HomeMy WebLinkAbout5248 11 Gate Way Decision Certified 09.11.26.1AR OUTR TOUR CLERK RE
AP 11,26 qm9: 8
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER &
PROPERTY OWNER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
September 11, 2026
5248
August 27, 2026
Michael Kearney and Linda Kearney
11 Gate Way, South Yarmouth, MA
Map 25, Parcel 4
Zoning District: R-25
Title: Book 29809, Page 170
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Barbara
Murphy, Richard Neitz 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 seeks a Special Permit pursuant to Zoning Bylaw § 104.4 to convert an existing
duplex in to a condominium form of ownership. The Property is located in the R-25 Zoning
District and is improved with one one-story structure, each of which containing 2 bedrooms. The
lot consists of 10,066 square feet, and the structures were built in approximately 1966. There are
no changes proposed to the structures or the property.
The Board was presented with the proposed Condominium Declaration of Trust together with the
Gate Way Condominium Master Deed. The Board also received an acknowledgement by Mark
Grylls, the Yarmouth Building Commissioner, that he had waived the necessity of conducting a
Site Plan Review meeting, pursuant to Yarmouth Zoning Bylaw Section 104.1.1.
No one appeared in opposition to the Petition. The Board reviewed the Petitioner's submission
and the provision of property management and was satisfied that the documents met the intent
and requirements of the bylaw. Further, the Board was satisfied that the grant of the requested
relief would not cause any undue nuisance or hazard and would not be more detrimental to the
present or future character of the neighborhood or Town.
RUE A EST•.
Roo 9 - 130
Cif 100 I CMC I TOWN CORK
Accordingly, a motion was made by Mr. Panebianco, seconded by Mr. Neitz, to grant the Special
Permit, as requested.
The members voted as follows:
Mr. Neitz
AYE
Mr, Igoe
AYE
Mr. Martin
AYE
Ms. Murphy
AYE
Mr. Panebianco
AYE
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
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 #5248 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.
pir
Mary A. Maslowski, MMC, CMMC
A TRUE C PY ATTES T.
00T VA,
1 CMC 1 TOWN CLERK
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COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
��RRaRATE��,
Petition #: 5248 Date: October 2, 2026
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 & PROPERTY OWNER:
Michael Kearney and Linda Kearney
Affecting the rights of the owner with respect to land or buildings at: 11 Gate Way, South Yarmouth, MA;
Map 25, Parcel 4; Zoning District: R-25; Title: Book 29809, Page 170 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.
Sean Igoe, Chairman
A TRUE COPY ATTEST:
OCT - 6 2926