HomeMy WebLinkAbout08-12-21 Decision 4910 - 28 Captain Bacon Rd TCFILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
August 26, 2021
4910
August 12, 2021
William Raymond Brown and Brenda Jeanne Brown
PROPERTY: 28 Captain Bacon Road, South Yarmouth, MA
Map 88, Parcel 248; Zoning District: R-40
Title: Book 33171, Page 320
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MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Neitz, Richard Martin, Tom Baron
and Megan Homer
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 is seeking a Special Permit pursuant to section 202.5, Footnote 5, of the Yarmouth Zoning Bylaw
to allow the use of more than 3 garage bays on the property. The Property is located in the R40 Zoning District
and is improved with a one story single family structure which includes an attached 2 car garage, and which
structure was constructed in approximately 1960. The property is a corner lot, with frontage on Captain Bacon
Road and Captain Nickerson Road. Although having a Captain Bacon address, access via the driveway is from
Captain Nickerson. The property contains approximately 25,039 square feet. The existing structure meets all
of the current setback and height requirements for the zoning district.
The proposal is to construct an attached garage, with an additional 2 garage bays, for a total of 4 garage bays on
the property. The new addition will meet all the current setback requirements for the zoning district, and will
provide additional storage only above the new garage. The lot coverage will be well under 25% and the height
of the addition will be approximately 24 feet. Petitioner stated that he needs additional space to work on his
vintage automobiles and thus the request.
One abutter spoke in opposition to the project, arguing that the structure would affect his current views and
would create shadowing, despite the distance between his house and the new addition being approximately 50
feet apart. Another abutter spoke in favor of the project, citing the lot size, the lack of additional traffic in the
neighborhood, and the fact that other properties in the neighborhood, although being smaller in area, routinely
house multiple vehicles out in the open, whereas this project will allow the applicant to hide vehicles from view.
The Board was concerned about allowing a fourth garage bay in this neighborhood. However, they were
satisfied and agreed that due to the fact that the new structure will be conforming, centrally located on one
driveway, with all doors facing inward, and the relatively large size of this lot in this neighborhood, that a
Special Permit was warranted. The Board was in unanimous agreement that the use of the additional garage
bays would not be substantially more detrimental to the neighborhood, zoning district, or Town, than the
existing non -conforming structure, and that the applicant has demonstrated that noARMgm- QQRY, ATIEFoT
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congestion will be created and that there will be no substantial harm to the established or future character of the
neighborhood or town.
Accordingly, a motion was made by Mr. Martin, seconded by Mr. Baron, to grant the Special Permit, as
requested, with the following conditions:
1. The space above the new garage bays will be used for storage and not for living space;
2. The commercial trailer used to transport vehicles will only be permitted to be on the site for 24 hour
periods, but shall not be parked for longer term use; and
3. All vehicle parking for the property will be contained on site, and will not use the park area across the
street to handle overflow parking.
The members voted unanimously in favor of the motion.
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)
Steven DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, 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 #4910 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.
Mary A.. Maslowski
SEP 1 12021
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal #4910 Date: September 15, 2021
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:
William Raymond Brown and Brenda Jeanne Brown
28 Captain Bacon Road
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 28 Captain Bacon Road, South
Yarmouth; Map & lot #: 88.248; Zoning District: R-40; Book/Page: 33171/320 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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Steven S. DeYoung, Chairman
A TRUE COPY ATTEST:
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TOWN CLERK
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