HomeMy WebLinkAboutDecision 4293 928B Route 28FILED WITH TOWN CLERK:
PETITION NO: #4293
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BARNSTABLE LAND COURT REGISTRY
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
March 8, 2010
HEARING DATE: February 25, 2010
PETITIONER: Nickinello Realty Trust aQ Bass River
PROPERTY: 928B Route 28, South Yarmouth
Map & Parcel: 0041.21.1; Zoning District: B2
Certificate #103646, Lot 3 on Plan 23614-B
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MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Joe Sarnosky,
Dick Neitz and Bob Palmer.
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.
The Petitioner is the Nickinello Realty Trust at Bass River, an existing complex of residential and
commercial units.
Specifically, the petition seeks to "re -approve" or re-establish the Special Permits granted to the
Petitioner in petitions 3143 and 3144 dated 10/26/94 which, through inadvertence, were not
recorded by the Petitioner.
Paul Tardif, Esquire, spoke in favor as the Petitioner's representative as did Jeff Nickinello. No
one spoke in opposition. One exhibit was received consisting of three pages of plans entitled
"Reconfiguration of Existing 1 Bedroom Apartment", A & M Land Services dated 01/08/10.
After a review of the current use of the premises and determination that there had been substantial
use of the property consistent with the relief granted in 1994, and that there was no additional
relief being sought, it was felt that the relief was reasonable so as to correct a ministerial error.
...... ... � .- • Accordin gly, on a Motion made by Mr. Neitz and seconded by Mr. Igoe, it was voted-"
unanimously to re -approve and confirm the relief granted in petitions 3143 and 3144 subject to
the conditions stated in the previously granted Special Permit and without any new conditions.
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 fling 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 c4OA §9)
Steven DeYoung, Chairm
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