HomeMy WebLinkAboutBOA Decision #4569 - Unit 5 - Doc 1,264,130 - 2.27.15DQc:1r264r130 02-27-2015 11=41
F'ARNSTABLE LAND COURT REGISTRY
COMMONWEALTH OF MASSACHUSBTTS
TOWN OF YARMOUTH
Appeal #4569 Date: Irebruary 25, 2015
Certificate of Granfin� of a Snecial Permit
(General Laws Chapter 40A, section 11)
The Board of Appeals of the ToYvn of Yarmouth Massachusetts hereby certifies that a
Special Permit has been granted to:
David Eskow and Karen Goldrich Eskow
29 Lewis Bay Boulevard
West Yarmouth, MA 02673
Affecting the rights of the owner with respect to land or buildings at: 29 Lewis Bay Boulevard,
West Yarmouth. Map & Lot#: 0016.48.C5; Zoning District: R-25, Certificate 9:055-5
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 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.
FILED WITH TOWN CLERK:
PETITION NO: #45b9
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
February 4, 2015
HEARING DATE: January 22, 2Q15
PETITIONER: David Eskow and Karen GoldrFch Eskow
PROPERTY: 24 Lewis Bay Boulevard, West Yarmouth
Map & Parcel; 0016.48-05; Zoning District: R-25
Certificate #: C355-5
MEMBERS PRESEA`T AND VOTING; Steven DeYoung, Chairman, Sean Igoe, Chuck hart,
and Doug Campbell
Notice of the hearing has been given by sending notice thereof to the Petitioners and at] those otimers 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 Petitioners are David Eskow and Karen Goldrich Eskow who were well represented by Andrew
Singer, Bsq. The Petitioners are seeking a modification ofPetition t{385 t, Condition 12, as modified
in Petitions #3920 and #4561, and/or a new Special Permit, all in accordance with the provisions of
Sections 104.3.2 and 104.4.1 of the Yarmouth Zoning By -Law, in order to complete an interior build -
out of the second -floor attic space within their Unit 5 for home office and exercise room use with
no exterior building changes other than two new windows and to reconfigure and extend an
existing fenced rinse station on the west side of their Unit within their Exclusive Use Area of the
Yarmouth Shores Condominium at 29 Lewis Bay Boulevard in West Yarmouth all as shown on the
submitted plans.
Letters of support from the nine other Condominium Unit owners within the Yarmouth Shores
Condominium were submitted and read into the record. Thomas Maloney, a neighborhood resident
across the street, spoke with questions about the proposal.
After a question and answer period and discussion regarding the size, configuration, and use of the
expanded rinse station and its separation from the adjacent, detached Condominium Unit as well as
regarding the size and number of rooms in the existing Unit, the configuration, layout, and proposed
use of the interior build -out, the dimensionally -conforming nature of the proposal, the original
approval for the Condominium, and the fact that there would be no change in the number of
bedrooms in the Unit, 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. Hart, seconded by Mr. Doug Campbell, the Board voted unanimously in
favor of the Petition to grant a Special Permit for the expansion and reconfiguration of the rinse
station and to modify Condition 12 in Petition ##3851, as modified in Petitions 43920 and #4561, to
complete an interior build -out of the second floor within Unit 5 subject to the following conditions:
The second floor of the building shall not be used as a bedroom;
2. The modification o£Condition 12 allowing build-ouz and use of the second floor o£
the building shall be personal to the Petitioners; and
3. The bathroom and closet depicted on the Petitioners' plan for the portion of the
second floor closest to the stairs shall be eliminated, and this area shall be one large
room.
The Special Permit for the rinse station and the Modified Special Permit for the second -floor build -
out are therefore granted in accordance with the plans presented as conditioned herein.
Na permit shall issue unti120 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 Cleric. 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)
TOWN OF YAKIVIUU'TH
Town
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk
Telephone (508) 398-2231 Ext. 1285, pax (508) 398-0836
CIiRTIFICATION OF TOWN CI,FRK
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 #4569 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.
�f
Philip'B. Gaudet, III
Town Glerk . r
BARNSTABIE REGISTRY OF DEEbS
John F Meade, Re�(ster