HomeMy WebLinkAboutDecison 4953 - 161 Springer Lane WY Recorded 06.27.22 Bk 35213 Pg109 #32734
06-27-2022 @ 02 : 28p
• J,._ " TOWN OF YARMOUTH
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FILED WITH TOWN CLERK: June 1, 2022
PETITION NO: 4953
HEARING DATE: May 12,2022,continued to May 26,2022
PETITIONER: Henry E. Cassidy,Jr. and Gail Cassidy, Trustees of the
Henry E. Cassidy,Jr.Trust and the Gail Cassidy Trust
PROPERTY: 161 Springer Lane,West Yarmouth,MA
Map 23, Parcel 12
Zoning District: R-25
Title: Book 34796,Page 336
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,Sean Igoe,Jay Fraprie,
and Richard Martin . -4 ti ZU
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Notice of the hearing has been given by sending notice thereof to the Petitiift 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 Applicant seeks a Special Permit per §104.3.2(2) as allowed,to add a second floor to an
existing one-story dwelling, a portion of which is to be located in the westerly side setback.
The Property is located in the R25 Zoning District and is improved with a one-story single
family structure having 3 bedrooms, and constructed in approximately 1978. This lot is a corner
lot,having approximately 279 feet of frontage on both.Rainbow Road and Springer Lane. The
property contains approximately 19,710 square feet. The house complies with both front yard
setbacks and the northerly side setback, but encroaches into the westerly side setback by 2.5 feet.
The existing building coverage is 13.1%. There is approximately a total of 90 square feet which
encroaches into the side setback.
The proposal is to leave the current structure in place, add a second story, and add some small
additional footprint. All of the additional footprint will comply with the setbacks. The reason for
the Special Permit request is that the petitioner proposes to add a second floor on the 90 square
feet which currently encroach into the side setback. The new living space above will not be any
closer to the side boundary than is the existing structure. The house was designed to have 2
windows on the second floor, both in a bedroom. This will not create any privacy issues with the
abutting neighbor. Building Coverage will increase slightly to 16.6%, and the structure will be
30.4 feet above grade at the street,which is 13 feet.
A TRUE COPY ATTEST: ,
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One abutter appeared and voiced his support of the project. The Board discussed the request for a
Special Permit, and agreed that any proposed extension of the structure on this lot, if not
encroaching any further into setbacks than the existing structure, would not be substantially more
detrimental to the neighborhood than is the existing non-conforming structure. In addition, the
Board found that no undue nuisance, hazard or congestion will be created and that there will be
no substantial harm to the established or future character of the neighborhood or town.
A Motion was made by Mr. Fraprie, seconded by Mr. Martin,to grant the Special Permit as
requested. The members voted unanimously, by roll call vote, as follows:
Mr. DeYoung AYE
Mr. Fraprie AYE
Mr. Martin AYE
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 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)
Airmfte&
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 #4953 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.
th4"---ya•Attant4if •
Mary A. Maslowski
TUE COP TTEST: JUN 2 3 2022
CM,C/TOWN CLERK
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( `� � COMMONWEALTH OF MASSACHUSETTS
_ `*Y TOWN OF YARMOUTH
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BOARD OF APPEALS
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Petition #: 4953 Date: June 22,2022
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 E. Cassidy, Jr. and Gail Cassidy
Trustees of the Henry E. Cassidy,Jr. Trust and the Gail Cassidy Trust
161 Springer Lane, West Yarmouth,MA
Affecting the rights of the owner with respect to land or buildings at: 161 Springer Lane, West Yarmouth, MA;
Map #:23; Parcel#: 12; Zoning District: R-25; Book 34796, Page 336 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 S. DeYoung, Chairman
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JOHN F. MEADE, REGISTER
eMMC/CMC I TC'i 'N CLERK BARNSTABLE COUNTY REGISTRY OF DEED:
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