HomeMy WebLinkAbout03-10-22 Decision 4942 - 95 Pine Cone Dr CERTFILED WITH TOWN CLERK.:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
April 7, 2022
4942
March 10, 2022
Steven Hetzel d/b/a Lewis Bay Builders
95 Pine Cone Drive, West Yarmouth, MA
Map 22, Parcel 220
Zoning District: R-25
Title: Book 8, Page 58
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MEMBERS PRESENT AND VOTING: Mr. Fraprie, Mr. Igoe, Mr. DeYoung and Mr. Martin
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 Steven Hetzel of Lewis Bay Builders. Mr. Hetzel appeared on behalf of
the owners of the property located at 95 Pine Cone Drive, West Yarmouth, MA, a property
which is in Zoning District R-25. The application seeks the grant of a Special Permit pursuant to
By -Law § 104.3.2. The owners of the property are Daniel Hayes and Marcela Hayes who seek to
add a second floor to a pre-existing nonconforming structure.
The existing structure is in noncompliance with the backyard distance from the abutter
and, minimally, the side yard of the easterly side of the structure. No one spoke in favor or in
opposition to the petition and no exhibits were received at the time of hearing.
The Board was in complete agreement that the proposed structure was attractive and
appropriate for the area and that a grant of the Special Permit would result in no undue hazard,
nuisance nor congestion, nor would it be detrimental to the existing or future character of the
neighborhood. In fact, there will be no change to the existing footprint of the structure and relief
is required solely based upon the addition of the second floor. It was the Board's feeling that this
was an easy decision to favorably look upon, particularly since the addition to the home will
provide the owners with more utility of use of the structure.
A motion was made by Mr. Igoe, seconded by Mr. Martin, to approve the grant of a
Special Permit, as prayed for in the petition and without conditions. A roll cad -6t we as�ken of
%'TRUE COPY ATTEST
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APR 2 8 2022
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4942 Date: April 28, 2022
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, Section 1.1)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been
granted to:
Steven Hetzel d/b/a Lewis Bay Builders
95 Pine Cone Drive
West Yarmouth, MA 02673
Affecting the rights of the owner with respect to land or buildings at: 45 Pine Cone Drive, West Yarmouth,
MA; Map #: 22; Parcel #: 220; Zoning District: R-25 Book/Page: 8/58 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 DeYoung, Chairman
A TRUE COPY ATTEST:
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