HomeMy WebLinkAbout4986 49 Carver Road Decision Recorded 12.08.22Bk 35530 Pg241 #60502
12-08-2022 @ 02:59p
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
November. 15, 2022
498E
November 10, 2022
Sarah K. Perkins
49 Carver Road, West Yarnxouth,117A
Map 30, Parcel 127
Zoning District: R 25
Titles Book 31107, Page 115
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Fraprie,
John Mantoni and Sean Igoe.
Notice of the hearm' g 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 Tienes, 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
conning 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-Gar 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. pproximately
i 10 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.
A TRUE COPY ATTEST:
C&A.MCY (: 4C l TOWN CLr'_-R C
DEC - 6 2022
Bk 35530 Pg242 #60502
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. Mantoni, 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
front 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 Pernvt 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 ceilify that 20 days have
elapsed since the tiling 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.
A;�e-
TW#X444
Mary A. Maslowski
DEC -- 6 2022
A TRUE COPY ATTEST:
DEC - 6 2022
Bk 35530 Pg243 #60502
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4986 Date: December 6, 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:
Sarah K. Perkins
49 Carver Road
West Yarmouth, MA 02673
Affecting the rights of the owner with respect to land or buildings at: 49 Carver Road, West Yarmouth, MA
Map #: 30; Parcel #: 127; Zoning District: R-25; Title: Book 31107, Page 115 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 (Iast 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,
JOHN F. MEADE, REGISTER
BARNSTABLE COU jXL&EQ1!'R9 DEEpS
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