HomeMy WebLinkAbout29 Sunset Pines AppTOWN OF YARMOUTH
BOARD OF APPEALS
APPLICATION FOR HEARING
ERK
32IJOIN, 2=, :_=ate; `
Appeal#: Q� Hearing Date: - Fee$Z� ,69
4
Owner -Applicant: CIPJDA- L, p/4i5mo
(Full Names- including d/b/a)
(Address) U (Telephone Number) (Email Address)
and is the (check one) Owner 0 Tenant 0 Prospective Buyer 0 Other Interested Party
Property: This application relates to the property located at: 16 tal.
and shown on the Assessor's Map #: as Parcel#: 41
Zoning District: R-yy If property is on an un-constructed (paper) street name of nearest cross
street, or other identifying location:
Project: The applicant seeks permission to undertake the following construction/use/activity
(give a brief description of the project. i.e.: "add a 10' by 15' deck to the front of our house" or
"change the use of the existing building on the property"):
RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals:
1) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING
ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason
for reversal and the ruling which you request the Board to make.
2) SPECIAL PERMIT under § of the Yarmouth Zoning By-law and/or for
a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 .(use
space below if needed)
3} VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-Iaw from
which relief is requested, and, as to each section, specify the relief sought:
Section: Relief sought:
Section: Relief sought:
Section: Relief sought:
ADDITIONAL INFORMATION: Please use the space below to provide any additional
information which you feel should be included in your application:
FACT SHEET
Current Owner of Property as listed on the deed (if other than applicant):
a
Name & Address
Title deed reference: Book &Page# � 3 I fO. or Certificate #
Land Court Lot # Plan # (PYovide copy of recent deed)
Use Classification: Existing: 51W61& tU/ G�iugL(iww§202.5 9 # /
Proposed: It §202.5 # if.
Is the property vacant: 1V d If so, how long?:
Lot Information Size/Area: 0Ian Book and Page / Lot#
�3 crrltp�
Is this property within the Aquifer Protection Overlay District? Yes No
Have you completed a formal commercial site plan review (if needed)? Yes No
Other Department(s) Reviewing Project: Indicate the other Town Departments which are/
have/ or will review this project, and indicate the status of their review process:
Repetitive Petition: Is this a re -application: Ab If yes, do you have Planning Board
Approval?
Prior Relief: If the property in question has been the subject of prior application to the Board of
Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available
information. Include a copy of the decision(s) with this application:
Building Commissioner Comments:
Applicant's /Attorney /Agent Signature
Address: 1� i_ _ 1 r
Aer?,�'IsS-ignJa-T'u-re
Signature
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Bk 23251 P 9 196
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DEED
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR
DOWNEY 2005-AR1
For Consideration of Three Hundred Thirty Five Thousand Dollars ($335,000.00) paid
grant to LINDA PRESTON and THELMA PRESTON, of 288 Main Street,
Dennisport, MA 02639, as Joint Tenants
With QUITCLAIM Covenants
The land with the buildings thereon situated in Yarmouth (South), Barnstable County,
Massachusetts, bounded and described as follows:
Commencing at a point on the Westerly side line of Station Avenue
Thence Southeasterly by Station Avenue, 121.28 feet to a point;
Thence Southwesterly by Lot 5 as shown on a plan hereinafter mentioned 111.27 feet;
Thence Northwesterly by a 40' way, 64.62 feet;
Thence by an arc, 83.52 feet with a radius of 60.37 to a point;
Thence Northeasterly 48.98 feet;
Thence by an are, 47.35 feet with a radius of 25.00 to the point of beginning.
Containing an area of 16,310 square feet of land, more or less and being shown as Lot
No. 4 on a plan of Sunset Pines in South Yarmouth, Mass. owned by Susan M. Pratt
Scale I" equals 40' May 10, 1956 Newell B. Snow Eng'r and duly recorded in Barnstable
County Registry of Deeds in Plan Book 130, Page 7.
The above -described property is subject to and has the benefit of all rights, restrictions,
reservations, easements and rights of way of record, insofar as the same are still in force
and applicable.
For Title please see Book 22020 Page 164.
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WITNESS my hand and seal this& day of October, 2008.
Deutsche Bank tiaf7Dno-1 Trus+ Company
By it's Attomey-in-fact O's rrus k c .
Central Mort age o.
ovy: Lou Anu HowardVimPresident
CENTRAL MORTGAGE CO
ATTORNEY iN FACT
LOU ANN HOWARD
SR VICE PRESIDENT
County , ss
On this day of October, 2008, before me, the undersigned notary public,
personally appeared Lou Ann Howard, Vice President, proved to me through satisfactory
evidence of identification, which was a to be the person whose name is
signed on the attached document, and acknowledged to me that she signed it voluntarily
for its stated purpose.
Maa Notary b 'c
Y SrF�y'f.�, omission
Expires:
A. SKI G°,,,�`�'
r!�lrgl us�uj5'S
BARNSTABLE REGISTRY OF DEEDS
YARMOUTH BOARD OF APPEALS
ABUTTERS LIST
Petition# Q Name 1_1e
Filing Date: Hearing Date:
Property Location:
F OZ 64( /
Notices must be sent to the petitioner (applicant), abutters, and owners of land directly opposite
on any public or private street or way, and abutters to the abutters (only within 300 feet of the
property line) of the petitioner as they appear on the most recent applicable tax list. Provide only the
abutters map and lot number . Postage charges for all applications will be determined by
multiplying the number of abutters (and the parcel Win (uestion) times .56e, which is the
current cost for the two required mailings. Add that to the application fee and include your
check with the application.
Map Lot Number Map Lot Number
Number Number
Applicant #
Abutters #'s
2 Labels-1 Hard Copy
Assessors Field Card with photo
Andy Machado, Director of Assessing
Page 2 of 2
/69/20///
105 STATION AVE
Owner:
GRIIvMS ROBERT W
105 STATION AVE
SOUTH YARMOUTH, MA 02664
cation:
69/ 19/ / /
SUNSET PINES RD
Owner:
PRESTON LINDA
298 MAIN ST
DENNIS, MA 02639
�,ocation:
69/ 2V / /
STATION AVE
Owner:
TOWN OF YARMOUTH
1146 ROUTE 28
SOUTH YARMOUTH. MA 02664-4463
V//Location:
69/ 173/ / /
91 STATION AVE
Owner:
THOMAS, JOHN A
THOMAS, BARBARA J
11 PLAINFIEL.D AVE
SHREWSBURY, MA 01545-5713
Location:
69/ 108/ / /
STATION AVE (OFF)
Owner:
ROMN CATH BISHOP OF FALL RIVER
CIO ST PIUS X PARISH
CLARA. ST
SOUTH YARMOUTH, MA 02664
http://ps.vgsi.comfYarmouthMAlAbuttersList.aspx?gisid=9980&abutids='9982','9978','996T; 9969... 9/6/2012
ggo3 r Pr&otl T13124
791 1131 1 1 691 221 ! 1
DENNIS YARMOUTH REG SCHOOL TOWN OF YARMOUTH
296 STATION AVE 1146 ROUTE 28
SOUTH YARMOUTH , MA 02664-3000 SOUTH YARMOUTH, MA 02664-4463
691 1061 r 1
COLGAN BETTY M
122 STATION AVE
SOUTH YARMOUTH, MA 02664-3012
691 151 ! 1
TOWN OF YARMOUTH
PARK DEPT WINGS GROVE PARK
1146 ROUTE 28
SOUTH YARMOUTH , MA 02664-4463
691 181 1 1
NEVULIS MICHAEL J
NEVULIS LORRAINE M
15 SUNSET PINES RD
SOUTH YARMOUTH, MA 02664
69/ 17/ 1 1
NEVULIS LORRAINE M
15 SUNSET PINES RD
SOUTH YARMOUTH, MA 02664
691 161 1 1
STAFFORD JOHN R
STAFFORD CONSTANCE
13 BEVERLY ST
OXFORD, MA 01540-1203
691 211 1 1
PRESTON LINDA TR
LINDA PRESTON TRUST
16 SUNSET PINES RD
SOUTH YARMOUTH, MA 02664
691 201 1 1
GRIMES ROBERT W
105 STATION AVE
SOUTH YARMOUTH, MA 02664
691 191 ! 1
PRESTON LINDA
16 SUNSET PINES RD
SOUTH YARMOUTH, MA 02664
691 1741 1 1
SOZANSKISTEVEN M
SOZANSKI DIANE M
138 INDIAN MEMORIAL DR
SOUTH YARMOUTH , MA 02664.4212
691 1731 1 1
OLOUGHLIN MARYELLEN
OLOUGHLIN RYAN
11 MOUNTAIN VIEW RD
SHREWSBURY , MA 01545
691 1081 1 1
ROMAN CATH BISHOP OF FALL RIVER
CIO ST PIUS X PARISH
PO BOX 2577
FALL RIVER, MA 02722
Please use this signature to certify this list of properties
abutting within 300' of the parcel located at:
16 Sunset Pines Rd., South Yarmouth, MA 02664
Assessors Map 69, Lot 21
Andy Michado, Director of Assessing
Bk 2-6798. Ps215 *62596
1[3XO=SSa
TOWN'OF YARMOLrM
0 y BOARD OP APPEALS
DECISION 1t€pll7r1ail CLl`RK
rrA�*
1120tC•f5W4:17 REC
FnM WITH TOWN CLERK: October 5, 2012
PETITION NO: #4412
MARINGDATE: September27,2012
PETITIONER: %inda Preston
PROPERTY: 16 Sunset Pines Road, South Yarmouth, MA
Map'& Parcel: 0069.21; Zoning District: R-40
Book & Page: 23251/196
MEMBERS PRESENT AND VOTING: Steven DeVoung, Chairmaai Joseph Sarnosky, '
Sean Igoe, Debra Martln., Bryant Palmer. and John Richards (Non -voting Alternate).
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of
A property as required by law, and to the public by posting notice of the hear );g-and publishing in The
Register, the hearing opened and held on the date stated above.
The Petitioner is Linda Proton who seeks a Special Permit under Zoning By-law §103:2 for• relief
under §202.5 (08) aad as provided for by footnote 12'. Petitioncds property is located at 16 Sunset
Pines Road, South Yarmouth, MA, property.in an•R-40 Zoning District. She seek pmmission to'
operate a massage therapy,, energy healing, counseling and meditation service at the property location
which will be owner occupied
The Petitioner presented eloquent correspondence explaining her request and supported by five (5)
pages of photos, etc. This was manned as Exhibit 1. No other.exhiibits were received ,
In addition} the Board had previously received 'various a -mails (Building Inspector, Board of Health),
together with correspondence from Rob Crrimes and Ralph Mendoza of 105 Station Avenue and
Constance Stafford of 139 Iod;an Memorial Drive, both in support of the Petition.
The Petitioner spoke, as did Mr. Aalph Mendoza. No one spoke in opposition to the Petition.
The Petitioner explained that her business activity would be limited to her own, direct, efforts and
confined to the ground floor interior room as shown on her diagram of the floor plan of the residence. '
While not a requirement of this decision, -the Petitioner is reminded that she is required to have a State
Massage License, a Massage Business License and approval of the Yarmouth Board of Hea•ith and a
Use and Occupancy determination from the Yarmouth Building Inspector.
i
Bk 26798 Pg 216 #62596
The Board.generaliy concurred with the Petitioner that the use was low impact and not likely to even
be noticed by the neig� The site offered ample parlang, particularly in light of the conditions of
the grant It was noted and so fvead drat=the Petitioner adequately demonstrated that no undue
nuisance hazard or congestion will •be created by .the grant of the relief sought nor would any
substantial harm to the established or future character of the neighborhood or Town occur.
Accardingiy, on Motion made by Ms. Martin, seconded by Mr. Palmer, it was i na oiisly•voted to
approve the Petition for Special Permit upon the following conditions:
1) Business use and activity be limited to the fast floor
of the residence only;
2) That there be no business activity
conducted in the exterior of the residence;
3) That time Petitioner be the only one to conduct
business at the site and there be no other employees
of the business at this site;
. • 4) That Petitioner stagger appointments so as to avoid
having two clients vehicles at the site at any one time.
5) That the Petition be reviewed witliln one year of its inception
at this location so as to assure that the Petitioner has
complied -with these conditiozis and that the business has not
bad an adverse effect upon the neighborhood.
No permit sball issue unW 24 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 shah be made pursuant to MGL c44A section 17 and angst be filed within 20 days .
after filing of this notice/decision with thi Town Clerk. Unless otherwise provided herein, the Special
Permit shall Lapse If s substantial we thereof has not begun within 24 months. (See bylaw, MGL c44A
§9)
Steven VeYoung, CbAcakn.
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