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HomeMy WebLinkAbout3646M 121 Camp St Mill Pond Village Insubstantial Change Certified€1R4, QUTH SOWN CLERK RE MAIR 12112E AM9:02 TOWN OF YARMOUTH BOARD OF APPEALS REVISED COMPREHENSIVE PERMIT RPORA �,. FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: APPLICANT: March 13, 2026 3646M February 26, 2026 New MPV Acquisition, LLC and Trustees of Mill Pond Village Condominium Trust PROPERTY: Camp Street, West Yarmouth Map #44, Lots 16, 17, 18, 19, 20, 21; Map #53, Lots 1, 2, 3, 4 and 5 Zoning District: R-25 MEMBERS PRESENT AND VOTING: Sean Igoe, Chairman; Richard Neitz; Anthony Panebianco; and Timothy Scanlan 1. APPLICANTS New MPV Acquisition, LLC ("New MPV"), is a limited liability company with an address of 82 Meadowbrook Road, Mashpee, MA 02649, Attention: Ronald S. Bonvie. New MPV and the Trustees of the Mill Pond Village Condominium Trust (the "Trust") shall hereinafter be collectively referred to as the "Applicants." The Project is herein referred to as the "Mill Pond Village Condominium". II. PROCEDURAL HISTORY The Trust's predecessor in interest, The Villages at Camp Street, LLC ("Villages"), received a Comprehensive Permit from the Zoning Board of Appeals ("Board") pursuant to Chapter 40B, Sections 20 through 23, as modified pursuant to the terms of a stipulation between Villages and the Board in the matter of Villages at Camp Street, LLC v. Yarmouth Board of Appeals (Housing Appeals Committee No. 01-04) (the "Original Decision"), which was filed with the Town Clerk on November 15, 2001, and recorded at the Barnstable County Registry of Deeds at Book 18627, Page 330. Villages subsequently sought and obtained a Substantial Change (the "First Substantial Change") to the Original Decision from the Board. The First Substantial Change was filed with the Town Clerk on May 16, 2003, and recorded at the Barnstable County Registry of Deeds at Book 18637, Page 100. In addition, the Trust sought and obtained a Second Insubstantial Change from the Board concerning location and construction of decks on the units, dated December 21, 2012 and recorded with said Registry at Book 27394, Page 100 (the "Second Insubsk"' Lg ft , ATTEST &t • wu� ,�, CMPA 1 CMC / TOWN CLERK APR - 7 2026 Following the First Substantial Change, Villages built and sold sixty (60) of the one hundred thirty six (136) permitted units and then lost the property to foreclosure. MassHousing, the Subsidizing Agency in the Original Decision, reclaimed the development rights for the Project. MassHousing was unable to sell the development rights, and they were subsequently transferred to the Trust in 2008 by MassHousing. The Board approved a Third Insubstantial Change on December 14, 2015. The Third Insubstantial Change is recorded with said Registry at Book 29395, Page 116. Finally, on or about February 17, 2026, the Applicants requested a Fourth Insubstantial Change pursuant to 760 CMR 56.05(11) and 760 CMR 56.07(4). The requested change asked the Board to delete the words "and continues without unreasonable delay thereafter," from Condition 21 of the Original Decision, so that said paragraph would read as follows: 21. This Comprehensive Permit shall expire twenty four (24) months after the date that it was filed with the Yarmouth Town Clerk, or, if later, the date of the Decision by the Housing Appeals Committee, unless construction has then commenced, and eomdhaay WMew mnfeasenabk delay thereafter,- or unless the petitioner has, prior thereto, applied to the Board for an extension of this time limit, which request the Board shall not unreasonably withhold. III. DECISION The Motion to approve the Requested (Fourth) Insubstantial Change was made by Mr. Scanlan and seconded by Mr. Neitz. The members voted as follows: Mr. Neitz: AYE; Mr. Panebianco: AYE; Mr. Scanlan: AYE; Chairman Igoe: AYE. The Board voted 4-0 in favor to approve the Requested Insubstantial Change. All other terms and conditions of the Original Decision, as amended by the aforementioned Changes, remain in full force and effect. Sean Igoe, Chairman CERTIFICATION OF TOWN CLERK 1, 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 #3646M 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. Maslowski, MMC, CMMC APR - 7 202J RUE COPY ATTEST: • CMMO I CMC 1 TOWN CLERK