HomeMy WebLinkAbout09-23-21 Decision 4916- 16 Joyce Street TCFILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
October 21, 2021
4916
September 23, 2021
Donald P. DelBuono
PROPERTY: 16 Joyce Street, South Yarmouth, MA
Map 79, Parcel 154
Zoning District: R-40
Title: Book 34179, Page 243
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Richard Martin, Jay
Fraprie, Richard Neitz 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, Donald DelBuono was well represented by Basil J. Congro of Congro
Remodeling. The petition seeks either the grant of a Special Permit or a Variance in connection
with a front yard setback arising from the desire to add a 22 x 14 addition to the side of the
home. The house is on a corner lot with its existing front entrance facing Joyce Street and its side
yard abutting Fessenden Street. The addition will cause the structure to be 19.7 feet at its closest
on the side facing Fessenden Street. Due to the location of the septic system, there is no other
reasonable location for this addition and the only cause for relief is its resulting closeness to the
abutting street. Of note, the actual layout of Fessenden Street is greater than 19.7 feet of the
proposed addition, as the street was not improved to its full layout and not likely to be widened
in the future. The addition will allow for an expanded bedroom with a walk-in closet.
No one spoke in favor or in opposition to the relief sought. The Board recognized the
utility of the addition to the functioning of the home. The Board concluded that there was no
hazard, nuisance nor congestion which would result from the addition nor would it be a
detriment to the existing or future character of the neighborhood or Town. The addition appeared
tasteful and, as stated, the only reason for relief was the proximity to a street abutting the side of
the home. A motion was made by Mr. Baron and seconded by Mr. Neitz to approve the request
for a Special Permit and upon this motion the Board voted unanimously in favor and the Special
Permit was, therefore, granted.
A TRUE COPY ATTEST,
.
1 TOWN CLERK
NOV 16 2021
On the request for a Variance and at the request of the Petitioner's representative, a
motion was made by Mr. Martin to allow the request for a Variance to be withdrawn, without
prejudice. Mr. Fraprie seconded this motion and the Board 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)
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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 #4916 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
NOV 16 2021
A TRUE COPY ATTEST
J'h.4t
NOV 16 Iffi
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4916 Date: November 11, 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:
Donald P. DelBuono
16 Joyce Street
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 16 Joyce Street, South Yarmouth; Map
& lot#: 79.154; Zoning District: R-40; Book/Page: 34179/243 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 I 1 (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
TR,yUEf Y ATTES i
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NOv 16 2021