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Home My WebLink About4997 286 Old Main St Decision Recorded 01.31.23VARMOU T 0 1 OWN C1_`RK TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: January 31, 2023 PETITION NO: 4997 HEARING DATE: January 12, 2023 '23JFiN31Amd 0. 54 REG Bk 35650 pa 323 --7 3 70 02--2,_3 2023 & 02 v; 3 r� PETITIONER: Anne E. Welch, Trustee Anne E. Welch Revocable Trust 300 Summer Street No. 27 Boston, MA 02210 PROPERTY: 286 Old Main Street, South Yarmouth, MA Map 60, Parcel 217 Zoning District: RS-40 Title: Book 21082, Page 73 MEMBERS PRESENT AND VOTING: Jay Fraprie (Acting Chair), Dick Neitz, John Mantoni, Doug Campbell, Dick Martin 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 petitioner seeks either a Special Permit and/or a Variance to increase the height of pre-existing, non -conforming structure by 12 inches. At the hearing, the petitioner's representative, George Davis did a fine job presenting the petition.. Serving as the general contractor, Mr. Davis described the age of the property as "old". The property at 286 Old Main Street was built in 1800. The petitioner seeks relief to lift the single -story structure off the ground to install a foundation. The increase in height would be no more than 12 inches. The Board agreed that the petition meets the criteria for a Special Permit. The Board noted that the project represents significant historic preservation — both in saving the structure and improving the appearance of the structure. 44 �AqEpbtiYjA L,�STa � 2 , 2023 The petitioner received comments in favor of the project from abutters: Maureen Carser and Suzane Bazner, 285 Old Main Street, who sent a letter of support; and Barbara Adams, 289 Old Main Street, who voiced her support in -person at the hearing. A motion was made by Mr. Neitz and seconded by Mr. Mantoni to approve the Special Permit as requested, without conditions. On a roll call vote (5-0), the Special Permit as requested, without conditions, was approved as follows: Mr. Neitz-Aye; Mr. Mantoni-Aye; Mr. Campbell -Aye; Mr. Martin -Aye; Mr. Fraprie-Aye. The petitioner requested to withdraw the Variance portion of the petition, without prejudice. A motion was made by Mr. Neitz and seconded by Mr. Mantoni to allow for the withdrawal of the Variance, without prejudice. On a roll call vote (5-0), the request for the withdrawal of the Variance, without prejudice, was approved as follows: Mr. Neitz-Aye; Mr. Mantoni-Aye; Mr. Campbell -Aye; Mr. Martin -Aye; Mr. Fraprie-Aye. 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) Jay Fr e, cting Cha' CERTIFICATION OF TOWN CLERK 1, 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 #4997 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 FEB 2 3 2023 gMgi/i U`i`fEST. F' .T 1 rA G'F,.',� Petition #: 4997 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: February 21, 2023 Certificate of Grantiniz 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: Anne E. Welch, Trustee Anne E. Welch Revocable Trust 300 Summer Street No. 27 Boston, MA 02210 Affecting the rights of the owner with respect to land or buildings at: 286 Old Main Street, South Yarmouth, MA; Map 60, Parcel 217; Zoning District: RS-40; Title: Book 21082, Page 73 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. Jay F rie, & ting ChairV BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register