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HomeMy WebLinkAboutBoard of Appeals 2021 Decision Doc: 1s434s59B 06-04-2021 11 :44 BARNSTABLE LAND COURT REGISTRY }O' Ygfir, j - }•* -_ TOWN OF YARMOUTH 'L:}_:' _- ._1:G• —• •3 0�; ,:�c.; BOARD OF APPEALS 4. i :%-` ECISION FILED WITH TOWN CLERK: April 6,2021 PETITION NO. #4886 HEARING DATE: February 25,2021 PETITIONER: Anthony G.DiSipio and Laura DiSipio PROPERTY: 47 Franklin Street Ext.,West Yarmouth,MA Map&Lot#: 0022.215.2; Zoning District: R-25 Doc.#:1,300,283; Ctf#:210284 MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman,Dick Martin, Richard Neitz,Tom Baron and Tim Kelley. It appearing that notice of said hearing has been given by sending notice thereof to the Petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The Petitioners are Anthony and Laura DiSipio who present a request for a Variance pursuant to Zoning By-Law, §203.5. The Petitioners did a fine job in presenting the merits of their Petition. Specifically, the relief sought is in connection with property located at Bayberry and Franklin Street Extension,property located in an R-25 Zoning District. The merits of the Petition are straightforward. The Petitioner's built a shed located in the rear southeast corner of their property.The shed is modest and was not built with a knowing violation of the Zoning By-Laws. The Petitioner's sought and received several letters in support of the Petition. No exhibits were received during the hearing nor did any witnesses other than the Petitioners testify. Where the shed is located is a reasonable spot on the Petitioners' property. The shed is modest. The Board agreed that the Petitioner's established the Variance Criteria in that enforcement the By-law would result in an economic hardship to the Petitioners,the hardship is due � e.,` of the property and structures thereon due to the property abutting two streets _ ''t a 3' of '6 ; tetti the dwelling at the far rear property line. Further,the Board concurred that th {;oxhg7pli1: as prayed for by the Petition would not derogate on nullify the intent and purpoot of tlid':H}litiNs' 'a, A TRU4OPYATTi:ST ';� s . .:;-.4;',:,5 •, r 1 ‘74 rf8 2' .1021 A Motion was made by Mr.Neitz,seconded by Mr.Kelly.Upon this Motion a roll call vote was taken with the following results: Mr. Martin- aye, Mr. Barron- aye, Mr. Kelly- aye, Mr. Neitz- aye and Mr. DeYoung- aye. The Motion therefore passed on a 5-0 favorable vote and the Variance was therefore granted. 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, a Variance shall lapse if the rights authorized herein are not excised within 12 months.(See MGL c40A§10) Ste" ven S.DeStadng,Chairman ,. .-r' - A TRUOCOPY'ATTESIu. ' : : viii6u.46ev.',.' a1 8- 2021 01:,..:Y/11,.. 0 7-77.:f-11_71.7):.1 W THE COMMONWEALTH OF MASSACHUSETTS !),,„t,1,' TOWN OF YARMOUTH BOARD OF APPEALS Appeal#4886 Date: April 27,2021 Certificate of Granting of Variance (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: Anthony G.DiSipio and Laura DiSipio 530 North Street Walpole,MA 02081 Affecting the rights of the owner with respect to land or buildings at: 47 Franklin Street Ext., West Yarmouth, MA; Zoning District: R-25; Map & Lot#:0022.215.2; Doc#:1,300,283; Ctf#:210284 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 Variance, and that 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) provides that no Variance, 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 days (20) 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. t 7T Steven S.DeYo ,Chairman :}A,. " r:4v,.: Y TOWN OF YARMOUTH '• p--:s Town Ik 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664-24451 Clerk Telephone(508)398-2231 Ext. 1285,Fax(508)398-0836 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#4886 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. Wt4eltka Wtqinticth Mary A. Ma lowski Town Clerk APR 2 8 2021 • 17t• •• . BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register '; : BARNSTABLE COUNTY REGISTRY OF DEEDS A TRUE COPY,ATTEST _ .JOHN F.MEADE,REGJSTTER_.