HomeMy WebLinkAbout4867 10 Pawkannawkut Dr Decision Recorded 11.24.20Bk 33Z06 Pg332 066602
11-24-2020 '0 �'ai��i'�i�l~aCLERK
FILED WITH TOWN CLERK:
PETITION NO: # 4867
TOWN OF YARMOUTH
BOARD OF APPEALS
. DECISION
October 30, 2020
HEARING DATE: October 22, 2020
PETITIONER: Stanley W. Graveline and Rosalie E. Graveline
PROPERTY: 10 Pawkannawkut Drive, South Yarmouth, MA
Map & lot#: 0032.29; Zoning District: R-25
Book/Page: 31001/333
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By:
MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman, Sean Igoe, Dick Martin,
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.
t ,The Petitioners are Stanley W. Graveline and Rosalie E. Graveline who each appeared and did a
f 'find-job:presenting the merits of the Petition. The Petition is in connection with the property
located at Pawkannawkut Drive, South Yarmouth, Massachusetts which property is located in a
'�:+ .�7Distric# R-2S.
iif•Y �i r �k9 � ,i _f
e 1'etltlori §eekS relief under Bylaw section 104.3.2 (2) to allow for the construction of a garage
addition on apre-existing; non -conforming lot which will encroach into the side setback.
Itern�tively, they requested relief for a Variance under Section 203.5 of the bylaws.
No one spoke in favor of the Petition nor did anyone speak in opposition to the Petition. No new
exhibits were received at the hearing.
Of note, the property most affected by the addition is held by the Conservation Trust. When
completed, the addition will be 9.8 feet from the sideline. The Board agreed that this was a
diminimus encroachment and that relief could be granted without creating any undue hazard,
nuisance or congestion nor will result in any substantial harm to the existing a future character of
the neighborhood or Town. After discussion of the merits of the Petition, a Motion was made by
Mr. Baron, seconded by Mr. Martin to approve the grant of Special Permit.
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A roll call vote was taken with the following result: Mr. Baron -- in favor; Mr. Martin — in favor;
Mr. Igoe- in favor; and Mr. DeYoung — in favor. The Special Permit was, therefore, granted by
unanimous vote.
As to the requested relief of a Variance, upon the request of the Petitioner, Mr. Martin moved and
Mr. Baron seconded the Motion to allow the withdrawal without prejudice of this requested relief
which was voted in favor by the Board on a 4-0 vote.
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)
AE-n �q- �
Steven S. DeYoung, Cha an
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