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Home My WebLink AboutBOA Decision 4838 R g I-i 3 2 74 0 _.-4 4 -m :?., ..9.. . 55 3: .i:a---06-20'?(I t'E? .2 a 1:..7 tn, . .off_Yq_it �j .„--" ` G TOWN OF YARMOUTH , '' ,'� G BOARD OF APPEALS 0 :,14 DECISION RECEIVED . �`rAICK�t MAR 112020 7 BUILDING DEPgRrrvIENT By: FILED WITH TOWN CLERK: January 17,2020 PETITION NO: #4838 HEARING DATE: January 9,2020 PETITIONER: Dean and Jennifer Hogencamp PROPERTY: 40 Golfers Circle,South Yarmouth, MA Map & lot#: 0100.76; Zoning District: R-40 Book/Page: 24452/335 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 Petitioners are Dean and Jennifer Hogencamp and the Petition was well presented by Jennifer Hogencamp. The Petitioners seek a Special Permit to increase the existing one car garage to a two car garage. The need for a Special Permit is due to the present structure being a pre-existing, non- conforming structure. The property is located at 40 Golfers Circle, South Yarmouth, MA and is in an R-40 Zoning District. No one spoke in favor or against the Petition and no exhibits were received at the hearing. The Board did receive an e-mail from Elizabeth Rogers expressing concerns over whether there would be changes to the septic system which concerns were eliminated by the description of the planned construction. The addition will essentially result in the elimination of the existing garage, though some space suitable for a golf cart or other similar equipment will remain. The addition to the left side of the existing structure is appropriate, in part due to the location of the septic system components to the front of the house. Though there will be some loft space over the garage, this will not be used for a bedroom. The Board felt that relief could be granted without resulting in any undue hazard, nuisance or congestion and the addition would not result in any substantial detriment to the existing or future character of the neighborhood or Town. A Motion was made by Mr. Martin, seconded by Mr. Baron to approve the grant of the Special Permit as sought by the Petition on the condition that 1 1 the garage would not be used as a bedroom. On this Motion, the Board voted unanimously in favor and the Special Permit was, therefore 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, rman 2 T OY Yak.. COMMONWEALTH OF MASSACHUSETTS j TOWN OF YARMOUTH ,s-t tta C BOARD OF APPEALS 'tomJ.- Appeal#4838 Date: February 7, 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: Dean and Jennifer Hogencamp 19 Lincoln Road Mansfield,MA 02048 Affecting the rights of the owner with respect to land or buildings at: 40 Golfers Circle, South Yarmouth, MA Zoning District: R-40; Map & Lot#: 0100.76; Book/Page: 24452/335 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. De"i e g, Chairman f r sit r TOWN OF YARMOUTH Town _. "'.1k 1146 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 #4838 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. 4.-e.::-tzt:"*....s e ,- ;,3%%' �E"' 41': i _ n ' i1 1i1 t III BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register