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HomeMy WebLinkAbout4966 304 Admiralty Heights Decision Recorded 10.12.22 Doc7. 1s468s907 10-12-2022 12_36 BARNSTABLE LAND COURT REGISTRY u‘ '71"4ir COMMONWEALTH OF MASSACHUSETTS .�'Y,It�'' TOWN OF YARMOUTH �� , 1 Co G BOARD OF APPEALS ��` ��� �' .'• A TRI, COPYATTE6'=. Petition#: 4966 Date: August 30,2022 CMG C/TOWN C41.Efii5 AO Certificate of Granting of a Variance AUG 3 0 2022 'J (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: Carol Tierney Trust 304 Admiralty Heights Yarmouth Port,MA 02675 Affecting the rights of the owner with respect to land or buildings at:304 Admiralty Heights, Yarmouth Port,MA; Map#: 134; Parcel#: 61C; Zoning District: R-40; Land Court Lot#2, Plan#38776A and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance,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 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 (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. Steven DeYoung,Chairman G. TOWN OF YARMOUTH BOARD OF APPEALS DECISION AMENDMENT TO DECISION DATED AUGUST 9,2022 Page 1: Post office address and full name of trust for Petitioner. Land Court Lot, Plan,and Certificate of Title numbers for Property. FILED WITH TOWN CLERK: August 9,2022 PETITION NO: 4966 HEARING DATE: July 28,2022 PETITIONER: Carol Tierney Trustee of the Carol Tierney 2015 Family Trust 304 Kings Circuit,Unit 304, Yarmouth Port,MA 02675 PROPERTY: 304 Admiralty Heights, Yarmouth Port,MA Map 134,Parcel 61C Zoning District: R-40 Land Court Lot#4IA,Plan#34279-F-1 Certificate of Title#C153-304 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 2015 Family 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 leights, 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) le/1114.4. Steven DeYoung, Chairman 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 CI 7Appears • from this decision shall be made pursuant to MGL c40A section 17 and must be fu within 20?/•, t `1 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, c� the Special Permit shall lapse if)a substantial use thereof has not begun within "?� onths. (See bylaw §103.2.5, MGL c40A 9 ,•� F . ` y , 1 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 di 'ssed or d cried. All appeals have been exhausted. • r lotahtial Mary A.Maslowski AUG 3 0 2022 BARNSTABLE COUNTY REGISTRY OF DEEDS A TRUE COPY,ATTEST VbL� JOHN F.MEADE,REGISTER BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register