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HomeMy WebLinkAbout4988 67 Eldridge Rd Decision TC 12.27.22FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION December 27, 2022 4988 December 8, 2022 Jay Porrazzo and Theresa M. Porrazzo PROPERTY: 67 Eldridge Road, South Yarmouth, MA Map & Lot #: 25.163 Zoning District: R 25 Title: Book 30773, Page 167 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard Martin, Jay Fraprie, and John Mantoni 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 Petitioners are Jay and Theresa Porrazzo who seek a Special Permit per § 104.3.2(2) to increase the ridge height of a pre-existing, nonconforming structure to 28 feet. In the alternative, the applicants seek a Variance from §203.5 for side setback relief. The Petitioners were represented at the hearing by Patrick Jacobs, the contractor who will be remodeling the home. The Property is located in the R-25 Zoning District. The Iot contains 8982 square feet and 60 feet of frontage on Eldridge Road. The house was built in 1960 and the Petitioners purchased the property in 2017. The Petitioners are requesting to build a second -floor addition with a Nantucket -style dormer, adding 667 square feet of living space. The ridge height would increase from 22.7 feet to 28 feet. The Board found that the second -floor addition, although situated in the side setback, would not be substantially more detrimental to the neighborhood than the existing non -conforming structure. The Board found that the Applicants met the criteria of Zoning Bylaw Section 104.3.2(2) and were eligible for the issuance of a Special Permit. Accordingly, a motion was made by Mr. Martin, seconded by Mr. Fraprie, to issue a Special Permit as requested, without conditions. The members voted by roll -call vote as follows: Mr. Mantoni AYE Mr. Igoe AYE Mr. Fraprie AYE Mr. Martin AYE Mr. DeYoung AYE The petitioner requested to withdraw the Variance portion of the petition, without prejudice. A motion was made by Mr. Igoe, seconded by Mr. Fraprie, to withdraw the request for relief in the form of a Variance, without prejudice. The members voted by roll -call vote as follows: Mr. Mantoni AYE Mr. Igoe AYE Mr. Fraprie AYE Mr. Martin AYE Mr. DeYoung AYE 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, Chairman CERTIFICATION OF TOWN CLERK 1, 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 #4988 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