HomeMy WebLinkAbout1-27-22 Decision 4929 - 185 Seaview Ave TCFILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
February 1 I, 2022
4929
January 27, 2022
Kelly A. & George K. Norwood
185 Seaview Ave, South Yarmouth, MA
Map 19, Parcel 33
Zoning District: R-25
Certificate #: 208819
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Mr. Igoe, Mr. Fraprie
and Mr. 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 was well represented by Kieran Healy of the BSC Group and with regard to
property located at 185 Seaview Ave., property owned by Kelly A. and George K. Norwood. The
Petitioners seek to raze and replace an existing structure seeking relief by either Special Permit
or Variance. The property is located in an R— 25 Zoning District. Due to the proximity to
wetlands, the Conservation Commission reviewed the proposed work to be done on the land and
voted to approve the project to be built consistent with the Plan of Land, 185 Seaview Ave.,
South Yarmouth, Kieran Healy PLS, BSC Group dated 10/18/21.
Mr. Healy provided the Board with representation of the lot coverage, and when completed, will
be 24.7% with a ridge height of 31 feet. The existing structure is a three bedroom home and it
will remain a three bedroom home. When constructed, the new home will be slightly greater in
size than is the existing home to the southern side yard. Additionally, the north side setback will
be slightly greater than the existing.
The Board did receive correspondence inclusive of a letter from an abutter, John Sears III, who
expressed concern as to the style of the building and the existence of a 15 foot right of way. The
existence of this right away was felt by the Board to be helpful in considering the southerly side
yard setback. The Board also received a letter in support of the project from abutters Anne and
A TRUE COPY ATTEST
1 �h�hc • ��r,�
TOWN CLERK
MAR - 4 �D��
John Moynihan. No exhibits were received at the time of the hearing, nor did anyone speak in
favor of the Petition or against the Petition.
The Board felt that the proper relief would be for the grant of a Special Permit and that the
criteria necessary for the grant of such relief was met in that the building, when constructed,
would create no undue hazard, nuisance or congestion, nor would there be any substantial
detriment to the existing or future character of the neighborhood or town.
A motion was made by Mr. Fraprie, seconded by Mr. Igoe to grant the requested relief and the
Board voted unanimously in favor of the motion, without conditions, and the Special Permit was
therefore granted.
The Petitioner requested that the relief sought by way of Variance be withdrawn, without
prejudice. Mr. Igoe made a motion to allow the withdrawal as requested, which motion was
seconded by Mr. Neitz and upon which the Board voted unanimously in favor.
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)
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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 #4929 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 MAR — 4 2022
2
A T�tUE COPY ATTEST.
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1 TOWN CLERK
MAR - 4 2022
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4929 Date: March 4, 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:
Kelly A. & George K. Norwood
185 Seaview Ave
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 185 Seaview Ave, South Yarmouth, MA;
Map #: 19; Parcel #: 33; Zoning District: R-25; Certificate #: 208819; 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.
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Steven S. DeYoung, Chairman
A TRUE COPY ATTEST:
1 TOWN CLERK
MAR - 4 2022