HomeMy WebLinkAboutBLD-90-644 O $
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TOWN OF YARMOUTH
MAT TAGM[ 5 � �� �
�j,"��.ro.•,o^* cd% Application for a Permit to Build No.
de
UPON FINAL APPROVALS
/D- y9MAP 4 ' LOT • 40
/�
FEE MUST ACCOMPANY THIS APPLICATION. DATE • ! 19 / o
The undersigned hereby applies for a permit to build /o /�O
acc�rding to the following specifications / 73)/9
A Name of property owner PRA-AX/ S' c a FAL 1:4 2 A fe Te13ff'/ -(-$4
Address // /A A S'5 A•SD / 7 RD Lt/, Y/4-eif/lovrH
2.Name of Architect(if any
��,A. - - / Tel.
27 %-lame of builder A .'i�s'/i7 D E ?J • .dress .fl 14A14/ W, n 1t%r/i f
4. License No. 00 5e 3us. Tel. iqt- l 9 /
5. Name of Mason Address
License No. Tel.
7. Construction address /f Mi1SSDS0/r SPO) LvY,¢g,UZa,771
Flood / District
8. Date of subdivision Approval plain zone 8 1 9 Zone
9. Private dwelling ❑ Estimated Cost DO NOT WRITE IN THIS SPACE
Type of room No.
10. Multi family 0 39 ad
11. Commercial 0 ' I Kitchen
12. Other2-6P"-de"--.1 �f' X iO �� Dining Rm.
13. No. of stories Living Rm.
its, 0-0 Bed Rm.
14. Foundation — Full 0 Half 0 Crawl 0 Slab 0 Bath -
15. Materials Wood 0 Cement 0 Other 0 Deck37/'is7- J
16. Type of heat — Oil 0 Gas 0 Electric 0 Other 0 Closed porch
17. Garage — 1 ❑ 2 ❑ Family Rm.
Sun room
18. Swimming pool - Size Garage
19. Storage shed — Size Shed
20. Stove Wood 0 Coal 0 , ' Alterations
21. Size of lot: No. of feet front ' 9S No. of feet rear ' 9C No. of feet deep 90
22. Size of building: No. of feet front S No.of fee side in'ANo. of feet rear
23. Distance from nearest building: Front. Ft. side ' Ft. side • ' Rear
24. Distance back from line or street From rear lot line Side line
' �in
LOT RELEASED BY Signature , -141
��
PLANNING BOARD ' Address ret`MA-/Ad S7
Date ' ' w' Pf,///1 ATMA- 02676
BUILDING PERMIT APPLICATION SIGN OFF
APPLICANT: FP A-4(CalCO RML T,42A 2 BUILDING PERMIT Il:
4 • Lc , N (ZiK6vi/i
ADDRESS: l; ,$t4.5 S4 SO / T Ph / TELE. NO. :39/- 3439 DATE FILED: IV /IG/4;6
BLDG. SITE LOCATION: AgatitS MAP#: ,Z 1 Lou: f8O
THE FOLLOWING INFORMATION OUTLINES THE PROCEDURAL STEPS REQUIRED TO OBTAIN A PERMIT TO BUILD,
ALTER, OR ADD TO A STRUCTURE WITHIN THE TOWN OF YARMOUTH. THE BUILDING DEPARTMENT WILL DETER-
MINE COMPLIANCE TO THE FOLLOWING (A) ZONING REQUIREMENTS (B) HISTORICAL DISTRICTS (C) FLOOD
PLAINS ZONING. THE BUILDING DEPARTMENT WILL BE RESPONSIBLE FOR ASSISTING THE APPLICANT THOUGH
THE FOLLOWING DEPARTMENTS:
RESIDENTIAL AND/OR COMMERCIAL BUILDING
WATER DEPARTMENT: DETERMINES COMPLIANCE OF WATER AVAILABILITY.
ENGINEERING DEPARTMENT: DETERMINES COMPLIANCE FOR PARKING AND DRAINAGE.
CONSERVATION COMMISSION: DETERMINES COMPLIANCE TO WETLANDS ACTS, I.E. : IF LOT(S) BORDER ANY
TYPE OF WETLANDS, STREAMS, PONDS, RIVERS, OCEANS, BOGS, BAYS, MARSH
LAND, ETC.
HEALTH DEPARTMENT: DETERMINES COMPLIANCE TO STATE AND TOWN REGULATIONS, I.E. : REQUIRE-
MENTS FOR SEPTAGE DISPOSAL AND OTHER PUBLIC HEALTH ACTIVITIES.
FIRE DEPARTMENT: DETERMINES COMPLIANCE TO STATE AND TOWN REQUIREMENTS FOR PERSONAL
SAFETY, PROPERTY PROTECTION, I.E., SMOKE DETECTORS, SPRINKLER SYSTEMS
ETC.
THE FOLLOWING DEPARTMENTS MUST SIGN OFF, IN THE RESPECTIVE ORDER, PRIOR TO BUILDING INSPECTOR
ISSUING THE REQUIRED BUILDING PERMIT:
REVIEWED BY:
I. WATER DEPARTMENT Ayr � DATE:4O /D -9e7 e7 N/A:
2. ENGINEERING D TMENT• DATE: N/A:
3. CONSERVATION: DATE: N/A:
%���
4. HEALTH DEPARTMENT AA DATE: In/Ia/ 9/0 N/A:
INDUS' • AND/OR COMMERCIAL PERMITS
5. WIRING INSPECTOR: DATE: N/A:
6. PLUMBING INSPECTOR: DATE: N/A:
7. FIRE DEPARTMENT: DATE: N/A:
PLEASE NOTE
ALL STUMPS AND/OR BRUSH MUST BE DISPOSED OF AT AN APPROVED SITE. A SIGNED RECEIPT FROM THE
DISPOSAL SITE MUST BE SUBMITTED TO THE BUILDING DEPARTMENT PRIOR TO ISSUANCE OF THE BUILDING
PERMIT.
COMMENTS: 1vn9-reye- D/- -rag- L27E- DA/ ie/GHr .7C/f021/twA-`/.
&u D G- c C SC W/ Trio VT ►Q-,L( ) ///U $T me -'c ,W 4-Y. /y�C f (', flnan b
Y6r2�mrrc2 Ofr Rig "
$ ) IM F6oTlXC- /6 Din. X � ' (SeLOw dins-.iv Ca-,9Z'6
A'_ , Anal'wrs4 r
a
BLM/89
/v// 0/9o -
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To TOWN OF YARMOUTH CONSERVATION 'COMMISSION Issuing Authority
• Please be advised that the Order of Conditions for the protect at"%t M a-S`a&c,o i - F-oi• �.�T�3.�,•a,.}{—V�
•
File Number ea 53 W° has been recorded at the Registry of BARNSTABLE and
has been noted in the chain of title of the alfected property in accordance with General Condition Hon T• ZS I , 1990
II recorded land• the instrument numoer which identities this transaction is 2: '.� �Y /?
II registered land• the document numoer which identities this transaction is
Signature c1- • 62414. Co •G-`= ."5 Atn•locant
5.1A
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, Ls...t.iv ED 5, REctiiii;E -.
Ocr 25 I 30 PH 'SD
..1.. ...NIT
RECISIM". „OF DEEDS
JOHN F. MEADE
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PLOT PLAN
f
FOR LOT # / (7.0
Indicate location of garage or accessory building •l.
Additions with dashed lines
Sewerage disposal (cesspool) 0 /
Well 0
dA. l viA af,va,v coca - -
I
I (lot % r ft. rear)
Abuttor's I Abuttor's
Name ; Name
Lot # I Lot #
REAR YARD
If this is a • If this is
corner lot, ' A 71 g ft. corner to
write in name write in
of street. o: ',� 1 —O.:
name of
a other
• `0 b street. .
goIVN'Lp13 4 j, •
Afr SIDE YARD •
SIDE YARD w Ni NIM
1 0 ?S. S( FT_ 0 HOUSE 0_ S _ FTI) .
h �,
MI fRadaSra.) ve-ci<
SET BACK
_ �S) 71 &ft.
0
Tr-
(lot !par+ ft. frontage)
AtASso SU/ r f: i)
/
/ (NAME OF STREET)
/ Infrmation / Q.� �A O
/ \ \ Supplioad by ' � ,
/ real./ bacon/ c4-pig 4L,6mita et#6
MARK NORTH POINTP4/44/ •II
• TOWN OF YARMOUTH
•
BUILDING DEPARTMENT
CONSTRUCTION SUPERVISOR FORM
PLEASE PRINT: p
JOB LOCATION: /1 MASSA-I / /� II+RAgo vT�
NUMBER STREET VILLAGE
OWNER OF PROPERTY: FRAN C / S L 0 P M<TA 2.,4 TL
CONSTRUCTION SUPERVISOR: U$,f E// S. HA/VI 4//v ✓ /Z U U44.710Y ' ' L 9l
NAME LICENSE NO. PHONE NO.
•
ADDRESS: r6 d ,{#A-/,v r & i D/£J✓x//(
LICENSED DESIGNEE:
(IF OTHER THAN SUPERVISOR) NAME LICENSE NO.
2.15 RESPONSIBILITY OF EACH LICENSE HOLDER:
2.15.1 THE LICENSE HOLDER SHALL BE FULLY AND COMPLETELY RESPONSIBLE FOR ALL WORK FOR WHICH HE
IS SUPERVISING. HE SHALL BE RESPONSIBLE FOR SEEING THAT ALL WORK IS DONE PURSUANT TO THE STATE
BUILDING CODE AND THE DRAWINGS AS APPROVED BY THE BUILDING OFFICIAL
2.15.2 THE LICENSE HOLDER SHALL BE RESPONSIBLE TO SUPERVISE THE CONSTRUCTION, RECONSTRUCTION,
ALTERATION, REPAIR, REMOVAL OR DEMOLITION INVOLVING THE STRUCTURAL ELEMENTS OF BUILDING
AND STRUCTURES ONLY PURSUANT TO THE STATE BUILDING CODE AND ALL OTHER APPLICABLE LAWS OF THE
COMMONWEALTH, EVEN THOUGH HE, THE LICENSE HOLDER, IS NOT THE PERMIT HOLDER BUT ONLY A SUB— •
CONTRACTOR OR CONTRACTOR TO THE PERMIT HOLDER.
2.15.3 THE LICENSE HOLDER SHALL IMMEDIATELY NOTIFY THE BUILDING OFFICIAL IN WRITING OF THE
DISCOVERY OF ANY VIOLATIONS WHICH ARE COVERED BY THE BUILDING PERMIT.
2.15.4 ANY LICENSEE WHO SHALL WILLFULLY VIOLATE SUBSECTIONS 2.15.1, 2.15.2 OR 2.15.3 OR ANY
OTHER SECTION OF THESE RULES AND REGULATIONS AND ANY PROCEDURES, AS AMENDED, SHALL BE SUBJECT
TO REVOCATION OR SUSPENSION OF LICENSE BY THE BOARD.
2.16. ALL BUILDING PERMIT APPLICATIONS SHALL CONTAIN THE NAME, SIGNATURE AND LICENSE NUMBER 0
THE CONSTRUCTION SUPERVISOR WHO IS TO SUPERVISE THOSE PERSONS ENGAGED IN CONSTRUCTION, RECON—
STRUCTION, ALTERATION, REPAIR, REMOVAL OF DEMOLITION AS REGULATED BY SECTION 109.1.1 OF THE
CODE AND THESE RULES AND REGULATIONS. IN THE EVENT THAT SUCH LICENSEE IS NO LONGER SUPERVISI
SAID PERSONS, THE WORK SHALL IMMEDIATELY CEASE UNTIL A SUCCESSOR LICENSE HOLDER IS SUBSTITUTE
ON THE RECORDS OF THE BUILDING DEPARTMENT.
I HAVE READ AND UNDERSTAND MY RESPONSIBILITIES UNDER THE RULES AND REGULATIONS FOR LICENSING
STRUCTION SUPERVISORS IN ACCORDANCE WITH SECTION 109.1.1 OF THE STATE BUILDING CODE. I UNDERS
THE CONSTRUCTION INSPECTIONPROCEDURES AND THE SPECIFIC INSPECTION AS CALLED FOR BY THE BUILD
OFFICIAL. /
SIGNATURE: lif s.,,&
BUILDING 0 FICIAL APPROVAL: -.1,74.7-71-1/4
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^ Form 5 DEP r"No* SE 83 - 1076
J
-."+ -• (To Deorvwoea by DEP)
t-rr
j commonwealth •
cny.town YARMOUTH
° `'+a of Massachusetts Applicant F. Baltazar
Order of Conditions
Massachusetts Wetlands Protection Act . .. •
G.L. c. 131 , §40
and the Town of Yarmouth Wetland Bylaw :
From TOWN OF YARMOUTH CONSERVATION COMMISSION
To Francisco Baitazar Same
(Name of Applicant) (Name of property owner) . '
Address qI Pa;naay nitre, Lurviour, Ma • Address carna
This Order is issued and delivered as follows:
O by hand delivery to applicant or representative on (date)
fa' by certified mail. return receipt requested on /a. I f y O (date)
This protect is located at 11 Massasoit Road, West Yaxuouth
• The property is recorded at the Registry of BARN STABLE •
Book 5561 Pace iq5
Certificate (if registered)
The Not,ce of Intent for this project was filed on • 8/6/90 •. (date)
The public hearing was ctcsed on September 6. 1990 (date) , •
Findings
The Tcwn of Ya rrncuth Ccrservaticn Commission has reviewed the above-references Notice of •
Intent anc cans anc has held a public hearing on the prc;ecf. Bases cn the information available to the
COMMISSION at this time. the COMMISSION has determined that
the area:n wn::'Me:ro::sed work is to De cone is significant to the tc:i:wm;interests in ac::rcan:e wim
the Presur,.:::c s c:Si:nit:can:a set fcnn in me regulations :cr eacn Area Su::ec:to Pr c:ec:::n Uncer tae
Ac:(c::ecx as ac=r:=:,ate::
E'Fleca ::r..tr:l 'r.: =taming sneilfisn
L. :•, rS:cr n carnage ;rever.:icn ✓F:srenes
Private waver st:= _. .
Gr:unc water st::::y r(-iPrevent:cn of pc:r:::Cn l�Prt:ec:cn c:wildlife ha....:..
Sate Share 15.00
Total F::::-:.:.. "' =---•r== 55.00 `
An 00 Cr: tee .n ax:2SS ::S--'
To::: Per:. .,-e - C.:.:Tcwr. =_:'.-.. - State --...:n S
C.: :::::1 t': :::::t
•
' wl
Tecrefore. the
COMMI 1 N hereby finds that the following conditions art: '
COMMIS ION orders that all work shall be performed _
necessary,in accordance with the Performance Standards set forth in the regulations, to protect those inter•
eats checked above.The
in accordance nsfmodifoconditions ffer from he plans. specifications orf other p oposals submitted with the tNotice
lowing cond!t o
of Intent. the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures,shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes.ordinances.by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply: in project as provided for in the Act;or
(b) the workioaompleionhedree dredging 1
years,but less than
(b) the time for completion has been extended to a specified date more than three
five years.from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority eone or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
o
6. Any fill used in connection with this project shall beaclean fill, lath,pangrno trash, ref pipe.,rubbish
tires,ashes.
bns,including but not limited to lumber.bricks,
the foregoing.
refrigerators.motor vehicles or parts of any
ive
eriods from
7. No work shall
appeal
l has been feed,unn until till all procetedings before l the Department have been comps Order have letedr if
such an zooeal
the Final has been In the
g. Co work telbe districtl nrtaken which thelland is located,Order
n the chain oftitle in the of the affected pegistry of roperty.eds or the Land
me
Court .
of to . tie rof end, the Finalnwhichh the rcoocsed works tobe noted in the be done.try's Grantor Index under the In the case of registered land.the
Fitaeownerr, thealandug_, nld o nwIic
Final Orcer mall z!so be noted on the Land Court snallthesubmitted to thehl OM��ic
h
ri
the protcsec work is to be cone.The recording information
on the tori'at the end of this Order prior to commencement of the work.
9. A sign shalt be displayed at the site not less than two sduare feet or more than three snare feet in size
bearing the worts.'tvtassacnusetts Department of Environmental Protection,
File Number
-cnanc
Where:tie Decarment of Environmental Protection is reouesedao m'Kalt acenc•;•Yn`t:en ane to issue
s and
a Su:ersec:ag Order. me Conservation Commission snail be a party t
hearings Before the Department.
1 '. 'Joon `z.__:et:on of•he wcrx tescrioed herein.the applicant snail forthwith recuest in writing that a
Cerf:cote C:-:':ance ce•ssuec stating tnat me work has teen sats:az:ori!y ctmg:etet.
re•t:tc•,ving grans ant special cent:tions:
• ._. Thewcrasrzncc. c;m _ .
• 4•-
F •
- • Flans: '
Title Dated Signed and Stamped by: On File with:
• Site Plan • 4/18/90 Arne H. (dela jinn_ Cnm_ nffin.
•
•
.---.--- • • •
•
Special Conditions (use additional paper if necessary)
13. The applicant shall be held responsible to advise the contractor of all
these orders of conditions.
14. cer shall be notified at least 48 hours.prior to
theecommencementConservation �ofltheproposdwork. Tel.# 398-2231 Ext. 284.
15. These orders of conditions shall apply to any successor in interest or
successor in control.
16. All work is to be done by hand, no machinery allowed.
17. The deck is not to be closed in for future habitation without •
a filing of a Notice of Intent.
18. The applicant shall be responsible for having a copy of the
Orders of Conditions on the site at all times. Failure to
do so could possibly result in a revocation of the Order,
or a fine, or both.
19. Upon completion of the project a Certificate of Compliance
shall be requested. This Order shall be considered
incomplete until the Certificate of Compliance is recorded.
Issued By TOWN OF YARMOUTH Conservation Commission
Signature(
. CIC5) KtIA/JAV"Xre
r. 4 r
op,44'4444. -et
•
This Order must be signed by a majority of the Conservation Commission.
On this day of ,thz.. •
`e-. 19 90 .before me
personally appeared • to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.
Igtkmmldon Eche Na tat.!9S3
Notary P� My commission expires
•
The applicant.the owner.any person aggrieved by this Oroer,any owner of land abutting the land upon which the omoosea work is to be
done.or any ten residents of the city or town in wmcn such lana is located,are nereoy notified of their tight to reouest the Department of
Environmental Protection to issue a Superseding Order.providing the request is made by certified mail or hand delivery to the Deoanment.
with Inc appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days from the date of issuance of this
Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and the applicant. •
•
•
Detach on dotted line and submit to the CONSERVATION COMMISSION prior to commencement of work.
To TOWN OF YARMOUTH CONSERVATION 'COMMISSION Issuing Authority
Please be advised that the Order of Conditions for the protect at
File Numoer has been recoraea at the Registry of BA R N S TA B LE• and
has been notes in me cram of title of the altected property in accordance with General Canobon a on , 19
If rec.rdea lana, the Instrument numcer wnicn iaenufies this transaction is
It regtsterea land. the acC.ment numcer wnich Identifies this transaction is
Acticanl
Signature
A
: _- THE COMMONWEALTH OF MASSACHUSETTS Si76-63
Yarmouth
City or Town
BOARD OF APPEALS
Date: July 27, , 19 90
Certificate of Granting of Variance or Special Permit
(General Laws Chapter 40A,Section 11)
The Board of appeals of the City or Town of Yarmouth
" hereby certifies that a Variance or Special Permit has been granted
To Francisco A. Baltazar
•
Address 18 Marion Circle
City or Town Ludlow, Massachusetts 01056
affecting the rights of the owner with respect to land or buildings at 11 Massasoit Road,
West Yarmouth, Massachusetts 02673 - title ref. Bk. 5561, Page 195
And the said Board of Appeals further certifies that the decision attached hereto is a true and
correct copy of its decision granting said variance — special permit, and that copies of said
decision, and of all plans referred to in the decision, have been filed with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
Chapter 40A, Section 11 (last paragraph)provides that no variance or special permit, or any ex-
tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
filed in the office of the city or 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 recor-
ding or registering shall be paid by the owner or applicant.
Lela
; ':c„';'•' „Hot chairman Leslie Compbell
CS, Nd toe OE amp •
•
Clerk
re-?sraa� 03:U3-
t FORM 1094 HOBBS &WARREN INC. REVISED 19)a
` P • a
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TOWN OF YARMOUTH 'u,
7::B.OARD'�`QE:='APPEALS ' . •_
. _ r• f • I
r' JUL — J •
1990 y gearing Date: ;June 28 1990
Filed with Town Clerk:' '
t-:,:: ::::: - Petition No. 2748 c. C
DECISION
PETITIONER
Francisco A. Baltazar and
Maria C. Baltazar
18 Marion Circle
Ludlow, MA 01056
RELIEF REQUESTED
The petitioners have applied for relief as follows:
A. A variance pursuant to Section 102.2.2 of the
Yarmouth Zoning Bylaw to allow the construction of a
deck as shown on the petitioner's plan which encroaches
within the allowed front yard setback for conforming
structures pursuant to Section 203.3 of said Bylaw; and
B. Such other relief that the Board of Appeals
deems meet and just; and •
C. Waiver of strict compliance with the rules and
regulations of the Board of Appeals where it may deem
such appropriate. .
LOCUS
The property is a certain portion of land improved
with a structure thereon at 11 Massasoit Road, West
Yarmouth and is shown on Assessors. Map No. 24 as parcel .
No . X180. Said lot is also shown as lot B on a plan - •
• recorded in plan book 410 , page 75. Said lot was
acquired by the petitioners in 1987 by deed recorded in
Book 5561 page 195 . Said Lot was acquired together
with an adjacent parcel to the North of the Massasoit
layout being Lot A on said plan and also shown as
Parcel No . W225A on said assessors map No. 24.
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PLANS
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The Petitioners have . submitted plans drawn by Down Cape •
Engineering, Inc. entitled:
. _ SITE PLAN
Showing Proposed Work ... . . . . .
• 11 Massasoit Road, (West) Yarmouth, Mass. '
Prepared for:
Francisco Baltazar
April 16, 1990, scale 1"=20'
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HEARING : • -._ _ ..
The petition was duly filed. Notice was given as
required by law, including twice publication in the
Yarmouth Sun, a weekly publication having circulation
in Yarmouth. Pursuant to notice a public hearing was
held bq this Board of Appeals on the evening of June
28 , 1990 . In the course of the hearing, several
questions were posed to the Petitioners ' -
representatives by members of the Board of Appeals .
Several Yarmouth residents were heard and response was
made by representatives of the Petitioner and by
members of this Board.
MEMBERS OF THE BOARD OF APPEALS PRESENT:
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Les Campbell Philip Magnuson
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Roger Tuttle David S. Reid
Richard Haverstadt
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REASONS FOR THE DECISION:
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FACTS
The petitioners proposed to construct a deck as shown
on the plan submitted. The existing and proposed use
of the structure as a residential single family
dwelling, is an allowed use in this R-25 zoning "
district. The existing lot and structure is
nonconforming in several aspects in relation to •
requirements for new lots in this zoning district .
However, the Lot and structure has the benefit of • 4
Section 104.3 .4. 1 of the Yarmouth Zoning By-law, and is
thereby grandfathered. Some examples of dimensional
requirements by comparison are as follows :
-2- .
Grandfathered Current
Existing Requirements Regulations
Lot Size 8 ,550 sq. ft. 5 ,000 sq. ft. 25 ,000 sq.ft.
Frontage 95 feet 50 feet 150 feet
Front. Set Back Not more than 30% of depth of lot
Side Set Back 6 .5 feet 6 feet ..,, 15 feet
Rear Set Back 27.9 feet 20 feet 20 feet
Coverage 18 .9 % N/A 25%
The proposed deck would reduce the front yard set back from
the current 27.2' (30 .22% of the depth of the lot) to 13 '
(14.44% of the depth of the lot) .
CRITERIA'
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Pursuant to Yarmouth Zoning Bylaw Section 102.2. 2, the
Yarmouth Zoning .Board of Appeals has the authority to hear and
decide appeals or petitions for variances from the terms of this
bylaw, including variances for use, with (respect to •particular
land or structures , such variance shall be) granted only in cases
where the Boaid of Appeals finds all of the following:
1. A literal enforcement of the provisions of this •
bylaw would involve a substantial hardship, financial
or otherwise, to the petitioner or appellant.
2. The hardship is owing to circumstances relating to
the soil conditions , shape or topography of such land
or structures and especially affecting such land •or
structures , but not affecting generally the zoning
district in which it is located.
3 . Desirable relief may be granted without either:
substantial detriment to the public good; or nullifying •
or substantially derogating from the intent or purpose
of this bylaw.
CONDITIONS OF RELIEF
In granting this Decision this Board imposes the following
conditions and hereby unanimously expresses its opinion that
said conditions not be modified in the future:
A. that the deck, if constructed, must be removed if
Massasoit Road were to be constructed beyond the existing
gravel drive as shown on the petitioner's plan. -
B. that the deck, if constructed, must be removed if Lot A
were to be improved by the construction thereon of a single
family dwelling.
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C. that the deck, if constructed, must be removed if the
• common ownership of Lots A and B, as more fully described in
a deed recorded in Book 5561, Page 195 , is severed.
CRITERIA SATISFIED
A. A literal enforcement of the provisions of this bylaw
would involve a substantial hardship, •,•- financial or •
' 'otherwise, to the petitioners. The petitioners -acquired . '
this second home in 1987 . While the residence :is •a year
round dwelling, it is most frequently used during the summer
months . The petitioners simultaneously acquired Lot A, to •
the Northeast of the Massasoit Road layout , for the purpose
of preserving -their view of Mill River. Because of Board. of
Health septic system setback requirements it was necessary
for the previous owner-builder to place the house as close
to the Northwest corner of the lot as possible. The highest
and best use of the dwelling relative to enjoyment of the
view of Mill River and to maintain privacy would be to place
a deck as proposed. No other deck location would be
appropriate, thus failure to, grant the requested relief
would be a substantial hardship to the petitioners.
B . The hardship is owing to circumstances relating to the
soil conditions, shape or topography of such land or
structures and especially affecting such land or structures , '
but not affecting generally the zoning district in which it
is located. The above hardship is owing to circumstances
relating to the shape of the petitioner's Lots A and B taken
together with the current level of construction of Massasoit
Road and thus the configuration and orientation of the lot.
The various plans of record show the Massasoit Road layout
continuing to Mill River. However, the road has never been
constructed and probably never will be constructed. The
petitioners are the only property owners abutting Massasoit
Road to use the road. Their use is limited to only a ,
portion of the layout which comprises their driveway. All
other property owners use either Standish Way or Carver Road
for access , thus the unusual shape and the configuration and
orientation of the two lots and the unbuilt portion of
Massasoit Road.
C. Desirable relief may be granted without either:
substantial detriment to the public good; or nullifying or
substantially derogating from the intent or purpose of this
bylaw. The purpose of zoning setbacks is to prevent
inappropriate density, to minimize overcrowding and to
preserve 'views , light and air. While the proposed deck
would technically .encroach within the allowable front yard
setback, in fact, because Massasoit Road and Lot A are not
to be built upon the proposed deck would be set back 82 feet
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from the nearest dwelling. No other structure would
intervene between the deck and Mill River. The deck would
not interfere with light, air or visibility of any neighbor.
The petitioner has agreed to conditions which would require
the deck to be removed if a dwelling were to be constructed
on Lot A or if Massasoit Road were to be constructed beyond
' ' the existing driveway, thus the, ,"petitioner§ hardship
relating to the shape of the land and location of the
structure would be resolved without detriment to the public
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good while preserving and not derogating from either the
intent or purpose of the bylaw. •
CONCLUSION AND RELIEF GRANTED
The petitioners are granted the variance as requested, for
the reasons herein cited, but subject to the above three
conditions .
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The decision and relief herein granted shall run with the
land and enure to the benefit of the Petitioners and their heirs ,
successors and assigns .
MEMBERS VOTING
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Les Campbell Philip Magnuson
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Roger Tuttle David S. Reid
Richard Haverstadt
All voted unanimously in favor granting the Petitioners '
request. •
Therefore, the Petitioners ' request for relief is granted as
above for all the above stated reasons .
No permit issued until 20 days from the date of filing the f
decision with the Town Clerk.
�dviA RF+id '
Clerk
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CERTIFICATION OF TOWN CLERK:
'I, Kathleen D. Johnson, Town Clerk, Town of Yarmouth
do hereby certify that 20 days have elapsed since the filing
with me of the above Board of Appeals #2748 decision and 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.
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Kat leen D. Johns n 9L�
Town Clerk
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