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HomeMy WebLinkAbout10-28-21 Decision 4920 - 95 Pine Cone Drive RecordedTOWN OF YARMOUTH BOARD OF APPEALS DECISION Doc = 1 .446 s -5?6 12-06-2021 10 = 33 \�*r?+c"E!. BARNSTABLE LAND COURT REGISTRY FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: November 4, 2021 4920 October 28, 2021 Steven Hetzel d/b/a Lewis Bay Builders PROPERTY: 95 Pine Cone Drive, West Yarmouth, MA ,n Map 22, Parcel 220 Zoning District: R-25 Title: Book 8, Page 58 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Richard Martin, Jay a Fraprie and Torn 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. a The Petitioner is Steven Hetzel, principal of Lewis Bay Builders. He seeks relief pursuant to § 104.3.2 of the Zoning By-laws or, alternatively, a Variance pursuant to §202.5. u Other than Mr. Hetzel, no one spoke in favor or in opposition to the Petition and no exhibits were received at the time of the hearing. It was explained to the Board that a Building Permit had been issued for the enclosure of a deck area and to make it a 3 season room_ At the time of the grant of the Building Permit, the structure stood 19,2 feet from the sideline. [Note, this is a corner lot which would technically make the Berwick Road facing side a "front". However, the Board 2 concurred that the true front of the home faced Pine Cone Drive.] When the actual improvements were made, it was found that the distance from the street to the new structure was 19.1 feet, the difference being the addition of shingles and corner boards to the new structure. The Board was in unanimous agreement that the distance and difference following construction was de minimis. It is of no consequence to the safety of people, largely indistinguishable in terms of the distance and creates no undue hazard, nuisance nor congestion. Further, the relief sought poses no detriment to the current or future character of the neighborhood or town. The Board concurred generally that the grant of the relief was appropriate in the form of a Special Permit �- rather than a Variance. A motion was made by Mr. Baron, seconded by Mr. Frapde i6 grant the requested Special Permit without conditions. On this motion so made and seconded, the 11'6ai4 voted unanimously in favor and the Special Permit was, therefore, granted.A TftIJE COPY A ST 2021 At the request of the Petitioner, Mr. Martin made a motion, seconded by Mr. Fraprie, to allow the Petitioner to withdraw the request for relief by Variance, and such withdrawal to be without prejudice_ The Board voted unanimously in favor of this motion and, consequently, the request for Variance was 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) ") � S�e�% � 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 #4920 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 Q A : R`' E.00PY..IkTurt% COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 4920 Date: November 25, 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: Steven Hetzel d/b/a Lewis Bay Builders 95 Pine Cone Drive West Yarmouth, MA 02673 Affecting the rights of the owner with respect to land or buildings at: 95 Pine Cone Drive, West Yarmouth, MA; Map & lot#: 22.220; Zoning District: R-25; Book/Page: 8/58 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. Steven S. DeYoung, Chairman BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register BARNSTABLE COUNTY REC31STRY OF DEEDS A TRUE COPY, ATTEST JOHN K MEADE, REGISTER PY }��. CST 7'm 0 202.1