HomeMy WebLinkAbout08-12-21 Decision 4908 - 2 Shore Side DrRM0Ulf H T 071WN Gir1=IIN'
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
September 28, 2021
4908
August 12, 2021
Mark & Andrea Quinlivan
2 Shore Side Drive, South Yarmouth, MA
Map 26, Parcel 1
Zoning District: R-25
Title: Book D1142837, Page 0
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Richard Martin, Richard
Neitz, Tom Baron and Megan Horner.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all 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 seeks a Special Permit pursuant to Zoning Bylaw § 104.3.2(2), or in the alternative, a
Variance per §203.5 for front and side setback relief in order to raze and replace a preexisting/non-
conforming shed. The Property is located in the R-25 Zoning District and the lot consists of
17,424 square feet.
No one spoke either in favor or against the Petition and no exhibits were received at the hearing.
The Board recognized the hardship of having a corner lot in terms of the location of the shed. The
Board agreed that the current location is the best place for the new shed, and that the design was in
good taste and appropriate. The Board was satisfied and agreed that the proposal would not be
substantially more detrimental to the neighborhood, zoning district, or Town than the current state
of the project, nor create any undue nuisance, hazard or congestion. Accordingly, a motion was
made by Mr. Martin, seconded by Mr. Neitz, to grant the Special Permit, as requested, with the
condition that it not be habitable space.
Roll call vote was taken on this Motion with the following results:
Mr. Martin -
In Favor
Mr. Neitz -
In Favor
Mr. Baron -
In Favor
Ms. Homer - In Favor
Mr. DeYoung - In Favor
Accordingly, the Special Permit was approved on a 5-0 vote in favor.
The Petitioner requested to withdraw the request for a Variance, and Mr. Baron moved that this
request be allowed, without prejudice, to which Mr. Martin seconded. A roll call vote was five in
favor, zero opposed, so the Variance was allowed to be withdrawn, without prejudice
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)
Steven DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. 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 #4908 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.
Mary A. Maslowski
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4908 Date: October 19, 2021
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 & Andrea Quinlivan
2 Shore Side Drive
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 2 Shore Side Drive, South Yarmouth;
Map & lot#: 26.1; Zoning District: R-25; Book/Page: D1142837/0 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.
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Steven S. DeYoung, Chairman