HomeMy WebLinkAboutBOA #5082 Bk 3629'3 P 305 12174
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` TOWN OF YARMOUTH 4ti 3":_1 i_ r -9 f
BOARD OF APPEALS
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O � DECISION
FILED WITH TOWN CLERK: March 11,2024
PETITION NO: 5082
HEARING DATE: February 8,2024
PETITIONER: Peter V.Kimball,Trustee
Commercial Yarmouth Nominee Trust
PROPERTY: 24&32 Commercial Street,South Yarmouth,MA
Map 60 Parcel 174
Zoning District: B-1
Title: Book 23701,Page 139
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe,Jay Fraprie,John Mantoni,
Barbara Murphy and Anthony Panebianco
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 seeks a Special Permit pursuant to Zoning Bylaw §104.4 to convert two existing
commercial buildings into a condominium form of ownership. The Property is located in the B-1
Zoning District and is improved with two(2)commercial structures:Building 1 has two(2)stories
and was built in 1986 and Building 2 has one and one-half(1 '/z) stories and was built in 1985.
There are no changes proposed to the structures or the property.
The Board was presented with the proposed 24-32 Commercial Street Condominium Master Deed
and corresponding Site Plan and Floor Plans prepared by Horsley Witten Group of Sandwich,MA
dated October 24,2023.
No one spoke in favor or in opposition to the Petition. The Board reviewed the Petitioner's
submission and the provision of property management and was satisfied that the documents met
the intent and requirements of the bylaws. Further,the Board was satisfied thatagran ok e
requested relief would not cause any undue nuisance or hazard and would not be;, i r
to the present or future character of the neighborhood or Town. Att-
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2024
Bk 36293 Pg306-_#12174
Accordingly, a motion was made by Mr.Mantoni, seconded by Mr. Panebianco,to grant the
Special Permit with the condition that the Board receives updated trust document(s)modified
with the specific contact for the day-to-day management of the condominium to ensure public
health and safety, maintenance, and repair.
The members voted unanimously in favor of the motion.
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 M.G.L. c. 40A, 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, M.G.L. c. 40A, § 9)
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Sean Igoe,Vice Chair
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#5082 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.
WCIAta.(W14/044 .
Mary A. Maslowski, CMC
APR - 2 2024
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Bk 36293- Pg307 #12174
OV•Y'`lAt COMMONWEALTH OF MASSACHUSETTS
Wo TOWN OF YARMOUTH
x BOARD OF APPEALS
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Petition#: 5082 Date: April 1,2024
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:
Peter V.Kimball,Trustee
Commercial Yarmouth Nominee Trust
Affecting the rights of the owner with respect to land or buildings at: 24 &32 Commercial Street,South
Yarmouth,MA; Map 60 Parcel 174; Zoning District: B-1; Title: Book 23701,Page 139 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.
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Sean Igoe,Vice Chair
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RE�ISTRY OF DEEDS
A TCAL COPY,ATTEST
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BARNSTABLE REGISTRY OF DEEDS s_ ,
John F. Meade, Register 1- .o `*
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. mpwip:stoN CLERK
R 2024