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RECEIVED
FILED WITH TOWN CLERK: August 20,2019
PETITION NO: #4814 SEP 1201g
BUILUIN RTMENT
HEARING DATE: July 25,2019 °y — —
PETITIONER: Albert G. Rose and Domenic Butera Revocable Trust
PROPERTY: 22 Jaybird Lane,West Yarmouth, MA (Butera)
22A Jaybird Lane,West Yarmouth, MA (Rose)
Map & lot#: 0039.30 (Butera) and 0039.31 (Rose);
Zoning District: R-25
Book/Page: 24931/128 (Butera); 28410/79 (Rose)
MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman, Sean Igoe,Dick Martin,
Thomas Nickinello,and Susan Brita.
The Petitioners are Albert G. Rose and the Dominic Butera Revocable Trust who
seek relief concerning Numbers 22 & 22A Jaybird Ln., West Yarmouth, MA,
property which is located in an R-25 Zoning District. The applicant seeks a Special
Permit under §104.3.5 (#2) to subdivide 1825.1 ft.2 and to convey it to an abutting
lot.
The Petition is very simple, needing only relief from the Zoning Board in order to
allow the plan's recordation. The lot from which the 1828.1 ft.2 is to be removed and
conveyed to the abutting lot consist of 83,677.8 ft.2 and houses only a single-family
residence. Adjacent to it is lot 9, Jaybird Lane which is irregular shape and which
will become more rectangular with the conveyance of the 1825.1 ft.2 sought by this
Petition. The conveyance of this portion of Lot 2 will not adversely affect anyone of
the abutters or other interested parties. In this instance, lot 9 will be significantly
enhanced while lot 2 will suffer only de minimis consequence. No one spoke in
favor of the Petition nor opposed to the Petition and no exhibits were received.
The Board was in agreement that the conveyance, as proposed by the request
contained within the application for Special Permit and a shown on the Plan of
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Land dated 9/14/18, Steven W. Rumba, Land Surveyor would cause no undue
hazard, nuisance nor congestion nor would be of any substantial detriment to the
existing or future character of the neighborhood or town. Accordingly, a Motion
was made by Mr. Martin, seconded by Mr. Nickinello to grant the Special Permit
without condition upon which, the Board voted unanimously in favor and the
Special Permit was, therefore, granted.
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 S. DeYoung, Chairman
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