HomeMy WebLinkAboutRear Deck Denial 10-24-2018 o-•YAe TOWN OF YARMOUTH
` BUILDING DEPARTMENT
a 1146 Route 28, South Yarmouth,MA 02664 508-398-2231 ext. 1261
October 24,2018
Robert&Doreen Morin
50 Dilla Street
Milford,MA 01757
RE: 10 Cygnet Road, Rear Deck
Dear Mr. &Ms. Morin:
I am in receipt of your building permit application received, October 16, 2018, on which you propose to
perform the following work:
Construct rear(8x8 scaled))deck and stairs
Having reviewed said application and associated documents,I have determined that a building permit cannot -
be issued at this time for the following reasons:
The deck would encroach into the minimum rear yard setback of20 feet and the associated stain into the
side yard setback minimum of 15 feet.-13.6 feet is proposed from the rear and 7.3 is proposed from the
side. This deck was constructed without benefit of a Building Permit.
Therefore,this construction requires a Special Permit from the Zoning Board of Appeals,pursuant to the provisions of
Zoning Bylaw Section-104.3.2.
Historical Facts
The Building Department files reflect that a Building Permit application was denied by me on April 18,2002,
on which a 12 x 12 foot rear deck was proposed. That package included a copy of an Assessors diagram,dated
July 3,2000,depicting a rear deck measuring 11 feet wide and 5 feet deep.I also find that Assessors'records
dating back to October 1, 1988 reflect a rear deck with those 11 x 5 foot dimensions. More recently, an
October 3,2018 plot plan,depicts the rear of the house to be 20.6 feet from the rear lot line;that would have
placed the old deck approximately 15+/-feet from the rear lot line,where 20 feet is the minimum required.
Any questions you may have concerning this matter may be directed to this department and/or the Board of
Appeals secretary.
Very truly,
James D.Brandolini,
Deputy Building Commissioner
cc:Zoning Board of Appeals