HomeMy WebLinkAbout5021 37 Union St Decision Recorded 06.21.23[ 2.
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
Bk 35853 Pa 33 ?Zr- 2471..5
06-21---2023 a O 1 n 17vN
FILED WITH TOWN CLERK: May 23, 2023
PETITION NO: 5021
HEARING DATE: May 11, 2023
PETITIONER: Rojae Groce
PROPERTY: 37 Union Street, Yarmouth Port, MA
Map 124, Parcel S.I
Zoning District: R-40 & APD
Title: Book 34900, Page 113
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.
The petitioner is Rojae Groce, who seeks relief in connection with property located at 37 Union
Street, Yarmouth Port, Massachusetts, which property is located in an R-40 zoning district and within
the Aquifer Protection District.
Specifically, the petitioner seeks to modify conditions #4, #5, and #6 of the MGL c. 40B
Comprehensive Permit Number 3926 or, in the alternative, to overturn the Building Commissioner's
findings relating to the installation of the driveway and fence and the expansion of living space
without a permit. These findings by the Building Commissioner resulted in a notice of violation,
from which the petitioner now seeks relief.
The petitioner was aided and supported by John Aubin of Aubin Equipment, Dennis, Massachusetts.
Mr. Martin noted that the work in the interior, basement area had been completed by predecessors of
the petitioner twice removed. This basement construction increased the floor space by more than
10%. Further, a curb cut was submitted by Mr. Igoe to be a substantial change to the Comprehensive
Permit, requiring the Board's hearing. A vote was taken by the Board as to whether the changes to
the property would be considered "substantial" which each member agreed they were.
There were no exhibits received at the hearing, and there was no public input, despite an invitation to
do so. > ,
A TRUE COPY ATTEST.
Q� CMG 1 TOWN CL:_r::�
IIIN 13 2023
After substantial discussion and deliberation, a motion was made by Mr. Igoe, seconded by Mr.
Fraprie, to allow modification of the Comprehensive Permit as follows:
• Petitioner is to obtain all necessary permits concerning any work performed or to be
performed and obtain all necessary building department inspections about the interior and
exterior work;
• Petitioner is to remove the curb cut, which was installed by him;
• Petitioner is to return the driveway to a single driveway;
• Petitioner is to remove so much of the new fence which encroaches on the driveway; and,
• Petitioner shall complete all such work within 120 days of the filing of this decision.
A roll call vote was taken on the motion and an "aye" was voted by each member in favor of the
motion.
Steven DeYoung -
Aye
Sean Igoe -
Aye
Dick Martin -
Aye
Jay Fraprie -
Aye
John Mantom -
Aye
The modification of the Comprehensive Permit was, thereby, allowed and rendered.
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. As provided by the provisions of
said c. 40B, §§20-23, or otherwise, this Comprehensive Permit shall lapse if timely use hereof is
not commenced and continued.
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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 #5021 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
J U N 13 2023
A TRUE COPY ATTEST
6 OW MC;TOWN CLEF K
%rrr, .lUN 1 3 2023
Petition #: 5021
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: June 13, 2023
Certificate of Granting of a Comprehensive Permit
(General Laws Chapter 40B, Sections 20-23)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Comprehensive Permit
has been granted to:
Rojae Groce
37 Union street
Yarmouth Port, MA
Affecting the rights of the owner with respect to land or buildings at: 37 Union Street, Yarmouth Port, MA;
Map 124, Parcel 8.1; Zoning District: R-40 & APD; Title: Book 34900, Page 113 and the said Board of
Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said
Comprehensive 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 i 1 (last paragraph) and Section 13, provides that no Comprehensive 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.
Steven DeYoung, Chairman
HARNSTABLE REGISTIRY OF DEEDS
John F. Meade, register
A TRUE COPY ATTEST.
3 2023