HomeMy WebLinkAbout5024 184 South Sea Ave Unit 1 Decision TC 06.14.23f �''j .Test T 9 E _ - g iss''.. i ii
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
June 14, 2023
5024
May 25, 2023
Wakeby Development, Inc.
PROPERTY: 184 South Sea Avenue, Unit #1, West Yarmouth, MA
Map 17, Parcel 136.C1
Zoning District: R-25
Document: 1421619
Certificate of Title: C94-1
Plan #: 21952-B-1
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Fraprie,
John Mantoni and Sean Igoe
Notice of the hearing has been 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 held on the date stated above.
Board Members were not in agreement concerning whether or not, this was an appropriate
petition for approval.
Both Mr. Fraprie and Mr. Martin felt that it was a reasonable request to raze and replace an
existing structure in bad need of improvement.
Conversely, Board Members Mantoni, Igoe and DeYoung felt that it was inappropriate to allow
the expansion of this property which had formally been a modest cottage -like structure. The
expressed concern was the existence of 32 other structures on this lot of land, and, if allowed for
this structure, would cause the property to change from its intended use in a manner
impermissible, as it would be unduly burdensome to the neighbors and the neighborhood and
town. The structures were created pre -zoning, they were not intended as more than a summer
cottage village, and should now not be allowed to take on a new unintended dimension or
character.
Two members of the public spoke. Susan Kinnear expressed questions and concerns about the
intention to install a full basement while Bob Garrahan expressed his concerns about the planned
redevelopment, while also voicing support for improvement of the existing ramshackle structure.
After significant discussion, a motion was made by Mr. Igoe, seconded by Mr. Mantoni to deny
the Special Permit, as requested by the petitioner.
A roll call vote was taken with Mr. Igoe, Mr. Mantoni, and Mr. DeYoung voting in favor, and Mr.
Martin and Mr. Fraprie voting in opposition. Therefore, the motion was denied.
A motion was made by Mr. Fraprie, and seconded by Mr. Martin, to approve the request for a
Special Permit. A roll call vote was taken with Mr. Fraprie and Mr. Martin voting in favor, and
with Mr. Mantom, Mr. Igoe and Mr. DeYoung voting in opposition. Therefore, the Special Permit
was denied.
A motion was made by Mr. Martin, and seconded by Mr. Igoe, to approve the request for
Variance sought by the petition. A roll call vote was taken on this motion, and all five members
voted nay, and the Variance was, therefore, denied.
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 #5024 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