HomeMy WebLinkAbout4971 205 Old Main St Withdrawn 08.22.22FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH 1AR04,0L Tpl AWN
BOARD OF APPEALS
DECISION
August 22, 2022
4971
August 11, 2022
St. David's Episcopal Church
205 Old Main Street, South Yarmouth, MA
Map 51, Parcel 38
Zoning District: RS-40
Title: Book 2848, 117
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick Neitz,
Dick Martin, John Mantoni.
Notice of the hearing was 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 was held on the date stated above.
The petitioner is Saint David's Episcopal Church which is located at 205 Old Main Street, South
Yarmouth, MA which property is in a zoning district RS-40. The petitioner seeks to modify Special
Permit Number 3788 so as to allow for the commercial rental of the church hall. The hall has
previously been rented contrary to Special Permit Number 3788.
Attorney David Lawler presented an overview of the recent history including references to the
limited commercial uses in the recent past. He specifically referenced MGL c 40A, §3, the so-
called "Dover Amendment" for the proposition that the Board could not maintain limitations on
the use by the church of its property. In particular, he cited to a case which he asserted supported
his interpretation of the statutory provision.
Though ultimately not invited to speak, many people appeared at the meeting in opposition to the
petition. Several letters in opposition had also been received by the Board prior to the hearing.
A spirited conversation concerning the merits of the one case cited by the petitioner's
representative as it relates to the matter before the Board followed. Mr. DeYoung and Mr. Igoe
advised the petitioner's representative that, if brought to a motion and vote, neither would support
the petition. The petitioner's representative then requested that the petition be allowed to be
withdrawn, without prejudice. A motion was made by Mr. Igoe, seconded by Mr. Mantoni to allow
the withdrawal of the petition, without prejudice. On this motion the Board, by roll call vote, voted
unanimously in favor and the petition was, therefore, allowed to be withdrawn and without
prejudice.
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)
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Steven DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
1, 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 #4971 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