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HomeMy WebLinkAboutBOA #5028 Bk 35903 Pg140 #29202 07-24-2023 @ 10 : 10a , TOWN OF YARMOUTH rr t �'� BOARD OF APPEALS t.. .. = `°.. . .4 DECISION _ x; R i JUL 312023 FILED WITH TOWN CLERK: June 23, 2023 BViLDING DEPARTMENT PETITION NO: 5028 ay —-- HEARING DATE: June 22, 2023 PETITIONER: Andrew Laird and Cynthia Laird PROPERTY: 185 South Sea Avenue, West Yarmouth, MA Map 17, Parcel 101.1 Zoning District: R-25 Title: Book 35024, Page 301 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick Martin, Barbara Murphy, and John Mantoni 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 dwelling units into a condominium form of ownership. The Property is located in the R-25 Zoning District and is improved with two 2-story structures: the front building containing 4 bedrooms and the rear building having one bedroom. The lot consists of 50,049 square feet, and the structures were built in approximately 1880. There are no changes proposed to the structures or the property. The Board was presented with the proposed Condominium Declaration of Trust together with the Crowell Heritage Condominium Master Deed. The Board also received an acknowledgement by Mark Grylls, the Yarmouth Building Commissioner, that he had waived the necessity of conducting a Site Plan Review meeting, pursuant to Yarmouth Zoning Bylaw Section 104.1.1. No one appeared 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 that the grant of the requested relief would not cause any undue nuisance or hazard and would not be more detrimental to the present or future character of the neighborhood or Town. A TRUE COPY ATTEST: b144t-ta- /TOWN CLERK JUL 1 7 2023 Bk 35903 Pg141 #29202 Accordingly, a motion was made by Mr. Igoe, seconded by Mr. Mantoni, to grant the Special Permit, as requested. The members voted unanimously in favor of the motion as follows: Steven DeYoung: Aye; Sean Igoe: Aye; Dick Martin: Aye; Barbara Murphy: Aye; John Mantoni: Aye No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall he 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) #,Itir"...„1E11144, Steven DeYoung, Chairman CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 clays have elapsed since the filing with me of the above Board of Appeals Decision #5028 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. ffiLdint„..464, • Mary A. Maslowski JUL 1 7 2023 A TRUE COPY ATTEST: aNkiii-"41.4 l 'MiC/TOWN CLEEK JUL 1• 7 2023 Bk 35903 Pg142 #29202 { - � COMMONWEALTH OF MASSACHUSETTS :: - TOWN OF YARMOUTH ,r- .� BOARD OF APPEALS lit r, : Petition 4: 5028 Date: July 14, 2023 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 1 1) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Andrew Laird and Cynthia Laird Affecting the rights of the owner with respect to land or buildings at: 185 South Sea Avenue, West Yarmouth, MA; Map 17, Parcel 101.1; Zoning District: R-25; Title: Book 35024, Page 301 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. "LfZ, liDgc)...,.. Steven DeYoung, Chairman A TRUE COPY ATTEST: CMC.;1 TCLVN CLEF K LE BARNSTABLE CCORS?G REG1SIM° at DEEDS 13 fi'.rFTVFn c RFrnpnF.n FT.W.TPnNT rAT.T.V LAW OFFICES OF PAUL R. TARDIF, ESQ., P.C. 490 MAIN STREET YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R Tardif,Esq. Stacey A. Curley,Esq. ptardif@tardiflaw.com www.tardiflaw.com scurley@tardiflaw.com REFER TO FILE NO. July 27, 2023 Dolores Fallon Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Zoning Appeal— 185 South Sea Avenue, West Yarmouth Andrew Laird and Cynthia Laird - Petition 5028 Dear Ms. Fallon: Enclosed please find a copy of the Board of Appeals Decision,which was recorded,for the above referenced matter on July 24, 2023 in the Barnstable County Registry of Deeds in Book 35903, Page 140. Please note that a copy of the recorded Decision has been forwarded to the 1 ing De ent for their records. I thank you for your assistance in this matter. Ve T 1 Y urs, . R. Tardif cc: Andrew and Cynthia Laird C Mark Grylls, Building Department "` v.��` 312023 BY