HomeMy WebLinkAbout5148 90 Seaview Ave 3C Decision RecordedYARMOUTH TOWN CLERK RE ek 36883 P.: 144 -11067
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FILED WITH TOWN CLERK: February 27, 2025
PETITION NO: 5148
HEARING DATE: January 9, 2025
PETITIONER: Sand Dollar Customs, LLC
PROPERTY OWNER: Ann S. Ward
PROPERTY LOCATION: 90 Seaview Avenue, Unit 3C, South Yarmouth, MA
Map 25, Parcel 99.C3C
Zoning District: R-25
Book 12269 Page 22
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie,
John Manton, 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 stated above.
The petitioner is Sand Dollar Customs, LLC with respect to property located at 90 Seaview
Avenue, Unit 3C, South Yarmouth, Massachusetts, which property is located in an R-25 zoning
district. The structures at 90 Seaview Avenue were created pre -zoning, before converting to
condominium units.
The petitioner seeks relief in the form of a Special Permit per § 104.3.2 to expand a preexisting
nonconforming use to add a 19' 3" x 11' 11" screened porch to the back of the unit.
The initial hearing on December 12, 2024 was continued to January 9, 2025 to allow the
petitioner to provide an updated plot plan.
For the continued hearing on January 9, 2025, the petitioner provided a certified plot plan, dated
January 7, 2025, which included the septic system component locations and the dimensional
requirements table. Walter Warren of Sand Dollar Customs represent a pro "er, Ann
Ward, who was also present at the hearing. `
A TRI© ATTEST:
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Mr. Warren noted that the proposed porch will be constructed with an Eze-Breeze window
system that is screened and has plastic panels that can be raised and lowered.
No one spoke in favor or in opposition to the petition at this hearing or the previous hearing
The Board wanted to ensure that the proposed porch is not used as year-round living space.
A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to grant the Special Permit
with the conditions that
1) The porch shall not be heated; and
2) The porch shall not be used year-round.
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,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw §103.2.5, MGL c40A §9)
Sean Igoe, 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 #5148 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. OOMaslowski, CMMC, CMC
MAR 2 0 2025
0 - YA,4 COMMONWEALTH OF MASSACHUSETTS
¢ �r0 TOWN OF YARMOUTH
y BOARD OF APPEALS
HOOROORAtEO,E�
Petition #: 5148 Date: March 20, 2025
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:
PETITIONER: Sand Dollar Customs, LLC
PROPERTY OWNER: Ann S. Ward
Affecting the rights of the owner with respect to land or buildings at: 90 Seaview Avenue, Unit 3C, South
Yarmouth, MA; Map 25, Parcel 99.C3C; Zoning District: R-25; Book 12269 Page 22 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 I 1 (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.
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Sean Igoe, Chairman
BARNSTABLE REGISTRY OF DEEDS
,lohn F. Meade, Register
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