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HomeMy WebLinkAbout1-27-22 Decision 4932 - 10 Braddock St TCFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION February 1, 2022 4932 January 27, 2022 Christopher O'Connell and Mark O'Connell, Trustees of the 10 Braddock Street Realty Trust PROPERTY: 10. Braddock Street, South Yarmouth, MA Map 34, Parcel 197 Zoning District: R-25 Title: Book 34476, Page 179 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Jay Fraprie, and Dick Neitz 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 Cape Cod Times, the hearing opened and held on the date stated above. The Petitioner seeks a Special Permit under Zoning By -Law §104.3.2 (2) and/or for use under §202.5 A1, to establish the lot as buildable or permitted to be improved with a single family residence. The property is located in the R-25 Zoning District, and contains approximately 4,792 square feet of area, and 50 feet of frontage on Braddock Street. The lot was created by a plan dated December 14, 1945, and is denoted as Lot 147 on that plan. Presently, the property is improved with two (2) sheds. However, the Town of Yarmouth archived documents assigned to this address demonstrate that there has been, in the past, a dwelling unit, as well as other structures and facilities, on this property. The Yarmouth Building Commissioner concurs that a Special Permit in accordance with 104.3.2 (2) is the proper relief to seek from this Board. Specifically, Petitioner argues that the current existence of structures, and the past existence of a single family dwelling on this lot, having been improved prior to the zoning change in 1972, was no longer a "lot", for purposes of a merger determination. Rather, it was a developed lot prior to the zoning change, and as such would be classified as a legally pre-existing non -conforming lot, and was grandfathered. The Board then took up the request for a Special Permit, and agreed that any proposed structure on this lot, if meeting all bulk requirements of the zoning bylaw, would not be substantially more A TRUE COPY ATTEST: A cmuclu- FEB 2 2 2022 detrimental to the neighborhood than is the existing non -conforming structure. In addition, the Board found that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. Two direct abutters appeared, and although voicing a desire that anything to be built on the lot be in keeping with the houses in the surrounding area, no articulable opposition was voiced. Both abutters agreed that a developed lot would be better than an undeveloped lot in its present unkempt condition. A Motion was made by Mr. Igoe, seconded by Mr. Neitz, to grant the Special Permit as requested. The members voted unanimously (4-0) in favor of the motion, and the Special Permit was therefore, granted. 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 riled 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 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 #4932 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. Mary A. Maslowski A TRUE COPY ATTEST i2O22 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 4932 Date: February 22, 2022 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 1 I) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Christopher O'Connell and Mark O'Connell, Trustees of the 10 Braddock Street Realty Trust 10 Braddock Street South Yarmouth, MA 02664 Affecting the rights of the owner with respect to land or buildings at: 10 Braddock Street, South Yarmouth, MA; Map #: 34; Parcel #: 197; Zoning District: R-25; Book/Page: 34476/179 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 A TRUE COPY ATTEST X 7VtivAi CCU r&L FEB 2 2 2027