HomeMy WebLinkAbout12-09-21 Decision 4924 - 43 Autumn DriveARm E aH
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
December 13, 2021
4924
December 9, 2021
Jack & Audrey Lee
PROPERTY: 43 Autumn Drive, South Yarmouth, MA
Map 59, Parcel 73
Zoning District: R-40
Title: Book 31703 Page 43
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Jay Fraprie and
Timothy Kelley.
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, Jack and Audrey Lee, seek relief in connection with their property located at 43
Autumn Drive, South Yarmouth, MA. This property is in an R-40 Zoning District. The
Petitioners seek a Special Permit per §202.5, Footnote 5, to construct a new detached three car
garage, where there are currently two existing bays, for a total of 5.
The Petitioners were represented at the hearing by their daughter, Erin Lee, and their contractor,
Michael Ferullo of Ferullo Remodeling, Inc. They described their desire to erect a three car
garage in order to house some of Mr. Lee's antique automobiles, which will also allow them to
remove some of the existing structures throughout the yard, including a fabric covered car port
and wooden shed. While Mr. Lee would be restoring the cars on site, he would not be painting
the cars, so there would not be a need for Board of Health review. There would be no additional
curb cuts, and the new garage would be accessed from the existing driveway.
No one spoke in favor or against the Petition.
The Board was concerned about the size of the garage and noted their hesitancy on providing
relief for 5 cars. While they agreed that the garage was tastefully designed and may help clean up
the property, they felt that it was too large for the lot, and not in keeping with the current
character of the neighborhood.
After discussion with the Petitioner, the Petitioner asked that they be allowed to withdraw the
Petition, without prejudice. To this effect, a motion was made by Mr. Igoe and seconded by Mr.
Fraprie to allow the withdrawal of the Petition, without prejudice to which all Board members
voted in favor (4-0). The Petition was therefore, allowed to be withdrawn without prejudice.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