HomeMy WebLinkAboutBOA Decision #4671 Unit 7 - Doc 1311150 - 12.20.16Doc21>311.150 12-20-2016 11:32
BARNSTABLE LAND COURT REGISTRY
0or��R COMMONWEALTH OF MASSACHUSETTS
_; .*"' "ro TOWN OFYARMOUTH
3 ��C BOARD OF APPEALS
Appeal 44671 Date: November 22, 2016
Certificate of Granting 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:
Mark S. Proshan and Renee Tallon
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, MA. Zoning District: R-25; Map & Lot#:0016.48-C7; Doc.#:1,123,798; Ctf#:
C355-7, 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.
Steven DeYobif, Chairman
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: November 1, 2016
PETITION NO: #4671
HEARING DATE: October 27, 2016
PETITIONER: Mark S. Proshan and Renee Tallon
PROPERTY: 29 Lewis Bay Boulevard, West Yarmouth
Map & Lot: 0016.48-C7; Zoning District: R-25
Certificate #: C355-7
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Bryant Palmer,
and Doug Campbell.
Notice of the hearing has been given by sending notice thereof to the Petitioners and all those owners of
property as required by Iaw, 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 Mark S. Proshan and Renee Tallon who were represented by Andrew Singer,
Esq. The Petitioners are seeking a further modification of Petition #3851, as modified in Appeals
#3920, 44439, and #4571, or a new Special Permit, all in accordance with the provisions of Sections
§104.3.2 and §203.5 of the Yarmouth Zoning By -Law, in order to construct a detached, two -car
garage with storage (future office) above 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.
A petition of support submitted by the nine (9) other Condominium Unit owners within the
Yarmouth Shores Condominium was submitted and included in the record. The Yarmouth
Conservation Commission submitted a Memorandum noting that the proposal (which is a
modification of a previous approval from the Conservation Commission) would need to be re -
reviewed to approve the modified plans.
After a question and answer period and discussion regarding the prior proposal from 2015 to
construct a larger, attached garage (which proposal was withdrawn without prejudice); the reduced
size, configuration, and use of the two-story, accessory garage structure; the driveway and parking
and access thereto; and the fact that there would be no change in the number of bedrooms in the Unit,
the Board found that the proposal to construct the detached, two -car garage with storage (future
office) above 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.
4n Motion made by Mr. Igoe, seconded by Mr. Campbell, the Board voted unanimously in favor of
granting a further modification of the Special Permit in Petition #3851, as modified in Petitions
#3920, #4439, and #4571, to authorize the construction of the garage structure as proposed with the
following conditions:
1. There shall be no living space in the garage structure, recognizing that the second floor may
be used for storage and future office use;
2. There shall be no plumbing or heat in the garage structure; and
3. The exterior of the garage structure shall be consistent with the architectural style of the
Unit 7 dwelling.
The Modified Special Permit for the construction of the garage structure is therefore granted with
conditions in accordance with the As -Built Plan by Sweetscr Engineering dated 9/19/2016 and
Elevation PIans by Kuhn -Riddle Architects Revised 8/26/2016 as presented.
1\o 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 riling 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, airman
2
Of ram; TOWN OF YARMOUTH
Town
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YAITACHEESE 1146 ROUTE 28, SOUTH YARMOUTH, MASSACH JSETTS 02664-445I Clerk
D Telephone (509) 398-2231 Ext. 1285, Fax (508) 398-0836
CERTIFICATION OF TOWN CLERK
I, Philip B. Gaudet, II1, 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 94671 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has becn
dismissed or denied. All appeals have been exhausted.
,,Philip _B. Gaudet, I ts,
Tclerk •k
ter... A
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register