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HomeMy WebLinkAbout5001 36 Appleby Rd Decision Certified 02.24.23YARMLIUM4 TOWN CLERK FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION February 24, 2023 5001 February 9, 2023 Lelivone M. Ferreira PROPERTY: 36 Appleby Road, West Yarmouth, MA Map 32, Parcel 143 Zoning District: R-25 Title: Book 21584, Page 112 Land Court Lot #8 Plan: Book 71, Page 117 '201F E—A 24c)� :0 7 RE MEMBERS PRESENT AND VOTING: Steven DeYoung, Doug Campbell, John Mantoni, Jay Fraprie and Sean Igoe. 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 is Lelivone Ferreira who did a fine job of representing herself in seeking alternative relief for her property located at 36 Appleby Road, West Yarmouth, Massachusetts. This property is located in an R-25 zoning district. The petitioner seeks either the grant of a Special Permit pursuant to bylaw § 104.3.2 (2) or a Variance pursuant to §203.5 for front setback relief. The site has a newly constructed, L-shaped deck located in the side area of the house which faces Pinewood Road. This property is on a corner lot and its true frontage is on Appleby Road. The deck replaced an existing deck and is on the same footprint except that a staircase has been moved. The Board has historically considered relief on a corner lot and what would be otherwise the side yard if not for the intersecting roads. This deck is essentially built within the side yard though it faces Pinewood Road. The Board noted that Pinewood Road is a dead end. Further, the Board found that the relief should be by way of Special Permit and that in this instance it was shown that there would be no undue hazard nuisance nor congestion caused should relief be granted and that the deck structure would not be a substantial detriment to the present or future character of the neighborhood or town. A TRUE COPY ATTEST. CM116 I MC 1 TOWN CLERK MAR 16 2023 A motion was made by Mr. Igoe, seconded by Mr. Fraprie to grant the request for a Special Permit. On this motion made and seconded, a roll call vote was taken with all members voting in the affirmative in support of the motion. Subsequently, the requested Variance was allowed to be withdrawn, without prejudice. 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, 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 #5001 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. NTaslowski MAR 1 6 2023 A TRUE COPY ATTEST: G MC 1 T0WN CLERK MAR 16 2023 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5001 Date: March 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: Lelivone M. Ferreira 36 Appleby Road, West Yarmouth, MA Affecting the rights of the owner with respect to land or buildings at: 36 Appleby Road, West Yarmouth, MA; Map 32, Parcel 143; Zoning District: R-25; Title: Book 21584, Page 112; Land Court Lot #8; Plan: Book 71, Page 117 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, Chair A TRUE COPY ATTEST C4;� MAR is mi