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Home My WebLink About4989 61 Eldridge Rd Decision Recorded 01.09.23Bk 35584 Pg331 #1184 01-09-20.23 @ 02:18p TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED NVITI~I TOWN CLERK: December 12. 2022 PETITION NO. 4989 HEARING DATE: December $, 2022 PETITIONER: 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 Manton! 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 midge height ofpre=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 Distriet.and is currently improved with a 1 V7 story single family home built in approximately 1952. The property. also.has a shed and raised septic leaching field located in the rear ofthe property. The lot contains 9000 square feet and 60 feet of frontage on Eldridge Road. The Petitioners purchased the properly in.2005, at which time it consisted only of the 30-foot by 24-foot Cage. 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 Mould be 8.6 feet from the boundary, which is the same distance as the existing house. After the addition was constructed, the strictures sustained substantial damage due to a fire in March of 2021 Petitioners applied for a new building permit, but asked to construct a second level over the original house, to be unfinished, but for future living space. A TRUE COPY ATTEST. CM / WC r TOWN CLERK Bk 35584 Pg332 #1184 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.] 6.5 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 peinuts 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.thepettition, 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. ,BAN. } 5 2023 Bk 35584 Pg333 #1184 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 e40A 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 Pennit 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 CLFRK 1, Mary A. Maslowski, Town Clerk, Town of Yamiouth, 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. Mary A Maslowski JAN - 5.2023 A TRUE COPY ATTEST; JAN - 5 2023 Bk 35584 Pg334 #1184 COMMONWEALTH OF MASSACHUSETTS eA TOWN OF YARMOUTH BOARD OF APPEALS Vf ev 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: R45; Title: .Bookc 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 grantuig 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 l 1 (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 JOHN F. NEADE, REGISTER BARNSTA�COUSTRY OF DEED! ocrc Tn ncr n .0�0n&TTraT—