HomeMy WebLinkAboutDecison 4954 - 47 McNamara Ave WY TC Certified 06.22.224- Yitie
O TOWN OF YARMOUTH
5., J
G BOARD OF APPEALS
0 = :_ _ .' y. DECISION
7 fi,C NEt6
FILED WITH TOWN CLERK: May 31, 2022
PETITION NO: 4954
HEARING DATE: May 12,2022
PETITIONER:
PROPERTY:47 McNamara Avenue,West Ya mo ,MA
Map 66,Parcel 46
Zoning District: R-40
Title: Book 31323,Page 41
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,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 Henry S. Marc who seeks relief in the alternative in connection with property
located at 47 McNamara Avenue, West Yarmouth, MA property in a R-40 Zoning District.
Specifically,the applicant seeks to add a 16' x 20' deck to a pre-existing nonconforming
structure.
The petitioner did an excellent job of presenting.the request for relief. The petitioner's lot fronts
on McNamara Avenue but is a corner lot with Hastings Avenue merging at his southerly corner.
The structure proposed is a deck of 16' x 20' which is designed to square off the southerly end of
the home. This will be an open deck adjacent to the existing sunroom. The structure is on the rear
of the home. The relief is necessary because of Hastings Avenue located at the rear of the home.
When constructed, the deck will be 23.26 feet from Hastings Avenue. No one spoke in favor of
the petition nor in opposition and no exhibits were received at the hearing.
Historically, the Board has considered the relief necessary in circumstances such as this to be
that of a Special Permit. The Board had discussion and the members agreed that the grant of the
relief sought by the petitioner by way of Special Permit would cause no undue hazard, nuisance
nor congestion nor would it be a detriment to the existing or future character of the neighborhood
or town. A roll call vote was taken on a motion made by Mr. Martin, seconded by Mr.Fyaprie to
grant the Special Permit, without conditions. A roll call vote was taken as follows: Mr. Martin-
aye, Mr. Fraprie-aye and Mr. DeYoung-aye. As the vote required 4 affirmatives-to grant thew
artaZUE PYATTEST: .
CIS MC 1 CMC i TCJVVN CLERK
JUN 2 2 2022
relief, Mr. Igoe certified that he watched the video of the meeting and also voted aye. The
Special Permit was, therefore, granted without condition. The petitioner had asked that the
request for Variance be withdrawn, without prejudice and a roll call vote was taken on a motion
made by Mr. Martin and seconded by Mr. Igoe with the following results: Mr. Martin-aye, Mr.
Fraprie-aye Mr. DeYoung-aye and Mr. Igoe-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 §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, Ch ' man
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 #4954 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.
Tthe WIX4i-htialkf
Mary A. Maslowski
JUN 2 2 2022
A TR PY ATTEST:
AC:/Cl'A,/ It;V41vCLEKK
AuN 2 2 lo22
Yq COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
41.
Petition #: 4954 Date: June 21,2022
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:
Henry S. Marc
47 McNamara Avenue, West Yarmouth, MA
Affecting the rights of the owner with respect to land or buildings at: 47 McNamara Avenue,West Yarmouth,
MA; Map #: 66; Parcel#: 46; Zoning District: R-40; Book 31323,Page 41 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.
Steven S. DeYoung, airman
UE GO TTEST• .
ski r RAN CLERK
JUN 2 2 2022