HomeMy WebLinkAbout05-26-22 Decision 4956 - 74 Captain Wright Road TC4 TOWN OF YARMOUTH
BOARD OF APPEALS
3 DECISION
FILED WITH TOWN CLERK: June 9, 2022
PETITION NO: 4956
HEARING DATE: May 26,2022
PETITIONER:
PROPERTY:74 Captain Wright Road, South Yarmouth,MA
Map 77, Parcel 19
Zoning District: R-40
Title: Book 30169,Page 46
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe,Megan Homer,
Jay Fraprie,and Richard 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 hearita'g•.;+ n0 puikkikg in The
Cape Cod Times,the hearing opened and held on the date stated above. ...
The petitioners are Michael Vicens and Sandra McGinnis of 74 Captain Wright Road, South Yarmouth,
MA. This property is located in a Zoning District R-40 and the petitioners seek to add a deck measuring
25 feet wide by 14 foot deep on the rear of their home which will encroach into the side setback. The
petitioner did a very fine job of representing himself and the merits of the petition. The deck, if
constructed will be 7.5 feet from the easterly sideline of the lot. Speaking in favor of the petition was
Mr. O'Neill and speaking in opposition to the petition was Mr. Garland who, as the most affected
neighbor, felt that the addition would be too close to the sideline of his property. No exhibits were
received at the hearing.
Contrary to Mr. Garland's assertion,the Board did not believe that the grant of a Special Permit would
result in any undue nuisance, hazard nor congestion nor would it be a substantial detriment to the
existing or future character of the neighborhood or town. In truth, the petitioners could put a patio on
the exact same footprint of the proposed deck and would need no relief to do so. Alternatively, they
could use no deck but enjoy their property to the same extent that they would on a deck. Therefore, no
undue nuisance, hazard nor congestion would, in the Board's opinion, result should the Special Permit
be granted.
A motion was made by Mr. Martin, seconded by Mr. Fraprie to grant the Special Permit, without
conditions and on this motion a roll call vote was taken and all parties, inclusive Mr. Igoe who
appeared by Zoom voted in favor of the motion and so the Special Permit was granted on a vote of 5-
0. The members voted as follows:
Mr. Igoe AYE
Ms. Homer AYE
Mr. Fraprie AYE
Mr. Martin AYE
Mr. DeYoung AYE
As to the request for relief by variance, in light of the Special Permit,the petitioner requested that the
variance petition be withdrawn, without prejudice and on a motion made by Mr. Martin, seconded by
Mr. Fraprie,the Board, by roll call vote, allowed that the requested relief be withdrawn. The members
voted as follows:
Mr. Igoe AYE
Ms. Homer AYE
Mr. Fraprie AYE
Mr. Martin AYE
Mr. DeYoung AYE
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)
ia414.....
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 #4956 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