HomeMy WebLinkAbout1-27-22 Decision 4932 - 10 Braddock St recordedBk 34931 Pg254 #10307
02-25-2022 @ 02:51p
FILED 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 Al, 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 approximately4,792 square
feet of area, and 50 feet of frontage on Braddock Street. The lot was created by a plan dated
December 1.4, 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 dernonstrate 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 fainily
dwelling on this Iot, having been improved prior to the zoning change in 1972, was no longer a
"lot", for purposes of a merger deternunation. 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 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:
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Bk 34931 Pg255 #10307
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 :ondition.
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 1.7 and must be filed within 20
days after filing of this noticeldecision with the Town Clerk. Unless. otherwise provided herein,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months.. (Sze
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 filed it has been
dismissed or denied. All appeals have been exhausted.
Mary . Maslowski
A TRUE COPY ATTEST
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.��>_•N",� 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 11)
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
Perrnit, 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 Pernut, 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.
4A, F46�
FEB 2 2 2022
JOHN F. MEADE, REGISTER
BARNSTABLE COUNTY REGISTRY OF DEED!
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