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Home My WebLink About08-12-21 Decision 4910 - 28 Captain Bacon Rd RecordedFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION August 25, 2021 4910 August 12, 2021 Bk 34488 -.Pg150 #51.501 09-20-20.21,,._,@, :01: 02p 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 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 thosd owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Regiver, 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 atlaclied garage, with an additional 2 garage bays, for a total of 4 garage buys 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-conforining structure, and that the applicant has demonstrated that no An' lRUFP9iQPeYAUdi��% ytulmri SEP 17T2sTOWN CLER Bk 34488 Pg151 #61501 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) - - <E�' Z�-F� 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 1,72021 Bk 34488 Pg152 #61501 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 i 1) 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 Bros 1k 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:end the said Board of Appeals further certifies that the decision attached hereto is a hrue 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. S4, — Z4-97-1 Steven S. DeYoung, Chairman A TRUE COPY ATTEST: HN F. MEADE,a�R,EEGISTEIR� SEi� D ,fro W� L RTRY OF DEEDS WO & RECORDED ELECTRONICALLY LAW OFFICES OF PAUL R. TARDIF, ESQ., P.C. 490 MAIN STREET YARMOUTH PORT, MA 02675 (508) 362-7799 (508) 362-7199 fax Pau! R Tardif, Esq. Stacey A. Curley, Esq. ptardifntardiflaw.coin www.tardiflaw.com scurky a?tardiflaw.com REFER TO FILE NO. September 20, 2021 Celina Villa Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Zoning Appeal — 28 Captain Bacon Road, South Yarmouth William Raymond Brown and Brenda Jeanne Brown - Petition #4910 Dear Ms. Villa: Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for the above referenced matter on September 20, 2021 in the Barnstable County Registry of Deeds in Book 34488, Page 150. Please note that a copy of the recorded Decision has been forwarded o Building Department for their records. I thank you for your assistance in this matter. Ve T Yours, Paul R. ardif CC' William Raymond Brown and Brenda Jeanne Brown Mark Grylls, Building Department