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HomeMy WebLinkAboutBOA #4390Appeal #4390 Doc_ : 1 r 266 r E64 04-0?-2015 2 s 24 BARNSTABLE LAND COURT REGISTRY Bk 28791 P:!3184 0615187 04-69-2015 d 42 = 580 COMMONWEALTH OF MA.SSACHUSETTS TOWN OF YARMOUTH Date: May 29, 2012 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: Lisbeth N. Kamborian 17 Pelham Terrace Arlington, MA 02174 Affecting the rights of the owner with respect to land or buildings at,179 & 181 South Street, South Yarmouth, MA Zoning District: R5-40; Map & Lot#: 0034.259.1 &; 0034.259.2; Doc.#:1,021,228; Ctf.#:178781 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 that 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. a LAND COURT, 6 N. The tend Steven AeYo Chairman herein deem vdi� be shown on our approved plan to follow 68 q,GGErC� 0 9 7015 p1mpwo"MAs p>[f IPM ONLY) i t. MN1~ Bk 28791 Pg185 #15187 TOWN OF YARMOUTH Town 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK I, Jane E. Hibbert, 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 #4390 and 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. ILL. JaAe E. HibberE CMC,LCMMC owri.Cler�C ' Bk 28791 Pg186 #15187 TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: May 8, 2012 PETITION NO: #4390 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 Certificate #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. Abutter Paolo Petrillo spoke about a parking concern to the Petition; and a letter was received at the hearing from, Ralph Cadman, Trustee of the Bass River Drummer Realty Trust, regarding the use of the garage building. The Petitioner seeks a Special Permit from Bylaw § 104.4.1 and Use Regulation Schedule §202.5 A1, Q2 and Q3, in connection with property located within a RS40 Zoning District at 179 & 181 South Street, South Yarmouth, Massachusetts, so as to allow for the conversion of the two existing dwellings and one detached garage building at the combined property to the condominium form of ownership as set forth in the condominium documents submitted to the Board. The Property is shown on a Plan of Land entitled "Condominium Site Plan prepared for LNK Condominium, #179 & #181 South Street, Yarmouth, MA, prepared for Lisbeth N. Kamborian, Land Court Plan #9187, March 1, 2012, Scale 1" = 20'. There will be no change to the three existing structures or uses on the land. After a brief discussion regarding the garage building and possible conditions on use, the Board found that there will be no change of use and that the Petitioner has made adequate provisions defining the uses and restrictions on such uses within the Condominium Master Deed and Condominium Bylaws and has further provided adequate provisions governing the management authority of the condominium to insure maintenance and repair of public health and safety aspects of the property, and that the grant of a Special Permit, with conditions, will not create any undue Bk 28791 Pg187 #15187 nuisance, hazard or congestion nor substantial harm to the established or future character of the neighborhood or Town. Accordingly, on Motion to approve the grant of a Special Permit as set forth within the Petition and with the conditions as made by Mrs. Martin that 1) there shall be no storage of commercial vehicles or commercial goods in the garage building, and 2) there shall be no installation of central heating and plumbing in the garage building. Further, these conditions shall be duly -noted in the Master Deed. The Motion was seconded by Mr. Palmer and the Board, on Motion to grant with conditions as stated, 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 §103.2.5, MGL c4OA §9) 99-�= P�*� Steven DeYoun , airman BARNSTABLE COUNTY REGISTRY OF DEEDS A TEA ATTEST joHN F. MEADE REdISTER BARNSTABLE REGISTRY OF DEEDS 1©hn F Meade, Register 2