HomeMy WebLinkAbout4980 133 Witchwood Rd Decision Certified 11.15.22 TOWN OF YARMOUTH
0 _. t BOARD OF APPEALS
DECISION
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.
A TRUE COPY ATTEST:
Ai4-41-/h1A-46
ei n /urviC;/RANN
NOV 1 5 2022
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.
htA*0.W144/-044
Mary A.Maslowski
NOV 1 5 2022
A TRUE COPY ATTEST:
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CIS M(./CNiC/T(:WN CLERK
NOV 1 5 2022
.-01 '�'' COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
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Petition #: 4980 Date: November 8, 2022
Certificate of Granting of a Variance
(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:
Kathleen and Patrick Butler
133 Witchwood Road
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 133 Witchwood Road, South Yarmouth,
MA; Map #: 78; Parcel#: 266; Zoning District: R-40; Book/Page: 32988,342 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 registerin shall be paid by the owner or applicant.
5'.-- 'S' '
Sean Igoe, Vice Chair
•
A TRUE COPY ATTEST
eMM /CMC/.l. 'Wti CLERK
NOV 1 5 DU