Decision #4859 Doc:1,411,093 11-05-2020 1:21
of.Y''k, COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
o,
}0H BOARD OF APPEALS
7.
Appeal#4859 Date: October 27,2020
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:
Samib T.Homsi and Carmela Homsi
2 Swandale Drive
Mendon,MA 01756
Affecting the rights of the owner with respect to land or buildings at:186-190 Seaview Avenue,
South Yarmouth,MA;Zoning District:R-25;Map&Lot#:0019.93;Doc.#:787,379;Ctf.#:
155884—Lots 4,5 and 6 on LCP No.11622-A-3(Sheet 2)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 S. ung,Chairman
Doc:1,411,093 11-05-2020 1:21 Page 2 of 4
Q4Yq RECEIVED
O TOWN OF YARMOUTH OCT F 262II
ic
St.1-`G BOARD OF APPEALS0y'r-1� `. ifp': DECISION TOWN CLERK�i SOUTH YARMOUTH,MA
FILED WITH TOWN CLERK: October 6,2020
PETITION NO: #4859
HEARING DATE: September 24,2020
PETITIONER: Samih T.Homsi and Carmelo Homsi
PROPERTY: 186-190 Seaview Avenue,South Yarmouth,MA
Map&lot#:0019.93;Zoning District:R-25
Doc.#:787,379;Ctf.#:155884-Lots 4,5 and 6 on LCP No.11622-A-3
(Sheet 2)
MEMBERS PRESENT AND VOTING: Steven S.DeYoung,Chairman,Sean Igoe,Dick Martin,
Thomas Nickinello,Richard Neitz and Tom Baron,Alternate.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of j
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 seeks a Special Permit under Section 104.4.1 to convert the three(3)building five(5)
residential unit property to a condominium form of ownership.
The property located at 186-190 Seaview Avenue in the R-25 Zoning District contains approximately
19,475 square feet of land containing two(2)duplex structures and one(1)single-family structure for
a total of five(5)dwelling units. The structures were built between 1946 and 1950 and as represented
by the Petitioner have been used both seasonally and year-round for residential purposes. The
property contains a Title 5 Septic System which has recently passed a septic inspection.
Petition is requesting the Special Permit in order to convert the form of ownership to a condominium
whereby each of the five(5)units may be owned separately.
The Board finds that the proposed conversion meets the requirements for a Special Permit under
Section 103.2.2 in that no undue nuisance,hazard or congestion will be created by the conversion and
that there will be no substantial hats to the established or future character of the neighborhood or
Town. No changes are proposed to the property itself and it will continue to be used for the same
purposes as prior to the conversion with no new bedrooms resulting. Adequate parking exists on the
site and there is a proper functioning septic system in place.
The Board further found that there is no change in the use of the property in that five(5)seasonal
and/or year-round residential dwelling units will occur and that the form of Master Deed and
1
1
Doc: 1 , 411 , 093 11-05-2020 1: 21 Page 3 of 4
Condominium Trust, Site Plan and Floor Plan provided to the Board, which are being approved by the
Massachusetts Land Court, explicitly define the residential use, number of bedroom and number of
kitchens. In addition, proper management authority has been set forth in the Condominium Trust
which gives the Trustees the ability to manage, maintain and repair the common areas and facilities
including the grounds, septic system and water system, and the ability to assess the Unit Owners for
the costs of the same.
The Board expressed concern with the proposal to locate two(2)parking spaces immediately adjacent
to Seaview Avenue as well as the potential year-round use of what has historically been a seasonally
occupied property.
Motion was made by Mr. Igoe to grant the Special Permit with the following conditions:
1. Use and occupancy of the premises is restricted to the period of March 15 to November 15
of each year and the property shall be shut down and unoccupied during the remainder of the
time;and
2. A ten (10') foot wide vegetative buffer shall be maintained along the Seaview Avenue lot
line and such area shall be maintained with grass,trees, shrubs or other types of vegetation.
Motion was seconded by Mr. Martin and carries unanimously.
Therefore, by a roll call vote of 5 in favor and 0 opposed, the Special Permit is
hereby granted with the stated conditions:
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)
s
Stev S. DeYoun airman
•
2
Doc:1,411,093 11-05-2020 1:21 Page 4 of 4
41
----'-`)
TOWN OF YARMOUTH
Town
1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 Clerk
C
r Telephone(508)398-2231 Ext.1285,Fax(508)398-0836
CERTIFICATION OF TOWN CLERK
I, Mary Maslowski, 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#4859 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.
ya,
•
1',4
Mary Mas ki
,L t,,.
JOHN F. MEADE, ASSISTANT RECORDER
BARNSTABLE REGISTRY LAND COURT DISTRICT
RECEIVED 6 RECORDED ELECTRONICALLY