HomeMy WebLinkAbout10-28-21 Decision 4923 - 745 Willow StreetFILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
November 4, 2021
4923
October 28, 2021
Laraine Keating
PROPERTY: 745 Willow Street, South Yarmouth, MA
Map 42, Parcel 130
Zoning District: RS-40
Title: Boom 32403, Page 280
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Richard Martin, Jay
Fraprie 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 is Laraine Keating who seeks relief with respect to the property located at 745
Willow Street, South Yarmouth, MA within an RS-40 Zoning District. The Petitioner seeks
either a Special Permit pursuant to § 104.3.2 (2) or a Variance pursuant to §203.5 of the zoning
bylaws.
The Petitioner did an excellent job in presenting her Petition and was aided by the favorable
testimony of her gracious neighbor. The Board did receive correspondence from George and Gail
Heil, both of whom expressed their opposition to grant the relief sought. No one else spoke in
favor of or against the Petition and no new exhibits were received.
The Petitioner seeks to construct a modest 8' x 12' shed at the end of her driveway and which
shall be 6 feet from the abutter's property line. The location of the shed is reasonable at this spot
as it is at the end of a driveway and is intended for the storage of equipment to clear and maintain
the driveway.
The abutters, Mr. and Mrs. Heil expressed concern about their ability to see down the road as
they enter and exit their property by vehicle. In truth, Willow Lane is a small road servicing but a
few properties and upon which there is very limited travel. The Board did not concur with the
suggestion that the relief, if granted would impact their property.
AfIMUE COPY ATTEST:
Collectively, the Board concurred that the grant of a Special Permit would cause no undue
hazard, nuisance, or congestion, nor be a detriment or out of the character of the neighborhood or
town both now and in the future. Mr. Fraprie made a motion to approve the request for a Special
Permit, without condition. Mr. Martin seconded this motion. The Board voted unanimously in
favor of the motion and, therefore, the Special Permit was granted. As to the Variance, at the
request of the Petitioner, Mr. Martin moved and Mr. Baron seconded, that it be allowed to be
withdrawn without prejudice and upon this motion so made, the vote of the Board was
unanimously in favor.
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
1, 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 #4923 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 3 0 2021
A TRUE COPY ATTEST.
i �� , d ICLERK
NOV 3 0 2021
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4923 Date: November 251 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:
Laraine Keating
745 Willow Street
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 745 Willow Street, South Yarmouth, MA;
Map & lot#: 42130; Zoning District: RS-40; Book/Page: 32403/280 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.
.,O)�4Ji
Steven S. DeYoung, Chairman
RUE COPY ATTEST:
NOY 3 0 2021