HomeMy WebLinkAbout02-24-22 Decision 4933 - 27 Longview Road recordedDoc:1,454,957 03-21-2022 2:52
TOWN OF YARMOUTH
ZONING BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERIC:
PETITION NO:
HEARING DATE:
PETITIONER:
OWNERS:
February 28, 2022
4933
February 24, 2022
Robert and Gretchen Kossack, Trustees,
Robert Edward Kossack Trust
Robert and Gretchen Kossack, Trustees,
Robert Edward Kossack Trust
PROPERTY: 27 Longview Road, Yarmouth Port, MA
Assessors Map 137, Parcel 9
Zoning District: R-40
Land Court Lot and Plans: # 20472, Lot M
MEMBERS PRESENT AND VOTING: Chairman, Steven S. DeYoung, Sean Igoe, Jay
Fraprie and Timothy Kelley.
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 Thnes, the bearing opened and held on the date as stated above.
The Petition is in connection with the Property located at 27 Longview Road, Yarmouth Pont, which
is in the R-40 Zoning District. The Property is improved with a single-family dwelling and is a
corner lot, with both Middle Road and Longview Road providing frontage. The Property is pre-
existing nonconforming as to lot size, frontage and front setback (Middle Road) but is otherwise
conforming as to setbacks and building coverage.
Andrew L. Singer, Esquire; Petitioners Gretchen and Robert Kossack; Dan Ojala, Down Cape
Engineering; and Chris Cannon, of Arch33 Inc., appeared in support of the Petition. There were no
public comments in favor or against the Petition. The Petitioners previously �gAVEST.
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I TOWN CLGFtit
MAR 2 12022 li
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Highway Historic Committee approval and Conservation Commission approval. No new exhibits
were received at the hearing.
The Petitioners seek to construct a second -floor addition over the existing footprint of the
home. Under the Yarmouth Zoning By -Law, Section 104.3.2, a pre-existing nonconforming
dwelling inay be altered, extended or razed and replaced by right if it conforms to the applicable By -
Law requirements and does not otherwise increase the nonconforming nature ofthe structure. By
constructing a portion of the second floor within the front setback, the Applicant is increasing the
nonconformity and this is permittable by Special Permit upon a determination by the Board that the
extension will not be substantially more detrimental to the neighborhood than the existing,
nonconforming; structure.
A discussion, including questions and consideration, took place concerning the proposed project
and its potential effects on the neighborhood. Based on the above, the Board found that the second floor
addition was not substantially more detrimental to the neighborhood, Zoning District or Town than the
existing conditions, that (tie work will not cause or contribute to any endue nuisance, hazard or
congestion, that there will be no substantial harm to the established or fittuie character of the
neighborhood or Town and that the strict enforcement of the current Zoning By -Law will result in undue
hardship to the Property or the Petitioners.
Thereafter, a motion was made by Mr. Fraprie and seconded by Mr. Kelley, and voted by roll call
with the following results:
- Chairman DeYoung: AYE.
- Mr. Igoe: AYE
- Mr. Fraprie: AYE
- Mr. Kelley: AYE.
On a vote 4-0 in favor, in accordance with the plans subufitted, the Special Permit was granted.
No permit shall issue until 20 days front the filing of this derision with the Town Clerk. This
decision must be recorded at the Registry of Deeds and a copy forwarded to the Zoning Board of
Appeals. Appeals from this decision shall be made pursuant to MGL Chapter 40A Section 1.7
and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless
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t.A3RUE COPY ATTEST: _
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AR2 1 2022
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other►vise provided herein, the Special Permit shalt lapse if a substantial use thereof has not begun
within 24 months. (See bylaw, MGL c40A §9)
0-"� �E)s
Steven S. DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
3, 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 04933 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.
Fk,4e-AW^44-
Mary A. Maslowski, Town Clerk MAR 2 1 2022
TRUE CO%P�YATTEST.
1 TOWS! CLr:F;IC
MAR 2 12022
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COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4933 Date: March 21, 2022
Certificate of Granting of a S ecial Permit
(General Laws Chapter 40A, Section l 1)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been
granted to:
Robert and Gretchen Kossack, Trustees, Robert Edward Kossack Trust
27 Longview Road
Yarmouth Port, MA 02675
Affecting the rights of the owner with respect to land or buildings at: 27 Longview Road, Yarmouth Port, MA;
Map #: 137; Parcel #: 9; Zoning District: R-40; Land Court Lot and Plans: #20472, Lot M and the said
Board of Appeals fiirther 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 1 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) clays 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 ouner's certificate of title. The fee for such
recording or registering shall be paid by the owner or applicant.
000�1� !�q�
Steven S. DeYoung, Chairman
A TRUE COPY ATTEST:
TOWN CLURrC
JOHN P. MEADE, ASSISTANT RECORDER MAR
2 .1 j�AJT
BARNSTABLE REGISTRY LAND COURT DISTRICT �{1��
RECEIVED s RECORDED ELECTRONICALLY