HomeMy WebLinkAboutDecision 4766 B1141-3161
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11-16-2018 01 - 32n7371
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=�t; C TOWN OF YARMOUTH
f.v' Its: BOARD OF APPEALS
s, DECISION
FILED WITH TOWN CLERK: October 18,2018
PETITION NO: 4766
HEARING DATE: September 13,2018
PETITIONER: - Herve Desroches
PROPERTY: 21 Rhine Road,Yarmouth Port,MA
Map & lot:#:0107.52; Zoning District: R-40
Book& Page: 7371/129
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe,Dick Martin,Richard Neitz,
Thomas Nickinello and Tom Baron
The Petitioner seeks to build a 24 x 24 detached accessory building where an existing shed sits that
will encroach into the required (30-foot front) setback. He also seeks to relocate an existing shed to
the opposite side of the property where it would be located 6 feet off the side setback. A 10-foot-
wide town access road runs along the rear of the property which provides frontage to a town water
tower. The access road is not open to the public. Correspondence from Town Planner Kathy
Williams stated that "vehicle access is specifically prohibited off German Hill Road to the
properties along Rhine Road per the Comprehensive Plan for the Rhine Road/Dutchland Drive
subdivision."
After reviewing the site plan the Board determined that the new structure would be encroaching on
a front setback(this property has two front setbacks and two side setbacks) and due to the fact that
the Petitioner would be creating a new nonconformity (front setback relief) it would require a
Variance.
Board members questioned the Petitioner as to why he could not place the new structure beyond
the required setbacks as the site appeared large enough where the new structure could be located in
an area that would not require relief. The Petitioner responded that to do so would require that the
new structure be located within 10 feet of his septic system which is prohibited by the town Board
of Health regulations and that the new structure would be located too close to the house and that it
would be out of character with the placement of other accessory structures in the neighborhood.
The Board agreed that with the Petitioner's assessment and determined that denial of the
Petitioners request for relief would create a hardship. This hardship is owing to the fact that this lot
has the two front setbacks due to town roads running in the front and to the rear of the property
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which creates a limited amount of space within the required setbacks for the Petitioner to locate
what are otherwise allowed structures.
However, to mitigate the impact of the setback relief the Board felt that the location of the new
structure should be no closer than 20 feet from the German Hill Road setback and 10 feet off the
side setback. Relocation of the existing shed shall be at least 6 feet off the side line setback and 20
feet off the German Hill Road setback
No one appeared in favor or against the Petition.
A Motion was made by Mr.Martin and seconded by Mr. Baron with the following conditions:
a) Both structures to be located no closer than 20 feet from German Hill Road.
b) The new 24x24 structure to be located no closer than 10 feet off side setback.
c) The new 24x24 structure may have electricity but no plumbing or living space.
d) Small shed to be located no closer than 6 feet off side setback.
e) As built plan to be submitted to the Board of Appeals when constructed.
The Motion carried unanimously.
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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
I of this notice/decision with the Town Clerk. Unless otherwise provided herein,a Variance shall lapse if
the rights authorized herein are not excised within 12 months.(See MGL c40A§10)
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( THE COMMONWEALTH OF MASSACHUSETTS
`•,.. = TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal#4766 Date: November 8,2018
Certificate of Granting of Variance
(General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a
Variance has been granted to:
,
Herve Desroches
21 Rhine Road
YarmouthPort,MA 02675
Affecting the rights of the owner with respect to land or buildings at: 21 Rhine Road,
YarmouthPort, MA; Zoning District: R-40; Map & Lot#: 0107.52; Book/Page:
7371/129 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 Variance, and
that 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) provides that no Variance, 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 days (20) 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.
—
Sean Jr oe,Ch; i •.an r
eti)
TOWN OF YARMOUTH
Town
tfa.tiiP1146 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#4766 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.
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BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register