HomeMy WebLinkAbout4946 12 Vermont Ave Decision Certified 08.02.22 • ''Sp TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
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FILED WITH TOWN CLERK: July 12,2022 ' ' 1 "=�
PETITION NO: 4946
A TRUE (DPY 4TT
HEARING DATE: June 9,2022
PETITIONER: Robert& Leslie Vigneau i %
9 Cyndy Lane, Millbury,MA CMMC( MC/TOWN CLERK
PROPERTY: 12 Vermont Avenue,West Yarmouth,MA AUG - 2. 2022
Map 16,Parcel 20
Zoning District: R-25
Title: Book 33237,Page 181
MEMBERS PRESENT AND VOTING: Chairman Steve DeYoung,Jay Fraprie, Dick Martin,
and John Mantoni
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 petitioners are Robert and Leslie Vigneau who seek relief in connection with property located at
12 Vermont Avenue, West Yarmouth, MA. This property is in an R-25 zoning district and relief is
sought to allow for the existing structure to be lifted,the existing foundation to be removed and a new
foundation installed. This will allow for additional space for this modest home and its users. The need
for relief is due to the structure being a pre-existing, nonconforming single-family residence. Of
concern to the Board was the fact that the sketches and identified as elevation sheets for each side of
the building provided no actual height calculation. The petitioner informed and assured the Board that
the height would not be in excess of 35 feet. This was instrumental in the grant of relief.
The petitioner had not yet received the Conservation Commission's final Orders of Conditions. In
Board discussion, it was generally felt that relief could be granted, subject to any Conservation
Commission Orders of Conditions. Though the Board does not ordinarily grant front setback relief, in
this instance,while it would be further encroachment into the front yard,the encroachment was benign
in nature and actually enhanced the view of the property by creating landscape bed and stairs to
accommodate the new height of the building. No one spoke in favor or in opposition of the petition
and no new exhibits were received. Two (2) letters from abutters/interested parties (Wayne Carboni,
18 Vermont Avenue, West Yarmouth; and Kevin Morin who lives in Ludlow, MA and owns a home
at 17 Vermont Avenue, West Yarmouth) were both favorable to the grant of the relief sought by the
Petitioners.
The Board felt that the enhancement of this structure to both the utility of the petitioners and with
consideration given to neighbor property views, felt the allowance of the release accommodating a
flower bed and stairs would not cause any undue hazard, nuisance nor congestion and would be in
keeping with the character of the neighborhood and Town both at present and in the future. A motion
was made by Mr. Mr. Martin, seconded by Mr. Mantoni to grant a Special Permit as applied for by
the petition with the condition being that the petitioners would need to comply with any Orders of
Conditions and/or regulations from the Conservation Commission which,upon roll call vote,was voted
unanimously in favor. The Board then considered the petitioner's request to allow for the withdrawal
of the Variance without prejudice. A motion was made by Mr. Martin, seconded by Mr. Fraprie to
allow the withdrawal of the requested Variance which motion passed on a unanimous roll call vote in
favor.
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 #4946 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 AUG - 2 2022
A TRUE COPY ATTEST:
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WI-4411). flt46f
CA"MC/ ACi TOWN CLERK
AUG - 2 2022
pf v It COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
. '
Petition #: 4946 Date: August 2,2022
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:
Robert & Leslie Vigneau
9 Cyndy Lane,Millbury,MA
Affecting the rights of the owner with respect to land or buildings at: 12 Vermont Avenue, West Yarmouth,
MA; Map #: 16; Parcel #: 20; Zoning District: R-25; Book/Page: 33237, 181 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 DeYoung, Chairman
A TRUE COPY ATTEST:
LA/Lti,-6.)31.444?)(A-441
CMMC CMC/"ft Vvfv CLEF,K
AUG - 2 2022