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HomeMy WebLinkAbout03-09-22 Memo from Attorney TroyerILYA N MORIARTYTROYER &MALLOY LLC NJVA ATTORNEYS AT LAW Via Federal Express Overnight and Email (cvilla@yarmouth. ma. us) March 9, 2022 Steven DeYoung, Chairman Zoning Board of Appeals Yarmouth Town Hall 1146 Route 28 South Yarmouth, MA 02664 Douglas A. Troyer Direct Dial: (781) 817-4605 dtroyer@lawmtm.com Admitted in MA RECEIVED MAR 0 9 2022 YARMOUTH BOARD OF APPEALS Re: Yarmouth Zoning Board of Appeals, Petition No. 4934 Subject Property: 181 South Street (Unit 2), South Yarmouth, Massachusetts 02664 Dear Chairman DeYoung & Members of the Yarmouth Zoning Board of Appeals: As you know, this office represents Lisbeth N. Kamborian, individually and as Trustee of the LNK Condominium Trust ("Petitioner"), in connection with an appeal of the Director of Inspectional Services/Building Commissioner, Mark Grylls', determination to deny enforcement of the Yarmouth Zoning Bylaw with respect to the property located at 181 South Street, Unit 2, South Yarmouth, Massachusetts ("Petition"). The public hearing on the Petition was opened at the Board's February 10tn meeting and continued to March 10tn During the February 10tn meeting, the Board raised certain questions as to the timeliness of the Petitioner's request for zoning enforcement pursuant to G.L. c. 40A, § 7. While, for the reasons set forth in the materials submitted in support of the Petition, it is the Petitioner's position that the zoning enforcement request was timely, the Petitioner nonetheless agreed to engage with Town Counsel to obtain their opinion on the issue. The Petitioner has conferred with counsel at Mead, Talerman & Costa, LLC, which has indicated that, in order to provide an opinion, a request must be made by the Board and authorized by the Yarmouth Board of Selectmen before any consulting legal work can be performed. On the basis of the foregoing, and recognizing the importance of the Board's receipt of an opinion from Town Counsel, the Petitioner respectfully requests that, at its March 10tn meeting, the Board request Town Counsel to opine as to whether the Petitioner's request for zoning enforcement pursuant to G.L. c. 40A, § 7 was timely and that the Board seek the necessary authority from the Board of Selectmen for such a request. The Petitioner can provide any and all materials directly to Town Counsel to facilitate the provision of such opinion, and the Petitioner One Adams Place, 859 Willard Street, Suite 440, Quincy, MA 02169 ■ 781-817-4900 ■ www.lawmtm.com Boston • Falmouth . Quincy Yarmouth Zoning Board of Appeals March 10, 2022 Page 2 of 2 further remains prepared to cover the cost associated with the Board's employment of Town Counsel, pursuant to G.L. e. 44, § 53G and/or any other applicable authority, The Petitioner further requests that, absent the matters relating to the obtainment of an opinion from Town Counsel, the public hearing be continued so as to enable the procurement and review of any such opinion. The Petitioner is willing to execute the necessary farm agreement extending the time frames within which the decision of Board must be made and filed with the Town Clerk's office. I will be present at the Zoning Board's March 10'h hearing and prepared to address the matters identified herein. Should you have any questions regarding this matter, please do not hesitate to contact me and thank you for your continued attention to this matter. rerrhy, �� Douglas A. Troyer DATlkab cc: Client Michael B. Cabral, Esq. (via email only)