HomeMy WebLinkAbout4986 49 Carver Rd Decision TC 11.15.22 ' ' �;'. TOWN OF YARMOUTH
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APPEALS
`t" �4 r2' DECISION
FILED WITH TOWN CLERK: November 15,2022
PETITION NO: 4986
HEARING DATE: November 10,2022
PETITIONER: Sarah K. Perkins
PROPERTY: 49 Carver Road, West Yarmouth,MA
Map 30, Parcel 127
Zoning District: R-25
Title: Book 31107,Page 115
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Fraprie,
John Mantoni and Sean Igoe.
Notice of the hearing has been 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 held on the date stated above.
The Petitioner seeks a Special Permit pursuant to Section §104.3.2 for side setback relief to
construct an attached two-car garage with living space on second floor on a pre-existing
nonconforming structure.
The Property is located in the R25 Zoning District and is improved with a two-story single-
family structure having 3 bedrooms and 2 baths, and constructed in approximately 1952, on a lot
containing 7,999 square feet of area. The existing structure conforms with the current front yard
and one side yard setback, but encroaches 1 foot into the rear 20-foot setback and approximately
6 feet into the other side setback. Lot coverage is 15.3%.
The proposal is to attach a 2-car garage to the westerly side of the property, and to construct new
living space on the second floor, to be attached to the existing living space. The front yard
setback will continue to be compliant, but the setback on the new addition side of the property
will be 9.6 feet. It should be noted that the abutting structure to the east will be approximately
110 feet away from this new garage. In addition, the structure closest to this new addition is a 2-
car garage itself. Lot coverage will be 21.3%and the height of the addition will not be taller than
the existing house. Bedrooms will increase from 3 to 4 and a new Title 5 septic system will be
designed and installed to accommodate the additional bedroom.
The abutter most affected by the construction of the addition spoke in favor of the relief.
The
Board then discussed the fact that the requirements of Section 104.3.2 of the Bylaw have been
met, and that the issuance of the Special Permit will not result in undue nuisance, hazard or
congestion and that there will be no substantial harm to the established or future character of the
neighborhood or town.
Accordingly, a motion was made by Mr. Martin, seconded by Mr. Manton, to grant the request
for the Special Permit, as requested, without conditions. On a voice vote of 5-0, the Board voted
unanimously in favor of the motion.
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)
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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#4986 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. Maslowski