HomeMy WebLinkAbout4915 - Extension Agreement 4-14-22JOHN W. KENNEY
ATTORNEY AT LAW
12 CENTER PLACE
1550 FALMOUTH ROAD
CENTERVILLE, MASSACHUSETTS 02632
PHONE: 508-771-9300
FAX: 508-775-6029
April 7, 2022
Zoning Board of Appeals
Town of Yarmouth
1146 Route 28
South Yarmouth, MA 02664-24451
Re: 147 and 153 Route 6A, Yarmouth Port
Jane Barrow Tatibouet, Trustee of Barrows Group Atlantic Realty
Trust and Tatibouet Group Atlantic, LLC, Applicants
Dear Chairman DeYoung and Members of the Yarmouth Zoning Board of Appeals:
I am writing on behalf of my clients to request a continuance of the hearing on the
above -referenced matter from April 14, 2022 to May 12, 2022. The reasons for the
request are (1) that we are revising the plan significantly which may result in a project
that can be done "as of right"; or one that may need different relief and needs a new
filing; or the current filing may cover the revised plan. Until the design is finalized, I
cannot be certain how to proceed; and (2) the medical issues in the applicants' family
have made it difficult to meet with the clients to work on the revisions. Although we have
made significant progress, we will not be ready to proceed on April 14tn
We first appeared before your Board on September 9, 2021. We were continued to
October 14, 2021. Shortly after the meeting on September 9t", my clients became
aware of the medical matter. We requested extensions to January 13, 2022 and then to
April 14, 2022, which you kindly granted. We now request an extension to May 12,
2022 to allow my clients time to get the plan finalized and prepare for the hearing.
I have signed, and enclose with this letter, an Agreement For Extension to extend your
time for making'a decision in this appeal. If you need any additional information, please
do not hesitate to contact me.
On behalf of my clients, I thank you for your anticipated cooperation.
?Veryy yours, Kennes�. /
Y q
JWK/dah
Enclosure
cc: Jane Tatibouet
Dan Ojala
SOF r,� TOWN OF YARMOUTH
Board of
= Appeals
IAAI'fACHEESE 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451
n, �* Telephone (508) 398-2231 Ext. 285, Fax (508) 398-0836
AGREEMENT FOR EXTENSION
The Petitioner understands and agrees:
That the public hearing will not be held within 65 days of the filing of this Application, or
That the Board will not take "final action" on the request for a Special Permit within 90
days of the conclusion of the public hearing;
That the decision of the Board on an Appeal or Variance request will not be made within
100 days of the filing of the application.
Further, the petitioner agrees with the Board to extend the time frames within which the
hearing, re -hearing or continuance are to he held and the decision(s) are to be made and filed by
the Yarmouth Board of Appeals, and to waive any rights to the Constructive Grant of this
petition, provided that the Board does act within the time frame of this agreement. It is therefore
agreed that the Hearing shall be held/continued on May 12, 2022 , and that the
Board's decision shall be made and filed with the Town Clerk within 14 days of the conclusion
of that public hearing.
Applicant/PetitionerJane Barrow Tatibouet Petition #4915
Application fling date: 8/ 18/2021
or Agent
Board of Appeals
Date Filed with Town Clerk:
Initial Hearing Date : 9/9/2021
Date: