HomeMy WebLinkAbout4980 133 Witchwood Rd Decision TC 10.18.22 O' Y``Iit
• TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
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•
FILED WITH TOWN CLERK: October 18, 2022
PETITION NO: 4980
HEARING DATE: September 22, 2022
PETITIONER: Kathleen and Patrick Butler
PROPERTY: 133 Witchwood Road, South Yarmouth, MA
Map 78, Parcel 266
Zoning District: R-40
Title: Book 32988, Page 342
MEMBERS PRESENT AND VOTING: Sean Igoe (Acting Chairman), Dick Martin, Jay
Fraprie and 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 petitioners are Kathleen and Patrick Butler of 133 Witchwood Road, South Yarmouth, MA
which property is in a R-40 zoning district. The applicant seeks a Variance to allow a camper to
be occupied as living space on their property.
The petitioner represents that he has been trying to obtain housing for his parents (father is a
veteran and mother is disabled): wait lists for affordable housing on Cape Cod; off-Cape housing
options are limited; motor home parks on Cape Cod close for the season before Columbus Day,
and even if motor home parks were open, his parents cannot afford the $50/night fee.
In the past,this Board has granted a 90-day Variance for a hardship, but only for 90 days.
At the hearing, Carey Dobson, Case Manager, Cape and Islands Veterans Outreach Center, asked
for compassion, stating that 90 days would be helpful as she reaches out to other resources.
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Mr. Martin moved to grant a temporary Variance for the RV/trailer to remain on the site and in
its present location for 90 days, and Mr. Fraprie seconded this motion. The members voted as
follows:
- Mr. Manton: AYE
- Mr. Fraprie: AYE
- Mr. Martin: AYE
- Vice Chair Igoe: AYE
The 90-day Variance will go into effect after the 20-day appeal period for the decision has
elapsed.
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 Igoe, Vice Chair
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 #4980 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