HomeMy WebLinkAboutBOA #4389Bk 28791 Pg182 #15186
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION::,-F,
TILED WITH TOWN CLERK: May 8, 2012
PETITION NO: #4389
HEARING DATE: April 26, 2012
PETITIONER: Lisbeth N. Kamborian
PROPERTY: 179 & 181 South Street, South Yarmouth, MA
Map & Parcel: 0034.259.1; 0034.259.2; Zoning District: RS-40
Ctf. #178781; Doc.#: 1,021,228
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Joseph Sarnosky,
Debra Martin, Bryant Palmer and Robert Howard.
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
Register, the hearing opened and held on the date stated above.
Lisbeth N. Kamborian is the Petitioner who, at hearing, was well represented by Andrew Singer,
Esquire. The hearing proceeded without controversy. No one spoke in opposition to the Petition.
A letter was received at the hearing from Ralph Cadman, Trustee of the Bass River Drummer
Realty Trust.
The Petitioner seeks a Special Permit from Bylaw § 1043.5 in connection with property located
within a RS-40 Zoning District at 179 & 181 South Street, South Yarmouth, Massachusetts, so as
to allow for the recombining of two lots split in 2005 back to one lot. The land is shown as Lot l
on a Plan of Land entitled "#179 and #180, South Street, Yarmouth MA, prepared for Lisbeth N-
Kamborian, Land Court Plan #9187, Feb. 22, 2012. Scale 1" = 30'. There will be no change to
the three existing structures or uses on the land.
Finding that there will be no change of use and given the history and status of the property, the
Board found that the grant of a Special Permit will not create any undue nuisance, hazard or
congestion, nor any substantial harm to the established or future character of the neighborhood or
Town.
Bk 28791 Pg183 #15186
Accordingly, on Motion to approve the grant of the Special Permit as set forth within the Petition
without condition as made by Mr. Sarnosky and seconded by Mrs. Martin, it was voted
unanimously in favor.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. 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, MGL c40A
§9)
Steven DeYoung, Cha'Irf4an
BARNSTABLE COUNTY
REGISTRY OF DEEDS
A TRUE COPY, ATTEST
BARNSTABLE REG1STRy OF DEEDS
John F. Meade, Register
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