HomeMy WebLinkAboutDecision 4390Appeal #43"
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BARNSTABLE LAND COURT REGISTRY
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COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: May 29, 2012
Certificate of Granting of a Sneeial 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: RS40; 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.
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TOWN OF YARMOUTH
Town
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Cleric
e Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836
CERTIFICATION OF TOWN CLERK
I, Jane E. HibbeM Town Cleric, Town of Yarmouth, do hereby certify that 20 days have elapsed
since the Filing with me of the above Board of Appeals Decision #4390 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.
JaXe E. Hibbert, C'MgCMMC
wn,Clerk
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TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: May 8, 2012
PETITION NO: #4390
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: R8 40
Certificate #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. Abutter Paolo Petrillo spoke about a
parking concern to the Petition; and a letter was received at the hearing from Ralph Cadman,
Trustee of the Bass River Drummer Realty Trust, regarding the use of the garage building.
The Petitioner seeks a Special Permit from Bylaw § 104.4.1 and Use Regulation Schedule §202.5
A1, Q2 and Q3, in connection with property located within a RS-40 Zoning District at 179 & 18 1
South Street, South Yarmouth, Massachusetts, so as to allow for the conversion of the two
existing dwellings and one detached garage building at the combined property to the
condominium form of ownership as set forth in the condominium documents submitted to the
Board. The Property is shown on a Plan of Land entitled "Condominium Site Plan prepared for
LNK Condominium, #179 & #181 South Street, Yarmouth, MA, prepared for Lisbeth N.
Kamborian, Land Court Plan #9187, March 1, 2012, Scale 1" = 20'. There will be no change to
the three existing structures or uses on the land.
After a brief discussion regarding the garage building and possible conditions on use, the Board
found that there will be no change of use and that the petitioner has made adequate provisions
defining the uses and restrictions on such uses within the Condominium Master Deed and
Condominium Bylaws and has further provided adequate provisions governing the management
authority of the condominium to insure maintenance and repair of public health and safety aspects
of the property, and that the grant of a Special Permit, with conditions, will not create any undue
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nuisance, hazard or Congestion nor substantial harm to the established or future character of the
neighborhood or Town.
Accordingly, on Motion to approve the grant of a Special Permit as set forth within the Petition
and with the conditions as made by Mrs. Martin that 1) there shall be no storage of commercial
vehicles or commercial goods in the garage building, and 2) there shall be no installation of
central heating and plumbing in the garage building. Further, these conditions shall be duly -noted
in the Master Deed. The Motion was seconded by Mr. Palmer and the Board, on Motion to grant
with conditions as stated, 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 c40A section 17 and must he 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 began within 24 months. (See bylaw §103.2.5,
MGL c40A §9)
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gARNSTABI-E COUNTY
REGISTRY OF DEEDS
A TRUE DOPY, ATTEST
JoHN F. MEADE REGISTER
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
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