HomeMy WebLinkAbout5033 91 Pine Cone Dr Decision TC 06.26.23FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
June 26, 2023
5033
June 8, 2023
Wayne and Theresa Edwards
Trustees of The Edwards Family Trust
91 Pine Cone Drive, West Yarmouth, MA
Map 22, Parcel 221
Zoning District: R-25
Title: Book 8, Page 58
Land Court Lot #6, Plan #11435-A
Certificate of Title #1808
R23L a INNNi 2._ A Y
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard
Martin, Jay Fraprie, 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 stated above.
The Petitioners are Wayne and Theresa Edwards, Trustees of The Edwards Family Trust,
concerning property located at 91 Pine Cone Drive, West Yarmouth, Massachusetts, in an R-25
zoning district. The Petitioners seek either a Special Permit or a Variance for side setback relief
to build a second -floor addition.
The Petitioners were well -represented by Paul Bettencourt, Bettencourt Construction. Mr.
Bettencourt explained the merits of the petition. The lot sits on the intersections of Franklin
Street Extension and Pine Cone Drive. The present home is a single -story ranch to which a
second story is to be added. The footprint of the existing home will not be changed. Though the
house fronts on Pine Cone Drive, it is only 27 feet from Franklin Street Extension, and relief is
therefore needed.
No new nonconformity would be created by grant of the relief, and prior relief by the Board was
often granted by way of Special Permit.
The Board discussed the merits of the petition and concluded that if the relief was granted, no
undue hazard, nuisance, nor congestion would result, and the relief could be granted without
changing the character of the neighborhood or town, both now, and in the future.
The Board's discussion, which benefited via a memo dated May 30, 2023, from Kathryn Brooks,
Conservation Agent, which acknowledged that on May 1, 2023, she approved, without
conditions, a second -floor addition at this location. Also, the Board received and considered that
a neighbor (Martha Barcroft), living at 88 Pine Cone Drive, had no objection, despite being the
person most likely to see the finished project.
Mr. Fraprie moved, and Mr. Martin seconded, to grant the Special Permit as prayed for by the
petitioners, and without condition.
After discussion, the Board voted 5-0 in favor of the motion, and the Special Permit was,
therefore, granted.
Mr. Martin moved, and Mr. Fraprie seconded that the alternative relief by way of Variance could
be withdrawn, without prejudice, and on a voice vote, the Board voted 5-0 in favor of the
withdrawal of the request for Variance.
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, 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 #5033 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