HomeMy WebLinkAbout4970 114 Quartermaster Row Decision Recorded 09.20.22 Gk 3$377 Ps 91 44-6890
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0. TOWN OF YARMOUTH
) BOARD OF APPEALS
It" 5� DECISION a
22
FILED WITH TOWN CLERK: August 22,2022
A TRUE CbPY ATTEST;.
PETITION NO: 4970
HEARING DATE: August 11,2022 CMhtio mC TOWN CL.ER1
PETITIONER: y P 1
Stephen and Michelle Crowley -2022
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PROPERTY: 114 Quartermaster Row, South Yarmouth,MA
Map 86,Parcel 87
Zoning District: R-40& Aquifer Protection District
Title: Book 23759,Page 246
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,Sean Igoe,Dick Neitz,
Dick Martin,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 petitioners Stephen and Michelle Crowley who seek the grant of a Special Permit and/or
Variance in connection with their property located at 114 Quartermaster Row, South Yarmouth,
MA which property is located in an R-40 zoning district and within the Aquifer Protection District.
The relief sought is in connection with front setback relief for a proposed porch. The petition was
presented by Mr.Kittredge Holmes whose company will build the proposed farmers porch. He did
a fine job in presenting the petition and explaining the need for relief to the Board.
Property is a corner lot abutting Abbott Road and Quartermaster Row. It bears an address on
Quartermaster Row though either road could be considered as where the house location should be
noted. The proposal is very modest and seeks to add an 8' x 32' porch to the front of the existing
single-family dwelling. As planned, the southeasterly corner would be 29.4 feet from
Quartermaster Row,assuming the roadway to be fully developed which it is not.Each of the Board
members thought that the relief sought was regrettable and that it was only necessitated by the fact
that the lot is a corner lot and, each member felt that the request for relief was diminimis and in
keeping with prior decisions of the Board as it relates to corner lots. No one spoke in favor or
against the petition and no exhibits were received during the hearing. After closing the hearing to
public input, the Board discussed if the petition met the requirements for a Variance instead of a
Special Permit because there was no existing non-conformity.The shape of the lot and the position
of the house on the lot is a hardship and a justification for a Variance. The Board members
expressed their support of the petition as related to the request for a Variance finding.By granting
the requested relief, no undue hazard, nuisance nor congestion would result and that the relief
could be granted without detriment to the existing or future character of the neighborhood or town.
The petitioners' representative acknowledged and agreed that if the Variance is granted, then the
request for Special Permit should be withdrawn, without prejudice. A roll call vote was taken on
the motion made by Mr. Igoe and seconded by Mr. Neitz to grant the Variance without conditions
Bk 35377 Pg92 #46890
and the vote was as follows:Mr.Mantoni-Aye;Mr.Igoe-Aye;Mr.DeYoung-Aye;Mr.Neitz-Aye;
and Mr. Martin-Aye.Therefore,the Variance without conditions was granted.A motion was made
by Mr. Igoe and seconded by Mr. Martin to allow for the withdrawal of the request for a Special
Permit, such withdrawal to be without prejudice. A roll call vote was taken on this motion with
the Board voting unanimously in favor of the request. Therefore, the Special Permit request was
withdrawn,without prejudice.
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 #4970 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.
TA4. 4).
Mary A. Mas 4ski
SEP 19 2022
A TRUE COP r aTrEST.
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Bk 35377 Pg93 #46890
-o�rdik COMMONWEALTH OF MASSACHUSETTS
_41-- ,\•1, TOWN OF YARMOUTH
o :v. _.: r 1 y BOARD OF APPEALS
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Petition #: 4970 Date: September 12,2022
Certificate of Granting of a Variance
(General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been
granted to:
Stephen and Michelle Crowley
114 Quartermaster Row
South Yarmouth,MA 02664
Affecting the rights of the owner with respect to land or buildings at:
114 Quartermaster Row,South Yarmouth,MA; Map#: 86; Parcel#: 87; Zoning District: R-40 &
Aquifer Protection District; Book/Page: 23759,246 and the said Board of Appeals further certifies that the
decision attached hereto is a true and correct copy of its decision granting said Variance,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 Variance, 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 DeYoung, Chairman
BARNSSAStE REGIS'f RY OFister DEEDS x , , Y
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BAR !ABLE C.oUN-YY Agivi'hiiC CMC fv-C LERK
REGISTP.Y OF DEEDS t> `�' r r
A T I I IJE COPY,ATTEST 1 ,,ti _ _ J ; x
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