HomeMy WebLinkAbout4966 304 Admiralty Heights Decision TC 08.09.22 •
.-- "�`�' TOWN OF YARMOUTH
�` BOARD OF APPEALS
;, DECISION _ -
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FILED WITH TOWN CLERK: August 9, 2022
PETITION NO: 4966
HEARING DATE: July 28, 2022
PETITIONER: Carol Tierney Trust
PROPERTY: 304 Admiralty Heights, Yarmouth Port, MA
Map 134,Parcel 61C
Zoning District: R-40
Land Court Lot#2,Plan #38776A
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe,Jay
Fraprie, Dick Martin,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 Carol Tierney Trust with property located at 304 Admiralty Heights, Yarmouth Port, MA
(within the zoning district R-40)was well represented by Mr.Remo Vito,brother to Carol Tierney.
This property is part of a condominium complex which is subject to Variance Number 1321 which
was entered by decision dated 5/15/75. In the alternative, the petitioner seeks a Variance under
bylaw section 203.5 to build a 13'x 12' deck to the rear of her condominium and within all required
setbacks.
This is a simple petition wherein the need for relief is predicated upon the terms of the earlier
Variance. The petitioner has erected a very modest deck at the rear entrance to her condominium
unit which enhances her ability to enter and leave the condominium. Pictures of the deck were
provided. The completed structure has already received the enthusiastic approval of the
condominium association which notes that the deck is consistent with other decks in the
condominium complex and increases the safety of persons using the rear entrance to the unit.
Though the relief is sought after the fact, no fault is placed on the petitioner as other decks had
been built of a similar type and the petitioner also believed it was alright to build one without
relief.
No person spoke in opposition to the petition though Ms.Elizabeth Dolan, 302 Admiralty Heights,
was enthusiastic about giving the petitioner the relief she seeks. The Board felt that no undue
hazard, nuisance nor congestion would result nor would there be any substantial derogation from
the intent of the bylaws by allowing this deviation to the original grant of a Variance. The relief
sought is modest and the deck built enhances the safety of the petitioner and others. A motion was
made by Mr. Fraprie and seconded by Mr. Martin to amend so much of Variance Number 1321 so
as to allow for the construction of the petitioner's deck. A roll call vote was taken with the
following result: Mr. Martin-Aye, Mr. Igoe-Aye, Mr. DeYoung-Ayer, Mr. Mantoni-Aye and Mr.
Fraprie-Aye. The amendment as applied for by the petitioner is,therefore, granted on a unanimous
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 #4966 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