HomeMy WebLinkAboutBOA Decision 4839 Bk 3274,6 P333 -r 12177
03--1 0-2020 a l i e 05ct
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. f Ni*'rp TOWN OF YARMOUTH
BOARD OF APPEALS
��..4 " '1y DECISION
FILED WITH TOWN CLERK: February 11,2020 R 2
PETITION NO: #4839 4
HEARING DATE: January 23,2020 ;i 1 L N G D c G'' ` r
PETITIONER: Eric E.and Barbara J. Rose
PROPERTY: 14 Brewster Road,West Yarmouth,MA
Map & lot#: 0029.143; Zoning District: R-40
Book/Page: 15501/176
MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman,Dick Martin,Thomas
Nickinello,Tom Baron 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, Barbara J. Rose of 14 Brewster Rd., West Yarmouth, MA did a fine job in
presenting their Petition seeking alternative relief of either a Special Permit under Zoning By-law
§104.3.2 (2) or a Variance from By-law §203.5 in order to proceed with the construction of a
porch into the required front yard setback. The property is located in Zoning District R-40. She
was assisted in her presentation by Kevin Hamlin, Builder, from Shawme Hill Corp. Additionally,
several people spoke on behalf of the Rose Petition. This included Ronald Cadillac, a neighbor
and Professional Land Surveyor. Lastly, 2 letters were received, both prior to the hearing from
Ms. Susan Scolles and Peter Forsthuber each of whom are abutters to the Petitioner's and each of
whom expressed their lack of objection to the proposal. One exhibit was received at the hearing
which is best described as a picture of the front of the Petitioners'home.
The Petitioner seeks to add a 6' x 28' porch to the front of their home. The porch, when
constructed, will be a distance of 14.3' at its closest and 14.7' at its furthest from the layout of
Brewster Road upon which this property fronts. Of note, other houses in this immediate
neighborhood are similarly situated. Moreover, Brewster Road is not constructed to its full layout.
No further widening of Brewster Road is anticipated.
The Board expressed its generally held view that front yard setback relief will not be allowed
other than in special circumstances. This is a neighborhood of some older homes, built before the
Zoning By-laws were in place and the addition of this small front open porch will both provide
static quality to the home and conform with other homes similarly situated in the neighborhood.
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As the relief sought would extend a pre-existing nonconforming use, the Board felt that granting
the requested relief would not result in any undue hazard, nuisance nor congestion nor cause any
substantial harm to the existing or future character of the neighborhood or Town. Accordingly,
Mr. Baron moved and Mr. Campbell seconded a Motion to grant the Special Permit as prayed for
within the Petition and without conditions, upon which the vote of the Board was unanimously in
favor. The requested relief for a Variance was requested, by the Petitioner, to be withdrawn
without prejudice and Mr. Igoe moved to grant this request and Mr. Nickinello seconded this
Motion upon which the Board voted unanimously in favor.
Accordingly, the Special Permit as prayed for within the Petition is granted and the requested
Variance is withdrawn without prejudice.
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, airman
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.01 Y,1 COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
5 dick BOARD OF APPEALS
CNE �/
Appeal#4839 Date: March 3,2020
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:
Eric E. and Barbara J. Rose
14 Brewster Road
West Yarmouth,MA 02673
Affecting the rights of the owner with respect to land or buildings at: 14 Brewster Road, West
Yarmouth, MA Zoning District: R-40; Map & Lot#: 0029.143; Book/Page: 15501/176 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.
Steven S. DeYo , Chairman
ti
.. TOWN N OF YARMOUTH
z. Z? Town
01k 1 146 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 #4839 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.
1i
Plalili aude ,
Tovirt'Clerk
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register