HomeMy WebLinkAbout4957 414 Long Pond Dr Decision TC 07.08.22 Y.'1 eA
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G TOWN OF YARMOUTH
BOARD OF APPEALS
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FILED WITH TOWN CLERK: July 8,2022
PETITION NO: 4957
HEARING DATE: June 9, 2022
PETITIONER: Marie Caron
PROPERTY: 414 Long Pond Drive, South Yarmouth,MA
Map 69, Parcel 37
Zoning District: R-40
Title: Book 30876,Page 123
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,John Mantoni, 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, Marie Caron seeks relief pursuant to By-Law §104.3.2 (2) or pursuant to Table §203.5
in order to increase the height of a pre-existing nonconforming structure for property located at 414
Long Pond Drive, South Yarmouth, MA which property is in an R-40 zoning district. The petition was
well presented by Ms. Caron and her representatives.
Essentially, the project seeks to bring balance to the streetscape while increasing deliverable square
footage.The Board members were in agreement that the project would be done tastefully,be appropriate
for the neighborhood and cause no undue hazard,nuisance nor create any additional traffic flow. Several
Board members felt that the shed on the existing lot needed to be moved as it actually encroached on
the abutting lot. It was explained the encroachment was not intentional and occurred as a result of there
being an unused easement along the westerly border of the property.No new exhibits were produced at
the hearing. No one spoke in opposition to the petition. Tom Pendleton, 420 Long Pond Drive, an
interested party, spoke in favor of the petition.
Meeting the criteria for a Special Permit, a motion was made by Mr. Martin, seconded by Mr.
Fraprie. After discussion, a roll call vote was taken which resulted in all members being in favor of
the grant of a Special Permit on the condition that the shed be moved onto the petitioner's lot and not
be closer than 2 feet from the neighbor's land. After the grant of the Special Permit, a motion was
made by Mr. Martin, seconded by Mr. Fraprie,to allow the withdrawal of the request for relief by
Variance, such withdrawal to be without prejudice.A roll call vote was taken and all members voted
in favor of this petitioner's request.
- Mr. Mantoni: AYE
- Mr. Fraprie: AYE
- Mr. Martin: AYE
- Chairman 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)
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 #4957 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