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Home My WebLink About236 So Sea Avenue of•Y9k,L_ YARMOUTH 0W1 CLERK .'$ o: TOWN OF YARMOUTH C; BOARD OF APPEALS ..,;," , C•SE 4''1 APPLICATION FOR HEARING Appeal#: 'jleQa Hearing Date: , Fee$ /1 . b Owner-Applicant: JOHN W. LOBUE and LAURIE J. LOBUE 1869 Beacon St, Ul, Brookline, MA 02445 (508) 362-7799 (Atty) ptardif(atardiflaw.com (Address) (Telephone Number) (Email Address) and is the (check one) XX Owner ❑ Tenant 0 Prospective Buyer ❑ Other Interested Party Property: This application relates to the property located at: 236 South Sea Ave, West Yarmouth and shown on the Assessor's Map 17 as Parcel 168, Zoning District: R-25 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"): Addition to a pre-existing non- conforming one-car garage to allow for the creation of a two car garage, the increase to be located in a side and rear setback. RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: 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) XX SPECIAL PERMIT under §104.3.2* of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 Al and Q3.(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: 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: *or for any additional relief to which the Board deems is appropriate. FACT SHEET Current Owner of Property as listed on the deed (if other than applicant): Same as applicank Title deed reference: Book 21101, Page 257 Use Classification: Existing: Single Fainil-V and Accessory Garage §202.5 # Al and 03 Proposed: Single Familv and Accessory Garage §202.5 # At and Q3 Is the property vacant: No Lot Information Size/Area: 12,914 slf Plan Book 182 Page 139 Is this property within the Aquifer Protection Overlay District? Yes No XX Have you completed a formal commercial site plan review (if needed)? Yes No XX 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: Building Repetitive Petition: Is this a re -application: No 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. None Comments: licant's\�Vtorn* Signature Paul R. Tardif, EsgJ Address. 490 Main Street Yarmouth Port, MA 02675 Phone: (508) 362-7799 E-Mail: ptardif@tardiflaw.com Signature, ty Paul R. Tardif, Esq. O T (KKU Ia7 n eed AN O T A N F F I C P Y O P Y We, STEVEN L. ROBERTS and SUSAN 0. ROBERTS, Trustees under Declaration of Trust entitled ROBERTS AL RTU T, dated August 15, 2 recorded with the Barnstable A N A N County Registry of De s FA 13o(pkdS 3 Page 167, bot ofF2J6 $oldh ISeA ALvenue, West THOt,ISAND and Oa/1o0 {$399,o0a.00) DOLLARS PAID, grant to JOHN W. LoBUE and LAURIE J. LoBUE, husband and wife, tenants by the entirety, both of 1869 Beacon Street, Unit 1, Brookline, Massachusetts 02445, i��tlt gz�rltcl�-rnr c��eylmr�x the land together with the buildings thereon, situated in Yarmouth (West), Barnstable County, Massachusetts, bounded and described as follows: WESTERLY by South Sea Avenue, as shown on plan hereinafter mentioned, one hundred fourteen and 79/100 (114.79) feet; NORTHEASTERLY by land now or formerly of Evelyn S. Wallis, as shown on said plan, one hundred twelve and 30/100 (112.30) feet; EASTERLY by LOT 1, as shown on said plan, one hundred twenty and Oa/100 { i 20.00) feet; and SOfJTHVVESTERLY by LOT 3, as shovv�� on said plan, one hundred thirteen and 4b/100 { 113.46) feet. Containing 12,914 square feet mare or less. Being shown as L� on a Plan of Land entitled "Subdivision Plan of Sea Gull Beach Estates in West Yarmouth, Mass. for Long Pond Estates, Inc. Scale 1" u 40', Ju1y 11, 19G3, Gerald A. Mercer & Co., Inc. Civil Engineers South Yarmouth, Mass.", which said plan is recorded in the Barnstable County Registry of Reeds in Plan Book 182, Page 139, PROPERTY LOCATION: 236 South Sea Avenue, Yarmouth (West), Massachusetts. For title, see deed dated August 15, 2002, recorded with the Barnstable County Registry of Deeds in Book 15535, Page 174. DEEDS �iau�HGHu*ETT* STATE E?�GISE TAX BARhISTaSLE COUNTY EG1STRY OF C� 1v: 1490 aQc'V** 37824 30330 .gyp AdA9193d �,IN063 11'�t 1S�d�l d C1 riness our hands and seah%tht5 14... day of June, 2006. N ® T A N A N F i C i A L Roberts'j pal y ru t C 0 P Y C 0 P Y G��rrmdslrr1e�-lllr ��f�ssa-ch�s�tt� Barnstable, ss. Ckj June 14, 2006 Before me, the undersigned notary public, personally appeared Steven L, Robel-ts and Susan (�. Roberts, Trustees of the Roberts Realty Trust, who proved to me through satisfactory evidence of identification, consisting of MA driver's license, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily, individually and in their capacities as Trustees of the Roberts Realty Trust, as aforesaid, far its stated purpose. Notary Publics- ' My Coznmissio11 Expires: � A A ��ns �-�� '�z�� o -r � o -r �� ' c e.� e�`rfrcr�tc � � � c � � � c � v c � v �%e, SteveX� L, oberts and Susan O. Robes, Trustees of the P.oberts salty Trust, under a Declaration of `I'rz�st dated Au st 5;r200, anal recorded with CouX�ty egisiry of Deeds in Book 153, Page 1 �7 (hereafter�th "Trust"), hereby certify as fol w : � ' � � i � _. • � � • 2. Frarn its inception on .August 15, 2002, Until the present time, the Roberts Realty Trust has not been altered, amended, or repealed and remains in full force and effect as of the date of this certification. 3. Conveyance of the premises located at 236 South Sea Avenue, 'West Yarmouth, Massachusetts, being shown. as LOT 2 on a Plan of Land entitled "Subdivision Plan of Sea Gull Beach Estates in �t7est Yarmouth, Mass. for Long Pond Estates, Inc, Scale 1" = 40', July 11, 1963, Gerald A. Mercer & Co., Inc. Civil Engineers South Yarmouth, Mass.", which said plan is recorded in the Barnstable County Registry of Deeds in Plan Book 182, Page 139, from said Trust to John �. Logue and Laurie J. LoBue, husband and wife, tenants by the entirety, by deed recorded herewith, has been unanimously approved by the beneficiaries of said Trust. Signed under the pains and penalties of perjury this 14th day of June, 20Q6. Roberts Realty Trust By: By: Steven L. Robe1-ts, Trustee . usan O. Roberts, G�e�rmr�n�ea-lih �f �f�ss�c�tuse�ts Barnstable, ss. stee June 14, 2006 Before nee, the undersigned notary public, personally appeared Steven L. Roberts and Susan O. Roberts, Trustees of the Roberts Realty Trust, who proved to me through satisfactory evidence of identification, consisting of MA driver's license, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily, individually and in their capacities as T�•t�stees of the Roberts Realty Trust, as aforesaid, for its stated purpose. Notary Public t3FFIGEAL SEAS. AMY J. AL�3�N NQi'ARY PUBLIC •- MASSACHUSETTS ABUTTERS LIST Petition#ig Name J tj,7) Filing Date:(3- / Hearing Date: Property Location: `/ ` , 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 .56c, which is the current cost for the two required mailings. Add that to the application fee and include y our check with the application. Map Lot Number Map Lot Number Number Number Applicant # / 7 /4 Abutters #'s ,4)797?-fc-/2e 2 Labels-1 Hard Copy Assessors Field Card with photo Andy Machado, Director of Assessing SCHEDULE OF BOARD OF APPEALS MEETINGS FOR 2020 (subject to change) 281 1581 1 1 201 321 1 1 281 155! ! 1 TOWN OF YARMOUTH WILLIAMS BURTON TRS BOSS MARILYN OTIS CONSERVATION SOULIOTIS T PAUL 25 HIGHLAND ST 1146 ROUTE 28 PO BOX 434 WEST YARMOUTH, MA 02673 SOUTH YARMOUTH, MA 02664-4463 CAMILLUS , NY 13031 201 451 1 1 201 331 1 1 281 1541 1 1 COOPER ANNICK S WILLIAMS BURTON L TRS BRAGINTON SMITH DOROTHY TR P O BOX 1268 SOULIOTIS T PAUL TRS M R REALTY TRUST HYANNIS , MA 02601 6 VERNON ST 19 HIGHLAND ST WEST YARMOUTH, MA 02673 WEST YARMOUTH, MA 02673 281 1611 1 1 201 431 1 ! 281 1531 1 1 FACCHINI ANTHONY P SHAH HELEN S TR BRAGINTON SMITH DOROTHY TR FACCHINI D R & FACCHINI R A JR HELEN S SHAH REVOCABLE LIVING TR M R REALTY TRUST 31 GREEN LN 2 HIGHLAND STREET 19 HIGHLAND ST SPRINGFIELD , MA 01107 WEST YARMOUTH, MA 02673 WEST YARMOUTH, MA 02673 281 1221 1 1 201 421 1 1 201 47.11 1 1 TOWN OF YARMOUTH COOPER ANNICK S INDRESANO JOSEPH 1146 ROUTE 28 PO BOX 1268 INDRESANO ANGELA SOUTH YARMOUTH, MA 02664-4463 HYANNIS , MA 02601 16 ROUNDWOOD RD NATICK , MA 01760-2131 281 1211 1 1 201 411 1 1 201 461 1 1 TESSMER BARBARA S COOPER ANNICK S SHANNAHAN JUSTIN D 9 HALES HOLW PEABODY A DOUGLAS 11 HIGHLAND ST DOVER , MA 02030-2418 P O BOX 1268 WEST YARMOUTH, MA 02673 HYANNIS , MA 02601 201 571 1 1 281 1201 1 1 20! 441 1 1 TOWN OF YARMOUTH LENZI MICHAEL J SR TRS CRONIN KATHLEEN P 1146 ROUTE 28 LENZI SANDRA M TRS CRONIN MATTHEW J SOUTH YARMOUTH, MA 02664-0463 7 BRIANNA WAY 15 SETTLERS PATH DRACUT , MA 01826-1376 SANDWICH, MA 02563 201 40! ! 1 28! 1191 1 ! 20! 501 1 1 LEAHY MARTHA A TRS BLEAU ALFRED A TRS EVANS PEYTON TR LEAHY FAMILY TRUST BAYVIEW REALTY TRUST PEYTON EVANS REV TRUST 5 TAFT ST 28 PEACH TREE LN PO BOX 1711 NASHUA , NH 03060 MARSTONS MILLS, MA 02648-1841 KEY WEST , FL 33041 201 371 1 1 281 1181 1 1 201 511 1 1 BOLTON KAREN M SILVA JULIE DELANEY WILLIAM J TRS 8 GROVE ST REALTY TRST 22 BATES RD UNIT 275 DELANEY DIANE J TRS 88 NORTHERN BLVD MASHPEE , MA 02649 50 HIGH ST NEWBURY , MA 01951 STONEHAM , MA 02180 201 39.11 1 1 281 1171 1 1 20! 351 1 ! LENZI MICHAEL J TRS MATTES RONALD J (LIFE EST) QUINLAN DONALD F TRS LENZI SANDRA M TRS 34 HIGHLAND ST QUINLAN PATRICIA TRS 7 BRIANNA WAY WEST YARMOUTH, MA 02673 11 GROVE ST DRACUT , MA 01826 WEST YARMOUTH, MA 02673 201 701 1 1 281 1571 1 1 281 1301 1 ! BARNETT JOHN S TRS CAFAZZO JOHN E QUINLAN DONALD F TR BARNETT BONNIE M TRS CAFAZZO TERRI L QUINLAN PATRICIA A TR 135-F COUNTRY CENTER DR 30 JUNIPER CIR, 11 GROVE ST PAGOSA SPRINGS, CO 81147-8958 READING, MA 01867 WEST YARMOUTH, MA 02673 281 1291 I 1 CIOFFI PAUL CIOFFI FRANCES 75 PEACH ORCHARD RD BURLINGTON , MA 01803 201 591 1 1 DELMORE JOHN W 20 GROVE ST WEST YARMOUTH , MA 02673 201 581 1 1 LUTTAZI SHIELA O TR (LIFE ESTATE SHIELA O LUTTAZI LIVING TRUST 18 PARK AVE WEST YARMOUTH , MA 02673 281 127.11 1 1 GAYLORD THOMAS A JR GAYLORD STACY J 10 AUTUMN LN NORWELL , MA 02061-2503 201 621 1 1 PECKHAM RICHARD W 28 PARK AVE FRNT WEST YARMOUTH , MA 02673 201 611 1 1 LUTTAZI CRISTIN F ROSENTHAL DANIEL R 22 PARK AVE WEST YARMOUTH , MA 02673 201 601 1 1 LUTTAZI CRISTIN 22 PARK AVE WEST YARMOUTH , MA 02673 201 361 1 1 GRAVELINE ANDREA TR GROVE STREET NOM TRUST PO BOX 398 HOPKINTON , MA 01748 281 58.1.11 1 1 CAPE COD HOSPITAL 25 COMMUNICATION WAY HYANNIS , MA 02601 Please use this signature to certify this list of properties abutting within 300' of the parcel located at: 8 Grove St., West Yarmouth, MA 02673 Assessors Map 20, Lot 37 Andy Wchado, Director of Assessing r �3 nx n@" i as IS 2020 • • m • (as is 2020) 1 • }s � � 4;~•n i ` ,; a, � �{�'�'h}kt � :<,. a � s4 ~;J, at ffi �� ul. '. i f � :s ;.r ,� nk i itIf lvvvv 1< §`tirai t o uii t I t 1 `& Iff 1} a fi ` P, .may 1,t Hai.,, �.3.. �lfiit�fi;4 t=; �,:�,. a, a\t;�ftd iY 1 atA�ar r b' ;�, t ..:da*§F f1 444 ,�1Itt �?� zt. , If ii}`�fa t * t r r� fi�c,}v �tif..... .,.. . .�. C�2��af��,,, ti�.ala' t�;z, �, �� ata�. �� Y� �, a,s�,�,,�f��i��i,�,�� l a �lll' ,A lt2l ftk > t ig„r. tt rtt.�< , t i' ,',� 4 �1 't t 1 to 3 r 1,�, tia �"}� � t,<`3 u}di thY'..4`�}£ lei`'. .�.�k 16R 4a 81v`•tit.u'a.< i z'#`8 d�{u,f;:, t�, ,A"I�.'tin�,(a "�'v��` iLl r*a.}r§2 tt, a .< t �� ftt , t ^'`t{ tr., �� a�,. ��' a ¢ 'ftr..�f ��,, itt a}`�; _ to } 4 4za+itnlit}`2�'gt'>k'fi ,t�i ?n;;r,'�a'a: {}4,iaj !; g { ,.zr,:i,` t fi Z t�` <<.,,Il 'aj a€ aI i'� r� s 6" t ,,, ' �:.. a z {ti a t a }� a14 n a t u e" t it a rit i �t tr e l§'., A§aa , ,+ 4 3Ys{ �:�t South199 Sea Ave �r 7 , � ea i, Nov 2020 1 have been contacted by Mr. John Logue, 236 South Sea Ave, regarding adding a small modification onto his garage. Since his property abuts mine, he asked me if I had any concern with him doing so. I have no issues associated -with the anticipated addition what so ever. Also, I'd like to add that Mr. Logue tales impeccable care of his estate and I'm quite certain that the modification, if approved, will be well executed. As his next door neighbor, it's my considered opinion that the modification will not cause any undue impacts or harm to the character of the neighborhood, or to adjacent properties. A few years ago he accomplished a small mud -room with brick walk -ways etc, which markedly improved his property. The neighbors who routinely walk past our homes on the way to & from the beach have commented to me, and I fully agree, that the improvements he's made have helped to upscale the neighborhood. So for this effort I'd anticipate nothing less, as he's already demonstrated pride in ownership, good property stewardship, and respect for the community. Sincerely, f David Standring a To whom it may Concern, am writing in favor of my neighbor aohn Logue: expanding his garage. John's an excellent neighbor who has always- been friendly and helpful. His house is noticeably well. kept and he continues to improve the property all the time. I reviewed the sketches showing the minor modification to his garage he's proposing, and as a construction contractor, I'm quite certain that there will be no visual impact nor will it degrade the character of the neighborhood in anyway, I am most certain he would complete this project with great care and a very keen eye to detail. Sincerely, 1 Stefan Keniston RECEIVED VIA E-MAIL Town of Yarmouth Planning Board 1146 Route 28 South Yarmouth MA 02664 To the Town of Yarmouth Planning Board 12 March 2021 I am writing to provide support to John and Laurie Logue for their proposed garage expansion project at 236 South Sea Ave. Unfortunately, my husband and I will not be available via internet or in -person on the Planning Board's scheduled date of March 25cn My husband and I have owned property in Yarmouth since 1997 and have become full time residents since 2008. My involvement with Town committees and the Chamber has increased my awareness for the importance of well -maintained properties and its impact on tourist attraction to the Town. The way to Seagull Beach continues to be a high visibility route. I have known John for almost 20 years, having worked with him at Hanscom Air Force Base. After retirement, we reconnected when he and Laurie purchased their summer home in Yarmouth. John and Laurie have owned this property in Yarmouth for 14 years. They are meticulous with structure and environmental upkeep, offering a positive reflection and added increase to property values in the neighborhood as well as a positive visual for Seagull Beach goers!! We have admired the enhancements to their property over the years, to include walkways and landscaping as well as updates to interior and exterior facade. The property is demarcated with a well -maintained stockade fence, protecting any impacts to the abutting neighbors. Their proposed plan to increase the size of their garage by 5' 8" will offer to them added storage to be able to now park two vehicles out of site. At the same time, the design will clearly blend into and offer only positive impacts to the neighborhood. Their plan replicates the garage design at 199 South Sea Ave, also offering a visual appeal to their property. I ask the planning board to consider the approval for a Special Permit offering the expansion from an oversized one -car garage to a two -car garage. Respectfully Linda Jean 72 Gleason Ave West Yarmouth MA 02673 cc Paul Tardif, Esq LOCUS DATA CURRENT OWNER LAURIE J. & JOHN W. LoBUE PLAN REFERENCE 182-139 DEED REFERENCE 21101-257 ZONING DISTRICT R-25 FLOOD ZONE ASSESSORS MAP PARCEL EX. BLD. COV. PROP. BLD. COV. AE 17 168 2,452f S.F.=18.9% 2,612f S.F.=20.3% CERTIFIED PLOT PLAN WITH NEW GARAGE EXTENSION #2`36 SOUTH SEMI A VENUE IN W. YARMOUTH, MASS DATE: JANUARY 29, 2021 OWNER/APPLICANT: JOHN & LAURIE LoBUE 236 SOUTH SEA AVENUE W. YARMOUTH, MA 02673 617-529-9676 PREPARED BY: EAS SURVEY, INC. P.O. BOX 1729 SANDWICH, MA 02563 CELL (508) 527-3600 EAS. SU R VEY@YAH 00. COM RECORD BOUND FOUND & HELD / L / \ / /. /-;k! L O PO /E 3 i i L N 6S.>> Sp w 1�2 30 LOT 2 12,914t S.F. o #236 / EXISTING / DWELLING — DECK 62e F Op FiyCF F 8.8' LOT 3 '3J,. 3.2 INDICATED PROPOSED SETBACKS' PROPOSED 5.7'—/ x 28.3' GARAGE EXTENSION. 709 25.3' SEPTIC Y SYSTEM SHED W a I 1 ' ' ! ' I Z o ' N 0 N O PATIO GARAGE 2' 18.5' 7.7' LOT 1 28 w w N Q c w � = WALLACE PATH a LOCUS 0 SEAGULL BEACH RD. LOCUS MAP NOT TO SCALE: �j"OF EDWARD A STONE N o.28980 1 ,29, I 21— 0103 0 20 30 40 LOT 4 %A GRAPHIC SCALE: 1 INCH = 20 FEET