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Home My WebLink AboutBOA #5156 & 5157 LAW OFFICES OF PAUL R. TARDIF, ESQ., P.C. 490 MAIN SIRE[ f YARMOUI H PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R Tardy,,Esq. Stacey A. Curly,Esq. ptardif(a)tardiflaw.com www.tardiflaw.com scurley(nUtardiflaw.com REFER TO FILE NO. March 30, 2025 Dolores Fallon Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Zoning Appeal— 116 and 118 North Main Street, South Yarmouth Dimitrious and Darlene Missios and Susan Johnston/Petition#5156 and 5157 Dear Ms. Fallon: Enclosed please find copies of two (2) Zoning Board of Appeals Decisions, which were recorded for the above referenced matter on March 25, 2025 in the Barnstable County Registry of Deeds in Book 36887, Page 43 and in Book 36887, Page 46. Please note that copies of the recorded De ' ions have been forwarded to the Building Department for their records. I thank u for ypur as.istance in this matter. Very 'r yl You , cc: David La ler, Esq. Mark Gry Is, Building Department APR 02 2025 I3UiLDINi3 DE: AKfM ENT ---------- t'w: liflj .:Wi ` .':s. Bk 36887 P 46 #11407 03-25-2025 @ 09:23a pFy'ZZ= TOWN OF YARMOUTH Q� BOARD OF APPEALS O wk�j/ DECISION FILED WITH TOWN CLERK: February 27,2025 PETITION NO: 5156 HEARING DATE: January 23,2025 PETITIONER: Darlene A.Missios and Dimitrios Missios PROPERTY: 116 North Main Street,South Yarmouth,MA Map 70,Parcel 45 Zoning District:R-40 Title:Book 22233,Page 194 MEMBERS PRESENT AND VOTING:Chairman Sean Igoe,Jay Fraprie,Dick Martin,John Mantoni and Barbara Murphy 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 seeks a Special Permit pursuant to Zoning Bylaw§104.3.5 and§203.5 to conduct an equivalent so-called"land swap"of corresponding 370 square foot parcels. Petitioner Missios's lot contains 13,103 square feet of area and is improved with a single-family dwelling constructed in approximately 1949.The abutting property,owned by Susan Johnston, contains 32,334 square feet and is improved with two(2)single-family dwellings constructed in approximately 1960.The parties propose to swap 370 sf lots with each other,thus keeping the current square footage constant for both lots.The proposal came about as a result of discovering that the house on 116 North Main Street was constructed,partially,over the southerly boundary of 118 North Main.Lot area of both parcels shall,post-swap,remain the same,and no new nonconformities are being created,nor are building lots being created. The Board was satisfied that the combination or re-division of these lots would not increase the number of non-conforming individually buildable lots over the number of such lots as presently exist;that the combination or re-division shall not increase any pre-existing non-conformity nor create any new non-conformity as to any existing structure or use of the lots involved or affected by the combination or re-division;and the development and use of all of the resulting and affected lots as proposed would be consistent with the current and future development of the neighborhood and zoning district,would not cause or substantially contribute to any undue nuisance,hazard,or congestion in the neighborhood or zoning district,would substantially A TRUE COPY ATTEST: CMMO MC 1 TOWN CLERK Bk 36887 Pg47 #11407 promote the intent and purpose of the Bylaws currently in effect, and the entire combination or redivision proposal is consistent with the intent and purpose of this sub-section. Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Mantoni, to grant the Special Permit as requested, without conditions. The members voted as follows: Mr. Igoe AYE Mr. Martin AYE Mr. Mantoni AYE Ms. Murphy AYE Mr. Fraprie AYE The Petitioner then requested that the request for a Variance noted in the application, which was offered in the alternative,be withdrawn without prejudice. The Board voted unanimously to grant that withdrawal without prejudice. 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 §l 03?.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#5156 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. ht,he'W/A111X41-1 Mary A. Maslowski, CMMC,CMC R 2 0 2625 A TRUE COPY AT T.TES WL CMMD/CM #14.6*)//-44 C 1 TOWN CLERK AR 2 0 i 25 Bk 36887 Pg48 #11407 (o'l-e—'Y•q,4COMMONWEALTH OF MASSACHUSETTS `` ,;=�-: TOWN OF YARMOUTH i- „Ti BOARD OF APPEALS a,, „r = r Petition#: 5156 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: Darlene A. Missios and Dimitrios Missios Affecting the rights of the owner with respect to land or buildings at: 116 North Main Street, South Yarmouth,MA; Map 70, Parcel 45; Zoning District: R-40; Title: Book 22233,Page 194 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. -- :.- --.-., _)r .._. Sean Igoe, Chainnan • • TRUE COPY ATTEST: , 'CM1Vpa 1 CMC 1 TOWN CLERK WOHN ES 2EGISTER STABLE COUNTY REGISTRY OF DEEDS RECEIVED fi RECORDED ELECTRONICALLY Bk 36887 Pg43 #11406 ti4t4 CI.;: . R . 03-25-2025 @ :.:. 0\ TOWN OF YARMOUTH - ;. : - •Y % BOARD OF APPEALS 0" ``` �i DECISION �PaaY�°��w FILED WITH TOWN CLERK: February 27,2025 PETITION NO: 5157 HEARING DATE: January 23,2025 PETITIONER: Susan Johnston PROPERTY: 118 North Main Street,South Yarmouth, MA Map 70,Parcel 44 Zoning District: R-40 Title: Book 3827,Page 138 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe,Jay Fraprie,Dick Martin,John Mantoni and Barbara Murphy 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 seeks a Special Permit pursuant to Zoning Bylaw §104.3.5 and §203.5 to conduct an equivalent so-called"land swap"of corresponding 370 square foot parcels. Petitioner Johnston's lot contains 32,334 square feet of area and is improved with two(2)single- family dwellings constructed in approximately 1960. The abutting property,owned by Darlene A. Missios and Dimitrios Missios, contains 13,103 square feet and is improved with a single family dwelling constructed in approximately 1949. The parties propose to swap 370 sf lots with each other, thus keeping the current square footage constant for both lots. The proposal came about as a result of discovering that the house on 116 North Main Street,owned by the Missioses, was constructed,partially, over the southerly boundary of 118 North Main. Lot area of both parcels shall,post-swap,remain the same, and no new nonconformities are being created, nor are building lots being created. The Board was satisfied that the combination or re-division of these lots would not increase the number of non-conforming individually buildable lots over the number of such lots as presently exist; that the combination or re-division shall not increase any pre-existing non-conformity nor create any new non-conformity as to any existing structure or use of the lots involved or affected by the combination or re-division; and the development and use of all of the resulting and affected lots as proposed would be consistent with the current and future development of the neighborhood and zoning district,would not cause or substantially contribute to any undue cry ii ST reite4tte• Uatx144 C /CHIC/TOWN Ci.ER Bk 36887 Pg44 #11406 nuisance,hazard,or congestion in the neighborhood or zoning district, would substantially promote the intent and purpose of the Bylaws currently in effect, and the entire combination or redivision proposal is consistent with the intent and purpose of this sub-section. Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Mantoni, to grant the Special Permit as requested, without conditions. The members voted as follows: Mr. Igoe AYE Mr. Martin AYE Mr. Mantoni AYE Ms. Murphy AYE Mr. Fraprie AYE The Petitioner then requested that the request for a Variance noted in the application, which was offered in the alternative, be withdrawn without prejudice.The Board voted unanimously to grant that withdrawal without prejudice. 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#5157 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, CMMC, CMC MAR 2 0 2025 A TRUE COPY ATTEST C ' /CMC/TOWN CUR MAR 2 0 2625 Bk 36887 Pg45 #11406 14.. COMMONWEALTH OF MASSACHUSETTS , y .�r0 TOWN OF YARMOUTH " . BOARD OF APPEALS ‘Z i A�Yji;�ye[aC. Petition#: 5157 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: Susan Johnston Affecting the rights of the owner with respect to land or buildings at: 118 North Main Street,South Yarmouth,MA; Map 70, Parcel 44; Zoning District: R-40 Title: Book 3827, Page 138 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. `+N .y 1 Sean Igoe, Chairman A TRUE COPY ATTEST C 6,G1wC attakir` qy$ y REGISTRY OF DEEDS RECEIVED & RiAtED ELECTRONICALLY