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HomeMy WebLinkAbout4976 175 Pine Grove Rd Decision Certified 10.19.22 N0 TOWN OF YARMOUTH BOARD OF APPEALS 0 " y DECISION Y 44 ia rrACMtt FILED WITH TOWN CLERK: September 28, 2022 PETITION NO: 4976 HEARING DATE: September 8,2022 PETITIONER: Deborah and Michael Farrell 87 Browns Beach Road Bristol, NH 03222 PROPERTY: 175 Pine Grove Road, South Yarmouth, MA Map 25, Parcel 200 Zoning District: R-25 Title: Book 34913, Page 163 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Jay Fraprie and 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 Deborah and Michael Farrell of 175 Pine Grove Road, South Yarmouth, MA which property is in a R-25 zoning district. The applicant seeks either a Special Permit and/or a Variance to increase the height of the house within front setback in order to meet building code standards and flood zone requirements. The property is located in an AE Flood Zone. The house was built in 1937 and had been used seasonally. The petitioners are renovating the house for year-round use with the cost of the proposed work exceeding 50% of the market value of the property. The house will be raised from a height of 14' 7"to 20' 11 1/4"within the same footprint. Vertical boards on the exterior of the house will be 1 x 8 red cedar. The house will have a poured foundation with flood vents cutting through the foundation. A TRUE COPY ATTEST: Wliht,,,a YR/46)44 0 CMMC/CMC i t LVvy CLEKK OCT 19 2022 While an abutter spoke about flooding concerns during construction at 175 Pine Grove Road, the Board noted that the water table is high in the area and flooding is not the responsibility of the petitioner. Mr. Igoe moved to grant the Special Permit with the condition that the exterior of the house be as represented on the plans with the same material, and Mr. Mantoni seconded this motion which passed on a roll call vote of 4-0. The petitioner asked that the requested relief of a Variance be withdrawn,without prejudice and a motion was so made by Mr. Igoe and seconded by Mr. Fraprie and upon this motion and by roll call vote the Board voted unanimously in favor and, so therefore, the Variance request was allowed to be withdrawn, without prejudice.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, Chan man 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 #4976 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. aslowski OCT 19 2022 A TRUE COPY ATTEST kkeyttaNkahtitz4, t,WA;/LMC/ I C;WN CLt_KK OCT 1 9 2022 oAk COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH © � y BOARD OF APPEALS 4,41' *cNEt�j Petition #: 4976 Date: October 19, 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: Deborah and Michael Farrell 87 Browns Beach Road Bristol,NH 03222 Affecting the rights of the owner with respect to land or buildings at: 175 Pine Grove Road, South Yarmouth, MA; Map #: 25; Parcel#: 200; Zoning District: R-25; Book/Page: 34913, 163 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:A ,474L1--aH.(/ MMC 7 G M C/ FOWN CLERK OCT 1 9 2022