HomeMy WebLinkAbout10-14-21 Decision 4918- 20 Capt Noyes Road TC3.3 '- 3€�= 3
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
October 26, 2021
4918
October 14, 2021
Carlos Henrique S. Figueiora & Maria Helena Fernandes
PROPERTY: 20 Capt Noyes Road, South Yarmouth, MA
Map 078, Parcel 298
Zoning District: R-40
Title: Book 30295 Page 150
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard
Martin, Tom Baron and Jay Fraprie
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, represented by Attorney Mark H. Boudreau of Hyannis, MA, seeks a Special Permit
per Section 104.3.2 of the Yarmouth Zoning Ordinance in order to expand a pre-existing, non-
conforming structure into a sideline set back by 3.18 feet and to construct a small deck also
encroaching into a sideline set back by 3.18 feet.
The Property is located in the R-40 Zoning District and is currently a lot improved with a 3-
bedroom ranch built in 1974. The lot contains 13,475 square feet and 115 feet of frontage on
Captain Noyes Road. It is shown as Lot 212 on a plan recorded in the Barnstable County
Registry of Deeds in Plan Book 199, Page 5 and dated November 10, 1965.
Petitioner states that the encroachment is necessary to expand the interior footprint of the home
to increase the size and utility of the floor plan. No additional bedrooms would be added as a
result of the expansion. The subject property is located in a neighborhood of ranches and cape -
style homes many of which were built closer to the sidelines when the setbacks were shorter.
The desired relief can be granted without being more detrimental to the neighborhood than the
existing structure.
The Board agreed that the requested encroachment is appropriate given its relatively de minimus
impact into the sideline set back. The neighborhood is replete with examples of properties
existing much closer to the sideline setbacks than is currently allowed in the R-40 Zoning
District. The Board expressed concern that the proposed elevations show a roof line that
extends is not parallel with the existing roof and front wall. Aesthetically, the addition would
appear disjointed and not in harmony with the existing structure. The Board requested that the
applicant agree to modify the elevations by slightly reducing the addition to allow the roof and
front wall to each be in conformity with the existing structure. The applicant agreed to the
Board's request.
No abutters appeared either in favor or against the project.
A Motion was made by Mr. Martin, seconded by Mr. Baron, to grant the Special Permit as
requested, with the condition that the roof line of the addition at the front of the home (Captain
Noyes Road) be adjusted so that the height and pitch match the existing roof and the front wall
be extended as it currently exists on a parallel plane. After discussion, the motion included a
finding that the proposed addition into the sideline setback will not be more detrimental to the
neighborhood, zoning district or Town and the extension will not cause or contribute to undue
nuisance, hazard or congestion. Further, the strict enforcement of the current bylaws would
result in undue hardship to the owners. The members voted unanimously in favor of the motion.
The applicant moved and was allowed to withdraw the request for relief in the form of a
Variance, as it was the consensus of the Board that no such relief was needed. 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 #4918 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
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4918 Date: November 16, 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:
Carlos Henrique S. Figueiora & Maria Helena Fernandes
20 Capt Noyes Road
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 20 Capt Noyes Road, South Yarmouth;
Map & lot#: 78.298; Zoning District: R-40; Book/Page. 30295/150 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