HomeMy WebLinkAbout4969 24 Easy St Decision TC 08.02.22 4FY``1R
�1 TOWN OF YARMOUTH
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� BOARD OF APPEALS
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FILED WITH TOWN CLERK: August 2, 2022
PETITION NO: 4969
HEARING DATE: July 14,2022
PETITIONER: Sand Dollar Properties, LLC
PROPERTY: 24 Easy Street, Yarmouth Port, MA
Map 93,Parcel 23.2
Zoning District: B3/R-40
Title: Book 34852,Page 105
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe,Jay
Fraprie,John Mantoni.
Notice of the hearing was 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 was held on the date stated above.
The subject property is located at 24 Easy Street, Yarmouth Port, Massachusetts. The property is
shown as Parcel 23.2 on Town of Yarmouth Assessor's Map 93.
The Petitioner, Sand Dollar Properties, LLC acquired title to locus by a deed dated January 11,
2022, recorded in the Barnstable County Registry of Deeds on January 24, 2022, in Book 34852,
Page 105.
The property is split zoned in the B3 and R-40 Zoning Districts.
Petitioner is seeking a Special Permit pursuant to Section 104.4.1 and 104.4.2 of the Zoning By-
Law to convert the structure on the property to a condominium form of ownership. Petitioner is in
the process of building two single story wood and metal frame structures, with metal roofs. Since
the structures will feature large garage bays, Petitioner is desirous of establishing a condominium
form of ownership, so that it may individually sell each garage bay and its associated floor space
to individual owners.Petitioner is not seeking any form of zoning relief in terms of height, setback,
density, or the like.
The Petitioner, through its representative, made a presentation to the Board of Appeals and
presented evidence establishing how the proposed Master Deed and Condominium Trust complied
with all the requirements for issuance of a Special Permit set forth in Section 104.4 of the Zoning
By-Law.
Upon completion of the Petitioner's presentation, the Chairman of the Zoning Board asked if
anyone from the public was present to speak either in favor of the requested relief or in opposition.
No one spoke in favor or opposition. The Chairman then closed public comment.
The Zoning Board commenced Board discussions of the merits of the Petitioner's request for a
Special Permit.
Section 104.4.1 and 104.4.2 of the Zoning By-Law sets forth the criteria that must be met by the
Petitioner for the Zoning Board to grant a Special Permit. The Zoning Board discussed the criteria
set forth in Section 104.4.1 and 104.4.2 and the evidence presented by the Petitioner.
The criteria set forth in Section 104.4.1 and 104.4.2 of the Zoning By-Law and the Board's findings
based upon the Petitioners presentation are as follows:
A special permit may issue if the Board finds that there is no change of use,and that the declaration
of condominium documents is written with proper management authority to ensure maintenance
and repair of public health and safety aspects (e.g., water lines, sewage facilities, etc.) of the
property being converted. A special permit may be issued for an entire subdivision based upon a
typical condominium unit and lot plot plan, even though said units will vary within said
subdivision.
The Board reviewed Petitioner's proposed Master Deed and Declaration of Trust and was satisfied
it met the criteria of Zoning By-Law Section 104.4.1 and 104.4.2 as recited above. Accordingly, a
motion was made by Mr. Fraprie, seconded by Mr. Mantoni, to grant a Special Permit, as
requested.
A roll call vote was taken on this Motion with the following results:
-Mr. Mantoni: AYE
-Mr. Igoe: AYE
-Mr. Fraprie: AYE
-Chairman DeYoung: AYE
Accordingly, the Special Permit was approved on a 4-0 vote in favor.
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
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 #4969 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