HomeMy WebLinkAbout5007 Jay Mart Appeal Letter from David Reid Received 02.21.23STONE & REID
ATTORNEYS AT LAW
A PROFESSIONAL ASSOCIATION *
SOUTH YARMOUTH PROFESSIONAL BUILDING
1292 ROUTE 28 SOUTH YARMOUTH, MA 02664-4452
TEL (508) 394-5648 FAX (508) 398-1699
DAvID S. R.EID, ESQ.
DSReid@verizon.net
Yarmouth Zoning Board of Appeals
1146 Route 28
South Yarmouth MA 02664
RE: Ekaterina & Family LLC et al
# 5007
Dear Chairman DeYoung,
MICHAEL F. STONE, ESQ.
MFStoneEsq@comcast.net
February 16, 2023
RECEIVED
FEB 21 2023
YARMOUTH
BOARD OF APPEALS
The above referenced matter is scheduled for hearing on March 23, 2023.
This application seeks approval of a Special Permit under the ROAD Bylaw. Such
an application must be preceded by a favorable approval of the project by the
Planning Board in order for the applicant to be eligible to apply for the Special
Permit. The approval of the Planning Board, on which this application relies, has
been appealed by an abutter, who I represent, and therefore has not become final
yet. That appeal from the Planning Board's approval is scheduled for hearing
before the ZBA on April 13th, in appeal # 5011. I therefore suggest that it would be
premature for the Special Permit application to go forward on March 23", as the
Planning Board's approval is a necessary predicate for the owner's ability to apply
for the Special Permit needed. ( see: bylaw section 411.5 (2)(E) and 411.6)
cc: Paul R. Tardif Esq.
Ve t y y ,
avid S. Rel
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other attorney in the office. Rule 7.5 (d)