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Home My WebLink AboutBOA # 5143 Ritual B t DS -_ `f -64, itzpint n TOWN CLERK FEE Do,_s 1 .516 r 326 01-13-2025 8152 DEC 16'24Am9:19 BARNSTABLE LAND COURT REGISTRY 097:?-I. 6Z3 _ p�, TOWN OF YARMOUTH 0 t H. BOARD OF APPEALS • f DECISION 'k\cfRPORv›�S✓ FILED WITH TOWN CLERK: December 16, 2024 RECE ! VED PETITION NO: 5143 --- HEARING DATE: November 14,2024 FEB 18 202,5 BUILDING DEP%IMMENT PETITIONER: Ritual Esoterics, LLC By _ Holly Lemieux, d/b/a Ritual PROPERTY OWNER: Oscar Taylors, LLC PROPERTY: 23 Whites Path, Unit 23, South Yarmouth, MA Map 97, Parcel 21.C23 Zoning District: B-1,APD, Zone II Document#779584 MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Martin,Jay Fraprie, John Mantoni and Dick Neitz 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, Holly Lemieux, seeks a Variance from §303.5.5.3 in connection with proposed signage at the Ritual boutique located at 23 Whites Path, Unit 23, South Yarmouth, Massachusetts. The property is located in the B-1 zoning district. The proposed sign measures 7 feet, 8 inches in length, where 7 feet is allowed per the bylaw. Ms. Lemieux testified that she had paid $2,600 for the carved sign and had used the sign at the previous location of her business, which sells books, crystals, and tarot. Prior to the hearing, the Board received a letter of support from an abutter and a letter from the landlord who will allow the usage of the sign, if permitted by the Board. No abutters appeared either in favor or against the petition at the hearing. ••••• .... T YWAV.111.44/0/44 to am-... - /$-yw.._— The Board agreed that the petitioner qualified for a Variance because it would be a financial hardship to purchase a new sign for the business. It was the consensus of the Board that granting the relief would not be derogating from the purpose and intent of the bylaw. Accordingly, a motion was made by Mr. Martin, seconded by Mr. Fraprie, to grant the Variance as requested. The members voted unanimously(5-0) in favor of the motion. 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, a Variance shall lapse if the rights authorized herein are not exercised within 12 months. (See MGL c40A §10) Sean Igoe, Vice Chair 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#5143 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. #144070004' Mary A. Maslowski, CMMC, CMC JAN ® 6 2025 y !�--�. .. . ... •�, "YA COMMONWEALTH OF MASSACHUSETTS / of 0\ TOWN OF YARMOUTH p og, 1 BOARD OF APPEALS i� -lNATTACHEESE \1'00 PORA7E0`OA Petition#: 5143 Date: January 6, 2025 Certificate of Granting of a Variance (General Laws Chapter 40A, Section 10) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: PETITIONER: Ritual Esoterics,LLC; Holly Lemieux, d/b/a Ritual PROPERTY OWNER: Oscar Taylors, LLC Affecting the rights of the owner with respect to land or buildings at: 23 Whites Path, Unit 23, South Yarmouth,MA; Map 97, Parcel 21.C23; Zoning District: B-1, APD, Zone II; Document#779584 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance, 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 Variance, 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. ice+ r Sean Igoe,Vice Chair thihit kt44,10144 BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register ,JAN - gnu A � CL1 � | PrintoU. January 13' 20125 ib U��52 16 uxHNSTA8L[ LAND COURT REGISTRY JumN F. MEADE, REGISTER Trann#: 3838 IN PERSON '0pw''JUSTIN Uuc#: 1516126 Ctl#: 114 Rao:1-13'425 8 U8a YARM � � mOC DB(RIPriON 0ANSAMT ^ ~ ASoc. xo,nomu C mo|10E county Foe $JO 00 SurchorUe CPA � 30�8U State Fee $20 0d 5U�U0 � SurchargeT �0 00 aoh $5�00 5.O0 Tnta} fees: — � 105.00 "*w Total char�)�,a: 105.00 CHECK PM 150 lV�.00