Loading...
4973 219 Pleasant St Decision Petition Withdrawn TC 09.30.22 TOWN OF YARMOUTH , m BOARD OF APPEALS © - . DECISION r cos* FILED WITH TOWN CLERK: September 30, 2022 PETITION NO: 4973 HEARING DATE: August 25, 2022 PETITIONER: James and Mora Modisette PROPERTY: 219 Pleasant Street, South Yarmouth, MA Map 51,Parcel 12.3 Zoning District: RS-40 Land Court Lot#3,Plan #28577-A Certificate of Title#226444 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick Martin,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 petitioners are James and Mora Modisette of 219 Pleasant Street, South Yarmouth,MA which property is in a RS-40 zoning district.The applicant seeks either a Special Permit and/or a Variance for front setback relief to construct a 55' x 35' barn with unfinished second floor. Trevor Meyer, Meyer and Sons Builders, represented the petitioners and provided a project overview, including that: • The shape of the lot is long and linear. • The corner lot is heavily vegetated, and the distance from the proposed barn to Aunt Janes Road is 35 feet(15 feet of that distance is vegetated buffer). • The lot coverage would increase from 4.7%to 8.9%. • The proposed 55' x 35' barn would have 3 garage doors. Since the lot is conforming, the Board cannot grant a Special Permit. Even with the shape of the lot, the lot is large enough to position the barn elsewhere on the lot. The petitioner has not demonstrated a hardship and does not meet the criteria for a Variance. The Board also expressed concern that the proposed barn is two-and-a-half stories high which is out of character for any neighborhood in Yarmouth, and that the proposed barn's plumbing for a sink can easily become a bathroom at a later date. Though ultimately not invited to speak, several people appeared at the hearing in opposition to the petition. Several letters in opposition had also been received by the Board prior to the hearing. The petitioner's representative requested that the petition be allowed to be withdrawn, without prejudice. A motion was made by Mr. Igoe, seconded by Mr. Martin to allow the withdrawal of the petition, without prejudice. On this motion the Board, by roll call vote, voted unanimously in favor and the petition was,therefore, allowed to be withdrawn and without prejudice. )t=, Steven DeYoung, Chairman