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Home My WebLink About4958 123 Standish Way Decision Recorded 08.11.22 LAW OFFICES OF PAUL R. TARDIF, ESQ., P.C. 490 MAIN STREET YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R Maki,Esq. Stacey A. Curley,Esq. ptardif@tardiflaw.com www.tardiflaw.com scurley(a,tardiflaw.com REFER TO FILE NO. August 11, 2022 Dolores Fallon Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Zoning Appeal— 123 Standish Way, West Yarmouth Christopher Douglass, Maria Douglass and Mike Masciari - Petition 4958 Dear Ms. Fallon: Enclosed please find a copy of the Board of Appeals Decision,which was recorded, for the above referenced matter on August 11, 2022 in the Barnstable County Registry of Deeds in Book 35301, Page 212. Please note that a copy of the recorded Decision has been forwarded to the Building Department for their records. Finally, I have attached a check in the amount of$149.64, which represents the filing fee for this matter. I thank you for your assistance in this matter. -ry Ti ly Yours, fr''''ul R. 1 ardif cc: Christopher and Maria Douglass Mike Masciari Mark Grylls, Building Department Bk 35301 Pg212 #40426 08-11-2022 @ 08 : 49a 4�, . ', 1 ',:= TOWN OF YARMOUTH r. • " BOARD OF APPEALS v"'� r`�il DECISION i, f40, . m 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 004.4 04.4 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. A TRUE COPY ATTEST: . . ° t;MMC CM6/TOV1N CLERK ►1H" A AA99 Bk 35301 Pg213 #40426 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;Igue, hairman . 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. Widt<ghtb44 Mary A. Maslowski AUG - 2 2022 A TRUE COPY ATTEST ..YR(4/-406"444 t`AAme f C;MIC l TOWN CLERK AUG 2 2°22 Bk 35301 Pg214 #40426 `'r Y , COMMONWEALTH OF MASSACHUSETTS i" '' G' TOWN OF YARMOUTH w. ' ' 4* i BOARD OF APPEALS J, 1 Petition #: 4958 Date:July 29, 2022 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Christopher Douglass,Maria Douglass and Mike Masciari 123 Standish Way West Yarmouth,MA 02673 Affecting the rights of the owner with respect to land or buildings at: 123 Standish Way,West Yarmouth,MA; Map #: 21; Parcel#: 52; Zoning District: R-25; Book/Page: 31187, 70 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 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) and Section 13, provides that no Special Permit, 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 (20) days 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. .. .. Seanp.Igoe, Chairman. `, A TRUE COPY ATTEST JOHN F. MEADE, REGISTER N4intita4 . BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY CMMC 1 CMc:1 TOWN CLERK Alit: — T owl')