HomeMy WebLinkAbout08-26-21 Decision 4911 - 8 Railway Bluffs TCY
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TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FH,ED WITH TOWN CLERK: September 13, 2021
PETITION NO: 4911
HEARING DATE: August 26, 2021
PETITIONER: Peter Roth
PROPERTY: 8 Railway Bluffs, West Yarmouth, MA
Map 28, Parcel 2
Zoning District: R-25
Title: Certificate # DOC1306037
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard Martin
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, Peter Roth, seeks relief in connection with his property located at 8 Railway
Bluffs, West Yarmouth, MA. This property is in an R-25 Zoning District. The petitioner seeks
alternative relief of either a Special Permit or a Variance in connection with his desire to increase
the height of his existing garage. Much discussion was had with the Petitioner and we generally
expressed concerns that the lot, as it now exists, seemed overburdened. While the Petitioner's
property is well -kept and maintained, the location of the garage with the end but a few feet off
the actual layout of the road caused Board members concern.
An abutter, Stephen Faye, who lives at 10 Railway Bluffs, West Yarmouth, MA appeared and
expressed his disfavor with the proposed project, in part, because he was concerned it would
block sunlight coming onto his property. The Board has consistently felt that, unless someone
had a right by easement regarding the height of abutting structures, which would be below the
maximum height allowed, the fact that a structure might block sunlight to an abutter would not
be the basis to deny the requested relief Here, however, a greater concern was, as previously
stated, that the garage height being so close to the street was not something the Board could be in
favor of.
After discussion with the Petitioner, the Petitioner asked that he be allowed to withdraw the
petition, without prejudice. To this effect, a motion was made by Mr. Igoe and seconded by Mr.
Martin to allow the withdrawal of the petition, without prejudice to which all Board members
voted in favor and, the petition was therefore, allowed to be withdrawn without prejudice.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. 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
§ 103.2.5, MGL c40A §9)
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Steven DeYoung, Chairman