HomeMy WebLinkAbout02-10-22 Decision 4938 - 24 Charles Street TCFILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
February 25, 2022
4938
February 10, 2022
The Amy Maclsaac Rev. Trust, Amy Maclsaac
PROPERTY: 24 Charles Street, South Yarmouth, MA
Map 70, Parcel 113
Zoning District: R-40
Title: Book 32826, Page 156
MEMBERS PRESENT AND VOTING: Chairman Steven DeVoung, Mr. Igoe, Mr. Fraprie
and Mr. Martin
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 Cape Cod Times, the hearing opened and held on the date stated above.
The Petitioner is The Amy Maclsaac Revocable Trust by Amy MacIsaac, It's Trustee. The
Petition was well -presented by Kieran Healy of the BSC Group. Both the Petitioner and Mr.
Healy explained that the need for the relief sought (in the alternative a Special Permit or a
Variance) was to allow the increase by 2 feet of the existing building and deck. The Petition had
been vetted by the Conservation Commission, which voted to approve the deck "per Site Plan of
Land, 24 Charles St. in South Yarmouth, Amended Order of Conditions, Kieran Healy PLS,
BSC Group dated 12/3/21 and New Foundation of Existing Structure Maclsaac Property Plan
and Notes, Scott Orlowski of Apex Engineering dated 12/16/21".
David Bennett, Licensed Site Professional, appeared in support of the Petition, and another
abutter, Debora Leahy of 28 Charles Street, appeared with questions regarding the grade of the
land, which were answered by the Petitioner/Mr. Healy. No one appeared in opposition to the
Petition. No exhibits were received.
It was reported to the Board that an oil spill had been detected at the location of the existing
structure, which needed to be cleaned up. As part of the work for the cleanup, the Petitioner
seeks to relocate the building and allow for the cleanup together with an addition of 2 feet in
height of the foundation area. The footprint of the home will remain the same. The 2 additional
feet will allow for the basement area to have a much greater utility than it currently does.
A TRUE COPY ATTEST:
TW49. WA464-VJ�
MAR 18 2022 CMMC YFCMC I TOWN CLERK
The Board agreed that the grant of the requested relief for a Special Permit would not result in
any undue nuisance, hazard, or congestion, and the changes to the existing structure will not
cause substantial harm to the established or future character of the neighborhood nor of the town.
Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Martin to approve the
Petitioner for relief of a Special Permit with the assurance that the request for the Variance
would be asked to be withdrawn, without prejudice. On this motion, a roll call vote was taken
with the following results:
- Chairman DeYoung: AYE
- Mr. Igoe: AYE
- Mr. Fraprie: AYE
- Mr. Martin: AYE
The Board voted 4-0 in favor and the Special Permit was therefore granted, without conditions.
As to the requested Variance, the request was made by the Petitioner to allow for the relief to be
withdrawn, without prejudice. A motion was made by Mr. Martin, seconded by Mr. Fraprie and a
roll call vote was taken with the following results:
- Chairman DeYoung: AYE
Mr. Igoe: AYE
Mr. Fraprie: AYE
Mr. Martin: AYE
The Board voted unanimously (4-0) to allow the withdrawal of the requested relief, without
prejudice.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals
from this decision shall be made pursuant to MGL C40A 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
§ 103.2.5, MGL C40A §9)
Steven DeYoung, Chairman
A TRUE COPY ATTEST:
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MAR 18 2022 Ck!'AC CMC ! TOWN CLERK
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, 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 # 4938 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. All appeals have been exhausted.
Mary A. Maslowski, Town Clerk
MAR 18 2022
A TRUE COPY ATTEST:
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MAR 18 2022 cwAc me i TUWN CLERK
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4938 Date: March 18, 2022
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:
The Amy MacIsaac Rev. Trust, Amy Maclsaac
24 Charles Street
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 24 Charles Street, South Yarmouth, MA;
Map #: 70; Parcel #: 113; Zoning District: R-40; Book/Page: 32826/156 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 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.
Steven S. DeYoung, Chairman
A TRUE COPY ATTEST:
MAR 18 2022
CKI; CMC / TOWN CLr--'f,K