HomeMy WebLinkAbout4962 9 Millard Rd Decision Recorded 09.02.22 Bk 3534 1 Po 1i�a = 4409 7
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- ..• . 147 TOWN OF YARMOUTH
iSr BOARD OF APPEALS
� �k. ,+�' DECISION
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FILED WITH TOWN CLERK: August 9,2022 )
PETITION NO: 4962 CMMC/MC/TOWN
HEARING DATE: July 14,2022
AUG 3 0 2022
PETITIONER: Don and Kathy Morrison
PROPERTY: 9 Millard Rd, South Yarmouth,MA
Map 34,Parcel 29
Zoning District: R-25
Title: Book 27063, Page 609
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Jay
Fraprie,John Mantoni.
Notice of the hearing was 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 was held on the date stated above.
The petition of Don and Kathy Morrison concerning property located at 9 Millard Road, South
Yarmouth, MA, such property being in a Zoning District R-25 seeks a Special Permit to increase
the height of their home which currently encroaches in the rear setbacks. Appearing for the
petitioner was George Avery of George Avery Carpentry who did a fine job with his presentation.
Mr. Don Morrison, the homeowner was also in attendance.
The existing home is a one bedroom ranch which is located in a flood zone. Accordingly, in order
to obtain a proper Elevation Certificate, the house needs to be raised 12 inches. The property sits
adjacent to Millard Road which has not been developed to the full taking/layout of the road. All
Board Members concurred that with the few houses on this road,there is no significant likelihood
that it will be developed or widened in the future. Therefore, each Board Member considered the
house actually well beyond the usual setback required. The construction will also include an
addition which will include an additional bedroom. Each Board Member thought that the request
was reasonable and that the relief needed was modest. The lot is, in itself, unique in its shape.
No one spoke in favor or in opposition to the petition. Two exhibits were received at the hearing,
the first being a plan showing beyond the existing footprint and the second being a larger version
of the site plan. During discussions on the merits of the petition,the Board felt that the relief could
be granted without creating any undue hazard, nuisance or congestion nor would it cause any
detriment to the existing or future character of the neighborhood or Town both as it is presently or
as it will become in the future. A motion was made by Mr. Igoe, seconded by Mr. Mantoni to grant
the request for the Special Permit without conditions. A roll call vote was made with the following
results: Mr. Mantoni-Aye; Mr. Igoe-Aye; Mr. DeYoung-Aye; and Mr. Fraprie-Aye and, the
Special Permit was therefore granted, without conditions. As to the petitioner's request for relief
by Variance,at his request the Board considered whether or not to allow withdrawal of this request
for relief, without prejudice, and a roll call vote was made with the following results; Mr. Fraprie-
Aye;Mr. Igoe-Aye;Mr.Mantoni-Aye;and Mr. DeYoung-Aye.Therefore,the request for the grant
of a Variance was allowed to be withdrawn, without prejudice on a unanimous vote.
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 #4962 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismiss or denied. ppeals have been exhausted.
Cti_RUE A7TE5T
Mary A. Maslowski � .
AUG 3 0 2022 ewe/C�;�;
AUG 3 0 2022
Y� •
�. COMMONWEALTH OF MASSACHUSETTS
.. TOWN OF YARMOUTH
�' BOARD OF APPEALS
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Petition #: 4962 Date: August 30, 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:
Don and Kathy Morrison
9 Millard Rd, South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 9 Millard Rd, South Yarmouth, MA;
Map #: 34; Parcel#: 29; Zoning District: R-25; Book/Page: 27063, 609 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 (lastparagraph) 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: .
WU-4101-44
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register CMMC/CMC/TOWN CLERK
AUG 3 0 2022