HomeMy WebLinkAboutPetition 4903 •o1.YRS -`
.� p TOWN OF YARMOUTH
!' BOARD OF APPEALS
Hi
\re '•-1 5ks 44. APPLICATION FOR HEARING
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Appeal#: 4903 Hearing Date: 7 / Fees/moo, 6
Owner-Applicant: L/a1/41 DA- L• P 57vd0
(Full Names- including d/b/a)
llo &,14tsdiin&‘ Rd.1 c'.Wa4 r1 mm 14A, AI& O U 4 y 50tilubv-k-- 0
(Address) (Telephone Number) (Email Address)
and is the (check one) "Owner 0 Tenant 0 Prospective Buyer 0 Other Interested Party
Property: This application relates to the property located at: /(, 64,/,/,c6,r fit Rd.
and shown on the Assessor's Map#: 6 7 as Parcel#: „/
Zoning District: /2-410 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 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"):
RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals:
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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.
rl -) (SCIAL PERMIT underis - 2lftheYaouth Zoning By-law and/or forI4( a usrized upon Special Permit in the "Use e lation Schedule" §202.5 (use
space below if needed)
3) X-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: r-`7 3'Cs Relief sought: '117 ti- 5*---;Ir'r /Le4-4 k-r
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:
/0
rYART
• 2 p; OWN OF YARMOUTH
�
BOARD OF APPEALS
\N -1 , 4.: APPLICATION FOR HEARING
- °gror�rto� Gid:
Appeal#: ¢QHearing Date: 7 / Fee$�v0, 6/)
Owner-Applicant: C./Oki P L. 64-510,0
(Full Names-including d/b/a)
644A4sellio c yaiw 034 I/1A 61-14(/ 6oti
(Address) (Telephone Number) (Email Address)
and is the (check one) VOwner 0 Tenant 0 Prospective Buyer 0 Other Interested Party
Property: This application relates to the property located at: /(, (us, I Az' Rd.
and shown on the Assessor's Map#: 9 as Parcel#: „„S/
Zoning District: 12-C/0 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 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"):
RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals:
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dA't.. 5 /Oc. C.o r L I s"
c�"") A , a� -f•-')‹.rl>�l� / A',N L o T-
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) 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) 14-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: GI D k- 5 -;(" K.-- u C�
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):
PR. 57/) letP,4 iJ c,7, 4/111/ ,la15ZJ.66
Name &Address
Title deed reference: Book& Page# 4/325/ HO or Certificate#
Land Court Lot# ' '
`� Plan# (provide copy of recent deed)
Use Classification: Existing: S✓/7eLg Mftitei at,a6o6.§202.5 # 4-I
Proposed: it §202.5 #
Is the property vacant: IVO If so, how long?:
Lot Information Size/Area: K Vt lan Book and Page / Lot#
s3 a,CA.4
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/
have/ or will review this project, and indicate the status of their review process:
Repetitive Petition: Is this a re-application: p'W 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. Include a copy of the decision(s)with this application:
Building Commissioner Comments:
Ar//, ----F
Applicant's/Attorney/Agent Signature • e'' Signature
Address: lb Sem ' s R(_
07461
Phone SO f 3 G yr- 4241S-
E-Mail:
2b SE-Mail: sou iu9I,k CW lli /
Buildin_��t'q sioner Signature Date
—
Bk 23251 P9196 056753
11-04-2008 0 03=390
DEED
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR
DOWNEY 2005-AR1
For Consideration of Three Hundred Thirty Five Thousand Dollars($335,000.00)paid
I grant to LINDA PRESTON and THELMA PRESTON,of 288 Main Street,
N Dennisport,MA 02639,as Joint Tenants
0
< With QUITCLAIM Covenants
The land with the buildings thereon situated in Yarmouth(South),Barnstable County,
o
Massachusetts,bounded and described as follows:
Commencing at a point on the Westerly side line of Station Avenue
• Thence Southeasterly by Station Avenue,121.28 feet to a point;
0
cn Thence Southwesterly by Lot 5 as shown on a plan hereinafter mentioned 111.27 feet;
I Thence Northwesterly by a 40'way,64.62 feet;
cx° Thence by an arc,83.52 feet with a radius of 60.37 to a point;
a Thence Northeasterly 48.98 feet;
a Thence by an arc,47.35 feet with a radius of 25.00 to the point of beginning.
,
a• Containing an area of 16,310 square feet of land,more or less and being shown as Lot
cn No.4 on a plan of Sunset Pines in South Yarmouth,Mass.owned by Susan M.Pratt
Scale 1"equals 40'May 10,1956 Newell B.Snow Eng'r and duly recorded in Barnstable
cCounty Registry of Deeds in Plan Book 130,Page 7.
5.
✓ The above-described property is subject to and has the benefit of all rights,restrictions,
A reservations,easements and rights of way of record,insofar as the same are still in force
f. and applicable.
0
a For Title please see Book 22020 Page 164.
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WITNESS my hand and seal thisb day of October,2008.
Deutsche Bank 11all 0tial Trus! Comrany
By it's Attorney-in-fact as Trus k r
CentralMort.age o. '
a
y:Lou Ann Howard,Vice President
CENTRAL MORTGAGE CO
ATTORNEY IN FACT
LOU ANN HOWARD
�-y� qq SR VICE PRESIDENT
State of O t l'nn
County:4L1..CQ u ,ss
On this day of October, 2008, before me, the undersigned notary public,
personally appeared Lou Ann Howard,Vice President,proved to me through satisfactory
evidence of identification,which was a y jlni fY'1 ,to be the person whose name is
signed on the attached document,and acknowledged to me that she signed it voluntarily
for its stated purpose.
1 -
�y��n�., 11,, .A.I 1 , id!_ 1111 ' •I
,Jauun/pbii„ i l u�%1lQ13 .k1 is Notary,v bwc
�pY ommission Expires:
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GC'gSKI O°
BARNSTABLE REGISTRY OF DEEDS
YARMOUTH BOARD OF APPEALS
ABUTTERS LIST
Petition# -eg0.3 Name LiiJiw fes7-0
Filing Date: _ '/ Hearing Date: 0 O8-d2 /
Property Location: (p r,�—/i IZerke4 eitivatJe /hw . e76406w
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 your
check with the application.
Map Lot Number Map Lot Number
Number Number
Applicant# 6,4/
Abutters #'s
2 Labels-1 Hard Copy
Assessors Field Card with photo Andy Machado, Director of Assessing
Page 2 of 2
/9/20///
105 STATION AVE
Owner:
GRIMES ROBERT W
105 STATION AVE
SOUTH YARMOUTH,MA 02664
j69/19///
SUNSET PINES RD
Owner:
PRESTON LINDA
288 MAIN ST
DENNIS,MA 02639
/Location:
69/22///
STATION AVE
Owner:
TOWN OF YARMOUTH
1146 ROUTE 28
/SOUTH YARMOUTH,MA 02664-1463
/Location:
69/173///
91 STATION AVE
Owner:
THOMAS,JOHN A
THOMAS,BARBARA J
11 PLAINFIELD AVE
/SHREWSBURY,MA 01545-5713
/Location:
. 69/108///
STATION AVE(OFFI
Owner:
ROMN CATH BISHOP OF FALL RIVER
C/O ST PIUS X PARISH
CLARA ST
SOUTH YARMOUTH,MA 02664
http://gis.vgsi.com/YarmouthMA/AbuttersLi st.aspx?gisid=9980&abutids='9982','9978','9967','9969... 9/6/2012
1-1q63- Pasio11 T1312-1
Y 79/ 113/ / / 69/ 22/ / /
DENNIS YARMOUTH REG SCHOOL TOWN OF YARMOUTH
296 STATION AVE 1146 ROUTE 28
SOUTH YARMOUTH,MA 02664-3000 SOUTH YARMOUTH,MA 02664-4463
69/ 1061 I I 69/ 173/ I I
COLGAN BETTY M OLOUGHLIN MARYELLEN
122 STATION AVE OLOUGHLIN RYAN ry/�'0�1'
SOUTH YARMOUTH,MA 02664-3012 11 MOUNTAIN VIEW RD ''
SHREWSBURY,MA 01545
69/ 15/ / / 69/ 108/ / /
TOWN OF YARMOUTH ROMAN CATH BISHOP OF FALL RIVER
PARK DEPT WINGS GROVE PARK CIO ST PIUS X PARISH
1146 ROUTE 28 PO BOX 2577
SOUTH YARMOUTH,MA 02664-4463 FALL RIVER,MA 02722
69/ 18/ / /
NEVULIS MICHAEL J
NEVULIS LORRAINE M Please use this signature to certify this list of properties
SOUTH SUNSET YARMPINESOUTH
, abuttingwithin 300'of the parcel located at:
YARMOUTH,MA 02664
16 Sunset Pines Rd.,South Yarmouth,MA 02664
69/ 17/ / / Assessors Map 69,Lot 21
NEVULIS LORRAINE M Cc(2/1, .63
15 SUNSET PINES RD
SOUTH YARMOUTH,MA 02664 Andy Machado,Director of Assessing
69/ 16/ I /
STAFFORD JOHN R
STAFFORD CONSTANCE
13 BEVERLY ST
OXFORD,MA 01540-1203
69/ 21/ / /
PRESTON LINDA TR
LINDA PRESTON TRUST
16 SUNSET PINES RD
SOUTH YARMOUTH,MA 02664
69/ 20/ / /
GRIMES ROBERT W
105 STATION AVE
SOUTH YARMOUTH,MA 02664
69/ 19/ / /
PRESTON LINDA
16 SUNSET PINES RD
SOUTH YARMOUTH,MA 02664
69/ 174/ I /
SOZANSKI STEVEN M
SOZANSKI DIANE M
138 INDIAN MEMORIAL DR
SOUTH YARMOUTH,MA 02664-4212
•
•• Bk 26798. P9215 862596
' 10-26-2012 Q 10=55a .
•
CAC•
a • TOWN OF YARMOUTH
3 � y BOARD OF APPEALS • - •
• o;` "" tZ' DECISION q }{OUTHTO?IfiCLERK
� _ .
•
'12UCT5Pk4:Z?1ZC
. .. FILED WITH TOWN CLERK: • .October 5,2012
•
PETITION NO: #4412
•
HEARING DATE: September 27,2012 •
•
Phi.1TIONER: Linda Preston •
•
PROPERTY: 16 Sunset Pines Road,South Yarmouth,MA
Map&Parcel:0069.21;Zoning District: R-40 •
Book&Page:23251/196
•
•
MEMBERS PRESENT AND VOTING: Steven DeVoung,Chairman,Joseph Sarnosky, '
Sean Igoe,Debra Martin,Bryant Palmer and John Richards(Non-voting Alternate).
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 publiabing in The •
Register,the hearing opened and held on the¢ate stated above.
•
The Petitioner is Linda Preston who seeks a Special Permit under Zoning By-law§1032 for relief
under§202.5(08)and as provided for by footnote 12: Petitioner's property is located at 16 Sunset
Pines Road,South Yarmouth,MA,propertyin an'R-40 Zoning District. She seeks permission to
operate a massage therapy,energy healing,counseling and meditation service at the property location f
which will be owner occupied.
•
The Petitioner presented eloquent correspondence explaining her request and supported by five(5)
pages of photos,etc.This was marked as Exhibit 1.No other exhibits were received.
In addition,the Board bad previously received various e-mails(Building Inspector,Board of Health),
together with correspondence from Rob Grimes and Ralph Mendoza of 105 Station Avenue and •
Constance Stafford of 139 Indian Memorial Drive,both in support of the Petition.
The Petitioner spoke,as did Mr.Ralph Mendoza.No one spoke in opposition to the Petition.
The Petitioner explained that her business activity would be limited to her own,direct efforts and
.confined to the ground floor interior room as shown on her diagram of the floor plan of the residence.
While not a requirenient of this decision,the Petitioner is reminded that she is required to have a State
. ' Massage License,a Massage Business License and approval of the Yarmouth Board of Health and a•
Use and Occupancy determination from the Yarmouth Bnilding Inspector.
• • •
' J'
•
Bk 26798 Pg 216 #62596
•
•
•
' The Board generally concurred with the Petitioner that the use was low impact and not tritely to even
be noticed by the neighbors. The site offered ample parking,particularly in light of the conditions of • .
the grant It was noted and so found that:the Petitioner adequately demonstrated that no undue
nuisance hazard or congestion will be created by the grant of the relief sought nor would any •
substantial harm to the established or future character of the neighborhood or Town occur.
•
Accordingly,on Motion made by Ms.Martin,seconded by Mr.Palmer,it was unanimously voted to
•approve the Petition for Special Permit upon the following conditions: '
1) Business use and activity be limited to the first floor
of the residence only,
2) That there be no business activity •
. conducted in the exterior of the residence; • •
3) That the Petitioner be the only one to conduct •
business at the site and there be no other employees •
of the business at this site; • •
.•4) That Petitioner stagger appointments so as to avoid
having two clients vehicles at the site at any one time.
• 5) That the Petition be reviewed within one year of its inception
at this location so as to assure that the Petitioner has
complied with these conditions and that the business has not
. bad an adverse effect upon the neighborhood.
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 mast 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) -
•
•
SteveneS Young,Chuen. •
• • •
•
•
•
•
•
•
•
•
••
2
LOT 4
15,437 SQ.FT.±
0.53 ACRES&
477.04'PERIMETER
ZONING CLASSIFICATION R-40
AREA REQUIRED EXISTING PROPOSED
STK(SET) W°25, • 40,000 S.F. 15,437 S.F.± NO CHANGE
4" p47.3j• STK(SET)'' SETBACKS
FRONT 30' 33.00'
•
,N`L'0 SIDE(R) 20' 43.15'
bleb'," Na SIDE(L) 20' 44,61'
ei5' 2 REAR 20' 40.65'
STN(SET) r,'6 T.f
tri COVERA[X'
44,81' - o�„07. BUILDING 25% 13.56% HOUSE,DECK&SHED
WITNESS 40'55 7
9 NOTES: THIS LOT DOES NOT FALL WITHIN THE WATER RESOURCE ZONE II
STK(SET) �v�i \ 1c A111;a...„�� AREA
'S ". m'2' SETBACKS ARE SUBJECT TO BUILDING COMMISSIONERS
DECK DWELLING 13'88 ,a�p ll INTERPRETATION(SURROUNDED BY THREE ROADS)
19.03' .•,. swo. �.
G--�1 (SET) 2 19' I
1,,,v,,> \ l TK(SET) THIS PROPERTY FALLS IN FLOOD ZONE•X•AS SHOWN
• r0 J" ,\-c-'.:1101,
x3111.15 ON MAP NO.25001C0587J DATED JULY 18,2014
t4 l� p(51. 33.00'' .,ODs \/
t. 'b\ ' 0\,00
EXISTING CONDITIONS 94,'0 _,r A 63A
I EGEND: (SEn CERTIFIED PLOT PLAN
• CB/DH(FND)CONCRETE BOUND/DRILL HOLE(FOUND) CB/DH(FND) OF LAND IN SOUTH YARMOUTH, MASSACHUSETTS
• YRB(FND)YARMOUTH ROAD BOUND(FOUND) CB TO1TRUE AS PREPARED FOR LINDA PRESTON
z.
--- == STONE WALL S61'17'37•W PLAN REFERENCE: rcxo,
0.55' TO:LINDA PRESTON PL.BK.130 PG.07 _ L ✓.
ON THE BASIS OF MY KNOWLEDGE AND /`rY
INFORMATION,I FIND,THAT AS A RESULT OF (LOT 4)
--,.-- CHAIN LINK FENCE E,
A SURVEY MADE ON THE GROUND TO THE
(St 4.
---U--- STOCKADE FENCE NOTE: NORMAL STANDARD OF CARE OF LOCUS ADDRESS: No.
REVISED ON MAY 17,2021 TO SHOW PROFESSIONAL LAND SURVEYORS PRACTICING 16 SUNSET PINES •
----- EDGE OF ROAD/DRIVEWAY PROPOSED GARAGE IN THE COMMONWEALTH OF MASSACHUSETTS, SOUTH RO YARMOUTH I.•'
THE LOCATION OF THE DWELUNG IS AS
SCALE:1...40'
O STK(SET)STAKE(SET) SHOWN HEREON.
PAULE LD7SUR
-- -- ELECTRIC UNE p �`�p•t__ P.O.DATE DRAWN:
MAY 27,2021 PROFESSIONAL
LAND SURVEYOR
P.O.
E21101.11---C) 60X 1146
DAPROFESSIONAL LAND SURVEYOR DENT,MA 02036
FILE: 268 (508)7
3-00 (606)737-7680
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