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HomeMy WebLinkAbout10-28-21 Decision 4922 - 33 Shallow Brook Road RecordedTOWN OF YARMOUTH S� C BOARD OF APPEALS DECISION Do._:1 :44,6 s 641 1-2-06-2021 1 = 12 BARNSTABLE LAND COURT REGISTRY FILED WITH TOWN CLERK: November 4, 2021 PETITION NO: 4922 HEARING DATE: October 28, 2021 PETITIONER: William Mayer & Karen M. Pike PROPERTY: 33 Shallow Brook Road, South Yarmouth, MA Map 58, Parcel 174 Zoning District: R-40 Title: Book & Page: D1027511 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Richard Martin, day 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 Petitioners are William Mayer and Karen M. Pike who seek relief with respect to the property located at 33 Shallow Brook Road, South Yarmouth, MA, which is in the R-40 Zoning District. The Petitioners seek relief by way of a Special Permit or by way of a Variance both as provided for within § 104.3.2 (2) and §203.5. The relief sought is to allow the construction of an 8' x 12' portico at the front of their home. No one spoke in favor of or against the Petition and no new exhibits were received. The Petitioners did a fine job in providing a rendering of the intended portico along with excellent construction drawings. Though the structure will result in it being a distance of 18.12 ID feet from the property line, it is noteworthy that Shallow Brook Road is developed far from the actual road layout. There is a substantial distance from the front property line to the actual layout of the Shallow Brook Road. Though the Board acknowledged its usual reluctance to grant front setback relief, this is a unique situation where the property line is dictated by a road layout which will never be constructed to its full potential and which leaves the actual road significantly farther than 18.12 feet to the new, proposed portico. It was felt that the relief should be granted by way of a Variance, and that the Petitioners had satisfied the criteria for such Variance by convincing the Board that li(eraly., enforcement of the provisions of the bylaw would create a hardship in that the Petitioners wol+tld have no ability to shelter themselves from weather as they entered their fronAdy�>U a8aWitp iATTEST• Fh''YY 3'01021 also due to the shape of the lot in relationship to the road layout, though the road is very unlikely to ever be constructed to its full dimensions; and the relief can be granted without either substantial detriment to the public good or nullifying or substantially derogating from the intent or purpose of this bylaw. A motion was made by Mr. Martin, seconded by Mr. Fraprie to grant the Variance as requested and without condition. On this motion made and seconded, the Board voted unanimously in favor. The Variance was therefore granted. The Petitioners then requested that their request for a Special Permit be withdrawn, without prejudice. A motion was made by Mr. Martin, seconded by Mr. Fraprie to allow the withdrawal of the request for a Special Permit without prejudice, and to which the Board voted unanimously in favor, the Special Permit, therefore, being withdrawn without prejudice. 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 #4922 that no notice of appeal of said decision has been filed with me, or, if such appeal has been fled it has been dismissed or denied. All appeals have been exhausted. Fk44e- Mary A. Maslowski NOV 3 0 2021 A TRUE COPY ATTEST: �' . NOV 3 0 2021 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 4922 Date: November 25, 2021 Certificate of Granting of a Special Permit (General Laws Chapter 40A, section 1 l ) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: William Mayer & Karen M. Pike 33 Shallow Brook Road South Yarmouth, MA 02664 Affecting the rights of the owner with respect to land or buildings at: 33 Shallow Brook Road, South Yarmouth, )VIA; Map & lot#: 58.174; Zoning District: R-40; Book/Page: D1027511 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 I (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 Iand 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 =TRUECOPY, UNTY EEDS TTEST �t31S7R BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register A TRUE COPY ATTEST, h A � r " p NOV H 2�2