HomeMy WebLinkAbout4958 123 Standish Way Decision TC 07.08.22 .. . ..
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FILED WITH TOWN CLERK: July 8, 2022
PETITION NO: 4958
HEARING DATE: June 23, 2022
PETITIONER: Christopher Douglass,Maria Douglass and Mike
Masciari
PROPERTY: 123 Standish Way,West Yarmouth, MA
Map 21,Parcel 52
Zoning District: R-25
Title: Book 31187,Page 70
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe,Dick Martin,Jay Fraprie,
Richard Neitz and John Mantoni
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 seeks a Special Permit pursuant to Zoning Bylaw §104.4 to convert two existing
dwelling units in to a condominium form of ownership. The Property is located in the R-25 Zoning
District and is improved with two year-round separate single family dwellings, each containing 3
bedrooms on three levels. The structures were built in approximately 2019 pursuant to Yarmouth
Zoning Board of Appeals Decision 4796. Because the property lies in the VE and AE flood
zones, the properties were built on pilings. There are no changes proposed to the structures or the
use of the property.
The Board was presented with the proposed Condominium Declaration of Trust together with the Sea
Pearl Condominium Master Deed. The Board also received an acknowledgement by Mark Grylls,the
Yarmouth Building Commissioner, that he had waived the necessity of conducting a Site Plan
Review meeting, pursuant to Yarmouth Zoning Bylaw Section 104.1.1.
No one appeared in opposition to the Petition. The Board reviewed the Petitioner's submission and
the provision of property management and was satisfied that the documents met the intent and
requirements of the bylaws. Further, the Board was satisfied that the grant of the requested relief
would not cause any undue nuisance or hazard and would not be more detrimental to the present or
future character of the neighborhood or Town.
Accordingly, a motion was made by Mr. Martin, seconded by Mr. Neitz, to grant the Special
Permit, as requested. The members voted unanimously in favor of the motion.
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)
Sean oe, Chairman
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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 #4958 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