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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 Tardif,Esq. Stacey A. Curley,Esq.
ptardif@tarchflaw.com tardiflaw.com www.tardiflaw.com scurley@.tardiflaw.com
REFER TO FILE NO.
September 6, 2019
Steve DeYoung, Chairman �
Yarmouth Zoning Board of Appeals _�_ E..
1146 Route 28
South Yarmouth, MA 02664 SEP i< 201
RE: Zoning Appeal—27 Briar Circle, South Yarmouth } LINK, `a R T n F t r
.._ �-
Peter Cooney and Carole Lucas - Petition#4655
REQUEST FOR EXTENSION (2d Request)
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.
In August of 2018, I requested that the Board extend the Special Permit for an additional
12 month period, which request was granted. The new expiration date of the Special Permit is
September 13, 2019. As we approach the lapse date of this Decision, I am writing to request an
extension of the Special Permit for an additional 12 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 clients have been delayed due
to their lender's apparent unwillingness to execute subordination documents which will protect
them and other unit owners should a foreclosure ever occur. The conversations with the lender
are ongoing and it is anticipated that this issue 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 indulgence in this matter will be forthcoming.
V yT11 Y rs,
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cc: Peter Cooney and Carole Lucas
Mark Grylls, Building Department