HomeMy WebLinkAbout5038 184 South Sea Ave Unit 10 Decision RecordedDocalr487r541 09-14--2023 9:04
BARNSTABLE LAND COURT REGISTRY
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
August 14, 2023
5038
July 27, 2023
Matthew Feid and Robyn Feid
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PROPERTY: 184 South Sea Avenue Unit 10, West Yarmouth, MA
Map 17, Parcel 136-C10
Zoning District: R-25
Land Court Lot #279138, Plan #21952-B-1
Certificate of Title #C94-10
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick
Martin, Jay Fraprie, .John Mantoni, and Barbara Murphy (Alternate).
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 Cock Times, the hearing opened and held on the date stated above.
The petitioners are Matthew and Robyn Feid who seek relief with respect to the property located at
184 South Sea Avenue Unit 10, West Yarmouth, Massachusetts, which property is located in a
R-25 zoning district. The petitioners seek to increase the size of a deck on a non -conforming, single-
family structure, so as to enhance their water view. The petitioners presented a letter from the
Conservation Commission in general support of project, and from three abutting neighbors, all
supporting the petition.
The proposed new deck will be 18 feet long, and as close to the conservation line as permitted,
based upon the drawings submitted to the Conservation Commission. This new deck will replace a
6' x 3' deck which, the Board agreed, was lacking in utilitarian purpose.
Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Martin, to grant the request for
the Special Permit.
A roll call vote was taken, and the members voted unanimously in favor of the motion as follows:
Steven DeYoung: Aye; Sean Igoe: Aye; Dick Martin: Aye; Jay Fraprie: Ay5;.John-Manton: Aye;
Barbara Murphy (Alternate): Aye. i,:E�' *YA
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At the request of the petitioner, the Board voted on a motion made by Mr. Fraprie, seconded by Mr.
Martin, to allow the withdrawal of the Variance, without prejudice.
A roll call vote was taken, and the members voted unanimously in favor of the motion as follows:
Steven DeYoung: Aye; Sean Igoe: Aye; Dick Martin: Aye; Jay Fraprie: Aye; John Manton: Aye;
Barbara Murphy (Alternate): 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)
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 #5038 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
�A TRUE 0jKY ATTEST
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/-PfA WN CLERK
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Petition #: 5038
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: September 4, 2023
Certificate of Granting 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:
Matthew Feid and Robyn Feld
Affecting the rights of the owner with respect to land or buildings at: 184 South Sea Avenue Unit 10, West
Yarmouth, MA; Map 17, Parcel 136-C10; Zoning District: R-25; Land Court Lot #279138, Plan #21952-
B-1; Certificate of Title #C94-10 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 hearing 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
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0- A;TRLIE ATTEST.
BARNSTABLE REGISTRY OF DEEDS " }`
BARNSTABLE COUNTY ohn- F. Meade, Register
" REGISTRY OF DEEDS � N CLERK
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A TRUE COPY, ATTEST - 5 2023
JOHN F. MEADE REGISTER