HomeMy WebLinkAbout4976 175 Pine Grove Rd Decision Recorded 10.21.22 Bk 35437 P982 12090
10-21-2022 a 01 :54c:►
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.,k'%�-" ;\,0• TOWN OF YARMOUTH
Sis[ BOARD OF APPEALS
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`''% DECISION
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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 _
htexta Aicariimiii.4_,
CMMC/CMG/TOWN CLERK
OCT 19 2
Bk 35437 Pg83 #52090
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withdrawn, without prejudice and a motion was so made by Mr.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 Iapse if a substantial use thereof has not begun within 24 months. (See
bylaw §103.2.5, MGL c40A §9)
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Steven DeYoung, Chan
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.
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Atd.
1471)4-. 4)
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Mary A. aslowski
OCT 19 2022
A'TRUE COPY ATTEST:
CAM/CtirC 1 TPWN CL%F,K
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•.oc i 9 2Q22
Bk 35437 Pg84 #52090
`Y4ii, COMMONWEALTH OF MASSACHUSETTS
; - . BOARD o TOWN OF YARMOUTH
'� � OF APPEALS
' t�T4 CNij
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.
)647...4.Sec)...
Steven DeYoung, Chairman
A TRUE COPY ATTEST:
BARNSTABLE REGISTRY OF DEEDS CMMMC. CMC/TIMAWCLERK
John F. Meade, Register
IEJAhi k I ABLE COUNTY i -OCT 1'9 2022
REGISTRY OF DEEDS
A TRUE COPY,ATTEST
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_`�OHN F.I`,MFT:iE,REGISTER