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HomeMy WebLinkAbout07-22-21 Decision 4907 - 5 Water St TCFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION September 9, 2021 4907 July 22, 2021 William Lento and Lina Lento PROPERTY: 5 Water Street, West Yarmouth, MA Map 22, Parcel 400; Zoning District: R-25 Title: Book 33966, Page 30 MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman; Sean Igoe, Dick Martin, Jay Fraprie, and Tom Baron. iER It appearing that notice of the hearing has been given by sending notice to the Petitioners and all of those owners of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The Petitioners, William Lento and Lina Lento, were well represented by Attorney Paul Tardif. The Petitioners seek two forms of relief, a Variance to allow a shed in excess of 150 feet and a Special Permit to allow for the positioning of the shed within the side and rear setbacks. The relief is sought in connection with their property located at 5 Water St., West Yarmouth, MA; the property is located in R-25 Zoning District. The Board had several letters from abutting/interested persons in favor of the relief sought. These included correspondence from Steven Davis, Patricia Monahan, Brian Serpone and Alexa Nickandros. No new exhibits were received. One of the submitted pictures depicted a structure to the rear of the shed which all Board members agreed should be removed if any relief was to be granted. Overall, the Board was concerned with the size of the shed and that it was in too close proximity to the side and rear property lines. A motion was made by Mr. Martin, seconded by Mr. Fraprie to deny the request for a variance. It was generally felt that the petitioners had failed to establish anything sufficient to consider a grant for a variance. The Board was 4-1 (Mr. Baron being opposed to the motion) in its agreement that the variance request should be denied. Moving along to consideration of the Special Permits requested by the Petitioners, the Board acted on two separate requests with a motion made by Mr. Igoe, seconded by Mr. Martin to grant a Special Permit relating to the size and location of the structure without conditions. After much discussion including whether or not the Petitioners met the requirements for the grant of a Special Permit, this motion proceeded to a vote with all members being opposed to the grant, and the Special Permit was therefore denied. A 2nd motion was made on the request for the Special Permit with the conditions that the Petitioner is to remove the metal shed already on the property and the covered storage shed to the rear of the new structure with more suitable, shed- like double doors to be added to the new structure. Again, after substantial Board discussion as to whether or not the Petitioners had met their burden, the matter proceeded to a vote with Mr. Baron, Mr. DeYoung and Mr. Martin voting inAfRAppr�Qr. Fraprie being opposed. Special Permit was therefore denied. 0-1= -1 TOWN ct. OET - 5 2021 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 #4907 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 OCT - s 2021 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Appeal #4907 Date: September 30, 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 Lento and Lina Lento 5 Water Street West Yarmouth, MA 02673 Affecting the rights of the owner with respect to land or buildings at: 5 Water Street, West Yarmouth, MA; Map & lot#: 22.400; Zoning District: R-25; Book/Page: 33966/30 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. Steven S. DeYoung, Chairman A TRUE COPY ATTEST: TOWN CLERK OCT - 5 2021