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HomeMy WebLinkAbout4990 21 Franklin St Decision Certified 04.04.23YARMO NTH TOWN CLERK FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY LOCATION: TOWN OF YARMOUTH BOARD OF APPEALS DECISION April 4, 2023 4990 March 9, 2023 Roger Richer and Donna LaCroix 21 Franklin Street, West Yarmouth, MA Map & Parcel: 22.257 Zoning District: R-25 Book 34413, Page 209 MEMBERS PRESENT AND VOTING: Steven DeYoung, Sean Igoe, Richard Martin, 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 as stated above. The petitioners are Roger Richer and Donna LaCroix, 21 Franklin Street, West Yarmouth, Massachusetts, which property is located in a R-25 zoning district. The petition was well - presented by the petitioners who explained that they were seeking a Special Permit in connection with their property to allow construction of a new exterior basement access with a roof extension above in the side yard, and, which, when completed, would encroach by 1.9 feet into the sideline setback and, a front roof overhang over the main entryway which would extend into the front setback by 19 feet. Alternative relief by way of Variance was requested though the Board did consider this as a matter warranting a Special Permit. The Board had the benefit of correspondence from Stephen Clayton, who together with his wife, Susan stated their lack of objection to the proposed work. No other correspondence was received. No witnesses spoke in favor, or against the petition, and no exhibits were received during the hearing. The hearing on this petition originally opened on January 12, 2023. The plot plan provided to the Board at that time did not provide distances to lot lines so as to allow the Board to calculate how much encroachment would occur if relief were granted. The petitioner was asked to provide this A TRUE COPY ATTEST. T Ft4v'. N4WX44 —000 c:MC / TOWN CLERK APR 2 5 2023 information which they did through a revised plan, dated January 18, 2023, and which was available for the Board on March 9, 2023 to review. The petitioners hope to install a 2' x 6.8 ` front door overhang which, when built, will be approximately 29.1 feet from Franklin Street. The proposed stairs leading to the basement will have a slight door overhang which will encroach by 1.9 feet into the side yard setback. Of note, this property is a corner lot with Franklin Street to the front and Berry Avenue to the westerly side. The Board unanimously agreed relief could be granted by Special Permit, and the petitioners have demonstrated that they met the criteria for a Special Permit. Accordingly, Mr. Igoe moved, and Mr. Mantoni seconded a motion to approve the grant of a Special Permit, without conditions, which motion was unanimously voted in favor of by the Board on a 4-0 roll call vote. Mr. Mantoni AYE Mr. Igoe AYE Mr. Martin AYE Mr. DeYoung AYE At the request of the petitioners, their alternative relief of a Variance was considered for withdrawal, without prejudice, on a motion made by Mr. Igoe and seconded by Mr. Martin, which motion was granted on a 4-0 voice vote. 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 Variance shall lapse if a substantial use thereof has not begun within 12 months. (See MGL c40A § 10) 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 #4990 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 APR 2 5 2023 A TRUE COPY ATTEST. I NA4&WJ1--f / NBC / `l'C?WN CLERK APR 2 5 2023 o�. --* COMMONWEALTH OF MASSACHUSETTS ._ o TOWN OF YARMOUTH o -- y BOARD OF APPEALS Petition #: 4990 Date: April 25, 2023 Certificate of Grantin2 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: Roger Richer and Donna LaCroix Affecting the rights of the owner with respect to land or buildings at: 21 Franklin Street, West Yarmouth, MA; Map & Parcel: 22.257; Zoning District: R-25; Book 34413, Page 209 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 '�hG 1 "Ii�ifVN C��i=hK APR 2 5 2023