HomeMy WebLinkAboutDecision 4389Appeal #4389
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BARNSTABLE LAND COURT REGISTRY
Prig 28791 Ps I80 ,'r"15186
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COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: May 29, 2012
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:
Lisbeth N, Kamborian
17 Pelham Terrace
Arlington, MA 02174
Affecting the rights of the owner with respect to land or buildings at,179 & 181 South
Street, South Yarmouth, MA Zoning District: RS-40; Map & Lot#: 0034.259.1 &
0034.259.2; Doc.#:1,021,228; Ctf.#:178781 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 that 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.
LA?4D COURT, -7- -N. The Land
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Bk 28791 Pg181 #15186
TOWN OF YARMOUTH
Town
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSEWS 02664-4451 Clerk
Telephone (508) 398-2231 East. 1285, Fax (508) 398.0836
CERTIFICATION OF TOWN CLERK
I, Jane E. Hibbert, 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 #4389 and 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.
t
J g,E. Hibbert, CMC/CMMC
Towti Clerk
'a,
Bk 28791 Pg182 #15186
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
1�
FILED WITH TOWN CLERK: May 8, 2012
PETITION NO: #4389
HEARING DATE: April 26, 2012
PETITIONER: Lisbeth N. Kamborian
PROPERTY: 179 & 181 South Street, South Yarmouth, MA
Map & Parcel: 0034.259.1; 0034.259.2; Zoning District: RS40
Ctf: #178781; Doc.#: 1,021,228
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Joseph Sarnosky,
Debra Martin, Bryant Palmer and Robert Howard.
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.
Lisbeth N. Kamborian is the Petitioner who, at hearing, was well represented by Andrew Singer,
Esquire. The hearing proceeded without controversy. No one spoke in opposition to the Petition.
A letter was received at the hearing from Ralph Cadman, Trustee of the Bass River Drummer
Realty Trust.
The Petitioner seeks a Special Permit from Bylaw § 104.3.5 in connection with property located
within a RS-40 Zoning District at 179 & 181 South Street, South Yarmouth, Massachusetts, so as
to allow for the recombining of two lots split in 2005 back to one lot. The land is shown as Lot l
on a Plan of Land entitled " #179 and #180, South Street, Yarmouth MA, prepared for Lisbeth N.
Kamborian, Land Court Plan #9187, Feb. 22, 2012. Scale l" = 30'. There will be no change to
the three existing structures or uses on the land.
Finding that there will be no change of use and given the history and status of the property, the
Board found that the grant of a Special Permit will not create any undue nuisance, hazard or
congestion, nor any substantial harm to the established or future character of the neighborhood or
Town.
Bk 28791 Pg183 #15186
Accordingly, on Motion to approve the grant of the Special Pemut as set forth within the Petition
without condition as made by Mr. Samosky and seconded by Mrs. Martin, it was voted
unanimously in favor.
No 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 e40A 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, MGL c40A
§9)
AE= VE
Steven DeYoung, Cha'lrrAan
BARNSTABLE COUNTY }
REGISTRY OF DEEDS
ATRUE COPY, ATTEST j
DARNSTABLE REGISTRY OF OF.EDS
John F. Meader Register
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