HomeMy WebLinkAboutBOA Decision #4561 Various Units - Doc 1,260,450- 12.18.14Doc"1*260Y450 12-18-2014 8=51
BARNSTABLE LAND COURT REGISTRY
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal #4561 Date: December 11, 2014
Certificate of Grantinn of a Sneeial 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:
Patricia Harrington and Bernard R. Tromblay (Unit lA}
Darryl Kusek (Unit 1B)
Judith A. Basile, Trustee of the Judith A. Basile Revocable
Living Trust (Unit 2)
David )uskow and Karen Goldrich) skow (Unit 5)
Pamela M. Hill (Unit 9)
Affecting the rights of the owner with respect to land or buildings at: 29 Lewis Bay Boulevard,
West Yarmouth. Map & Parcel: 0016.48411A, 0016.484C1B, 0016.48-2, 0016.48-5,
and 0016.48-9; Zoning District: R-25: Certificate #s: C3554A, C355-iB, C3554, C355-5,
and C355-9; 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.
teven DeYot ,Chairman
FILED WITH TOWN CLERK:
PETITION NO: #4561
TOWN OF YAItMOUTII
BOARD OF APPEALS
DECISION
November 20, 2014
HEARING DATE: November 13, 2014
PETITIONERS: Fatrfcia ICarringfon and Bcrnard R. Tromblay (Unit lA)
Darryl Kusek {Unit IB}
Judith A. Basile, Trustee of the Judith A. Basile Revocable
Living Trust (Unit 2)
David Eskow and Karen Goldrich Eskow (Unit 5)
Pamela M. Hill (Unit 9)
PROPERTY: 29 Lewis Bay Boulevard, West Yarmouth
Map & Parcel: 0016.48-11.1A, 00I6A8-1k,1159 0016.48-2, 0016.48-5,
and 0016.48-9; Zoning DIstrict: R-25
Certificate #s: C355-1A, C3554131 C355-2, C355-5, and C355-9
MEMBERS PRESEN?' ANll YOTING: Steven DeYoung, Chairman, Sean Tgoe, Debra Martin,
Bryant Palmer, and Chuck Hart
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of
property as required bylaw, 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 Petitioners are Patricia Harrington and Bernard R. Tromblay (Unit IA), Darryl Kusek (Unit IB),
Judith A, Basile, Trustee of tfie Judith A. Basile Revocable Living Trust (Unit 2), David Eskow and
Karen Goldrich Eskow (Unit 5), and Pamela M. I lilt, each of whom was well represented by Andrew
Singer, Esq., and Martin T. Reilly of Reilly Associates. The Petitioners are seeking an amendment to
Petition #3851, as amended in Petition #3920, in accordance with the provisions of § 104.3.2 and
§104.4.1 of the Yarmouth Zoning By -Law as necessary, to modify Condition 1 therein in order to
allow Units 1 A, 1 B, 2, 5, and 9 of the Yarmouth Shores Condominium at 29 Lewis Bay Boulevard in
West Yarmouth to be used for year round residential use and to eliminate the existing language
limiting use of these Units to seasonal use with a requirement to annually remove water meters and
file confirmation of the same with the Building Department.
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. All of the other owners
in the Yarmouth Shores Condominium support the proposal. Sam Hammer, a resident of the
Condominium, spoke in support of the proposal. Thomas Maloney, a neighborhood resident across
the street, spoke in opposition to the proposal.
After a question and answer period and discussion regarding the wastewater treatment system and
density, including review of a letter submitted by wastewater Treatment Services, Inc., the operator
of the on•site septic system, the fact that the Units are only limited from use at present for three
months of the year (December, January, and February), that winter use is not the busy season at the
Property and in the neighborhood, and that the majority of the Condominium is already permitted
year round use and there will be an overall reduction in the number of units and bedrooms on the
property as a result of the Board's action in Petition #4560, 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. Hart, the Board voted unanimously in favor of the
Petition as submitted to modify Condition I of the prior Special Permit to replace the existing
language of the Condition in its entirety with the following: "Units IA, I B, 2, 5, and 9 may be used
for year round residential use." The further modification of the Special Permit is therefore granted
in accordance with the plans presented.
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 By-law §103.2.5, MGL c40A §9)
Steven DeYoung, C�1rr(W
2
TOWN OF YARMOUTH
Town
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 026644451 Clerk
Telephone (508) 398-2231 Ext, 1285, Fax (508) 398-0836
CF,i2TIFICATIQN OFTOWN CI.1✓)2K
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 #4561 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. Gaudet, II
Town Clerk .
BARNSiABIE REGISTRY fii• DEEDS
1o6n F. Meade, Register