HomeMy WebLinkAboutBOA #5126 E k 36637 F' 289 �4252r�
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%, 0\l TOWN OF YARMOUTH
. BOARD OF APPEALS
O DECISION
-MATTACHEESE
;. PO R;JED
FILED WITH TOWN CLERK: September 17, 2024
PETITION NO: 5126
HEARING DATE: August 22, 2024
PETITIONER: A & M Management Group LLC
PROPERTY: 2 Buttercup Lane, South Yarmouth, MA
Map 119, Parcel 33
Zoning District: R-40
Title: Book 36199, Page 322
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick
Martin,Jay Fraprie, and Anthony Panebianco.
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 as stated above.
The petitioner is A & M Management Group LLC which seeks relief in connection with property
located at 2 Buttercup Lane, South Yarmouth, Massachusetts, such property being in an R-40
zoning district. The relief sought is either to allow modification of Special Permit #4984 dated
May 1, 2023 or for the issuance of a new Special Permit per zoning bylaw §104.3.2 and/or a
Variance from §203.5. Aleksandr Nemanov appeared on behalf of A & M Management Group
LLC. When the house was constructed pursuant to the existing Special Permit, the plans for the
construction did not include a bulkhead entrance into the basement. Also, the petitioner had not
requested relief for the elevated stairway in Petition #4984.
With this new construction, the bulkhead would be 10.8 feet from the westerly sideline and the
elevated stairway would be 3 feet from the westerly sideline, though 20 feet is usually required
in the zoning district. No one spoke in favor or in opposition to the requested relief. One exhibit
was received at the time of the hearing. Mr. Nemanov presented a May 28, 2024 email from an
abutter, Mr. John Callahan, 1 Buttercup Lane, who was not opposed to the reduced setback.
The Board Members universally felt that the relief needed could be granted by way of a
modification of Special Permit #4984 because this requested relief extends the nonconformity
created by the existing permit. The Board acknowledged that the bulkhead into the basement is
necessary access, meets the criteria, and cannot be placed anywhere else on ttlie_pr_perrtyA TRUE PY ATTESfi:
L M• ,C.l L; C I T QVvN CLEi K
OCT m 9 2024
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elevated stairway is necessary access to the shoreline and the only feasible spot for the stairway
is the existing dock area. Mr. Martin noted that according to the Plant Schedule, one white oak
was removed in error. Mr. Nemanov testified that 2 or 3 trees remain at the front of the property.
A motion was made by Mr. Igoe and seconded by Mr. Martin to modify Special Permit#4984,
dated May 1, 2023, to allow construction of the bulkhead 10.8 feet from the westerly sideline
and the elevated stairway 3 feet from the westerly sideline, according to the plans (i.e., Site Plan
dated July 8, 2024; Plant Schedule revised February 23, 2024; Stairway to Dock revised
February 23, 2024), and with the condition that the petitioner comply fully with the
Massachusetts Department of Environmental Protection Order of Conditions #083-2340 issued
on April 30, 2024.
A roll call vote was taken and the following resulted: Mr. Panebianco-AYE; Mr. Igoe-AYE; Mr.
Fraprie-AYE; Mr. Martin-AYE and Mr. DeYoung-AYE. Special Permit#4984 was, accordingly,
voted unanimously in favor of amendment consistent with this decision and with the stated
condition.
A motion was made by Mr. Fraprie and seconded byMr. Martin to allow the request for Special
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Permit to be withdrawn without prejudice. On a voice vote (5-0), the motion was approved.
A motion was made by Mr. Fraprie and seconded by Mr. Martin to allow the request for
Variance to be withdrawn without prejudice. On a voice vote(5-0), the motion was approved.
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)
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#5126 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.
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Mary A. Maslowski, CMMC, CMC A TRUE
COPY ATTEST:
OCT 9 2024
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OCT - 9 2024
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o YAK COMMONWEALTH OF MASSACHUSETTS
Ai
TOWN OF YARMOUTH
( itr.--: ' - ;s BOARD OF APPEALS
[ \ MATTACHEESE
� �PP°RAT ' .
Petition #: 5126 Date: October 8, 2024
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:
A & M Management Group LLC
Affecting the rights of the owner with respect to land or buildings at: 2 Buttercup Lane, South Yarmouth,
MA; Map 119, Parcel 33; Zoning District: R-40; Title: Book 36199, Page 322 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.
)1,=,. Sec;...„.
Steven DeYoung, Chairman
A. s 9
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BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register ' gTRUE COPY ATTEST.
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OCT - 9 2024