Decision 2486Filed with Town Clerk:
TOWN OF YARMOUTIf.
BOARD OF APPEALXca
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DEG Q 1987
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Petitioner: RAYMOND C. CHASSE and EDWARD
EDKn RD YOUNIS, Trustees of
E & R REALTY TRUST
DECISION
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Hearing Date: Nov. 12, 1987
Appeal No. 2486
The Petitioner requested a Special Permit under Section 104.4.1 of the
Yarmouth Zoning By-laws to allow conversion of an existing conforming struc-
ture to the condominium form of ownership, consisting of one building with
eight (8) units located at the intersection of Forest Road and Old Townhouse
Road, as shown on Assessors' Map #76, Lot N172.
Members of the Board present: Donald Henderson, David Oman,
(Joyce Sears, Fritz Lindquist, Philip Magnuson.
It appearing that notice of said hearing has been given by sending notice
thereof to the Petitioner and all those owners of property deemed by the Board
to be affected thereby, and that public notice of such hearing has been given.
by publication in The Register, the hearing was opened and held on the date
first above written.
The following appeared in favor of the Petition:
Stephen C. Jones, Attorney for the Petitioner.
No one appeared in opposition.
Reason for Decision:
Under 104.4.1, any legally conforming structure may be converted to a
condominium form of ownership upon filing an application to Site Plan Review
and upon filing an application to the Board of Appeals which determines whether
there is no change of use and whether the declaration of condominium defines
the existing use and sets forth proper management authority to insure mainten-
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ance and repair of public health and safety ZL--s C)
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The Petitioner did file an application with Site Plan Review and the
application was reviewed on October 13, 1987, a copy of which review is filed
with the Board of Appeals. The Petitioner also has filed copies of its Master
'Deed, By-laws, floor plans, and site plans.
die Board has reviewed the findings of the Site Plan Review, as well as
the Master Deed, By-laws, and the floor plans and site plans. After this
review, the Board finds that the Special Permit may be granted for the follow -
king reasons:
1. There is no change in use resulting fram - the conversion to a
condaninium form of ownership.
2. The condominium documents define the use and provide for the
proper management authority to insure maintenance and repair of the public)
health and safety aspects of the condominium premises.
3. The requested relief can be granted without a detriment to the
public good.
4. There would be no nullification or substantial derogation from
the intention or purposes of the Town of Yarmouth Zoning By-laws.
Members of the Board voting in favor: Donald Henderson, David Oman
Joyce Sears, Fritz Lindquist, Philip Magnuson.
Members of the Board voting in opposition:
None.
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THEREFORE, the Petition for a Special Permit under Section 104.4.1 is
granted.
No permit issued until 20 days from date of filing decision with the
Town Clerk.
Fritz Lindquist
Clerk
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