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Home My WebLink AboutPetition #4853TOWN OF YARMOUTH VARM0101i TOWN CLERK BOARD OF APPEALS WAUO19PM6:10 REC APPLICATION FOR HEARING Appeal-: Hearing Date: 6 zV--,2iE2 _FeeS&/. Owner -Applicant: TA m t+s W U R EM IN (Full i'ames- including d/b/a) V��C®n S S y�2mgt wY� OZZ44 7?4930h32- G<nlqk�ey&r Q VA1 oo.CDM (Address) and is the (check one) / Owner (Telephone Number) (EmailAddress) Tenant - Prospective Buyer = Other Interested Part-, Property: This application relates to the property located at: a tPACon ST, and shown on the Assessor's Map -: Q as Parcel=: Zoning District: R- 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 constructiott/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" t: RELIEF REQUESTED: The applicant seeks tl e following relief from the Board of Appeals: ])-REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING :ADMINISTRATOR dated attach a cope of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. ') SPECIAL PERMIT under § 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 -lacy. Specify all sections of the by-law trom which relief is requested, and, as to each section, specify the relief sought: Section: Relief sought: 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): <, 4Mr Name & Address Title deed reference: Book & Page= _3OSO"7 -) 7 or Certificate Land CourtLot # 0 0 Plan #M] 31 (provide copy of recent deed) Use Classification: Existing: §2022.5 = Proposed: R155tnt:Il Sir4L §202.5 Is the property vacant: If so. how long?: Lot Information Size/Area: IZj bM 11 Plan Book and Pave Lot= 106 Is this property within the Aquifer Protection Overlay District? Yes No Have you completed a formal commercial site plan review (if needed)? Yes No Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ ave/ r will review this project, and indicate the status of their review process: LleA I TJ Repetitive Petition: Is this a re-application: If yes. do you have Planning Board -\pproval? 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. [ elude a copy of the decision(s) with this application: V&W Z it f-dr►q -0 47 RII? Building Commissioner Comments: Appitcant s rAttornev iAgent Signature lddress: Phone_ E -Mail •/4 •-Z'oo issioner Signature Date Bk 30507 Pg17 #25239 05-24-2017 @ 10:27a MASSACHUSETTS (Quitclaim) revised 01/01/92 REO NO.: P17018W "FANNIE MAE" A/K/A FEDERAL NATIONAL MORTGAGE ASSOCIATION, a corporation organized under an Actof Congress and existing pursuant to the Federal National Mortgage Association Charter Act, having its principal office in the City of Washington, District of Columbia, and an office for the conduct of business at P.O. Box 650043, Dallas, Texas 75265-0043 (hereinafter called the Grantor) for consideration of Two Hundred Twenty -Six Thousand Nine Hundred and 001100 Dollars ($226,900.00), paid grants to James W. Baker, Jr., unmarried, now of 62 Beacon Street, South Yarmouth, MA 02664, with quitclaim covenants, The land together with the buildings and improvements thereon, situated in the Town of Yarmouth (South), County of Barnstable, and Commonwealth of Massachusetts, being, shown as LOT 100 on plan of land entitled, "Section B. Fleetwood Park in Yarmouth (south), Mass. for Lads Investors, Inc. Scale I"= 60' Kime 1964 Gerald A. Mercer & Co., Inc. Civil Engineers," recorded in Barnstable County Registry of Deeds in Plan Book 187, Page 31. Said premises are conveyed subject to and with the benefit of rights, easements, restrictions and reservations of record. For Title Reference, see Foreclosure Deed recorded in the Barnstable County Registry of Deeds, in Book 30343, Page 82 on March 10, 2017. UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions, restrictions, and agreements affecting the property. THIS DEED is given in the usual coyrsq of the Grantor's business and is not a conveyance of all or substantially all of the Grantor's assets in Massachusetts. The Grantor Is exempt from paying the Massachusetts state excise stamp tax by virtue of 12 United States Code §1452, §1723a, or §1825. TOGETHER WITH all and singular the improvements, ways, streets, alleys, passages, water, watercourses, right, liberties, privileges, hereditaments, and appurtenances whatsoever hereto belonging or in anywise, appertaining and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor in law, equity, or otherwise howsoever, of and to the same and every part thereof. v m N O a g T E 0 kn Co C 0 U W m M N CO fA t8 m Q t 0 o_ Executed as a sealed instrument this 21day of 20_j_. For Authority see Limited Power of Attorney recorded in the Barnstable County Registry District of the Land Court at Document 1319444 and Delegation of Authority and Appointment recorded in said Registry District at Document 1317780. STATE OF MASSACHUSETTS County of Middlesex, ss. "FANNIE MAE" AIWA FEDERAL NATIONAL MORTGAGE ASSOCIATION By: Orlans PC Its Attorney -in -Fact ntha Co rt, Authori2ed Signatory, Real Property On this � day of Flagyl 2P—L-1, before me, the undersigned notary public, personalty appeared Samantha Court, Esq., Employee, Authorized Signatory, Real Property, of ORLANS PC, as Attomey4n-Fact for *FANNIE MAE" A/K/A FEDERAL NATIONAL MORTGAGE ASSOCIATION who is either personally known to me, or proved to me through satisfactory evidence of identification, to be the person who signed the preceding or attached document, and acknowledged to me that he/she executed the same for its stated purpose as the free act and deed of "FANNIE MAE" A/K/A FEDERAL NATIONAL MORTGAGE ASSOCIATION. JOHN r. FADE. REGISTER 6ARNSTANZ covert REGISTRY Or DEEDS RECEIVED i RECORD® ELECr➢ONIC=y ��pNDa� • : ,9,,�c�[�� 1 ;-., c , Notary Public y Commission Wires: _ tcA2.:1 r'1 JOHN r. FADE. REGISTER 6ARNSTANZ covert REGISTRY Or DEEDS RECEIVED i RECORD® ELECr➢ONIC=y YARMOUTH BOARD OF APPEALS ABUTTERS LIST Petitionkigcy Name �yf „�^� W tovi'o' jl� Filing Date: Wto Hearing Date:V. Property Location: i364<" Sf, Notices must be sent to the petitioner (applicant), abutters, and 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 56e, which is the current cost for the two required mailings. Add that to the application fee and include your check with the application. 2 Labe Map Lot Number Map Lot Number Number Number Applicant # 1 Abutters is C All AC is -1 Hard Conv Assessors Field Card with photo Andy Machado, Director of Assessing wm tiane nmm�n 'I'A �M 39.10Aa3AV-O9-008-L ,Wdn-dod paogaj al jal�A�j `"ep suas ap a�nyPey el zalldaa 00965 GAWAV z1jegen ai zeslian , We g v , jeled g salpq sauenD144 Q•ID 981 111/ / / 98/ 13/ / I 98/ 831 / I COMMONWEALTH OF MASS THIVIERGE SCOTT E KELLEY THOMAS E TRS EXEC OFFICE OF TRANS & CONSTRU MEHIGAN DEBORAH R THOMAS E KELLEY LVNG TRST 1 ASHBURTON PLACE 24 SHADY REST DR 346 LONG POND DR BOSTON, MA 02202 SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH, MA 02664 881 941 I / 981 141 I 1 981 891 1 1 SWIFT WILLIAM P TRS RUBY MARK P BROWNING-FERRIS IND INC C/O SWIFT REALTY TRUST RUBY MARLAINE E C/O ALLIED WASTE NORTH AMERICA I PO BOX 108 18 SHADYREST DR P O BOX 29246 BARNSTABLE , MA 02630 SOUTH YARMOUTH, MA 02664-1831 PHOENIX, AZ 85038-9246 98/ 261 I / 98/ 151 KELLEY THOMAS E TRS SCHMIDT HOWARD A THOMAS E KELLEY LVNG TRST P O BOX 756 Please use this signature to certify 346 LONG POND DR SO WINDSOR, CT 06074 SOUTH YARMOUTH, MA 02664 this list of properties abutting within 300' of the parcel located at: 98/ 6/ / / sal 18/ / / 62 Beacon St., South Yarmouth, MA BAHMAN SUSAN D KIERNAN THOMAS J 02664 81 NIGHTINGALE DR KIERNAN LAURA M SOUTH YARMOUTH, MA 02664 11 SHADY REST DRIVE Assessors Map 98, Lot 11 SOUTH YARMOUTH, MA 02664 Andy Pkachado, Director of Assessing 98/ 7/ / 1 98/ 191 / / KENNEY STEPHEN M HEIDEN NANCY M 87 NIGHTINGALE DR 17 SHADY REST DR SOUTH YARMOUTH, MA 02664-1827 SOUTH YARMOUTH, MA 02664-1830 98/ 8/ 1 I 98/ 201 I I GRISI FRANK A FLETCHER CHRISTINA L GRISI LONA L 23 SHADY REST DR 12 COURTYARD PLACE SOUTH YARMOUTH, MA 02664 LEXINGTON, MA 02420 981 91 / I 98/ 21/ l I BENT JOELLYN J DOYLE LORRAINE C/O JOELLYN J AHERN 90 NIGHTINGALE DR 52 BEACON ST SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH, MA 02664 981 101 I 1 98/ 221 / I BLUESTEIN ALAN FORSKIN JEROME BLUESTEIN STACI FORSKIN NICOLE 3231 OLEANDER WAY 86 NIGHTINGALE DR POMPANO BEACH , FL 33062 SOUTH YARMOUTH, MA 02664 98/ 111 I I 981 231 I I BAKER JAMES W JR RODRIGUES MARY G 62 BEACON ST 80 NIGHTINGALE DR SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH, MA 02664-1829 98/ 12/ / I 98/ 881 / 1 CIPRO LINDA C LUFF JEFFRtY P TR 68 BEACON ST CTL 2 REAL ESTATE TRUST SOUTH YARMOUTH, MA 02664 PO BOX 181 CUMMAQUID , MA 02637 T T wla5p3 do-dod asodxa jaded paaj ®0965 a;eldwal ®tiaAd asD ®0915 ® fib aI o; null 6uole puagl slegel mieed Ase3 Bk 31896 P:U22 _ti X1.1. C�'=tiff4 TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: February 26, 2019 PETITION NO: #4788 HEARING DATE: February 14, 2019 PETITIONER: James W. Baker, Jr. PROPERTY: 62 Beacon Street South Yarmouth, MA 02664 = .2Frat 2:4,7 1 1. MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman, Sean Igoe, Dick Martin, 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 Petitioner, James Baker, appeared on his own behalf. The Petitioner seeks to expand his existing dwelling located at 62 Beacon Street, South Yarmouth, MA, property located in an R40 Zoning District. The expansion will cause the footprint of the building to move further into the front yard setback and the sideline setback on the westerly portion of the lot. It will consist of a porch to be added on their front yard setback which will be, if constructed, 24.7 feet from the front yard line. On the sideline, the addition of a proposed garage space will result in a sideline distance of 18.9 feet from the abutting lot. ' The Board expressed that its usual response to a request for greater encroachment into the front yard setback is generally denied. It was noted, however, that in this case the visual enhancement of the property would be a benefit to both the character of the neighborhood and Town as it now exists and will exist in the future. The direct abutter most affected by the garage addition, Ms. Linda Cipro, wrote a compelling letter indicating that she had no opposition. The same is true of other interested parties inclusive of Mr. Stephen Kenny and Ms. Jessica Blake. The Board considered that not only will the proposed additions cause the property to be more functional, it will also improve the aesthetics of the current structure. The Board found no undue nuisance, hazard or congestion would occur as a result of the grant of a Special Permit nor with the character of the neighborhood or Town, both at present and in the fiAwe be adversely affected nor would any substantial hardship result. The Board members were consistent in recognizing that the grant of relief on front yard setback was unique to the circumstance of this project and, because of the visual enhancement that will result, is not contrary to the Board's usual reluctance to grant front yard setback relief. As the Board concluded that the relief could be granted by Special Permit and due to the Petitioner's request for relief in the alternate of Special Permit/Variance, a Motion was made by Mr. Martin, seconded by Mr. Baron to grant the Special Permit sought by the Petitioner on the condition that the Variance request would be withdrawn without prejudice, a condition that the Petitioner readily accepted. Upon this Motion and on the stated condition, the vote of the Board was unanimous 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 noticeldecision 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, Nfinnan 2 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Appeal #4788 Date: March 19, 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: James W. Baker, Jr. 62 Beason Street South Yarmouth, MA 02664 Affecting the rights of the owner with respect to land or buildings at: 62 Beacon Street, South Yarmouth, MA Zoning District: R40; Map & Lot#: 0098.11; Book/Page: 30507/17 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 DeYoung, hairman TOWN OF YARMOUTH Town 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk Telephone (508) 398-2231 Ext 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK L 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 #4788 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. RARNSTABLE REGISTRY OF DEEDS john F. Meade, Register 18.91 N 0 o 0 i f �VIVA Or a1gS ROBIN o WILLIAM WILCO X b No. 31,341 ��ci' cC�STE�i 33. RO,3!N�� WILLIAM WIL:,: X No m 62 LOT 100 12, 600.0 f S.F. DW NG 1500 GS T. 0 0 o 000 DNG 21.8' TO THE BEST OF MY INFORMATION, "EXISTING" PLOT PLAN KNOWLEDGE, AND BELIEF THE SOUTH YARMOUTH, MASS. STRUCTURES SHOWN ON THIS PLAN LOT 100, PL. BK. 187/31 HAS BEEN LOCATED ON THE GROUND DATE 5Z12Z18 SCALE 1" = 20' AS INDICATE JOB 8024-00 CLIENT BAKER 7110118 /10/18 SWEETSER ENGINEERING 203 SETUCKET ROAD DATE PROFESSIONAL LAND SURVEYOR PO BOX 713 SOUTH DENMS, MA 02660 OFF. 508-355-6900 FAX 508-365-6991 U: I s8 1 PROJ 1 8024-00 1 dwg 18024 -CPP. DWG 0 2018 SWEEISER ENGINEERING 18.61 JJ chp- krJBi„i: W'tLL 1:11 Ir bFL 0O . Pto.31341 L LAHU s� GARAGE • • 62 TO THE BEST OF MY INFORMATION, KNOWLEDGE, AND BELIEF THE STRUCTURES SHOWN ON THIS PLAN HAS BEEN LOCATED ON THE GROUND AS INDICATED. 5/20/202G'✓ DATE 'PROFESSIONAL LAND SURVEYOR LOT 100 12,600.0 f SF. EXISTING 1500 G.S. T. 105.00 A BECOS S TREET N 10 21.8. "AS -BUILT” PLOT PLAN SOUTH YARMOUTH, MASS. LOT 100, PL. BK. 187/31 DATE 5Z20Z2020 SCALE l" = 20' JOB 8024-00 CLIENT BAKER SWEETSER ENGINEERING 203 SETUCKET ROAD PO BOX 713 SOUTH DENMS. MA 02660 F. 508-385-6900 FAX 508-385-6991 C: I YY I DRUJ i 8UZ4-UU I dwg 18024-CPP2. DWG 0 2020 SWEETSER ENGINEERING a. 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