HomeMy WebLinkAboutBOA Decision #3916&3920 - Doc 983,239 - 10.19.04Don, a ?83 7 23? 10--1 5�1-2004 11 : 29
BARNSTABLE LAND COURT .-R.EGI-STRY
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Appeai #3916
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: September 30, 2004
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, section 11)
To: CC holdings, LLC dba Yarmouth mores
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Address: 29 Lewis Bay Boulevard
r
N Town: West Yarmouth, MA 02673
s Affecting the rights of the owner with, respect to land or buildings at: 29 Lewis Bay
Boulevard, West Yarmouth. Assessor's Map & Lot: 16.48 (12/T65, Zoning District: R25 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 that 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.
David S. Reid, Chairman
CHEF TIT LE EXiA
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: September 9, 2004
PETITION NO. 43920
HEARING DATE: August 26, 2004
PETITIONER: CC Holdings, dba Yarmouth Shores
PROPERTY; 29 Lewis Bay Boulevard, West Yarmouth
Assessors Map & Lot: 16.48 (1.2/T6) Zoning District: R25
MEMBERS PRESENT AND VOTING: David Reid, Chairman, John Richards, Joseph
Sarnosky, Sean Igoe, Diane Moudouris, and Debra Martin, Alternate.
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 petitioner seeks to modify a previously granted Special Permit, #3851-2003, or in the
alternative, to grant additional relief to allow two (2) existing dwellings to be replaced, rather
then renovated, as previously allowed.
The property is in the R25 zone. The site contains numerous residential buildings, was the
subject of a lengthy hearing and decision, #3851 (2003), which is incorporated herein by
reference for its background of the site and the project proposed. As part of that decision,
Buildings #5 & #7 were to be substantially renovated. The petitioner now seeks to modify that
relief by allowing buildings # 5 & #7 to be completely replaced, rather then just renovated. As to
building #5, the petitioner suggests to the Board that the plan was always to replace this building,
but it was inadvertently described as a renovation during the hearing and decision. As to
building #7, a more through review of the buildings structure and renovation plans, has
demonstrated that a complete replacement is a more practical alternative to a major renovation.
In the case of each building, the design will be identical, except for a few architectural and
accessory features, (such as window and door placements and styles), to the plans approved by
this Board in the original decision. No change in size, height, location, foundations or overall
design is requested at this time. The only modification now sought is the reclassification of the
Special Permit from a renovation to a replacement permit.
The petitioner requests the composite site plan, dated June 11, 2003, with revisions through May
20, 2004, be accepted by the Board, as being in compliance with the Boards said 2003 decision.
This plan adds the new dwellings and the landscaping on to the site plan, as requested.
The Board finds that the substitution of "replacement" permits for the "renovation" permit will
not materially alter the basis for the Boards prior decision nor require further modification of the
decision. The Board also finds that the aforesaid site plan is in compliance with the Boards
original decision.
Therefore a motion was made by Mr. Igoe, seconded by Mr. Sarnosky, to grant so much of the
petition as request a modification of Decision #3851, to allow the replacement, rather then
renovation, of Buildings #5 & #7, which buildings will otherwise comply with the plans and
specifications of that decision, and to accept the May 20, 2004 revisions to the site plan. The
members voted unanimously in favor.
A second motion was made to grant the petitioners request to withdraw without prejudice, the
balance of the petition. The members voted unanimously in favor of this motion.
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,
the Special permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw § 103.2.5, MGL c40A §9) Unless otherwise provided herein, a Variance shall lapse if the
rights authorized herein are not excised within 12 months. (See MGL c40A § 10)
David S. Reid, Clerk--,.
N
TOWN OF YARMOUTH Town
Clerk
1146 ROUTE 28 SOUTH YARMOUTH, MASSACHUSETTS 02664-24451
Telephone (508) 398-2231 ext. 213 Fax (508) 398-2365
CERTIFICATION OF TOWN CLERK
1, Jane E. Hastings, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed
since the fling with me of the above Board of Appeals decision #3920 and 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.
ane E. Hastings, CM
Town Clerk