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TOWN OF YARMOUTH
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Board of
Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 Appeals
MEMORANDUM TO FILE
PETITION 4909
December 9, 2021
Members Sitting: Steve DeYoung, Chairman, Sean Igoe, Jay Fraprie and Tim Kelley
PETITION #4909: Elaine Hintsa Collins, John M. Marceline, and Charlotte Collins 87
Stratford Ln., Yarmouth Port. Map & lot#: 135.44; Zoning District: R-40. The applicant seeks
an after -the -fact Special Permit per §407 for an accessory apartment.
Members Sitting: Steve DeYoung, Chairman, Sean Igoe, Jay Fraprie and Tim Kelley
This matter came before the Board as a Petition seeking relief from the violations as
found by the Building Commissioner and first noticed to the Petitioners in August, 2020. Ms.
Hintsa Collins was the only party to appear on behalf of the Petitioners. It took slightly less than
one year following their original Violation Notice for the Petitioners to seek approval for a
family related accessory apartment, which was the subject of the Violation Notice.
The initial hearing was held on August 12, 2021 when. Ms. Hintsa Collins appeared and,
frankly, was unprepared. Board members attempted to explain to Ms. Hintsa Collins the reason
why the Special Permit could not be granted and invited her back for a further hearing so that she
could produce those documents necessary for the Board to fully consider the Petition.
On September 23, 2021 Ms. Hintsa Collins again appeared before the Board, unprepared
and despite having an email received by Dawn -Marie Flett, which explained what needed to be
presented to the Board, i.e., a plan that confirmed that the square footage of the apartment did not
exceed the requirements of By -Law Section 407. As Ms. Collins was not prepared to go forward
on September 23, 2021, the Board agreed to extend the hearing date to December 9, 2021 to give
her more than ample time to provide the Board with what it required in order to consider the
Petition.
The matter was placed on the agenda for the December 9, 2021 hearing, as per the
Extension Agreement between the Board and Ms. Hintsa Collins. Ms. Hintsa Collins failed to
appear. She had sent correspondence dated December 3, 2021, again requesting a continuance
and affirming that the request was based upon a lack of completion of the material required by
the Board. The requirement of the Board was, as indicated, a simple plan showing the precise
square footage of the family related apartment.
Mr. DeYoung spoke of his unwillingness to consider further continuation and expressed
to the other Board members his rationale and the frustration caused by this unprepared Petitioner.
After substantial discussion, Mr. Fraprie moved and Mr. Igoe seconded a motion to deny the
request for a continuance and to dismiss the Petition, without prejudice. The Board voted in
favor of this motion 4-0.
12/30/2021