HomeMy WebLinkAbout5028 185 South Sea Ave Decision 06.23.23YARMOUTH fs! & RK
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
June 23, 2023
5028
June 22, 2023
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.
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 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
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 #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.
Mary A. Maslowski