HomeMy WebLinkAbout5012 239 Pleasant St Decision RecordedBk 35857 Pg317 #25135
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
May 25, 2023
5012
April 27, 2023
Frederic E. ChurchW and Margot D. Churchill
PROPERTY: 239 Pleasant Street, South Yarmouth, MA
Map 43, Parcel 19
Zoning District: RS-40
Title: Book 34736, Page 255
MENIBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Froprie,
John Mantoni 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 seeks a Special Permit pursuant to Section § 104.3.2 for side setback relief to raze
and replace a pre-existing, non -conforming structure.
The Property is located in the RS-40 Zoning District and is improved with a one-story single-
family structure having 3 bedrooms and 2 baths, and constructed in approximately 1951, on a lot
containing 15,622 square feet of area. This property has frontage on both Carrie Lane and
Pleasant Street, and being a corner lot, has 2 front yard setbacks of 30 feet each, and two side
setbacks of 20 feet. The existing structure encroaches into the Carrie Lane front setback by
approximately 7 feet, and into the southwest side setback by approximately 1 foot, and into the
southeast side setback by approximately 13.5 feet. Lot coverage is 14.6%.
The proposal is to raze the, existing structure and replace it with a 2 story single family structure.
The lot coverage will increase to 22.7%, and the new home will comply with both front yard
setbacks and one side setback. The southwest setback will be improved from its current 6.3 feet
to 9.8 feet. The height of the new house will be 31.7 feet.
Several abutters submitted letters of support for the project. The Board then discussed the fact
that the requirements of Section 104.3.2 of the Bylaw have been met, and that the issuance of the
Special Pen -nit would not result in undue nuisance, hazard or congestion and that there would be
no substantial harm to the established or fiiture character of the neighborhood or town.
A TRUE COPY ATTEST.
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Bk 35857 Pg318 #25135
Accordingly, a motion was made by.Mr..Igoe, seconded by Mr. Martin, to grant the request for
the Special permit, as requested, without conditions. The members voted as follows:
Steven DeYoung -
Aye
Sean Igoe -
Aye
Dick Martin -
..Aye
Jay Fraprie -
Aye
Jolui Mantoni -
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, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yazd -touch, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision #5012 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
,SUN 16 2023
A TRUE COPY ATTEST:
N 16 2023
Bk 35857 Pg319 #25135
COMMONWEALTH OF MASSACHUSETTS
, r TOWN OF YARMOUTH
_ Y
BOARD OF APPEALS
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Petition #: 5012 Date: June M 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 Pennit has been
granted to:
Frederic E. Churchill and Margot D. Churchill
Affecting the rights of the owner with respect to land or buildings at: 239 Pleasant Street, South Yarmouth,
MA; Map 43, Parcel 19; Zoning District: RS-40; Title: Boob 34736, Page 255 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 Pennit, or any extension, niodif cation or
renewal thereof, shall.take effect until a copy of the decision beating 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.
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Steven DeYoung, Chairman
A TRUE COPY ATTEST
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