #4765
HEARING DATE: August 23,2018
PETITIONER: Michael P. Zamarro
PROPERTY: 148 Berry Avenue,West Yarmouth
Map & lot#: 0022.260.1; Zoning District: R-25
Book/Page: 30003/307
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman,Sean Igoe,Dick Martin,
Thomas Nickinello,Susan Brita and Tom Baron(nonvoting)Alternate.
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, Michael Zamarro, seeks relief in connection with property he owns at 148 Berry
Avenue, West Yarmouth, MA which is located in an R-25 Zoning District. Specifically, he seeks a
Special Permit in order to build a detached garage for housing of more than three vehicles.
The Petitioner demonstrated to the satisfaction of the Board that, if relief was granted, no undue
nuisance, hazard or congestion would result nor would there be any detriment to the present or future
character of the neighborhood or Town.
From the audience, Mr.Thomas Locke of 25 Winchester Avenue, spoke in support of the project.
Mr. Igoe moved and Mr. Martin seconded that the relief requested be granted on the following
conditions: 1) that the structure be located as shown on the Petitioner's site plan; 2) that the roof pitch
be no less than 7/1; 3) that as much natural vegetation as possible remain; 4) that the building conform
to the design as depicted in what was marked as Exhibit 1; 5) that the Petitioner provide and file "as
built"plans upon completion of the construction.
On this Motion, the Board voted unanimously in favor and the Special Permit was, there, granted.
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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,thiairman
2
of•Yqk , COMMONWEALTH OF MASSACHUSETTS
�F._ '�a TOWN OF YARMOUTH
[ BOARD OF APPEALS
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Appeal#4765 Date: September 27,2018
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special
Permit has been granted to:
Michael P. Zamarro
7 Wesleyan Street .
Shrewsbury, MA 01545
Affecting the rights of the owner with respect to land or buildings at: 148 Berry Avenue, West
Yarmouth. Map & lot#: 0022.260.1; Zoning District: R-25; Book/Page: 30003/307 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.
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S even DeYourla,.Chairman
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,..,. .ii-----,; --,te' = TOWN OF YARMOUTH
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S.li =' 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 Clerk
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Telephone(508) 398-2231 Ext. 1285,Fax(508) 398-0836
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CERTIFICATION OF TOWN CLERK
I, Philip B. Gaudet, III, 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 #4765 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.
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BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register