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Home My WebLink About4989 61 Eldridge Rd Decision Certified 01.05.23FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION December 12, 2022 4989 December 8, 2022 John F. Moynihan and Erin K. Moynihan PROPERTY: 61 Eldridge Road, South Yarmouth, MA, a/k/a 63 Eldridge Road, South Yarmouth, MA Map 33, Parcel 344.1 Zoning District: R-25 Title: Book 19553, Page 315 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 Petitioner seeks a Special Permit per § 104.3.2(2) to increase ridge height of pre-existing, nonconforming structure to 28 feet. In the alternative, the applicant seeks a Variance from §203.5 for side setback relief. The Property is located in the R-25 Zoning District and is currently improved with a 1 '/z story single family home built in approximately 1952. The property also has a shed and raised septic Ieaching field located in the rear of the property. The lot contains 9000 square feet and 60 feet of frontage on Eldridge Road. The Petitioners purchased the property in 2005, at which time it consisted only of the 30-foot by 24-foot Cape Cod style home, with one floor. That structure meets the front, right side, and rear setbacks, but encroaches into the left side setback by 6.5 feet, sitting 8.6 feet from that boundary. In 2012, the Petitioner secured a building permit to allow the construction of a 306 square foot one story addition to the right rear of the house, to allow more space for a family room and kitchen expansion. In 2021, Petitioner secured another building permit to construct a one story 12 x17 foot addition to house a master bathroom. That permit was issued by right as the addition would be 8.6 feet from the boundary, which is the same distance as the existing house. After the addition was constructed, the structures sustained substantial damage due to a fire in March of 2021. Petitioners applied for a new building permit, but asked to construct a second Ievel over the original house, to be unfinished, but for future living space. A TRUE COPY ATTEST. CM, 1 CMC 1 TOWN CLERK JAB` + 5 2023 A building permit was issued in August of 2022, and construction commenced. With 90% of the work done, the building department notified the owners on October 18, 2022, that relief from Section 104.3.2 would be required from the Zoning Board of Appeals for the reason that a portion of the second -floor addition was in the side setback. The Building Department did not require the Moynihans to cease and desist their construction, but rather, allowed them to continue construction at their own risk as long as an application was made to the Zoning Board of Appeals. The original house was 16.5 feet in height, and is now approximately 28 feet high. The second - floor space is unfinished and will remain that way until the Moynihans decide to add that space to the existing house, which will always remain as one single family dwelling. The lot coverage is approximately 14.5%. The second floor which faces south, and encroaches into the side setback, was designed with only 1 window on that side. There are also a number of trees and vegetation on that common boundary, which will still offer much privacy to the neighbor to the south. The Board found that the second -floor addition, although situated in the side setback, would not be substantially more detrimental to the neighborhood than is the existing non -conforming structure. In addition, the Petitioner sought and secured all needed permits from the Town of Yarmouth prior to construction, and that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. The Board found that the Applicants had clearly met all of the requirements of Zoning Bylaw Section 104.3.2(2) and that they were eligible for the issuance of a Special Permit. Accordingly, a motion was made by Mr. Igoe, seconded by Mr. Mantoni, to issue a Special Permit as requested, without conditions. The members voted by roll -call vote as follows: Mr. DeYoung AYE Mr. Igoe AYE Mr. Martin AYE Mr. Fraprie AYE Mr. Mantoni AYE The petitioner requested to withdraw the Variance portion of the petition, without prejudice, as it was the consensus of the Board that no such relief was needed. A motion was made by Mr. Igoe, seconded by Mr. Martin, to withdraw the request for relief in the form of a Variance. The members voted by roll -call vote as follows: Mr. DeYoung AYE Mr. Igoe AYE Mr. Martin AYE Mr. Fraprie AYE Mr. Mantoni AYE A TRUE COPY ATTEST Chil"Ja / CMC / TOWN CLL'r K JAN - 5 2023 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 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 #4989 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 . � Mary A.y Maslowski JAN - 5 2023 A TRUE COPY ATTEST. JAN - 5 2023 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 4989 Date: January 2, 2023 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: John F. Moynihan and Erin K. Moynihan 61 Eldridge Road South Yarmouth, MA 02664 Affecting the rights of the owner with respect to land or buildings at: 61 Eldridge Road, South Yarmouth, MA, a/k/a 63 Eldridge Road, South Yarmouth, MA; Map 33, Parcel 344.1; Zoning District: R 25; Title: Book 19553, Page 315 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- rkq#MJ4 i. M—`.1 U I (. UJ ; i'i C:6 N GLLF.K JEAN - 5 2023