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HomeMy WebLinkAbout02-10-22 Decision 4935 - 41 Jerusha Lane recordedtSK .3gyb1 YC31.3L {f1L40!:0 03-09-2022 @ 10:53a •YA FILED «'ITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION February 11, 2022 4935 February 10, 2022 Wayne E. McNeill & Doreen M. McNeill PROPERTY: 41 Jerusha Lane, West Yarmouth, MA Map 31, Parcel 207 Zoning District: R-25 Title: Book 13487, Page 301 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard Martin, and Jay Fraprie . 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 is seeking a Special Pen -nit to allow for the razing and replacing of a single family structure. The Property is a corner lot located in the R-25 Zoning District and contains 16,133 square feet of area, with 260 feet of frontage on Jerusha Lane, which is located on two sides of this property, creating a corner lot. The existing house, containing one story, three bedrooms, and constructed in approximately 1968, complies with both front yard setbacks, one side setback, and sits 9.7 feet from the westerly side setback, where 15 feet is required. The lot coverage is 9.4%, and the current height of the structure is approximately 19 feet. The living space totals 1,465 square feet and there is a full basement on the westerly portion of the house. The Applicant proposes to raze the existing structure, and replace it with a new, one-story 2 bedroom home, with a two car garage. The structure will continue to comply with both front yard setbacks, one side setback, and will improve the westerly side setback by moving the house from its present 9.7 feet to the boundary to 10 feet. The height will increase slightly to 22 feet, but well under the required 35 foot maximum. A full basement and a new Title 5 Septic System will be constructed and neither will be sitting in the water table. The existing driveway will be removed, locmed and seeded. Lot coverage will increase to 16.1%. Living space will increase to approximately 1,785 square feet, an increase of living space of 320 square feet, but reducing the nurxrber of bedrooms. UE ATiE: ! TUWN Ct_E tsJC 34:001 JeJ133 ff_LLgoy Several abutters appeared in opposition to the project, alleging that the construction of a new home with a full basement would cause additional water infiltration into their basements, in a neighborhood With a high water table. A 2003 study of this neighborhood, and others in the Town of Yarmouth, was proffered as evidence that this could occur, and that this Board should hold this Petitioner to standards, such as refusing to approve a full basement, that have not been adopted into the Zoning Bylaw at a legally assembled Town Meeting. Although sympathetic to the water issues plaguing this neighborhood and others in Yarmouth, the Board is not empowered to enact new standards into the Bylaw at this time. The Board was also of the opinion that there was no evidence to support a claim that there is a connection between increased water infiltration from abutting properties, rather than the high water table noted in the 2003 study. The Board was in unanimous agreement that the proposed location of the new structure was an improvement to the one pre-existing non -conforming side setback encroaclunent, and that the house plans were carefully designed to protect the privacy of the Applicant and their abutter. They also agreed that the design of the house will be in keeping with this neighborhood, and that the location of the water concerns, with which the Petitioner must also face, had been taken into consideration. The Board found that the raze and replacement of the structure would not be substantially more detrimental to the neighborhood, zoning district, or Town, than the existing non -conforming structure, and would not create any undue nuisance, hazard or congestion. Accordingly, a motion was made by Mr. Martin, seconded by Mr. Fraprie, to grant the Special Permit, as requested, without conditions. A roll call vote was taken with the following results: - Chairman DeYoung: AYE - Mr.. Igoe: AYE - Mr. Fraprie: AYE - Mr. Martin: AYE Therefore, the Special Pennit was 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 filed within 20 days after filing of this notice/decision NA ith 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 ,XTRUE C PY ATTEST: /TOWN CLERK r MAR -1 2022 JDx -3gyoi ivyi-lq f -L44 kuz;p CERTIFICATION OF TOWN CLERK !, 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 #4935 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. May A. Maslowski MAR -- 4 zozz TRUE DOPY ,A,TTEST- 3 MAR -1 2022 BBC 34961 PglJb fIZ4b9 • COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS 9 c i r Petition #: 4935 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: Wayne E. McNeill & Doreen M. McNeill 41 Jerusha Lame West Yarmouth, MA 02673 Affecting the rights of the owner with respect to land or buildings at: 41 Jerusha Lane, West Yarmouth, MA; Map #: 31; Parcel #: 207; Zoning District: R-25; Book/Page: 13487/301; 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 I (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 COP�Y,ATJTEST r TOWN CLERK SBARNSTAS�NTY E�Y OF DEED! oVVTIMn r vcr MVn—L•!•MD^M—ATTV