02-24-22 Decision 4939 -12 Saltworks Lane TCY�l
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
March 10, 2022
4939
February 24, 2022
Thomas Grew Jr.
PROPERTY: 12 Saltworks Lane, South Yarmouth, MA
Map 60, Parcel 211
Zoning District: RS-40
Title: Book 32920, Page 319
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Mr. Igoe, Mr. Fraprie
and Mr. 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 Times, the hearing opened and held on the date stated above.
The Petitioner, Thomas Grew Jr. seeks relief in connection with property located at 12
Saltworks Ln., South Yarmouth, MA which property is in an RS-40 Zoning District. The
Petitioner seeks a Special Permit and/or a Variance to proceed with the raze and replacement of a
pre-existing non -conforming dwelling structure. Relief is needed for the front setback.
The Petitioner did a very fine job in presenting his Petition, which was not necessarily
complicated. The new structure will modernize the property. Though it is non -conforming, the
Petitioner intends to increase the front setback from the existing 5.5 feet to 18.5 feet, thus
decreasing the nonconformity.
The Board agreed that the proper relief was that of a Variance. The Board concurred
that the requested relief met the criteria for the grant of a Variance. The literal enforcement of the
bylaw would result in a substantial detriment to the Petitioner, particularly since the hardship is
based upon a condition that will be minimized in its nonconformity if granted. The lot is a very
narrow yet long lot. Moving it further back from the street than is the present location will
substantially reduce the nonconformity. In this particular case, the grant of a Variance may be
granted without substantial detriment to the public good and without nullifying or substantially
derogating from the intent or purpose of such ordinance of bylaw.
A TRUE COPY ATTEST
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TOWN CLERK
A motion was made by Mr. Fraprie, seconded by Mr. Igoe to allow the grant of the
Variance as prayed for by the Petitioner. A roll call vote was conducted with the Board voting
unanimously in favor of the grant of the Variance, and the Variance was therefore granted
without condition.
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)
Steven DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
1, 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 #4939 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, Town Clerk
MAR 3 1 2022
A TRUE COPY ATTEST:
2
! TOWN CLEPIK
MAR 3 1 2022
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4939 Date: March 31, 2022
Certificate of Granting of a Variance
(General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted
to:
Thomas Grew Jr.
12 Saltworks Lane
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 12 Saltworks Lane, South Yarmouth,
MA; Map #: 60; Parcel #: 211; Zoning District: RS-40; Book/Page: 32920/319 and the said Board of Appeals
further certifies that the decision attached hereto is a true and correct copy of its decision granting said
Variance, 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 Variance, 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
MAR 3 1 2022