HomeMy WebLinkAbout4988 67 Eldridge Rd Decision Certified 01.17.23FILED 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 lot 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.
A TRUE COPY ATTEST:
CMMCJI CMC 1 TCWNV CLERK .
JAN 17 202
Accordingly, a motion was made by Mr. Martin, seconded by Mr. Frapric, 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
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 #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.
U
Mary A. Maslowski
!AN 17 2023
A TRUE COPY ATTEST:
CheAc JAN i Til"LLr,K
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4988 Date: January 17, 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:
Jay Porrazzo and Theresa M. Porrazzo
98 Whittier Road
Medford, MA 02155
Affecting the rights of the owner with respect to land or buildings at: 67 Eldridge Road, South Yarmouth, MA,
Map 25, Parcel 163; Zoning District: R-25; Title: Book 30773, Page 167 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 tails 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.
CWAYI C;MC 1-TOWN CLERK
JAN 17 2023