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HomeMy WebLinkAbout4998 3 Windemere Rd Decision Certified 02.28.23FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: �'4{` ,Le i°N dam'= TOWN OF YARMOUTH BOARD OF APPEALS DECISION February 28, 2023 4998 February 23, 2023 Paul J. Spuria and Anna G. Spuria, Trustees of the Paul and Anna Spuria Family Trust PROPERTY: 3 Windemere Road, West Yarmouth, MA Map 21, Parcel 47 Zoning District: R-25 Title: Book 296835 Page 1 MEMBERS PRESENT AND VOTING: Steven DeYoung, Sean Igoe, Jay Fraprie, and Richard Martin 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) as allowed, to raze and replace a one-story dwelling with a two -story -dwelling, increasing the height in both side setbacks. The Property is located in the R25 Zoning District and is improved with a one-story single- family structure having 3 bedrooms, and constructed in approximately 1950, which lot contains 5,000 square feet. The lot is shown on a plan dated 1925 (Plan Book 14, Page 67), and pre -dates zoning regulations in the Town of Yarmouth, and abuts Mill Creek and Lewis Bay. An amended plan was filed in 1930 (Plan Book 47, Page 113), and shows a structure on the lot at that time. This lot has 50 feet of frontage on Windemere Road and is 100 feet deep. The existing house complies with the front yard setback and the rear setback, but encroaches into the westerly side setback by approximately 4 feet and easterly side setback by approximately 5 feet. The lot is in flood elevation 11 and the Velocity Zone elevation 13. The existing building coverage is 229%. The proposal is to remove the existing home and replace it with a modular home, consisting of 3 bedrooms on 2 stories. The new structure will comply with all flood zone requirements, and will continue to comply with the front yard and rear yard setbacks. The house will also improve the westerly setback encroachment by 1 foot, and the easterly encroachment by 4 inches. The lot coverage will increase to 24.98 %, a total of 101 square feet. A new Title 5 septic system will be installed to serve the property. The project has already been presented to th ARLJroPY ATTEST. e aH�+ e �ri �,'v I f Li��iIV CLl�f. MAR 3 2023 Conservation Commission, which issued an Order of Conditions on July 14, 2022, and which is recorded in the Barnstable County Registry of Deeds. Mitigation plantings are required on the beach side of the property, where none exist now. The driveway will consist of pervious materials, and gutters and downspouts will be directed to dryweils on site. The reason for the Special Permit request is that the petitioner proposes to add a second floor which will encroach into both side setbacks. The new living space above will be further from both side boundaries than is the existing structure. The house was designed to have 3 windows on the second floor facing the abutting property to the west. The abutting property to the east is a large grassy area housing the septic system for the condominium located there, and the nearest structure to the proposed dwelling will be approximately 60 feet away, and will not create any privacy issues with the abutting neighbor. Both abutting structures are 2 stories in height currently. There were no abutters who appeared in opposition to the request. The Board discussed the request for a Special Permit, and agreed that any proposed extension of the structure on this lot, if not encroaching any further into setbacks than the existing structure, would not be substantially more detrimental to the neighborhood than is the existing non -conforming structure. In addition, the Board found 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. A Motion was made by Mr. Martin, seconded by Mr. Fraprie, to grant the Special Permit as requested, without conditions. The members voted unanimously, by roll call vote, as follows: Mr. DeYoung AYE Mr. Fraprie AYE Mr. Martin 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) Steven DeYoung, Chair A TRUE COPY ATTEST; 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 #4998 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 MAR 2 3 2023 A TRUE COPY ATTEST -!h MAR 2 3 2023 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 4998 Date: March 21, 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: Paul J. Spuria and Anna G. Spuria, Trustees of the Paul and Anna Spuria Family Trust Affecting the rights of the owner with respect to land or buildings at: 3 Windemere Road, West Yarmouth, MA; Map 21, Parcel 47; Zoning District: R-25; Title: Book 29683, Page 1 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. 000� t8�-- Steven DeYoung, Chair A TRUE COPY ATTEST T&Au'-a- fi� L., ai Uirly I1. lt.v€V CLL -:f:A MAR 2 3 2023