HomeMy WebLinkAboutBOA # 5017 `� TOWN OF YARMOUTH
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- 1 DECISION
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FILED WITH TOWN CLERK: June 12, 2023 R E r E I v
PETITION NO: 5017 l JUL 1 2023
HEARING DATE: May 25, 2023 B--- NG -
DEPARTMENT
PETITIONER: Jeffrey and Kimberly Lareau B U ILDI
PROPERTY: 3 Jerusha Lane, West Yarmouth, MA
Map 23, Parcel 172
Zoning District: R-25
Title: Book 34941, Page 217
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Fraprie,
John INIantoni 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 Dines-. the hearing opened and held on the date stated above.
The petitioners are Jeffrey and Kimberly Lareau_ who reside at 3 Jerusha Lane. West. Yarmouth.
Massachusetts, property located in an R-25 zoning district. The petitioners return before the
Board in connection with their desire to install an inground pool at their home, which is a corner
lot.
When the petitioners originally presented their plans. the Board expressed concerns over its
location which seemed too close to the abutting street. The petitioners were asked to consider
alternative locations for the pool and have returned with a new plan showing a new location.
Each Board Member expressed appreciation to the petitioners for having relocated the pool away
from the abutting streets. Despite its relocation, it still needed relief due to its proximity to the
bulkhead of the home and the rear and side setbacks. The Board was in consensus that the
location presented by the new plans was far more favorable than originally conceived, would
create no undue nuisance. hazard, or congestion. nor was it a detriment to the existing or future
character of the neighborhood or town.
Accordingly, a motion was made by Mr. Fraprie, and seconded by Mr. Martin. to grant a Special
Permit for the installation of the pool consistent with the plans submitted as revised May 17,
2023.
A TRUE COPY ATTEST:
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JUL 1 0 2023
A roll call vote was taken with all members voting in favor of the motion with the Special Permit
therefore being granted.
Steven DeYoung - Aye
Sean Igoe - Aye
Dick Martin - Aye
Jay Fraprie - Aye
John Mantoni - Aye
A motion was then made by Mr. Igoe, seconded by Mr. Fraprie, to allow the petitioner to
withdraw the request for a Variance, without prejudice, which, on a voice vote, carried
unanimously in favor.
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 #5017 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
JUL 1 0 2023
A TRUE COPY ATTEST:
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JUL 1 0 2023
C.��� ti"^� �2•_ COMMONWEALTH OF MASSACHUSETTS
, TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5017 Date: July 3, 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:
Jeffrey and Kimberly Lareau
Affecting the rights of the owner with respect to land or buildings at: 3 Jerusha Lane, West Yarmouth, MA;
Map 23, Parcel 172; Zoning District: R-25; Title: Book 34941, Page 217 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.
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Steven DeYoung, Chairman
A TRUE COPY ATTEST:
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REGISTRY OF DEEDS
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John F. Meade, Register
JUL 1 0 2023