HomeMy WebLinkAboutDecision 4768 .# t?t: 31687 Ps75 358672
t 11-27-2013 a 10 : O7cc
JtYgk
rf 0.47
I TOWN OF YARMOUTH I
{�� BOARD OF APPEALS
O - ' DECISION
FILED WITH TOWN CLERK: November 6,2018
PETITION NO: #4768
HEARING DATE: September 13,2018
PETITIONER: David and Linda Tagliavini
PROPERTY: 126 Breezy Point Road, South Yarmouth,MA 02664
Map & Lot#:0034.237; Zoning District: R-25
Book/Page: 20895/37
MEMBERS PRESENT AND VOTING: Sean Igoe,Chairman,Dick Martin, Richard Neitz,
Thomas Nickinello and Tom Baron.
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 Petitioners are David and Linda Tagliavini. The relief sought is a Special Permit pursuant to
Zoning By-law §104.3.2(2) or in the alternative a Variance from Zoning Bylaw 203.5 to construct a 12 x
24 detached garage on a preexisting non-conforming lot in the side yard setback. The proposed structure
will be located 5.3 feet from the westerly side yard setback. The minimum setback is 15 feet.The adjacent
property is unbuildable and owned by the Town of Yarmouth which has preserved it for conservation.
The Petitioners represented that the proposed structure will consist of a garage with a second floor above
for storage. The second floor would be at the same level as the main floor of the house with access to and
from the main house. The Petitioners are not proposing any habitable space on the second floor area. They
also stated that this was the only place on the lot that it was feasible to locate the structure due to the septic
system being located in the front yard and wetland restrictions in the rear.
The Board received correspondence from 3 neighbors who were in favor of the Petition. There was no
opposition to the Petition. A letter from the Town Conservation Administrator,Kelly Grant,confirmed the
Petitioners representation that wetland restrictions would prevent them from locating the proposed
structure to the rear of the existing home.
The Board members felt that the proposed structure would have a minimal impact on the immediate
neighbors to the east(opposite side)and north(across the street)and no impact to anyone to the west
r
(Town Conservation Area) or the south (wetlands). In addition, the Board determined that the relief
requested would not be more substantially detrimental to the neighborhood or the surrounding Zoning
District nor would it cause any undue hazard, nuisance or congestion nor result in substantial harm to the
existing or future character of the neighborhood or Town.
A Motion was made by Mr.Baron and seconded by Mr.Nickinello to grant the relief as requested with the
condition that no habitable space be created within the structure and that there be no plumbing on the
second floor.The Board voted unanimously to approve the Special Permit.
A Motion was made by Mr. Neitz and seconded by Mr. Nickinello to allow the Petitioners to withdraw
their request for Variance relief.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This
decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals.
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,MGL c40A§9)
Seahairman
n I
_J
.v
of•y,iR COMMONWEALTH OF MASSACHUSETTS
" �''r TOWN OF YARMOUTH
t @ / C BOARD OF APPEALS
zi
Appeal#4768 Date: November 27,2018
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 Tagliavini and Lynda B. Tagliavini
149 Prospect Street
Suffield, CT 06078
Affecting the rights of the owner with respect to land or buildings at: 126 Breezy Point Road,
South Yarmouth, MA Zoning District: R-25; Map & Lot#: 0034.237; Book/Page: 20895/37 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.
_
Se. ' roe,Chai� y�
TOWN OF YARMOUTH
it.. Town"k' Clerk
�'� 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 026644451
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#4768 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.
o a rI���•
y C1
s;:lit au+.-
est 1,1.61',37-1' '4
-. r 1 , ,111 K i
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
TOWN OF YARMOUTH
BOARD OF APPEALS
HEARING NOTES
/ / -
Petition#4�(�dp Petitioner: • 9.7/0°V//1/9.7/0°V//1/ Hearing Date:9il3/k
REQUEST: SPECIAL PERMIT: § V VARIANCE: § Overturn B.I.
Members of the Board present and v�ottiin�g..
� GIJ,cK�- c^t C"-ct 15(1I/C1Y‘ [ r )Y`I ayM�1
It appearing th t notice of said hearing has beefi given lacy sending notice 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
Reason for the Decision:
Motion by: SeCLfrm Seconded by:4Jt -kflu.h-Vote:
Members voting in favor: Opposed:
Therefore,the SPECIAL PERMIT VARIANCE APPEAL is
GRANTED DENIED WITHDRAWN CONTINUED TO:
CONDITIONS:a P - 'u� hr6I , J,,bI 5 ro--
EXHIBITS RECEIVED AT HEARING:
CLERK: Date:
CLERK-CHAIRMAN HEARING NOTES
o, TOWN OF YARMOUTH YARMOUTH TO:a CLER<
BOARD OF APPEALS
•:la�MAA A „ L$ )�
APPLICATION FOR HEARING '1GA1102AH410:16 REC
Appeal#: ir(p F Hearing Date: 9- /f Fee$fAJ. /a�
Owner-Applicant: DA1ic t Lyx1a11 T AGLIAvIN
(Full Names-including d/b/a)
(Lfl t?1t;Osreck ST S>-Vci tt c-r Mena 413631'161; bAvrb,'A�L/Avi 140:--+Ut/l
(Address) �, (Telephone Number) (Email Address)
and is the (check one) O'Owner 0 Tenant 0 Prospective Buyer 0 Other Interested Party
Property: This application relates to the property located at: 12.6 'g tee i?y Pot AAF RorIt
and shown on the Assessor's Map#: 31-j as Pdrcel#: 2 39
Zoning District: R' 2`3 If property is on an un-constructed(paper)street name of nearest cross
street,or other identifying location:
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"):
RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals:
--)z+Ac-knca A4LA st Sti1/4trdl.s.. c.49 Iz'xzy ' a" O"
frIW Goa✓ . .�-�- Go-r"1 iN s'//C
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) !'SPECIAL PERMIT under § /b',3.Z( 2) of the Yarmouth Zoning By-law and/or for
a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 .(use
space below if needed)
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: 203, .j Relief sought: Si De_ SkA t,,C4
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): SAKE.
Name &Address
'book. Igg97 P I'15
Title deed reference: Book&Page#8e c 2 o8VS P9 37 or Certificate#
Land Court Lot# Plan# (provide copy of recent deed)
Use Classification: Existing: S.t./e fla,,,17V�i"`4 l.
§202.5 # A
Proposed: §202.5 # "
Is the property vacant: go If so,how long?:
at-
Lot
Lot Information Size/Area: I 115.3 - Plan Book and Page 60'7 / IC, Lot#
Is this property within the Aquifer Protection Overlay District? Yes No V
Have you completed a formal commercial site plan review(if needed)? Yes_No t/
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:
CoMSQ-9,VA-tlo#J Rnabvee
Repetitive Petition: Is this a re-application: 40 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. Include a copy of the decision(s)with this application:
l ekit0o.t ItLimo 3-I3-2006 'kik Loel'i P�� foist fin t) -hsvateC
Building Commissioner Comments:
aX�
pplicant's/Attorney/,lent Signature Owner's Signatur
Address: ,'y9 ?Roved- srizeet
s44-rattecroAo7t9
Phone q,; 5-3/ 6/ ,'g es E-Mail: bf}V/Q. %Ay/i4wAt(` )7i4,9,6 act �ZZ1/2
Building '.'mmi ioner Signature Date
Bk 20895 Ps37 =21097
04 -06-2006 a 03 : 15n
TOWN OF YARMOUTH, a municipal corporation located in the County of
Barnstable and Commonwealth of Massachusetts, in consideration of Eleven Thousand
Two Hundred and no/100 ($11,200.00)Dollars paid grants to DAVID TAGLIAVINI and
LYNDA B. TAGLIAVINI,husband and wife, as tenants by the entirety, both of 149
Prospect Street, Suffield, Connecticut 06078, without covenants of warranty the land in
Yarmouth (South), Barnstable County, Massachusetts,bounded and described as follows:
NORTHERLY by Breezy Point Road as shown on hereinafter
mentioned plan 25.00 feet;
EASTERLY by Lot 53 as shown on said plan 154±
feet;
SOUTHERLY by The Run as shown on said plan;
WESTERLY by Lot A as shown on said plan 157±feet;
Being Lot B, containing 3,888 ±square feet, as shown on plan entitled"Plan of
Land at 128 Breezy Point Road South Yarmouth, MA Prepared For Town of Yarmouth,
December 15, 2005 scale 1" =20' Down Cape Engineering, Inc." recorded with
Bamstable County Registry of Deeds in Plan Book 607 Page 16.
The aforesaid premises are conveyed subject to and with the benefit of all rights,
restrictions, easements and other matters of record insofar as the same are in force and
applicable.
There has been full compliance with the provisions of G.L. c. 44 s. 63A, and G.L.
c. 60, s. 77B..
For title,reference is made to instrument of taking made by the Collector of Taxes
of the Town of Yarmouth dated October 31, 1991 recorded in Book 7738, Page 12, and
to Final Judgment in Tax Lien Case dated July 12, 2000 recorded in Book 13263, Page
164.
Executed as a sealed instrument this o day of 'r/ Yl l , 2006.
Town of11 Yarmouth
By 61/4) 4
Walf l E. Lundstrom
Town Treasurer
.• �h
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss;
On this 6 day of 4 ri/ ,2006,before me, the undersigned notary
public, personally appeared Walfred E. Lundstrom,Town Treasurer of the Town of
Yarmouth, proved to me through satisfactory evidence of identification, which was
personal knowledge, to be the person whose name signed on the preceding document,
and acknowledged to me that he signed it voluntarily for its stated purpose.
"\ \4Q. eke r!t//r Psi
••t4Ctt *3I Notary Public
-49441K oc My Commission Expires:
BARNSTABLE REGISTRY OF DEEDS
4768 — Tagliavini - 126 Breezy Point Road
Sitting: Sean Igoe,Chairman, Dick Martin, Richard Neitz,Thomas Nickinello and Tom Baron
PETITION#4768: David and Lynda B.Tagliavini,149 Prospect Street,Suffield,Connecticut 06078. Property
location: 126 Breezy Point Road, South Yarmouth. Map & lot#: 0034.237; Zoning District: R-25. The
applicant seeks a Special Permit under Zoning By-law §104.3.2 (2) and/or a Variance from Zoning By-law
§203.5 to construct a 24'x 24'detached garage on a pre-existing non-conforming lot in the side setback.
Mr. and Mrs.Tagliavini represented their Petition. They seek to construct a 12 x 24 detached garage. No
habitable space is proposed only storage of lawn, and outdoor items in storage area above. The garage
location will be constructed with a deck between the garage and house. Reason for the location is a Wetland
Restriction in the rear,front street setback and septic in the front.
Correspondence read: Kelly Grant,Conservation Administrator,The Roberts,The Dunne and Kashgagian.
Board discussion:
Neitz, no abutter next door except for land owned by the Town of Yarmouth and deemed unbuildable.
Structure will be 5.3 feet from side yard next to unbuildable lot. Raised septic limits options. Neighbors
support.
Martin—purchased Ya of lot from the Town which allows this to even happen at all. Garage will be at a lower
level Door on deck to the storage area of the garage. Elevation of garage floor around 6.
Sean—upstairs—no habitable space—storage,electricity,no plumbing. Meet the criteria
Mr.Neitz made a Motion to withdraw the Variance request—seconded by Mr. Nickinello.
Mr.Baron made a Motion to approve the Special Permit with the condition of no habitable space on second
floor of the new garage and certified plot plan when built. Seconded by Mr. Nickinello Unanimous.
Property Location:126 BREEZY POINT RD MAP ID:34/236.1/// Bldg Name: State Use:1010
Vision ID:4990Account#4990 Bldg#: 1 of 1 Sec#: 1 of 1 Card 1 of 1 Print Date:08/28/2018 09:16
CURRENT OWNER ` TOPO UTILITIES. TRT✓ROAD LOCATION - CURRENT 4SSESSMENT --.
TACLIAVINI DAVID I vel 2 Public Water I aved 2 Suburban Description TRENT
!Appraised Value' Assessed Value
TACLIAVINI LYNDAB 6 Septic RESIDNTL 1010 191,000 191,000 815
149 PROSPECT ST 4 Gas RES LAND 1010 134,100 134,100 YARMOUTH,MA
RESIDNTL 1010 1400 1,200
SUFFIELD,Cr 06078 SUPPLEMENTAL DATA - _
Additional Owners: Other ID: 29/T053/1/ VOTE
MISC 170 VOTE DATE
CHANGES PRIVATE R(
BETTERMENT VISION
PLAN NUMBEI29&29F
ZIP CODE 2664
GIS ID: M_307908_1122964 ASSOCPID# Total 326,300 326,300
RECORD OF OWNERSHIP '` BK-VO//PAGE SALE DATE q/u yr SALE PRICE V.C. PREVIOUS ASSESSMENTS(HISTOR
TAGLIAVINI DAVID 20895/ 37 04/06/2006 U T I 11,200 IE Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value
TACLIAVINI DAVID 19977/175 06/27/2005 U I 236,995 2019 1010 191,0002018 1010 - 191,0002017 1010 175,100
DOUGLAS ROBERT TR 8148/109 08/06/1992 I 2019 1010 134,1002018 1010 126,3002017 1010 129,200
DOUGLAS ROBERT TR I 0 2019 1010 1,2002018 1010 1,200
Total: 326,300 Total: 318,500 Total: 304,300
_ -_ EXEMPTIONS -' - OTHER ASSESSMENTS <- This signature acknowledges a visit by a Data Collector or Assessor
Year Type Description Amount Code Description Number Amount Comm.In.
APPRAISED VALUE SUMMARY
Total. Appraised Bldg.Value(Card) 188,700
ASSESSING NEIGHEOR1IOOD -- Appraised XF(B)Value(Bldg) 2,300
NBIID/SUB NBHD Name Street Index Name Tracing Batch Appraised OB(L)Value(Bldg) 1,200
0055/A Appraised Land Value(Bldg) 134,100
. , .'•NOTES.' Special Land Value 0
GREY UA
1/17144 SF WWK+FUS Total Appraised Parcel Value 326,300
EST NO INT ACC FY08 SUBDIV#53 Valuation Method: C
Adjustment: 0
BOA#4010-2006
Net Total Appraised Parcel Value .
326,300
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
07-353 09/14/2006 NC New Construct 147,000 06/28/2007 100 RAZE&REPLACE,NC01/30/2017 02 AM CL Cyclical
01/01/2014 01 1 BII CY CYCLICAL 2014
06/28/2007 GM BP Building Permit
11/24/2003 JB 02 Measur+2Visit-Info Can
07/12/1995 RD 10 Measu/LtrSnt Letter Se
_ 'LANDLINEVALUATIONSECTION -
B Use Use Unit I. Acre C. ST. Special Pricing _ SAdj
# Code Description Zone D Front Depth Units Price Factor S.A. Disc Factor Ids Adj. Notes-Ad! Spec Use Spec Calc Fact Adj.Unit Price Land Value
I 1010 SINGLE FAVI MDL-011 C 15,682 SF 5.72 1.0000 5 1.0000 0.800060 1.70 LOC - TOPO/MARSII 110 1.10 1.10 8.55 134,100
Total Card Land Units:I 0361 ACI Parcel Total Land Area:B.36 AC I Total Land Value: 134,100
Property Location: 126 BREEZY POINT RD MAP ID:34/236.1/// Bldg Name: StateUse:1010 '
Vision ID:4990Account#4990 Bldg#: 1 of 1 Sec#: 1 of 1 Card 1 of 1 Print Date:08/28/2018 09:16
CONSTRUCTION DETAIL CONSTRUCTION DETAIL(CONTINUED) ` ,
Element Cd. Ch. Description Element Cd. Ch. Description
Style 04 Cape Cod
Model 01 Residential
Grade 04 Average+10
Stories 1.75
Occupancy 1 - - MIXED USE WDK WDK
10 FOP 10
Exterior Wall I 25 Vinyl Siding Code Description Percentage
Exterior Wall 1010 SINGLE FAN! MDL-0l 100
Roof Structure 03 Gable/Hip 8 10
Roof Cover 03 Asph/F Gls/Cmp TOS 6 20 6
Interior Wall 1 05 Drywall/Sheet BTS WDK
MS
Interior Wall2 - COST/MARKET VALUATION
88
Interior Fir I 12 Hardwood Adj.Base Rate: 129.20 8 BAS BAS
Interior Fir 2 204,400 4 9 2 4
Heat Fuel 03 Gas Net Other Adj: 5,225.00 4 FUS 4
Heat Type 04 Forced Air-Due Replace Cost 209,625 12 BAS 12
AC Type 03 Central AYB 2006 24 8 72 8 24
Total Bedrooms 02 2 Bedrooms Dep Code A 12
Total Bthnns 2 Remodel Rating 12
Total Half Baths 0 Year Remodeled
Total Xtra Fixtrs Dep% 10
Total Rooms Functional Obslnc D
Bath Style 02 Average External Obslnc ) 32
Kitchen Style 02 Modern Cost Trend Factor
Condition
%Complete
Overall%Cond 90
Apprais Val 188,700 ,_ . ".
Dip%Ovr ) r
Dep Ow Comment
isc hnp Ovr D y ,
Pvtisc hnp Ovr Commcnl " 1
Cost to Cum Ovr D
Cost to Cure Ovr Comment
OB-OUTBUILDING ft YARD ITEMS(L)/XF-BUILDING EXTRA FL-I TURES(B) .'
Code Description Sub Sub Descript UB Units Unit Price Yr Gde Dp Rt Cnd °°°Cnd Apr Value 9.1.;.: • ,P..M i 'I
WWDK WIDOWS'S W L 144 8.00 2016 0 100 1,200 tr -- i' 1 v• ��y l��
IITL IIEATTILATOF B 1 2,500.00 2005 1 100 2,300 \ �' U
a• �
BUILDING SUB-AREA SUMMARY SECTION _ ... a u+, w! fie' • a ;
Code Description Living Area Gross Area ED:Area Unit Cost Undeprec. Value nn� x Y e..,, � n% .. ds -'11I
BAS First Floor 792 792 792 129.20 102 29 b 'cam. , 'Th-
go
Porch Open,Finished 0 100 20 25.84 2 584 ...a�, tt" " ` i ~ ��� • ��
P
FUS Upper Story,Finished 144 144 144 129.20 18,605 ,:�. s„ l,X- l ' —.._ - I '^""''`,'
TQS Three Quarter Story 594 792 594 96.90 76 747 r y �' t+ .---.
WDK Deck,Wood 0 316 32 13.08 4135 �" .�• 5 .,e ",,-a'a, a ;ors ``""
a J� n.• Fi �y
ty1 .,. y.'".q: +e,°txr
4.
a. i a _
r .! "s t.' .a w ' t-; ,�# � N .w , C
Ti! Gravy liv/)ease Area: 1,530 2144 1,582
Bk 19977 Ps175 43516
06-27-2005 a 02 : 36n
J
DEED
Robert Douglas, Trustee of the Douglas Family Trust, u/i/d dated July 15, 1992, of 13 Beech
Street,Needham, Massachusetts 02494, for consideration of Two Hundred Thirty-Six Thousand
Nine Hundred Ninety-Five($236,995.00) dollars paid, grants to David Tagliavini and Lynda B.
Tagliavini, husband and wife, both of 149 Prospect Street, Suffield, Connecticut 06078, as
tenants by the entirety,with quitclaim covenants,
the land in South Yarmouth, Barnstable County, Massachusetts, together with the buildings
thereon, and being bounded and described as follows:
NORTHERLY: by Alden Street, as shown on hereinafter mentioned plan, fifty(50.00)
feet;
EASTERLY: by Lot 52 on said plan, One Hundred Eighty(180.00) feet,more or less;
SOUTHERLY: by the Run as shown on said plan, and
WESTERLY: by Lot 54 on said plan, One Hundred Seventy-Five(175.00) feet,more or
0 less;
01
Containing 8850 square feet, more or less, and being shown as Lot 53 on a plan entitled
"Property of George W. and Marian P. Wood Plan of Land, South Yarmouth, Mass. as surveyed
for L. Melva Jones October 1941". Said plan being recorded at Barnstable County Registry of
1 Deeds in Plan Book 72 Page 51.
tQ Together with a right of way in common with all others entitled thereto in the roads shown on
said plan.
p
Said Alden Street is now known as Breezy Point Road.
Nr Being the same premises conveyed by deed of Arthur C. Douglas and Anne Douglas to H.
Edward Farrior,Trustee of the Douglas Family Trust, dated July 29, 1992 and recorded at
Bamstable County Registry of Deeds in Book 8148, Page 109. See also the Resignation of
Trustee and Acceptance of Successor Trustee recorded at Barnstable County Registry of Deeds
in Book 8239, Pages 303 and 304.
MASSACHUSETTS STATE EXCISE TAX
BARNSTABLE COUNTY REGISTRY OF DEEDS
Date: 06-27-2005 a 02:36nm
Ctlt: 1933 Dad: 43516
Fee: $310.54 Cons: $236,995.00
BARNSTABLE COUNTY EXCISE TAX
BARNSTABLE COUNTY REGISTRY OF DEEDS
Dote: n6-27-2005 a 02:36PM
Ctit: 1933 Dort: 43516
Fen: 4540.36 Cons $236t995.nn
r
•
t.
Witness my hand and seal this .2 7 day of ..r7-1 LI l , 2005.
10404 )ids..
Robert Douglas, Trustee
COMMONWEALTH OF MASSACHUSETTS
NORFOLK, SS. i. Z'7 , 2005
On the date set forth above,before me, the undersigned notary public,personally appeared
Robert Douglas, proved to me through satisfactory evidence of identification,which was my
personal knowledge of the identity of the principal, to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that he signed it voluntarily for its
stated purpose, as Trustee.
nor. tip
Robert T. Smart,Jr.,Notary F41i4 ,y\ 1 1°.
My commission expires 9/1/11=�. . .�, . ;, f+ d ,
DOUGLAS FAMILY TRUST
TRUSTEE CERTIFICATE
The undersigned hereby certifies as follows:
1. The undersigned,Robert Douglas, is the sole trustee of Douglas Family Trust, Wilt
dated July 15, 1992, and recorded with Bamstable County Registry of Deeds in Book
8148,Page 109 ("Trust").
2. The Trust is in full force and effect and has not been amended or modified, and has
not been revoked as of the date hereof.
3. The undersigned has full power and authority and has been directed by the
beneficiaries of the Trust to enter into a sale transaction with respect to certain premises
located at 126 Breezy Point Road, South Yarmouth,Barnstable County, Massachusetts
("Premises"), and in connection therewith to execute and deliver, on behalf of the Trust,
any and all documents with respect to the transaction, including, but not limited to, a deed
by the undersigned conveying the Premises to David and Lynda B.Tagliavini in full
consideration of the sum of$236,995.00,together with any other agreements,
assignments, certificates, affidavits, settlement statements and documents as may be
necessary or desirable in effectuating said transaction.
Executed as a sealed instrument this 7 day of June, 2005.
Robert DougI4,g,Trustee
COMMONWEALTH OF MASSACHUSETTS
NORFOLK, SS. 27 , 2005
On the date set forth above,before me, the undersigned notary public, personally
appeared Robert Douglas,proved to me through satisfactory evidence of identification,
which was my personal knowledge of the identity of the principal, to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that.lie Jeri:;'•.,'
signed it voluntarily for its stated purpose, as trustee. � '"� xsrr�} ,Ya��'•;
y L
Al!
Robert a , Jr.,Notary Pu ub iC : � �
a
My commission expires 9/1/11 `) .'t 'n'"r' '
tH✓.9.2.
BARNSTABLE REGISTRY OF DEEDS
YARMOUTH BOARD OF APPEALS
ABUTTERS LIST
Petition# " l f Name DAV/D A40 t-ygofA T! l.tAvll1
Filing Date: ah?K12/Hearing Date: co 9 7_.?-79
Property Location: 12C. T,e9_,pea/ ?ova" f l S `j(\sotOS ANA-OZ6Cc(
Notices must be sent to the petitioner(applicant),abuttersand owners of land directly opposite
on any public or private street or way,and abutters to the abutters(only within 300 feet of the
property line)of the petitioner as they appear on the most recent applicable tax list. Provide only the
abutters map and lot number . Postage charges for all applications will be determined by
multiplying the number of abutters (and the parcel (s)in question) times .56¢,which is the
current cost for the two required mailings. Add that to the application fee and include your
check with the application.
Map Lot Number Map Lot Number
Number Number
Applicant# (_34 e--2:3 7
Abutters #'sem_ / a r.
2 Labels-1 Hard Copy
Assessors Field Card with photo Andy Machado, Director of Assessing
r
`; 34/ 92/ / / 34/ 193/ / / 34/ 204/ / /
DALTON JOHN T GAGNON ROBERT 1 HAYDEN STEVEN
119 RUN POND RD GAGNON CAROLYN HAYDEN PAMELA J
SOUTH YARMOUTH,MA 02664 50 ALLISON LN 45 JOSEPH AVE
LUDLOW,MA 01056 LEE,MA 02138
34/ 93/ / / 34/ 194/ / / 34/ 205/ / /
DALTON JOHN T MAYO GLENN E LAMB EDWARD I
119 RUN POND RD 5 TUDOR CITY PL APT 1004 LAMB EDWARD 1 JR
SOUTH YARMOUTH,MA 02664 NEW YORK,NY 10017 2932 LEATHERLEAF DRIVE
TOANO,VA 23168
34/ 94/ / / 34/ 195/ / / 34/ 206/ / /
TOWN OF YARMOUTH JAMES RICHARD D MITCHELL WILLIAM L
CONSERVATION COMM C/O WATKINS JONATHAN F MITCHELL ANNE MARIE
1146 ROUTE 28 14 BRADDOCK ST 17 BRADDOCK ST
SOUTH YARMOUTH,MA 02664-4463 SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664
34/ 95/ / / 34/ 196/ / / 34/ 207/ / /
GARAFANO CHRISTINE MADDEN DANIEL A GOGGINS KENNETH W
333 ATWELLS AVE UNIT 304 MADDEN KAREN W GOGGINS MADELINE I
PROVIDENCE,RI 02903 10 CHRISTINE AVE 236 WESTMONT DR
FRANKLIN,MA 02038 WATERBURY,CT 06708-2438
34/ 96/ / / 34/ 197/ / / 34/ 208/ / /
MCNAMARA JOHN G OCONNELL WALTER N TR VAILLANCOURT JOHN I
MCNAMARA MARIE K OCONNELL ENTERPRISES TRUST VAILLANCOURT 1 R&ROY B S
19 HERITAGE DR 5575 SANDIA PL 52 BEETHOVEN AVE
WALPOLE,MA 02081.2207 SAN DIEGO,CA 92124- WALPOLE,MA 02081
34/ 107/ / / 34/ 198/ / / 34/ 209/ / /
DEMEGO STEVEN MORIARTY MICHAEL J BURKE MICHAEL TRS
P.O.BOX 763 MORIARTY PATRICIA A BURKE CHERYL A TRS
SOUTH YARMOUTH,MA 02664 354 SPRING ST 127 BREEZY POINT RD
ROCKLAND,MA 02370 SOUTH YARMOUTH,MA 02664
34/ 108/ / / 34/ 200/ / / 34/ 210/ / /
MESSURI FREDERICK TR HEALY ROBERT L ROBERTS KENNETH D
NINETY ONE RUN POND REALTY TRUST 54 ISLAND RD ROBERTS JOANNE M
77 TRAINCROFT LUNENBURG,MA 01462 41 DEXTER RD
MEDFORD,MA 02155-2919 ROCKLAND,MA 02370
34/ 109/ / / 34/ 201/ / / 34/ 211/ / /
PEREIRA PAUL TRS MARTINI THOMAS J HILL FLORENCE M
PEREIRA DANA TRS MARTINI JANICE M 140 NEEDHAM ST
29 HILLTOP AVE 5 BRADDOCK ST DEDHAM,MA 02026-7013
• SAUGUS,MA 01906 SOUTH YARMOUTH,MA 02664
34/ 191/ / / 34/ 202/ / / 34/ 212/ / /
CASSIDY JAMES DADAK CHRISTOPHER LEONE JOHN ATR
CASSIDY DONNA DADAK GINA ARTIOLI LEONE FAMILY IRREVOCABLE TRUST
90 HOLLISTON ST PO BOX 441 47 HAMILTON ST
MEDWAY,MA 02053-1806 MIDDLEFIELD,MA 01243 BRAINTREE,MA 02184-4113
34/ 192/ / / 34/ 203/ / / 34/ 213/ / /
ROACH MARTIN D DADAK CHRISTOPHER ELLIS SUZANNE
ROACH LESLEE H DADAK GINA ARTIOLI 117 BREEZY POINT RD
22 BRADDOCK ST P O BOX 441 SOUTH YARMOUTH,MA 02664
SOUTH YARMOUTH,MA 02664 MIDDLEFIELD,MA 01243
' 34/ 214/ / /
POULIN CONRAD A Please use this signature to certify this list of properties
C/O POULIN MICHAEL TRS abutting within 300'of the parcel located at:
6 CORDES CT 126 Breezy Point Rd., South Yarmouth, MA 02664
SOUTH HADLEY,MA 01075
AssessorsIMap 34, /Lot 236.1/
�Y -7 !/�
34/ 230/ / / /4CJ ca4
DELLORCO DONALD D TRS Andy Mthado, Director of Assessing
DELLORCO MARY M TRS
16 HILLSIDE CIR
HANOVER,MA 02339
34/ 231/ / /
LAPLANTE WILLIAM 1
LAPLANTE MARY A
81 PAINE ST
BELLINGHAM,MA 02019-2519
34/ 232/ / /
LEARY DAVID E TR
116 BREEZY POINT RD TRUST
54 MIDDLEBORO AVE
TAUNTON,MA 02780
34/ 233/ / /
LEWRY RICHARD T TR
76 MIDDLEBORO AVE
TAUNTON,MA 02780
34/ 234/ / /
JANSON SUSAN B
36 MITCHELL TEAR
ATTLEBORO,MA 02703
34/ 235/ / /
DUNNE DEBRA A
755 BEECHCREST DR
RIVERVALE,NJ 07675-6054
34/ 236.1/ / /
TAGLIAVINI DAVID
TAGLIAVINI LYNDA B
149 PROSPECT ST
SUFFIELD,CT 06078
34/ 237,1/ / /
TAGLIAVINI DAVID
TAGLIAVINI LYNDA B
149 PROSPECT ST
SUFFIELD,CT 06078
34/ 242.1/ / /
MCLEAN THOMAS
128 RUN POND RD
SOUTH YARMOUTH,MA 02664
34.224
34112.
34.111 34.110 34.09 34.207 34.206 34.205 a
34.200 a
H
34108 ` 34.225
34.106
34.107 34.208 -0
10 34.105 �. 3 .
34.214
a
; '
0
Q'
ee •. , = ,
34.95 )3'
34.96 n 34.237.1
M
34.97 I 34.22
34.98 34.235
c ,
34.234
11 1
34.94 34.228
34.68 , _ i
34.238 34.22
3469 3493
3472 34.92 34.242.1,
126 BREEZY POINT RD SOUTH YARMOUTH, MA 02664 ;
���
c inch = 158 feet '"kite e
S
Data and scale shown on this map are provided for planning and informational purposes only. YARMOUTH (MA) and Vision
Government Solutions are not responsible for any use for other purposes or misuse or misrepresentation of this information. 9/7/2018
r
rye
V.1°C,
R
tTOWN OF YARMOUTH YARMOU i H
oBOARD OF APPEALS TOO.'',, .! C!ERK
, �'' DECISION
•1,,c
",< FEB 17. jy: 18
FILED WITH TOWN CLERK: February 17, 2006
RECEIVED
PETITION NO. #4010 Bk 20817 P939 =15135
HEARING DATE: February9,2006 03-13-2006 a 02: 43n
PETITIONER: David & Lynda Tagliavini
PROPERTY: 126 & 128 Breezy Point Road, South Yarmouth
Map and Parcel: 34.236& 34.237 Zoning District: R25
MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, Joseph Sarnosky, John Richards,
Debra Martin and Forrest White.
It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those
owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the
hearing and published in The Register,the hearing was opened and held on the date stated above.
The petitioner seeks a Special Permit under bylaw §104.3.5, to be permitted to acquire an undersized
parcel of land adjoining his house lot, which will, by ANR plan, become part of his house lot. The
properties are located in the R25 zone. The petitioner's house lot has 5,760 square feet of upland
(8,600 square feet of total area). It is improved with a single-family home. The adjoining property
consists of three lots in common ownership, currently own.by the Town. These lots are presumably
merged by common ownership for zoning purposes. The proposed ANR Plan will create two new
parcels, Lot A, containing 11,199 square feet of upland (15,582 square feet of total area), and Lot B,
with 2,703 square feet of upland (3,888 square feet of total area). Lot B will be conveyed to the
petitioner and become part of the petitioner's adjoining Lot 53. While the petitioner's resulting lot will
still be undersized, it will be less non-conforming then before. The Towns resulting lot, Lot A, will
also be undersized, and will be more non-conforming then at present. The proposed transfer will only
meet the requirements of this bylaw if Lot A is to become an unbuildable lot, since if it were to remain
buildable, its non-conformity would have been exacerbated by its reduction. The Board therefore
finds that the resulting Lot A will not be a buildable lot after this transfer of Lot B. While no such
restriction is noted on the plan, the Board recommends the Planning Board require such a notation on
the plan before its endorsement,to avoid further confusion or misunderstanding.
Based upon the above findings, applicable to Lot A, and the new lot (B + 53), a motion was made by
Mrs. Martin, seconded by Mr. Samosky, to grant the Special Permit, as requested, subject to the
endorsement and recording of the plan, and the completion of the petitioner's acquisition of title to
parcel B. Mr. Samosky, Mr. Richards, Mr. Reid, and Mrs. Martin voted in favor; Mr. White voted
against the motion. The Special Permit is therefore granted.
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
sub ti use thereof has not begun within 24 months. (See bylaw §103.2.5,MOL c40A §9)
114-0
bavid S. Reid, Clerk
1
•
•
F Aril OF MASSACHUSETTS
o _— R
o TOWN OF YARMOUTH
�' AC BOARD OF APPEALS
01..,., :, 'i
Appeal#4010 Date: March 10,2006
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 & Lynda Tagliavini
149 Prospect Street
Suffield,CT 06078 .
Affecting the rights of the owner with respect to land or buildings at 126 & 128 Breezy Point
Road, South Yarmouth. Map and Parcel: 34.236 & 237 Zoning District: R25 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 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) 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.
'aa'hi
David S. Reid, Chairman
.
t, , . TOWN OF YARMOUTH Town
% • 1146 ROUTE 28 SOUTH YARMOUTH, MASSACHUSETTS 02684-24451 Clerk
Telephone(508)398-2231 ext.213 Fax(508)398-2365
CERTIFICATION OF TOWN CLERK
I, Jane E.Hastings, 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 #4010 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.
I/ !7 ✓Lai
.ne E. Hastings, CMC /
Town Clerk
t t � >Y • =. �J y ^ f r rN
ihigilt
�\ "fir - f 4 �: t_,�r
Aft
EF •
\ t�' . a,:. .� f E s s'�" "r: % x ,f t.... �_ • -
,..
/ , y•E - 1 ;. .i:s `•' f ..,,rte
fr
_ ilR,rFy' .M
' n. F -�3q' {. 1-+fife r . .n w.'`-�� r •F'y-!
n% ix •i•
..- k _ 4 I 1�I
1
_______.______.____________._.____:_T.._I .101. goli „,,, , ________ ___ lii,... \
F�li
f �__..-^^•'_"' �� ■. ---'^-^".`e-'-- - fr \ Mrs J
�i 6 ' ' i -10._ >
i/; -------:-____________....---- ��_,.• A`'
l/ i #?--:—'-.777,—::.;,"‘:—'''..":: - .-,
�nv
_ K
� a....-----
P -----17_.....� -^sem. �Y+ - -- - d
offs
u ]
_
•
L., 4 i _gh "` }
R'+ i`c° x ._:-...,2.____.--_,..i- r,• rrk.' _'�#: 7+. aS. i+ 3 ,
14 111 1 \
44,41,
1
_< • �-- -_---_ s , t SFr"s - ti•c••21,„, 4.t
4
},�F TAT (i/¢s ` ,r,
.:•.Y ,.gp� i_ Y- !�'� 1 ,....m V ,� •. L -
® '�«. -ri
� ° mesas :,.. * _ 61: r i
•. _. •
•11 f{f{11 1{11 qq
j-P om:'-,--+-----•••:--•••-•1_•,- f II
E 5t•it lit _
tll ES
`Y' � . 3-•-•••-•,-"'n---:
� .3.- ��
..: �'� +-mom 1 1 r >
Al.--
n-r ' ;; -k�:`Xr. c- ,Y�� •�- _-- _ ..__. .....,_.,,w - : y :i ii(f ,,',,,, , .+ • , Ate` • ,
inn e., s Ye,.... .,.v" r. s-i ' 4
'' l�rvS '�S-:„F-.-4', .`-c-'YtY4 'R(a'-5.� IMF, ' �� �� "
{ x,-9'T%- a•,sa'._ _
_ T
sof
}- ram ''1 r.. ,� .'� ti
a
-s', -t1„ a,zC,',- ,''','' 3• z? k� ‘'''.4.^-7',','",,;..."^,7' .. ..
„fix 4.4.&j,-74-a--It.':.
ems74-a-' 'z e F `.' .,-,.'0":''. s° _ xs1v... ''
✓� -` /
\.
� . ^ . ,}`
` s `\
_404,0000/
�, = -- .- te t < '
F �
..tea...f.51,.."',_--
^�-.\ '\. i\
4.,-,...,.. .:%.:4,5--'-e.- ' '� ..- _ 5 s `� 'V `
fes' ,,,A_L.rim' '�, .=^ti. ` \ � � ,\
J �_ , `�+.. :--- w ys,-r � ,,,,,.,..,.-27;':--1:„._
... -27;'� ._ •-i.- .. `fi r
_�. .±•. _. _.",„:,------.,...-7!'---.—....,...--......
. _"yam ...` n
7,7
='=-. ,.1..,.----,, ,„—",--.7-:----, __' -,,,,:_._=4.. Com'..:T- .�•�. -,---t,
�'� .,�`..... It��''�,'4 e�
il .
111
1
-1-__---:------L-------TT,7:._-_-:-7 -r-: , •-,.7.7,,---2--- - :______ -;,f_.,;‘,7,- ---:_•__ __----7- --— , _,..4-f- "7-F)'.-.'",..-..7.--I:1,7',,,,- .4*,, ', - , .'''=.4),.4,4.4,•,,t, e .,,,.. `;‘,2:
w• s
„-_-_--_,-----t-----: ----- -:-.-_ , _ , , - -- --- -_ .,---1., - _,„,, .--,.._
-_____-_,-„-_-______„ , , --.____, _-_-_- __ ,.__ .„,.. ...„,_ ,.
.„._ ,..._ .7._____ 71 4, ..• 4.....,4,4' . .... ... --
a - -
--: -.,, ,,4,1;,"74,'a'ao.'• 4.4"v..., - .. .1, ,-4, 4z _ __ -.
° SO`•� S �' 1 3 y- — �. fie+ �y .4 r
µ
'M
• ,mac
'�`y.'---- "aa .:. .::?b' -° _ _: '4 cth 'iYt � 'nom 't-'-';,,.,„::-
v c ; - ay '_r
�_.Y-'�
—•'_; _ `F� .-,' � ,� F �C' -per:' -s<,.. - v� �•�a 'X�l cy�`�c i -' �✓-.�,;, .`� :�' gj �
.0
w.
-`'�W ,.3s CG R7 ,:,....,AZ;,x3 ,..„.7,-,-;:.---_-...--:.-&,:----,.';',11,-- -A.;
q J; `ve ?-, ▪ 3• "�., r.L2.;. "'a._ L`
,r -n. .{�'_`eiS - '-'� am.. 'wy ''''.4g:,:',--,--,-7-,.....;,::;
a„ f '�Y>•sac _ ""-;,t�. .st
..L'.. fi R -,,,,,0,;,;;;....;.4,,-_-;1..,,-,2.•:.':. -'i,. .
ee; i.{ • " l.. 7 srei it .y?f1`y,v *.F.. -SG 1 Y° "[' S'M!� -•� .man i._'.(�'"' ~" �.�
w has:� m �? t ,_ tX fir: ti .. sn X ata a tc :: . s�s�. ?a 2x'"5 ` s...
s i,.4a..- z_. sb',___:r.. u ups to ste_. ? .'€3*'4 .:i:+,:._a �-a
OF'Y'`,R
*-c, .A-) TOWN OF YARMOUTH
Conservation
'- Commission
Te' ,,,,,Ts ' ' 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664-4492
a... a• P Telephone(508) 398-2231, Ext. 1288,Fax(508) 398-2365
•
MEMO
To: Board of Appeals
Fr: Kelly GrantG'
Conservation Administrator
Re: Board of Appeals Meeting 9/13/2018
Date: 9/5/2018
126 Breezy Point Road,West Yarmouth.
Applicants David and Lynda Tagliavini of 126 Breezy Point Road, South Yarmouth, MA,
submitted a Notice of Intent to the Conservation Commission on 1/18/2018 for an addition to a
single family dwelling within the footprint of an existing deck. The Conservation Commission
voted to approve the project with conditions. A subsequent amended plan was submitted for
approval that includes the addition of a garage outside the 50 foot setback to the wetland and a sun
deck outside the 35 foot setback to the wetland. Given that the proposed work is outside the
required setbacks and would not require further conditions, the Conservation Administrator
approved the revised plan. The approved plan is Site Plan of 126 Breezy Point Road, South
Yarmouth by Down Cape Engineering,dated August 1,2018.
RECEIVED
SEP -4 2018
YARMOUTH
BOARD OF APPEALS
RECEIVED
VIA E-MAI ?.
Clark, Sandi
From: Joanne <ken031352@gmail.com>
Sent Thursday, September 6, 2018 10:11 AM
To: Clark, Sandi
Subject: Petition#4768- 126 Breezy Point Rd.-Tagliavini
In regards to the above petition.We have no objection to the one car garage at the above address.The Tagliavini's are
good neighbors and have done nothing but add to the beauty of the neighborhood. If you have any further questions
please call us at 781-351-9075.
Sincerely,
Joanne and Kenneth Roberts
125 Breezy Point Road
South Yarmouth,Ma.
Sent from Mail for Windows 10
1
RECEIVED
VIA E-MAIL
Clark, Sandi
From: tchr78@verizon.net
Sent Sunday, September 9, 2018 8:18 PM
To: Clark, Sandi
Subject: Petition#4768- 126 Breezy Point Rd-Tagliavini
To Whom It May Concern:
We reside at 124 Breezy Point Road and have no problem with the construction of
a one-car garage for the Tagliavinis.
Sincerely,
Debbi and Jay Dunne
1
RECEIVED
VIA E-MAIL
Clark, Sandi
From: patti kashgagian <pkash9457@yahoo.com>
Sent Monday, September 10,2018 9:34 AM
To: Clark, Sandi
Subject: Petition#4768-126 Breezy Point Road-Tagliavini
September 10, 2018
Dear Yarmouth Board of Appeals,
We are Patti and Greg Kashgagian and we reside at 106 Breezy Point Road. We are writing to
you in regards to the petition#4768-126 Breezy Point Road -.Tagliavini. We are in favor of the
Board granting the relief on the petition to allow a one car detached garage to be built. We feel
it will not encroach on anyone since it will abut a non-buildable lot owned by the town. We
believe it will enhance our neighborhood.
Sincerely,
Patti and Greg Kashgagian
Sent from my iPad
t
Clark, Sandi
From: John Vaillancourt <jvaillancourt52@gmail.com>
Sent: Tuesday, September 11,2018 1:32 PM
To: Clark, Sandi
Subject: Re: petition 4768 Tagliavini 126 Breezy Poing
Thank you Sandi.
Let me confirm: the proposal before the board is for the garage only(since it requires a special permit).
Additional changes being planned for the site (which may have already occurred) are a sunroom and
decks. Neither of those require special permit and therefore no notice to abutters. The garage is a 2 story
garage or 20 feet high with no requests for any bedrooms.
Is the above correct?
My questions to be raised during the hearing,would be;will there be a 2nd floor in the garage and if so will it
include living areas and bathrooms?
John J. Vaillancourt, C.P.A.
508-335-6445
jvaillancourt52@gmail.com
www.linkedin.com/innohn-vaillancourt-642570/
On Tue, Sep 11,2018 at 1:16 PM Clark, Sandi <SClark@,yarmouth.ma.us>wrote:
Hi Mr.Vaillancourt,
I have re-scanned the Site Plan this time giving you the notes and second floor sunroom that may have been cut-off on
what I sent originally. The only proposal before the Board is for the garage, I am not aware of any designs for the 2nd
floor. The Site Plan note#4 states it will remain a 2 bedroom.
If you have concerns and cannot attend,you can send me an e-mail and it will be part of the materials that the Board
members receive.
Hope this is helpful,
-Sandi
1
BREay POINT ROAD
75.00'
. ii.I
CONC.
' mi
FOUND.
TOF=11.0'
-H
IN
to 4-
.'1
R.
LOT B
11,753 SF±
"THE RUN" TIDAL \\
DCE JOB #05-204
FOUNDATION PLOT PLAN
FOR THE PURPOSE OF OBTAINING A BUILDING PERMIT ONLY
LOCATION : 126 BREEZY POINT RD. SOUTH YARMOUTH, MA
SCALE : 1" = 30' DATE : OCTOBER 19, 2006 PREPARED FOR:
REFERENCE : LOT B PB 607 PG 1s DAVID &
ASSESSOR'S MAP 34 PARCEL 237 LINDA TAC-"I" ,SNI
I HEREBY CERTIFY THAT THE STRUCTURE Jr1,'r\;C "ASo -rt
SHOWN ON THIS PLAN IS LOCATED ON THE t; /,;1 '�
GROUND AS SHOWN HEREON. <,'j`,c` T'M{'HY ct
ar 5181:22-1Z • t f COV L� y >
fox KS lb. e 'S
co -
Blown cape engineering, inc. tail' / (p
1 CNII. ENGINEERS ' 1 ,! - A'fi ----
Vr ..� i
:ANn SURVEYORS DATE •
RE till LANDL `SSCJRdEYOR
939 main at yarmouth, ma 02675
A
aw
ezy Po6nt Roa
(40' Wide - Public)
1 pora
r O Pa a,- -+
tr
75.00'-
. .. 's`... . =_ ~� .� .�.
4
111
O G} O dsy
MAP 34 PARCEL 2371 _,•_ x' 3 ro
row or YARMOUTH W /
DB 13263 PG 164" W
PROPOSED ` 5. la
12' X24' —1 i
GARAGE PROKPOSED
{
� DEC
i
J.,/
EXIS1WC 0 ;m
DWELLING ' &Wi:
EL
rsr FL . late � are IIing
kNom
... J.
•• DECK ,
50
�..• BV . ` OF I5311
' FF I `.., .✓., DECK
4
{ 0 X .-4\WORK; ..
X
X--.` -- ;•- PROPOSED ADDITION
IN AREA OF
EXISTING DECKS:
1 ,r(GONSISIS OF FIRS
�et' N ,✓" FlD9R EXPANSION AN
ALLOW PATH Ti LIMIT ✓]' ; SECOND FLOOR SU C
RE-VEGETATE r ". \LINE
TO 4` WIDTH 1' + OCE OF P-ASS
.V P i•.yyfTLO
........-x 1EDA.
A, 11••,�...` 2/ ...8 I�DER 14. i
iL . S I
/ ' 1i LOT B a`
5 AI11,753± SF S
11 /
<______� � L S i If
^. +L
1/4 A
I3ooK (obi I6
r-'
yad�
$ -
IRON PIPE -�I.� ■
PMS gi
it rill
Breezy Point S D�" \IV
.ill�iill�
C+O'BTde - Pub/Ic Road cE�s �`� 1 LOCIIB
lJ6.J7' J ESO/Paysvnmf t' ' IS 5657150 • / /
/ R6
2S�, -; uaz• 7500• Sd521's6>• i Pae Nantucket
I' Sound
1 oNl I 540p "' i x6).16'
I S§I FOR REGISTRY USE
I I c i I LOCUS MAP ZONING SUMMARY
I I LOT 64 L�� I Lot 6'
SCALE 1' 2000± ZONING DISTRICT: R-25 RESIDENTIAL DISTRICT
LOT 66 '6 . ASSESSORS MAP 34 PARCEL 237
MIN. LOT SIZE 25,000 S.F.
^ LOT 66 I I I LOCUS IS WITHIN FEMA FL000 ZONE All (EL11) MIN. LOT FRONTAGE 150' •
\ICI C I I -°� ExistingAnsAS SHOWN ON COMMUNITY PANEL /250015 0006 C MIN. FRONT SETBACK 30'
•� ' w o o L I f56' % /, E kfary DATED 6/17/86 MIN. SIDE SETBACK 15'
ize N 1-I Lot A AlI p...` M v� fI rig
MIN. REAR SETBACK 20'
P e 1 I Area=15,562± Sy. FL I h t 2 n I ■ �i REFERENCES
Ila a ��: OWNER OF RECORD
0 o 1t W 0.36 Acres �I R2o s !! DEED BOOK 13263PAGE164n I (11.199±SI.Upland) �` IV
or a4 ,XI COI DEED BOOK 7738 PAGE 12 LOTS 54, 55 h 56
Z Q I a W DEED BOOK 1285 PACE 1014 TOWN OF YARMOUTH
o I 6;'a'• ^I a 1146 ROUTE 26
a �,mo a a PLAN BOOK 72 PAGE 51
I I i vi W 2'r� LOt B z t �m SOUTH YARMOUTH, MA 02664
A. _.—I--1 W Area=11a533 S.F. i•a„o NOTE
I $ Cr 4 t,''
(y 0 ik I1. THE PURPOSE OF TNS PLAN IS TO COMBINE LOTS 55, 56 AND THE WESTERLY PORTION OF LOT
``2 ; 5* Acres o fr.-J? 54 AS SHOWN ON 'PLAN OF LAND - SOUTH YARMOUTH, MASS AS SURVEYED FOR L MELVA
i m A o (7.735± S.F.UPLAND) W W
d4 \ I JCNES' DATED OCTOBER 1941, (PLAN BOOK 72, PAGE 51) TO CREATE LOT A; AND TO COMBINE
Q. I a THE EASTERLY PORTION OF LOT 54 WITH LOT LOT 53 TO CREATE LOT B.
,ll. I ,lye Il q .. Imo_._ -�"Z M'' 'y' 4, 2. LOTS 53, 54, 55 & 56 WERE SUBJECT TO ROAD TAKINGS IN PLAN BOOK 103 PACE 17 AND
Q V.W I g ltl. Jf. $ PLAN BOOK 91 PAGE 127.
ik
REQUIRED A
AL
ilk I ,�y. 'L` ,y, I W` A` aI W`' a 3. RIE FROM THE YION AND ARMOUTHRBOARDINATION Of LOTS OF APPEALS. WHICHOWN ON "HS WAS HEARD ANDSGRANTED ON FEBRUARY 9,PERMIT
2006. UNDER PETITION #4010. THAT DECISION HAS BEEN RECORDED IN THE BARNSTABLE COUNTY
— 2 REGISTRY OF DEEDS IN BOOK 20817, PAGE 39.
in i
A A
//
'� I A. I dc. PLAN OF LAND
// mm aaa \\ A I ,Ju. AT
1�ESE I ” _ A J4 128 BREEZY POINT ROAD
568 — —`.>.,, 311. SOUTH YARMOUTH, MA
//_ 91.42' ////T �� " Nl1E \
ll ` +l u n// /'E 2'� — \ PREPARED •
FOR
food s5b _ `\ " f d`
TOWN OF YARMOUTH
YARMOUTH PLANNING BOARD DATE MARCH 13, zoos
APPROVAL UNDER THE SUBDINS/ON
CVNFROL LAW IS NOT REQUIRED
N Scat=la=20'
0A . s--/So *29t7 N . ...._)4.. .
0 10 20 30 40 50 FEET
I CERTIFY THAT THIS PLAN WAS MADE IN it .0 50e-362-4541
ACCORDANCE WITH REGISTRY OF DEEDS
REGULATIONS EFFECTIVE JANUARY 1, I
1976. AND AS AMENDED JANUARY 7..
1968. • down cape engineering, inc.
soma
i ARLN CIVIL ENGINEERS
ENDORSEMENT IS NOTA VeIIRUFNARQIf CALA �I •1 i LAND SURVEYORS
AS 7o COMPLIANCE Will ZONING - - - -
REWL471avS .. l.;j1. 939 main st. yarm6Bthport, ma 02675
. AliatI 13,206 � v
DATE ARNE nu.1.• P.LS.
05-204 OASE2DWG
Oct /05-204
•
RIDGE
EL: 120'-0 5/8'
■I■ INN -.
III ■11
a..3 +
u ;p
4
O
N . 0
N
ri
T.O. SLAB '------ - EL.: 1001-0' •
ICDREAR ELEVATION \ GRADE
SCALE= 1/4' = I'-O'
RIDGE
�-—-.---- --\--'V- EL: 120-0 5/81 S
I Zo
q ill
N o
N
T.O.•
SLAB h
•
OSIDE ELEVATION -8" NAP)SCALE: I/4' = P-0"
• RIDGE
EL.: 1?A'-05/8° 4
.in
t
[Ul =A
T u
�.... -J
N
_ T.O. SLAB
EL.: I0O'-0"
FRONT ELEVATION ` q-e" WinO SCALE: 1/4' = 1'-0'
.241-0°
• r
9
N
FLOOR PLAN •
SCALE: 1/4° = I'-0°