HomeMy WebLinkAbout2007 Nov 15 - Board of Appeals Decision - Petition #4153 ,,'y��
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FILED WITH TOWN CLERK: November 15,2007 �������r-.�
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PETITION NO: #4153
HEARING DATE: November 8,2007
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PETITIONER: Joanne Benyo& Lucille Matrascia
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PROPERTY: 40 Dauphine Drive,Yarmouthport
Map&Parcel: 0133.37; Zoning District: R40
Re�istrv of Deeds Document#965.220(4.29.04)
MEMBERS PRESENT AND VOTING: David S.Reid,Chairman,John Richards,Joseph Sarnosky,
Diane Moudouris, Sean Igoe and Renie Hamman,Alternate
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 requests a Special Pernut per bylaw §104.3.2, to construct a second-story addition
above an existing two-car garage. The property is located in the R-40 zoning district. The lot contains
16,681 ft.z, and is improved with a two-story single-family home. The home has an atta.ched gazage,
which was expanded in 2002 by Special Permit#3776.
The proposed construction is shown on the petitioners' architectural floor plans, prepared by Joanna
Reck,Architect,dated October 5,2007, Sheets A-3 and A-4, and in azchitectural elevation/sketches, (5
sheets),which were submitted to the Old Kings Highway Committee and approved by it on September
7, 2007. The footprint of the building is shown on a certified plot plan prepared by Craig A Field,
PLS, dated August 5, 2003. The petitioner proposes to add a single room above the existing gazage,
entirely within the footprint of the garage. The room is described as a "media room". The petitioner
noted that the counter and sink area shown on sheet A4 has been eliminated from their request. No
additional bedrooms will be added to the dwelling
Several letters from neighbors in support of the request were received by the Boazd. One letter in
opposition was received. This correspondence also raised a question of the presence of the separate
apartment/dwelling unit in the basement level of the home. The petitioner indicates that there is such
an area within the home that it is not used other than by occupants of the home, and it was present
when they purchase the home. Since the status and origin of this appazent second dwelling unit is not
properly before the Board this evening,the Board passes no judgment on the legality of its existence at
this time, and no relief relative to it is to be inferred from this decision.
The Boazd finds that the proposed addition to the home would not be substantially more detrimental to
the neighborhood. The structure would be no closer to the street then is the existing gazage. The
addition will be modestly taller than the existing garage peak. The dormer addition will be compatible
with the design of existing house and with other homes with the neighborhood.
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Accordingly a motion was made by Mr. Richards, seconded by Mr. Sarnosky, to grant Special Permit,
as request. The Board members voted unanimously in favor of this motion. The Special Permit is
therefore granted.
No permit sha11 issue unti120 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)
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David S. Reid, Clerk �"
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