HomeMy WebLinkAboutBOA Decision #4560 Unit 3 - Doc 1,260,449 - 12.18.14DOaZir26OP449 12-18-2014 8=51
BARNSTABLE LA14D COURT REGISTRY
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal #4560 Date: December 11, 2014
Certificate of Grantine 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:
Jenny L. Hanmer
29 Lewis Bay Boulevard
West Yarmouth, MA 02673
Affecting the rights of the owner with respect to land or buildings at: 29 Lervis Bay Boulevard,
West Yarmouth. Map & Lot#: 0016.48-C3A and 0016.48-0B; Zoning District: R-251
CtUh C355-3A and C355-313; 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 1 I (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.
St6ven�U�eYOt� hai rman
v`i_IV20a� fl:fit:
FILED WITH TOWN CLERK;
PETITION NO: #456Q
TOWN OP YARMOUTH
BOARD Or APPEALS
DECISION
November 20, 2014
HEARING DATE: November 13, 2014
PETITIONER: .Tenny L. Hanmer
PRQPERTY: 24 Lewis Bay Boulevard, West Yarmouth
Map & Parcel: 0016A&C3A and 0016.4E-C3B; Zoning District: R-25
Certificate #s: C355-3A and C355-311
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Scan Igoe, Debra Martin,
Bryant Palmer, and Chuck Hart
Notice of the hearing has been given by sending notice ihereofto the Petitioner and ail 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 is Jenny L. Hanmer who was well represented by Andrew Singer, Esq., and Martin T.
Reilly of Reilly Associates. The Petitioner is seeking an amendment to Petition #3851, as amended
in Petition #3920, in accordance with the provisions of Sections 104.3.2 and 104.4.1 of the Yarmouth
Zoning By -Law as necessary, to modify Condition 4 therein in order to combine her Units 3A and
3B into one, two-story single-family residential unit with a reduction in the number of bedrooms,
alter the entry way, and construct an attached two -car garage located within her existing Exclusive
Use Areas of the Yarmouth Shores Condominium at29 Lewis Bay Boulevard in West Yarmouth.
Driveway access to the combined Units and new garage will be realigned, and half of the existing
parking in front of the Building will be removed and the area re -vegetated.
A Petition in support of the proposal signed by 23 residents of the neighborhood, one letter of
support, and one letter of opposition were submitted and read into the record. Ail of the other owners
in the Yarmouth Shores Condominium support the proposal. Thomas Maloney, a neighborhood
resident across the street, spoke in opposition to portions of the proposal.
After a question and answer period and discussion regarding the footprint size of the new
construction, the nety front portico, the fact that ail of the proposed construction wilt conform to the
dimensional setback requirements of the Zoning By -Law, the relocation of an existing fire hydrant,
density on the property, and the reduction in number of bedrooms in the combined Unit from seven
down to five, the Board found that the proposal will not be substantially more detrimental to the
neighborhood, Zoning District or Town than existing conditions and that it would not cause or
contribute to any undue nuisance, hazard or congestion.
On Motion made by Mr. Igoe, seconded by Mr. Palmer, the Board voted unanimously in favor of the
Petition as submitted to Modify Condition 4 of the prior Special Permit to combine the two Units,
eliminate two bedrooms, and construct the garage addition and portico with the condition that the
Petitioner obtain approval from the Yarmouth Conservation Commission as required for the
proposal. The further modification of the Special Permit is therefore granted in accordance with the
plans presented.
No permit shall issue unti120 days from the filing of this decision whit 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 lay -law §103.2.5, MGL c40A §9)
Steven'DeYoung, Ch ' an
TOWN OF y ARMIL) UTH
Town
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 026644451 Clerk
Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836
CTRTIPICATION OT TOWN CLFI2K
I, Philip B. Gaudet, TIT, Town Clerk, Town of Yazmouth, cto hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision N4560 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.
Philip B. Gau et, ITT
Town Clerk
BARNSTABIE REGISTRY OF DEEDS
John F, Meade, Register