HomeMy WebLinkAbout5000 52 Springer Ln Decision 02.02.23LITHRM01 l g H T_0WN C1rlr= R K
TOWN OF YARMOUTH
C BOARD OF APPEALS
. gar
DECISION
fACNE�
FILED WITH TOWN CLERK: February 2, 2023
PETITION NO: 5000
HEARING DATE: January 26, 2023
'23FE AH. 1:3I_ REC
PETITIONER: Stanford H. Hartshorn, III and Susan E. Hartshorn
109 Cherry Street, Gardner, MA
PROPERTY: 52 Springer Lane, West Yarmouth, MA
Map 31, Parcel 146
Zoning District: R-25
Title: Book 22295 Page 329
MEMBERS PRESENT AND VOTING: Sean Igoe, Jay Fraprie, Dick Neitz, and Tim Kelley.
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 Applicant seeks a Special Permit per § 104.3.2(2) and/or Variance per §203.5 for front &
side setback relief to build a front porch and extend the existing addition on a pre-existing,
nonconforming structure.
The property is located in the R-25 zoning district and is improved with a one-story, single-
family structure having 3 bedrooms, and constructed in 1985. The property contains
approximately 7,875 square feet. The house encroaches into the front and side setbacks. The
existing building coverage is 11.4%.
The proposal is to leave the current structure in place and create an additional 300 square feet of
habitable space by replacing the existing deck with a family room and extending the existing
addition forward to match the front of the house. The habitable space does not include a
proposed front porch. The open front porch would measure —15 feet long by 4 feet wide. One
abutter sent a letter in support of the project.
While initially concerned about a front porch located —26 feet at the closest point instead of the
required 30 feet, the Board concurred that the front porch is an attractive improvement and
would not be detrimental to the neighborhood.
The Board agreed to approve the Special Permit, as requested, with the following condition: The
petitioner submits an amended plot plan to show front and side setback measurements.
A Motion was made by Mr. Fraprie, seconded by Mr. Kelley, to grant the Special Permit as
requested, with the stated condition. The members voted unanimously as follows:
Mr. Fraprie
AYE
Mr. Neitz
AYE
Mr. Kelley
AYE
Mr. Igoe
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)
Sean Igoe, Vice Chair
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 #5000 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