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HomeMy WebLinkAboutDecision 4722 Doc 1 .3:.;1 . 233 07-D6 -2012 17 .'3 _. BARNSTABLE LAND COURT REG_TSTRY i;) TOWN OF YARMOUTHi CBOARD OF APPEALS 0�„=�- _ = DECISION (. 17,,c.0" - .. .. .. FILED WITH TOWN CLERK: PETITION NO: 4722 HEARING DATES: February 8, 2018,April 12,2018,May 10,2018 and June 28,2018 PETITIONER: David B. Elsbree,Trustee of the David B.Elsbree 2006 Revocable Trust , PROPERTY: 8A Syritha Way, South Yarmouth,MA Map & lot: 0026.84; Zoning District: R-25 Title: Certificate of Title No.202541 Land Court Plan 19877-B,Lots 19 and 20 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,Sean Igoe,Richard Martin,Tom Nickinello,and Susan Brita. 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 seeks a Special Permit pursuant to Zoning Bylaw §104.3.2(2), §104.3.2(4), and §202.5(A2) in order to alter, extend and/or raze and replace a portion of a legally pre-existing non- conforming duplex dwelling. The property is located in the R-25 Zoning District, and is improved with a one story duplex having 4 bedrooms and 2 baths, and constructed in approximately 1957. The lot actually consists of 2 lots, which together form the property in issue. The proposed new structure will be built over the common boundary between these lots, and will create one lot consisting of 7,276 square feet. The septic system serving the property is currently located in the private way. The existing structure is located 6.5 feet from the right side boundary, 8.9 feet from the rear boundary, and 13.3 feet from the front boundary. Several proposals were presented over several meetings. Eventually,the applicant submitted floor plans and elevations dated May 29, 2018 by ERT Architects on two sheets, and a Site Plan dated December 15,2017,revised on February 12,2018, and again on May 25,2018 by BSC Group,which outlined the project. The proposal is to raze the left side dwelling unit and replace it with a 2 story dwelling containing 3 bedrooms and 2 '/2 bathrooms, with a one story 3 season porch. As such,the relief requested seeks to increase the bedroom count for the entire structure from its current 4 bedrooms to 5 bedrooms. The height of the new structure will be 23.4 feet, an increase of approximately 6.5 feet from the existing ridge height. The new building will comply with the front yard setback, and will be 10 feet from the rear lot line,which is no closer than the existing structure. The proposal is also to remove the existing septic system from the way, and place a new 5 bedroom Title 5 Septic System on the property,which would be constructed with materials capable of sustaining the weight of vehicles. The building coverage will increase from 17%to 23.6%. The Board expressed concern about the intended year round use of the duplex, and how that could increase congestion and traffic at the site. It was also noted that the house was the last structure on the way, and abuts a seasonal town-owned parking lot on 2 sides. The Board was in unanimous agreement that the expansion of the structure would not be substantially more detrimental to the neighborhood, zoning district, or town,than the existing non-conforming structure,but with conditions imposed to ensure that the development of this small lot will not negatively impact the neighborhood. The Petition proceeded on a Motion made by Mr. Martin, seconded by Mr. Nickinello to approve the Petition and grant the relief without conditions. This Motion failed on a vote of 3 members in favor, 2 opposed with Mr. Igoe and Ms. Britta voting in opposition. A Motion was made by Mr. Igoe, seconded by Mr. Martin,to grant the Special Permit, as requested, with the following conditions: 1. The parking area servicing the new 2 story structure will be on the northerly portion of the lot; and 2. The portion of the duplex, located on the southerly portion of the lot,will only be used seasonally, from April 1 through November 30 of each year, and that the water service will be shut off by the Town of Yarmouth after November 30 each year. The members voted unanimously in favor of the Motion. 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) Steven DeYoung, Chairman 01.Y4 COMMONWEALTH OF MASSACHUSETTS �' TOWN OF YARMOUTH (11. ' '�11 BOARD OF APPEALS ��NLNt' Appeal#4722 Date: July 20, 2018 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: David B. Elsbree,Trustee of the David B.Elsbree 2006 Revocable Trust 59 Presidential Drive, Southborough,MA 01772 Affecting the rights of the owner with respect to land or buildings at: 8A Syritha Way, South Yarmouth,MA Map & lot: 0026.84; Zoning District: R-25: Title: Certificate of Title No. 202541;Land Court Plan 19877-B,Lots 19 and 20 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. Steven DeYo , Chairman a • .I of TOWN OF YARMOUTH t ., c te � ' Town :Hi 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 Clerk Telephone(508)398-2231 Ext. 1285,Fax(508)398-0836 CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III, 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 #4722 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. s _ ./ / J . Philip B. .cilli �// rIir Town Cleric . , • „ i.ti •'ol'Y` 4i • � Y(;RiyQUTH TOWN CLERK 1 . o.,, TOWN OF YARMOUTH ou r• „.• 'vS- y BOARD OF APPEALS ,` HATTA n it :�' a, ," cfra; APPLICATION FOR HEARING '1 iPEC19FM3:39 REC :: ,.:....; Appeal#: 'jL?pHearing Date: Ag/7 Fee$ 'i 9f Owner-Applicant: David B. Elsbree,Trustee of the David B. Elsbree 2006 Revocable Trust 59 Presidential Dr,Southborough,MA 01772 508 362-7799 (Attu) ptardif4 tardiflaw.com (Address) (Telephone Number) (Email Address) and is the (check one)XX Owner 0 Tenant 0 Prospective Buyer 0 Other Interested Party Property: This application relates to the property located at: 8A Syritha Way, So. Yarmouth and shown on the Assessor's Map 26 as Parcel 84, Zoning District: R-25 Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project. i.e.: "add a 10'by 15'deck to the front of our house" or "change the use of the existing building on the property"): Raze one side of duplex and replace with a two story attached dwelling to re-establish duplex. RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: 1) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. 2)XX SPECIAL PERMIT under §104.3.2(21 of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule” §202.5 A2.(use space below if needed) Sf° - d'£.arc /OY. 7. Z Cr) soc .asp 10a grit US$ 3)_VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section: Relief sought: Section: Relief sought: Section: Relief sought: ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: FACT SHEET Current Owner of Property as listed on the deed (if other than applicant): Same as Applicant. Title deed reference: Document 1,239,203 on Certificate of Title No. 202541 Use Classification: Existing Two Family §202.5 # A2 Proposed: Two Family §202.5 #A2 Is the property vacant: No Lot Information Size/Area: 7,276 s/f Land Court Plan 19877-B, Lots 19 and 20 Is this property within the Aquifer Protection Overlay District? Yes_ No XX Have you completed a formal commercial site plan review(if needed)? Yes_ No XX Other Department(s)Reviewing Project: Indicate the other Town Departments which are/ have/or will review this project,and indicate the status of their review process: Building, Health Repetitive Petition: Is this a re-application: No If yes, do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available information. Unknown : '1d' _ •o -i'ssio.erComments: I/ II 1.1l Applicant's Attome Signature Owner's Signal e, By Paul R. Tardif,Esq. Paul R. Tardif, Esq. Address: 490 Main Street Yarmouth Port, MA 02675 Phone: (508)362-7799 1111 E-Mail: ptardif@tardiflaw.com / /elt (a4 lZ zl'/t uilding Cout"t-$.Toner Signature Date TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTES �� y Petition#49,oer: !?�j PetitionEP7fd /f b14'4 Hearing Date: (O.G' •/U7 REQUEST: SPECIAL PERMIT: § VARIANCE: § Overturn B.I. Members of the Board present and voting. IM44t-C°nY X u -\ b E/ /a p.)truL1N fAte c r� A\ et I p ,- i It appearing that nots of saii7 hearing has been givi b)sending notice thereof to th9/petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. PIN FANO fgQ \\1 n OPPOSED Reason for the Decision: r._._ oe... 1\49v4‘rJ — S / b Lova.NitwJ l Motion by: sn ArekvJ Seconded by01 (Ai a 1.4P te: 3- 7, Members voting in favor: Opposed: Therefore,the SPECIAL PERMIT VARIANCE APPEAL is GRANTED DENIED WITH��DR--A11WN CONTINUED TO: CONDITIONS: Pat - \0 C �tl BG-ty 1 41 _ rA� ills_ s r 1 . I ii / (a FJA lailir l W 1 Cts F- '"'1 1 S IIS', . , , EXHIBITS RECEIVED AT HEARING: !_ lir. CLERK: SL<__.VL- oc: Date: (g b &Ii CLERK-CHAIRMAN HEARIN OTES TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTES Petition#1z?gPetitionatJre-e— Hearing Date /Q/8 REQUEST: SPECIAL PERMIT: § VARIANCE: § Overturn B.I. Members of the Board present and voting. MIAAIA T 0t 1 b.ri`{e ckc I n.a � �Ar-o4 It appearing that noace id hearing has been given y(sen ing notice thereof to the petitioner and all thos owners of property deemed by therd to be affected there d that public notice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. IN FAVOR OPPOSED Reason for the Decision: Motion by: Seconded by: I•l 0114' t+\ Vote:I0 W'e^A"A Members voting in favor: Opposed: Therefore, the SPECIAPERMIT VARIANCE APPEAL is •, GRANTED (// DENIED WITHDRAWN CONTINUED TO: cog CONDITIONS: EXHIBITS RECEIVED AT HEARING: CLERK: ,i/ Date: S/ /J // e • CLERK-CHAIRMAN 1 �''" NOTES TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTESN Petition#l74a ' Petitionerar "[�1rtfr Hearing Date: 1/111 Cz.7 REQUEST: SPECIAL PERMIT: . Jo Ll 13,2 VARIANCE: • Overturn B.I. Members of the Board present and voting. r It appea ng that notic: of .1• hearing h:s been given by sen• ng notice thereof to the petitio r er and all those a ners o property deemed by the Board to be affected thereby and t• public notice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. AN FAVOR o OPPOSED _ lvd, Tao Reason for the Decision: Motion by: NNtiY tti Seconded by:(Vote: (A4 11 k4\eM34 "1 Members voting in favor: Opposed: Therefore, Therefore, the SPECIAL PERMIT VARIANCE APPEAL l is e/ GRANTED DENIED WITHDRAWN CONTINUED TO: i!D J/g CONDITIONS: EXHIBITS RECEIVED AT HEARING: CLERK 0/ / Date: I/ l/(} CLERK-CHAIRMA .EAR' NOTES TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTES Petition# /O Petitioner:,QVI/24Z Hearing Date: ,--71-"gle? REQUEST: SPECIAL PERMIT: • VARIANCE: . Overturn B.I. Members of the Board present and voting. et it at/ Mpr r1/41-1 n) (� ' o A It appearing that notice of said hearing has been given by sending notige 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 having been given by publication in the Register the hearing was opened and held on the date first above written. IN FAVOR OPPOSED ypat <cO t3 o cQ. Reason for the Decision: Motion by: Seconded by: Vote: Members voting in favor: Opposed: Therefore, the SPECIAL PERMIT VARIANCE APPEAL is GRANTED DENIED WITHDRAWN CONTINUED TO: CONDITIONS: EXHIBITS RECEIVED AT HEARING: CLERK: Date: CLERK-CHAIRMAN HEARING NOTES h \ TOWN OF YARMOUTH s _ Board of '� �'\•ll 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Appeals Telephone(508)398-2231 Ext. 285,Fax(508)398-0836 AGREEMENT FOR EXTENSION YARMOUTH TOWN CLERK The Petitioner understands and agrees: '18JUN444411:27 REC _That the public hearing will not be held within 65 days of the filing of this Application, or That the Board will not take "final action" on the request for a Special Permit within 90 days of the conclusion of the public hearing; That the decision of the Board on an Appeal or Variance request will not be made within 100 days of the filing of the application. Further, the petitioner agrees with the Board to extend the time frames within which the hearing, re-hearing or continuance are to he held and the decision(s) are to be made and filed by the Yarmouth Board of Appeals, and to waive any rights to the Constructive Grant of this petition, provided that the Board does act within the time frame of this agreement. It is therefore agreed that the Hearing shall be held/continued on (�' i -2,g if Q , and that the Board's decision shall be made and filed with the Town Clerk within 14 days of the conclusion of that public hearing. o� A r : ' ant/P titi �/ Petition#'1O� Ap. 'c•ii• o'LiA g date •• •• I. a earing Date : el'8'/8 )..141. Date: 57O./c9 Petitioner or A Nut for 'etitioner Date: Board of Appeals Date Filed with Town Clerk: B:UNyFiles'Documents\Application\1!earing Extension Agreement.wpd (..... F `` == TOWN OF YARMOUTH _•��1111, _ Board of GCNEES. 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-24451Appeals *.� Telephone(508)398-2231 Ext.285,Fax(508)398-0836 AGREEMENT FOR EXTENSION The Petitioner understands and agrees: That the public hearing will not be held within 65 days of the filing of this Application, or That the Board will not take "final action" on the request for a Special Permit within 90 days of the conclusion of the public hearing; _ That the decision of the Board on an Appeal or Variance request will not be made within 100 days of the filing of the application. Further, the petitioner agrees with the Board to extend the time frames within which the hearing, re-hearing or continuance are to he held and the decision(s) are to be made and filed by the Yarmouth Board of Appeals, and to waive any rights to the Constructive Grant of this petition,provided that the Board does act within the time frame of this agreement. It is therefore agreed that the Hearing shall be held/continued on s'1 O 1 /S) , and that the Board's decision shall be made and filed with the Town Clerk within 14 days of the conclusion of that public hearing. ' - ..i an 'etitioner Petition# 4/74R . icat .y iris g date: Initial Hearing Date : A, i . Sx 4 Date: ' er or : 7 for Petitioner ...• 41//z1f Date: Bo. d of Appeals Date Filed with To HAMyFilesTocuments\Applicatio•. ..I• 4 ension Agreementwpd '''''' -_____ s �te. ` .. -- TOWN OF YARMOUTH t ` ? Board of ` 911 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-24451 Appeals Telephone(508)398-2231 Ext.285,Fax(508)398-0836 YARMOUTH TO'WN CLERK AGREEMENT FOR EXTENSION '1PFEBSPN12:02 REC The Petitioner understands and agrees: That the public hearing will not be held within 65 days of the filing of this Application, or That the Board will not take "final action" on the request for a Special Permit within 90 days of the conclusion of the public hearing; _ That the decision of the Board on an Appeal or Variance request will not be made within 100 days of the filing of the application. Further, the petitioner agrees with the Board to extend the time frames within which the hearing, re-hearing or continuance are to he held and the decision(s) are to be made and filed by the Yarmouth Board of Appeals, and to waive any rights to the Constructive Grant of this petition, provided that the Board does act within the time frame``of this agreement. It is therefore agreed that the Hearing shall be held/continued on MPA-CM tZ 1 ) f? , and that the Board's decision shall be made and filed with the Town Clerk within 14 days of the conclusion of that public -. ing. / ' ppl. an 'etif.ne /� I / _ / 'e h u Petition# 46/,�� A ic. 1 , El' ,d. -I *907 Initial Hearing Date : oc--p 9-#1 dIAi " '' Date:o - 8 /f imer or • gent for i etitioner et _ Date:p9-fa Board of Appeals W Date Filed with Town Clerk: H:\MyFiles\Documents\Application\Hearing Extension Agreement.wpd ABSENT MEMBER CERTIFICATION MGL c.39 §23D Petitioner/Applicant: PAW/ L/S/K4 C._ File#:7 7OI.a Missed Session:/fir Hearing to be attended: —,21o7/`C3 Pursuant to Massachusetts General Laws c.39 section 23D(a), a member of a municipal board when holding an adjudicatory hearing shall not be disqualified from voting in a manner solely due to that member's absence from no more than a single session of the hearing at which testimony or other evidence was received, provided that before any such vote,the member shall certify in writing that he/she has examined all the evidence received at the missed session,which shall include an audio or video recording of the session or a transcript thereof. The undersigned member of the Yarmouth Zoning Board of Appeals, having missed one session of the hearing on the above-referenced Petition/Application, hereby certify that I have,prior to the further hearing that I will attend, examined all the evidence that was presented at the missed session,including the [ ]audio recording, [ ]video recording, [ ]transcript of the hearing, and am therefore not disqualified from voting on the matter. a _ _�� i Date 'er • ABSENT MEMBER CERTIFICATION MGL c.39§23D Petitioner/Applica t: /7 (/ �L.5 File#:47,32 Missed Session:a/Of Hearing to be attended: 1//�j�a Pursuant to Massachusetts General Laws c.39 section 23D(a),a member of a municipal board when holding an adjudicatory hearing shall not be disqualified from voting in a manner solely due to that member's absence from no more than a single session of the hearing at which testimony or other evidence was received, provided that before any such vote,the member shall certify in writing - that he/she has examined all the evidence received at the missed session,which shall include an audio or video recording of the session or a transcript thereof. The undersigned member of the Yarmouth Zoning Board of Appeals,having missed one session of the hearing on the above-referenced Petition/Application, hereby certify that I have,prior to the further hearing that I will attend,examined all the evidence that was presented at the missed session, including the [ ] audio recording, [ ]video recording, [ ] transcript of the hearing,and am therefore not disqualified from voting on the matter. / / (- I77-72 70/ S' .-/ — Date Member When recorded,return to: Total pages:2 Orsi,Arone,Rothenberg,lannuzzi&Turner LLP Dor_: 1 ,239 s 203 01-23-2014 8:26 Attn:Robert L.Arone,Esq. Ct f :202541 160 Gould Street Suite 320 BARNSTABLE LAND COURT REGISTRY Needham.MA 02494-2300 DEED I,David B. Elsbree,individually,of 59 Presidential Drive, Southborough,MA, for consideration paid and in full consideration of One Hundred Dollars($100.00)grant to David B. Elsbree,Trustee of the David B.Elsbree 2006 Revocable Trust dated June 1,2006,as amended, n recorded herewith by Trustee Certificate dated November 21,2013 N Q WITH QUITCLAIM COVENANTS The land together with the improvements thereon in Yarmouth, Barnstable County, V Massachusetts, commonly known and numbered as 8A Syritha Way and bounded and described o as follows: o ea N Easterly by a Way,one hundred forty and 72/100(140.72)feet; Ra Northerly fifty and 73/100 (50.73)feet,and a Westerly one hundred fifty and 37/100(150.37)feet,all by land now or formerly of cti Leonard Burch;and ch 2 T N a Southerly by Lot 22,fifty and 01/100(50.01)feet. v y All of said boundaries are determined by the Court to be located as shown on subdivision �o plan 19877-B dated May 26, 1950,drawn by Bearse&Kellogg Civil Engineers and filed in the Land Registration Office at Boston,a copy of which is filed in Barnstable County Registry of 8 Deeds in Land Registration Book 79,Page 22 with Certificate of Title No. 11562 and said land is 0 SA o shown thereon as LOTS 19&20. a 0 Excepting and excluding from the above,the FEE in the forty(40) foot Way adjacent thereto which is now a public way. Said land is subject to any easements taken by the Town of Yarmouth for road purposes as set forth in a deed given by Roger B.Diettrich et ux to Bernard F. Diettrich et ux dated June 7, 1948 duly recorded in Book 736,Page 591. So much of said land,as is included within the limits of the way fifteen(15) feet wide shown on said plan 19877-B,is subject to the right to said Burch land in and over the same in common with all other persons who may be lawfully entitled to use the same as a substitute for an old woods road. r When recorded,return to: Total pages:2 Orsi,Mane,Rothenberg,lannuzzi&Turner LLP Attn:Robert L.Atone,Esq. 160 Could Street,Suite 320 Needham,MA 02494-2300 Subject to and with the benefit of all easements,agreements,restrictions,covenants and other matters of record insofar as the same are in force and applicable. For Grantor's title see Deed dated June 30, 1993 from David B. Elsbree and Rosemary Elsbree filed with the Barnstable County Registry of Deeds Land Court Division on July 8, 1993,on Document No. 587051,and noted on Certificate of Title No. 130686. Executed as an Instrument under Seal this 19'h day of November,2013. /400 "e Aea- David B. E sbree COMMONWEALTH OF MASSACHUSETTS Norfolk,ss. November 19,2013 Then personally appeared,before me,the undersigned notary public,the above-named David B. Elsbree,individually,proved to me through satisfactory evidence of identification which was aphotographic identification with signature issued by a federal or state governmental agency, ooath or affirmation of a credible witness,apersonal knowledge of the undersigned,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed voluntarily for its stated purpose. p� [SEAL] Notary Public: Kathleen A.Thompson My Commission Expires: Dec.22,2017 • BARNSTABIEREG(STWOFDPED3 YARMOUTH BOARD OF APPEALS ABUTTERS LIST Petition# nn Name: David B. Elsbree, Trustee Filing Date:/4 /r•n Hearing Date: / /7/ Property Location: 8A Syrithas Way, South Yarmouth, MA 02664 Map Lot Number Map Lot Number Number Number Applicant# 26 84 Abutters #'s 85 86 87 75 76 77 78 79 80 82 83.1 88 38 35 36 37 89 r 2 Labels-1 Hard Copy Assessors Field Card with photo Andy Machado, Director of Assessing R `1 - 26/ 35/ / / 26/ 69/ / / 26/ 81/ / / LAWTON GARY R ANTETOMASO KAREN(LIFE EST) CLARK HENRY H TR(EST OF) LA WTON C M G R JR&K M C/O RAYMOND ANTETOMASO 22 CHARINA RD 15 WAYCROSS ST 6 NEWCASTLE RD NORTHBOROUGH,MA 01532-2133 WORCESTER MA 01605 BELMONT,MA 02178 26/ 36/ / / 26/ 70/ / / 26/ 82/ / / ALMQUIST MICHAEL A LEVITT ROBERT M DELANI PETER KENNETH TRS ALMQUIST MARY M LEVITT LYNN S CHESTER K&JANET L DELANI TRUST I GALVIN CIR 377 ROSE FINCH CIR 12 HILLSIDE RD APT 308 WAKEFIELD,MA 01880 HIGHLANDS RANCH,CO 80129 STONEHAM,MA 02180 26/ 37/ / / 26/ 71/ / / 26/ 84/ / / CORTESE ANTHONY RICHARDS PAUL C ELSBREE DAVID B TR 45 CEDAR CREST LN RICHARDS RUTH L DAVID B ELSBREE 2006 REV TRUST SUFFIELD,CT 06078 26 MEETINGHOUSE CIR 59 PRESIDENTIAL DR NEEDHAM,MA 02192-1928 SOUTHBOROUGH,MA 01772 26/ 38/ / / 26/ 74/ / / 26/ 85/ / / MONTI JEFFREY L STREET WILLIAM C TR ELSBREE DAVID B TR MONTI DIANE J STREET REALTY TRUST DAVID B ELSBREE 2006 REV TRUST 22 WAXEN WAY 17 SYRITHAS WAY 59 PRESIDENTIAL DR SHIRLEY,MA 01464 SOUTH YARMOUTH,MA 02664 SOUTHBOROUGH,MA 01772 26/ 39/ / / 26/ 75/ / / 26/ 86/ / / HENNESSY FRANCIS L SUSSMAN BRIAN MCKIE RICHARD W MAFFEI MARIE SUSSMAN MARYANN MCKIE KAREN A 213 CRANBERRY LN 1733 CRAWFORD ST 91 SPENCER HILL RD SOUTH YARMOUTH,MA 02664 MOHEGAN LAKE,NY 10547 WINSTED,CT 06098-1137 26/ 52/ / / 26/ 76/ / / 26/ 87/ / / MALLOY PAUL F TRS FRISOLI PAUL KIMNER KERRI LYNN C/O MCNICHOLAS SALLY 1 113 LEXINGTON ST C/O WILLIAMS HAROLD 29 FAIR OAKS AVE WATERTOWN,MA 02472 63 VAN WIE TERR NEWTONVILLE,MA 02460 ALBANY,NY 12203 26/ 53/ / / 26/ 77/ / / 26/ 88/ / / RYAN JAMES TRS KEARNEY DEBORAH S TRS TOWN OF YARMOUTH C/O HALL TIMOTHY D KEARNEY SEAN H TRS RECREATION DEPT PO BOX 482 7 TODD RD 1146 ROUTE 28 SIASCONSET,MA 02564 WOBURN,MA 01801 SOUTH YARMOUTH,MA 02664-4463 26/ 54/ / / 26/ 78/ / / 26/ 128/ / / LINARES RICARDO GERMAN HASSAN-STREET LORRAINE G TR TOWN OF YARMOUTH LINARES SILVIA ADRIANA LORRAINE F HASSAN-STREET REV TR RECREATION DEPARTMENT 40 WENDOVER WAY 17 SYRITHAS WAY 1146 ROUTE 28 BEDFORD,NH 03110 SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664-4463 26/ 55/ / / 26/ 79/ / / 26/ 129/ / / SEIKUNAS RICHARD REARDON JANET DEPALMA ANNE M 12 CHERRY TREE LN P O BOX 366 HART ANNE E KINNELON,NJ 07405 SOUTH YARMOUTH,MA 02664 137 NEWTON AVE N WORCESTER,MA 01609 26/ 68/ / / 26/ 80/ / / 26/ 83.1/ / / CLARK HENRY H 2000 REV TR(EST OF) CRAMER JAMES F HACKETT JAMES PIH C/O HEALY SUSAN CRAMER DONNA M HACKETT MARY SUE 3 ADAMS ST 5 CHESLEYS WAY ' 301 MUSTERFIELD RD WESTBOROUGH,MA 01581 SOUTH YARMOUTH,MA 02664 CONCORD,MA 01742 .- Please use this list to certify the parcels abutting within 300 feet of the parcel located at 8A Syritha Way South Yarmouth MA 02664. Assessors Map 26 Lot 84 .4.4.7,iac ru(e - Andy Machado Director of Assessing S: n IMO P. R '� % Cb Q 0,.„ %a, 1 D 6 k r RUN `-` - R iim ��� 1 csnsE'"� CJ 0 ,��.t3 C?0- POND a ❑ — �� Mtit ���galaMIi yr ��' V. � ��, , P g . r: 0.7.... 1 y'miur� Fra J� ��„ ,. y ',, Alic ....... �� 2 RI`2 ��yy� lin q 13 i J�S,1MyY�_ L irta r^� /so tis , 0 ,.... i 0 in A\0 0 ',,, .. . i : /IV -.c3e,r.- . c414 0` I .1411" St* 1 Oil NANTUCKET SOUND L DATE OF LATEST NM REVISION 8/I8/15 TAX MAP INFORMATION SONL.NO HEREON IS FORASSESSING100 r00 O +DD pp - . TOWN OF YARMOUTH P25 35 34 SHEET PURPOSES ONLY.TD LNOF Y FOR ERROR IS FOM ASSUMED BY THE TOWN OF YARMOUTH BARNSTABLE COUNTY,MASSACHUSETTS ,�9 26 • Property Location:8A SYRITHAS WAY MAP ID:26/84/// Bldg Name: State Use:1040 Vision ID:3294 _Accoun_t#3294 Bldg#: 1 of 1 Sec#: 1 of 1 Card 1 of 1 Print Date:12/21/2017 10:33 CURRENT OWNER TOPO. UTILITIES STRT✓ROAD LOCATION CURRFNT ASSESSMENT - ELSBREE DAVID B TR 1 Level 2 Public Water I Paved 2 Suburban Description Code Appraised Value Assessed Value DAVID B ELSBREE 2006 REV TRUST6 Septic RESIDNTL 1040 103,100 103,100 815 59 PRESIDENTIAL DR — RES LAND 1040 225,400 225,400 YARMOUTH,MA SOUTHBOROUGH,MA 01772 - SUPPLEMENTAL DATA Additional Owners: Other ID: 22/P020/// VOTE Y MISC 170 VOTE DATE04/12/2004 CHANGES PRIVATE R(SYRITHAS WAY-SY BETTERMENT VISION PLAN NUMBEI ZIP CODE 2664 - GIS ID: M_307804_822455 ASSOC PIM Total 328,500 328,500 RECORD OF OWNERSHIP 1 BK-VOL/PAGE SALE DATE q/u v/i SALE PRICE V.0 PREVIOUS ASSESSMENTS(HIS TOR ELSBREE DAVID B TR D1239203 01/23/2014 U I 100 IF Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value ELSBREE DAVID B D58705I 07/08/1993 I 2018 1040 103,100 2017 1040 86,500 2016 1040 86,500 ELSBREE DAVID B I 0 2018 1040 225,400 2017 1040 225,400 2016 1040 225,400 Total: 328,500 Total: 311,900 Total: 311,900 EXEMPTIONS OTHER ASSESSMENTS This signature acknowledges a visit by a Data Collector or Assessor Year Type Description Amount Code Description Number Amount -Comm.int. APPRAISED VALUE SUMMARY- - Total: Appraised Bldg.Value(Card) 103,100 . ASSESSING NEIGHBORHOOD Appraised XF(B)Value(Bldg) 0 NBHD/SUB NB/ID Name Street Index Name Tracing Batch Appraised OB(L)Value(Bldg) 0 0070/A Appraised Land Value(Bldg) 225,400 - - NOTES - - - Special Land Value 0 NATURAL I/A E/A TQS DUE TO ROOF Total Appraised Parcel Value 328,500 Valuation Method: C Adjustment: 0 Net Total Appraised Parcel Value 328,500 BUILDING PERMIT RECORD VISIT/CHANGE HISTORY Permit ID Issue Date Type Description Amount Insp.Date %Comp. Date Comp. Comments Date Type IS _ ID Cd. Purpose/Result 07/15/2016 BII CL Cyclical 01/01/2014 01 1 BR CY CYCLICAL 2014 08/26/2004 JB 00 Measur+Listed 10/03/2003 KF 01 llfeasur+IVisit 10/03/2003 KF 02 Ieasur+2Visit-Info Can LAND LINE VALUATION SECTION B Use Use Unit L Acre C. ST. Special Pricing S Adj # Code Description Zone D Front Depth Units Price Factor SA Disc Factor Idx Adj. Notes-Adj Spec Use Spec Calc Fact Adj.Unit Price Land Value 1 1040 TWO FAMILY A 7,405 SF 10.68 1.0000 7 1.0000 1.00 0070 1.90 WFI5130 ISO 30.44 225,400 I Total Card Land Units: 0.171 ACI Parcel Total Land Area:k.17 AC I Total Land Value: 225,400 Property Location: 8A SYRITIIAS WAY MAP ID:26/84/1/ Bldg Name: State Use:1040 Vision ID:3294 _ Account#3294 Bldg#: 1 of 1 Sec#: 1 of 1 Card 1 of 1 Print Date:12/21/201710:33 CONSTRUCTION DETAIL- CONSTRUCT/ON DETAIL(CONTINUED) i Element Cd. ICh. Description Element Cd. Ch. Description Style 10 Duplex Model 01 Residential QS 22 24 B• Grade 03 Average ,AS Stories 1 1 Story Occupancy 2 - MIXED USE-- - Exterior Wall I 14 Wood Shingle Code Description Percentage Exterior Wall II Clapboard 1040 TWO FAMILY 100 10 a Roof Structure 03 Gable/Hip Roof Cover 03 Asph/FGIs/Cmp r4 2, 0 2 Interior Wall 1 05 Drywall/Sheet Interior Wall 2 COST/MARKET VALUATION Interior Fir 1 06 Inlaid Sht Gds Adj.Base Rate: 96.46 10 153,564 Interior Fir 2 Hca[Fuel 03 Gas Net Other Adj: 5,000.00 14 Heat Type 03 'Hot Air-no Duc Replace Cost 158,564 22 AYB 1957 10 AC Type 01 None Total Bedrooms 04 4 Bedrooms Dep Code A Total Bthnns 2 Remodel Rating Total Half Baths 0 Year Remodeled Total Xtra Fixtrs Dep% 30 Total Rooms 8 Functional Obslnc [I Bath Style 01 Old Style External Obslnc 5 Kitchen Style 01 Old Style Cost Trend Factor Condition %Complete Overall%Cond 65 Appmis Val 103,100 *� 44 �* } i , -.! - ' •i 't ' ' s e Dep%Ovr D }L{}�''T;R„+t'S it-I, %1 s { t11 •i W r ty r a 3 i ram�ei =pry m DepOvr%Ovr meet 5di.'"§:' "-,..''r" F mat t ;$ t. ,v. s t 0 - i-n�"`'� MistlmpOvT D .l{'"' }tzv` lteir; . '� '�LIr�'�� �.li *air.-T,.F }4 yptSa; ;/ 4 Misc Imp Ovr Comment >! A hy#a+'''t''= ka T'44','etc, •/ -,. 4r °y^'{'4s 4a Cost to Cure Ovr 0 '.' f"� `.- '4ynro `\ §:* rr'IoM3' r.r t A. .A ,I ar i) Cost to Cure Ow Comment . � .,..fret, a(e ' 5 � a y' ,rS ra **12,.,-t .. �,,. OB-0UTBU/LD/NC& YARD ITEMS(L)/XF-BUILDINCEXTRA PEATUEES(B) sc �'x19*,44. �t Y , "` i'''� :�yst't i s ` `084. r i`; x � t' Code Description �Subt •Sub DeYAR B Units Unit Price L N D.Rt Cnd 0TUR A•r Value bra " y.` *,` .'r r sr,bt!k!' ; Jpt ".E 'i,`O8ni15 `- r .! f- .4 tIsant - y, L-z BUILDING SUB-AREA SUMMARY SECTION _- ,'� " 3 .' a qtr. " ci i ✓. Code Descri diort Lirin: Area Gross Area EL Area Unit Cost Uttde.rec. Value r� bF > �Y. 'Ill `�r7 . 4It As� • '' -,z T 4 cs °-�y�4 BAS First Floor 1,196 1,196 1,196 96.46 115,366 y+,T t, 'Ai' pr ,�1.,, TQS Three Quarter Story 396 528 396 72.35 38 198 •'" I ° z-a .' -� h it 14 ''S ice, r lies., , xy yy ^..`4l �.z. r-'.fx'PC:.;'Y".'s-Msx..,. .'^ro S y v 4'1'! .1 \4 x'? }l,4 A:.S .,, — - 1a ,; ia.aS h -.. :.-..�?-'.[:.'7,,,T.; ":"4'. �� �+ tl axe .. TIL Gross Liv/Lease Area: 1,592 1 724 1,592 158,564 " 7 1l^- r ..fit .. ____ �_- V ipt O :]C . » O OA C �AC zxllc _ ❑ 2t 31 O a] a JVAO„,A f mem- et 31 i02,A r�1l]/ OAA 6✓ 013 C--o LANE 1 •A A Q 72n IFFc o0 O ' .-sINER RpWNI n v Ao A \�\��°AC 111JJJ 222 tfNE k - a.,nA 0 --1w •. r m -1 \ \ 216 .1 , 10 p OAT AC 26 02l R1 / 212 .NN1 ' 0 c� O CUP Q C 1111�u��� 11 208 y1 ��-1 6 A t �. �({► O `�e e CND 73 � EC /!n AC; V o,� m CRANBERRY ��-1 sa o.w"e Y. y�0.]/�/ n c _ C 7' Q IA 0 oxA a ]° AC 1 Ia. (Ioa�c� f 6 1 1 0 0 0.4 I I 1 C `-ra LJ' - V\^ AC tte5 ]z m nAt AC 0 1 2 I ,te RO I 29 1 (TOWN) 01 p O I i 1 I 02 AC 1 ttTIE r oAt AC I I fA tMr INE .] EGR "rt to c : ❑ 1 I O I n A sec' .. 0 A . �,yT 0.f A 1 n, ( 02]Ac S1 I 0 1 p �M AC ��,,JJ 2 62 STOWN OF YARMOUTH 1 0 111.7 1A Z I SNEl A t AC .tf.:y:1 tte 1700OAO 6T 1 I • �.a1AC 0. I 232 0.1 C 40 67 0.0 NI ACI 30 (TpWet O °� 43 I \ 1 0.16 AC F m 6.26 AC \ I 302 N I 56 C 7 o -iS OI 1 O \ OA aAC n 1A 1 1 0 O • I I O 6.52C i, CI 1 OQ .1 CO 1143' 0 CIF O.sC f� 043.1:-- c,� 1 Acc\f 1 CC 1 t O 1 70 1 'n = • 0ili TO �. 1 I 1 -.AOit 1 .I O2 AC 11-LJrL o 1 414;^yp sYRal-Ns iy n 1 , r11 C 1 +• °� IC O2`e i 0 �-i� y L , I I till 1ff, LiA n 1 IL.JI lJ1 'p�tfllf"C .. O.txµdAS 1 I bzManalT] - © 1 0 1 coC O 1 ia 2 < 0.4 AC �O`NN1 I � 1 021 AC •®1 AC < I vO 004 1 1 1 LLLO..221111 AC 1t 21 C ] \^_1 0.1f AC ✓I I 0.2 w 02� 21 L0.2A 2°0tail I 1 1 1 1� 0 O.2 AC A I I 127 1 0 1 e v TOWN OF YARMOUTH ].MAC 11 t t .L, A • 200 1_• • m e \ I ADAC 101 J O s 4343 O I �8s2r a ]AACCJJ j �c /� Ae f ], f Z ° >120 I Z AC I 021 ACsodN O- o'af AC 1iC D —__ RECREATION 1 \ T10- ] O n1 ff \ 22 Cr- W I� a � OA AC 30 (- ` 0.34AC I v I 1 a / .7f ' 30 \QQNPSE\ AC rD 4Oot- is 2n AC 2f AC TOWN OF YARMOUTH OA AC I OA� OAS AC u P 2525-207 1 �C 227 1t 1 112 AC Clark, Sandi From: vonHone,Amy Sent Tuesday,January 9, 2018 3:35 PM To: Clark,Sandi Subject: RE:01-11-18 ZBA Agenda „ Petition#4722: 8A$ynt_a. ,ay,i• . .. .- - :._ - w _ .., t The Health Department file indicates an existing 1986 Title 5 compliant septic system servicing an existing 4 li bedroom duplex. Any increase in bedrooms to the existing structure will require a septic system upgrade to �� f: accommodate the additional flow and to insure the new septic system is located on the subject lot it is 9 servicing. Full review by the Health Department will be required. Please contact me with any additional questions or comments. Thank you, Amy Amy L.von Hone, R.S., C.H.O. Assistant Health Director Yarmouth Health Department