HomeMy WebLinkAbout06-22-17 Decision 4693-54 Cedar Street•Yq�
'try TOWN OF YARMOUTH
C BOARD OF APPEALS
_ DECISION
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FILED WITH TOWN CLERK: July 14, 2017
PETITION NO: #4693
HEARING DATE: June 22, 2017
PETITIONER: Neal and Cheryl Kidney
PROPERTY: 54 Cedar Street, South Yarmouth
Map & Lot#: 0034.132; Zoning District: R-25
Book/Page; 28744/97
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Dick Martin,
Thomas Nickinello and Susan Brita (nonvoting) 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 publishing in The
Register, the hearing opened and held on the date stated above.
The Petitioners, Neal Kidney and Cheryl Kidney seek relief in connection with property owned
by them and located at 54 Cedar St., South Yarmouth, MA, property within a Zoning District R-
25. The relief sought involves the request for a Special Permit and/or Variance for the
construction of a 18' x 26' garage on the westerly side yard of the existing dwelling. No one spoke
in opposition to the Petition. A letter was received by neighbors in support of the Petition. No
exhibits were received during the course of the hearing. If the requested relief were allowed, the
new structure would be only 7.5 feet from the abutter's sideline. This structure lies on a modest
size house lot (9395 ft.z) and there is no viable option to locate the proposed structure elsewhere
on the lot. Notwithstanding, each Board member felt that the size of the proposed structure could
be reduced while not adversely affecting its functionality. The addition of the garage will be in
keeping with the surrounding neighborhood and will be a nice addition to this residential area.
Each Board member felt that the grant of a Special Permit was the appropriate relief and could be
granted without creating any undue hazard, nuisance nor congestion nor substantial detriment or
harm to the existing or future character of the neighborhood or Town, provided that the width of
the structure be reduced from 18 feet to 16' x 26' so as to result in the new addition being no less
than 9.5 feet from the sideline.
Mr. Martin made a Motion to approve this modified relief to which Mr. Nickinello seconded and
upon this Motion the Board voted unanimously in favor of the grant of a Special Permit on the
sole condition that the width of the structure as built be no greater than 16 feet wide. Upon request
of the Petitioner, a Motion was made by Mr. Igoe, seconded by Mr. Martin to allow the
withdrawal of the Petitioner's request for the relief by Variance, without prejudice.
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)
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Steven DeYoung, Chap han
2
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YAR.MOUTH
BOARD OF APPEALS
Appeal 94693 Date: August 4, 2017
_ 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:
Neal and Cheryl A. Kidney
54 Cedar Street
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 54 Cedar Street, South
Yarmouth, MA. Zoning District: R-25; Map & Lot#: 0034.132; Book/Page: 28744/97 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.
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teven DeYo haC� i� a a i
Hof r4'�� TOWN OF YARMOUTH
g Town
YATTACHEESE
1146 ROUTE 28 SOUTH YARMOUTH MASSACI-IUSETTS 02664-4451 Clerk
1110 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 #4693 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.
Philip B&
Town
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