HomeMy WebLinkAbout04-06-22 Notice of Constructive Approval Petition# 4934 - 181 South StI tzt I V I
Monranrv^I *:"r,:l& lVllr.r.ov u-c
April6,2022
Via Hand Delivery
Mary Maslowski, Town Clerk
Yarmouth Town Hall
1146 Route 28
South Yarmouth , MA 02664
Re: NOTICE OF CONSTRUCTIVE APPROVAL OF PETITION NO.4934
Yarmouth Board of Appeals
Subject Property: 181 South Street, Unit 2, South Yarmouth, Massachusetts 02664
Petitioner: Lisbeth N. Kamborian, individually and as Ttustee of lhe LNK
Condominium Trust
Dear Clerk Maslowski:
This correspondence shall serve as formal, written notice of constructive approval of
Yarmouth Board of Appeals Petition No. 4934 ("Petition"), in accordance with G.L. c. 40A,
$ 15. Said Petition was brought by Lisbeth N. Kamborian, individually and as Trustee of the
LNK Condominium Trust ("Petitioner"), and concems the property known and numbered as 181
South Street, Unit 2, South Yarmouth, Massachusetts 02664 ("Subject Property"). In her
Petition, the Petitioner sought to overtum the November 10,2021determination of the Building
Commissioner in which he declined to revoke Building Permit No. 2l-006775, which authorized
the construction ofa "14 x 17 storage shed" on the Subject Property. The Petitioner further
sought an order compelling the removal ofthe accessory structure on the Subject Property.
The Petition was filed irdth the Yarmouth Town Clerk on December 10, 2021. While the
Yarmouth Board of Appeals acted on said Petition within one hundred (100) days (and within
the time period set forth in an Agreement for Extension), it failed to file a detailed record of its
proceedings setting forth the reason for its decision with the Yarmouth Town Clerk within
fourteen (14) days ofthe expiration of said 100-day period (to wit, April 4, 2022) and/or within
fourteen (14) days of the close bf the public hearing and action on March 10,2022 (to wit, March
24,2022). The Board o
resulted in the
482 n.5 (2003), citing v. Zoning
(1e83).
The
been sent by
Kimberly A. Bielan
Direct Dial: (781) 817-4607
kbielan@lawmtm.com
-.. Admitted in MA & RI
Bd. of Appeals of Filchburg, 3 89 Mas.s. 6 1 7, 624-625
,:',' :
,
G.L. c. 40A, $ 15. The Petitioner further certifies that all parties in intergsl |rave been informed
that appeals, if any, shall be made in accordance with G.L. c. 40A, $ lTrand filed within twenty
(20) days of the filing of this notice with the Yarmouth Town Clerk. .
.; li:; _
,:dilirli
One Adams Place,859 \filard Sffcet, Suite 440, Quincy, MA 02169 .7Bl:Fl7-4900 . www.lawmtm.com
Boston . Falmouth . euincy ,1;
.'
,...
Town Clerk
ct.479,
Town Clerk Maslowski
Apil6,2022
Page2 of2
The following parties represent all parties in interest, as defined in G.L. c. 40A, g 11, who
have been served with notice as of this date:
. Yarmouth Planning Board;r Planning boards of abutting cities and towns; andr Statutory abutters.
As proof of the filing of this notice with the Town Clerk, please date-stamp the enclosed
copy of this letter.
Thank you for your time and attention to this matter.
Sincerely,
Kimberly A. Bielan
cc: Mark Grylls, Building Commissioner
Yarmouth Board of Appeals
Yarmouth Planning Board
Jason R. Talerman, Esq.
Michael B. Cabral, Esq.
Padies in Interest by Certified Mail, Retum Receipt Requested
Plaruring boards of abutting cities and towns