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HomeMy WebLinkAbout4999 108 Breezy Point Rd Recorded 05.05.23Bk 35769 Pg265 #17526 05-05-20P-541s -[fDI AA3�P:RK FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION April 11, 2023 4999 March 23, 2023 John P. Hamel, Trustee of the Hamel Realty Trust of 2014 PROPERTY: 108 Breezy Point Rand, South Yarmouth, MA Map 34, Parcel 228 Zoning District: R-25 Title: Book 28023, Page 178 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard Martin, Jay Frapric and John Manton! Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owner's of property as required by law, and to the public by posting notice of the hearing and publishing in The Cape Cad Times, the hearing opened and held on the date stated above. The Petitioner seeks a Special Permit pursuant to Zoning Bylaw § 1043.2, in order to raze and replace a pre-existing non -conforming single family dwelling, 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 1954, with a detached shed, The lot contains 45,358 square feet of area, of which 6,455 square feet is upland. The lot is triangular in shape, and runs from the Breezy Point Road cul de sac, southerly to the riverfi•ont and Crowell Pond. The property is also surrounded by vegetated wetlands, a coastal bank, and sits in flood zone AE, elevation 12, The house is approximately 8.1 feet fi•orn the easterly side boundary, and 9 feet from the westerly boundary, but complies with the front and rear setbacks. The property also complies with the current lot coverage requirement, currently at 21%, as well as the height regulations of the Zoning Bylaw. There is a Title 5 septic system on the property, which is capable of handling the 3 bedrooms on site, which will remain. The applicant proposes to remove the existing house and shed, and to construct a 2 % story single family dwelling, having 3 bedrooms. The new footprint will be almost identical to the old footprint, except that the new structure will be 9.1 feet from the westerly boundary. The structure, to be built on slab, will be 3 inches further away from the easterly boundary to the house, and will retain the 8.1 feet fr-orn the easterly boundary to the stairs leading to the deck. Due to the environmental issues affecting the property, the Douse will comply with flood zone A TRUE COPY ATTEST: Fk4e- N�lwkj4f CVW.Q lay 1 T"J f N K Bk 35769 Pg266 #17526 requirements, with the bottom of the joists being built at 13.) feet, and the basement will be equipped with Smartvent flood vents, will remain unfinished, and will not house any mechanicals. The average grade at the street is 5.1 feet, and the structure will be 34.9 feet to the ridge, as shown on the plans. Lot coverage will increase to 23%, but still below the 25% maximum threshold. This project has been vetted by the both the Yarmouth Board of Health and the Yarmouth Conservation Commission, both of which have approved the plans, with the condition that the new structure contain only 3 bedrooms, and that 144 square feet of mitigation plantings be completed. There was neither opposition nor support voiced at the hearing or by correspondence. The Board was in unanimous agreement that the project would not be substantially more detrimental to the neighborhood, zoning district, or Town, than the existing non -conforming structure. In addition, the Board found that the proposal will not result in undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. Accordingly, a motion was made by Mr. Martin, seconded by Mr. Mantoni, to grant the Special Pen -nit, as requested, with the conditions as outlined in the Order of Conditions issued by the Yarmouth Conservation Commission, which said Order is recorded in the Barnstable County Registry of Deeds in Book 35549, Page 311. The members voted unanimously in favor of the motion. 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 aver filing of this notice/decision with (lie 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 #4999 that no notice of appeal of said decision has been filed with me, or, if such appeal has been fled it has been dismissed or denied. All appeals have been exhausted. Mary A. Maslowski MAY .- 2' 2023 A TRUE COPY ATTEST ! "mc / TUWN MAY r 2 2023 Bk 35769 Pg267 #17526 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 4999 Date: May 2, 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: John P. Hamel, Trustee of the Hamel Realty Trust of 2014 Affecting the rights of the owner with respect to land or buildings at: 108 Breezy Point Road, South Yarmouth, NIA; Map 34, Parcel 228; Zoning District: R-25; Title: Book 28023, Page 178 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 (lie owner or applicant. Steven DeYoung, Chair RUE COPY ATTEST; / CIVIC; /'i OWN -CLERK JOHN E. �yEGIS SkUtBARNSTABLE 7Y. 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