HomeMy WebLinkAboutBoard of Appeals 4812 Bic 32326 P9231 46790
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TOWN OF YARMOUTH
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FILED WITH TOWN CLERK: August 21,2019
PETITION NO: #4812
HEARING DATE: July 25,2019
PETITIONER: Timothy J. Chapasko
PROPERTY: 589 West Yarmouth Road,West Yarmouth, MA
Map & lot#: 0086.5/7A; Zoning District: RS-40
Book/Page: 31957/268
MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman, Sean Igoe,Dick Martin,
Thomas 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 is Timothy Chapasko who seeks a Special Permit in connection with property
owned at 589 West Yarmouth Rd., West Yarmouth, MA which is located and in R-40 Zoning
District. Specifically, the Petitioner seeks a Special Permit under the Zoning Bylaw§202.5 (#5) in
order to create garage space for more than three vehicles, in this instance four vehicles.
The Petitioner has an existing separate garage space accommodating two vehicles and seeks to
build a structure which is allowed, by right, but which would include an additional two car garage
below a second-story living space. Generally the members were in agreement that the design was
not particularly pleasing but that the structure, when built, would serve to screen the rear structure
currently utilized as a garage. As indicated, the only relief needed is that of allowing garage
storage of more than three vehicles. There is no dimensional relief required.
No one from the public spoke in favor of the Petition except for the Petitioner and no one in the
public spoke against the Petition nor were any exhibits received. In the Board discussion and
deliberations, it was generally the feeling that the design was not appropriate as an ell off the
colonial to be constructed. In particular, Ms. Britta expressed strong opposition to the grant of the
Special Permit. Nevertheless, the remaining Board members felt that, despite the design, the
Petitioner demonstrated that no undue hazard, nuisance nor congestion would be created if the
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Special Permit was granted nor would any substantial detriment to the present or future character
of the neighborhood or Town occur. Accordingly, a Motion was made by Mr. Igoe, seconded by
Mr. Nickinello to approve the Petition without condition and on this Motion four Board Members
(Martin, Igoe, DeYoung and Nickinello) voted in favor of the grant of the Special Permit and one
Board Member(Britta) voted against the grant. Therefore, the Special Permit was granted.
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)
Steven S. DeYoung, C airman
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F Yq COMMONWEALTH OF MASSACHUSETTS
N\ ro TOWN OF YARMOUTH
BOARD OF APPEALS
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Appeal#4779 Date: September 11,2019
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:
Timothy J. Chapasko
589 West Yarmouth Road
West Yarmouth, MA 02673
Affecting the rights of the owner with respect to land or buildings at: 589 West Yarmouth Road,
West Yarmouth, MA Zoning District: R-40; Map & Lot#: 0086.5/7A; Book/Page: 31957/268
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.
irman S even S. DeYo g, Cha
>r __ TOWN OF YARMOUTH
st c, _ Town
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_ 4 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 Clerk
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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 #4812 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