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HomeMy WebLinkAboutBLDR-23-11013 ONE & TWO FAMILY ONLY- BUILDING PERMIT Town of Yarmouth Building Department \-\ 1146 Route 28,South Yarmouth,MA 02664-4492 it 508-398-2231 ext. 1261 Fax 508-398-0836 Massachusetts State Building Code,780 CMR o,, A li R Renovate Or Demolish ' Building Permit Application To Construct, Repair, ���;� a One-or Two-Family Dwelling This Section For Official Use Only Building Permit Number: (3 . -2,�_ l I 01) Date Applied: i Building I Official(Print Name) Signature Date SECTION 1:SITE INFORMATION MAY 10 2023 1.1 Property Address: e 17 �c wT (Z.) 1.2 Assessors Map&Parcel Numbers i.__ a� y-rne„,-7� , ,az673 L3 /BUILDING UtPARTMtNT 1.1 a Is this an accepted street?yes 1"--. no Map Number Parcel Numb 6y 1.3 Zoning Informatio s 1.4 P operty Dimensions: k -L5 $1 kr600 Zoning District Proposed Use Lot Area(sq ft) Frontage(ft) 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard /� Required Provided Required Provided Required Provided , ,...., 30 yoiS %5 ,_ Lis -, 7 1.6 Water Supply: (M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: V Zone: — Outside Flood`Ze? Municipal 0 On site disposal system Public Private❑ Check if yes SECTION 2: PROPERTY OWNERSHIP' 2.1 Owner'of Record: ��Cc�/ c /✓!'fjf OZ/ �/'3 �S rt. �►E s Name(Print) City,State,ZIP y0 5d-e &) s-- - 6i7 qzi c 13 c,-,te c. ;,de .(,.f7774,C No.and Street Telephone Email Address SEC ON 3:DESCRIPTION OF PROPOSED WORK2(check all that apply) New Construction❑ Existing Building❑ Owner-Occupied WC-Repairs(s) ❑ Alteration(s) El I Addition 0 Demolition 0 Accessory Bldg. 0 I Number of Units / Other 0 Specify: Brief Description of Proposed Work2:_ 3 j__ /10,1 t / . t./) SECTION t:ESTIMATED CONSTRUCTION COSTS. A , Estimated Costs: Official-Use Only C...) , Item (Labor and Materials)I.Building $ 'f c?c:>. c c.)• c3 V 1. Building Permit Fee:$ 1 OlS ,Indicate how fee is determined: 2.Electrical $ z s. v 00-0,, ti Standard City/Town Application Fee ❑Total Project Costa(tem 6pu1 pQter x 3.Plumbing $ Z 6 c ov- ° 2. Other Fees: $ 4.Mechanical (HVAC) $ /1 0 6 cJ c,, 0 List: 5.Mechanical (Fire $ Total All Fees:$ , ' Suppression) Check No. Check Amount: Cash Amount: 6-Total Project Cost: $g6� avk`CO El Paid in Full t Outstanding Balance Due: J$�i t�n(\� �` Oj i 5 cct wind 5/17 ia1 • "\ • The Commonwealth of Massachusetts i', r Department of Industrial Accidents sip 1 Congress Street, Suite 100 555555CCCCCCi1 Boston, MA 02114-2017 . www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers. TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information � . Please Print Legibly.---' egibly ll Name (Business/Organization/Individual): lA plr, o r _2 6'C i Address: yt • 5rCGrtil �57 City/State/Zip: . -O,4"-i / //c (77(3 OZ/V 61 QZl a t/S-7 ci Fl�orle#: Are you an employer?Check the appropriate boy: Type of project(required): 1.0 1 am a employer with employees(full and/or part-time).* 7. [f New construction 2.0 lam a sole proprietor or partnership and have no employees working for me in 8. 11 Remodeling • any capacity.[No workers'comp. insurance required.] 9. El Demolition 3. y1 I am a homeowner doing all work myself.(No workers'comp.insurance required.]r 10 El Building addition 4.0 I am a homeowner and will be hiring contractors to conduct all work on my property. I will ensure that all contractors either have workers'compensation insurance or are sole 11.❑Electrical repairs or additions proprietors with no employees. 12.0 Plumbing repairs or additions 5.E I am a general contractor and I have hired the sub-contractors listed on the attached sheet, 13 Roof repairs These sub-contractors have employees and have workers'comp.insurance.t 6_n We are a corporation and its officers have exercised their right of exemption per MGL c. I4.0 Other 152,§1(4),and we have no employees.(No workers'comp. insurance required.] *Any applicant that checks box Ail must also till out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy A'or Self-ins.Lie./i: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under MGL c. 152, §25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. 1 do hereby certify under the pains and enalties of perjury that the it formation provided above is true and correct. Signature: T Date: �— /'s— Zz5 z Phone#: '-7 G V y, Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1. Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone 4: SECTION 5: CONSTRUCTION SERVICES 5.1 Construction Supervisor License(CSL) License Number Expiration Date Name of CSL Holder List CSL Type(see below) No,and Street Type Description U Unrestricted(Buildings up to 35,000 cu.ft.) R Restricted l&2 Family Dwelling City/Town,State,ZIP lvi Masonry RC J Roofing Covering • WS Window and Siding SF Solid Fuel Burning Appliances I Insulation Telephone Email address D Demolition 5.2 Registered Home Improvement Contractor(HIC) HIC Registration Number Expiration Date HIC Company Name or HIC Registrant Name No.and Street Email address City/Town,State,ZIP Telephone SECTION 6:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(N.I.G.L.c.152.§ 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached? Yes ❑ No .0 SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I,as Owner of the subject property,hereby authorize to act on my behalf,in all matters relative to work authorized by this building permit application. Print Owner's Name(Electronic Signature) Date SECTION 7b: OWNER'OR AUTHORIZED AGENT DECLARATION By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate to the bes f my knowledge and understanding. h riC5 i.croe Z6z3 Print Owner's or Authorized Agent' ame(Electronic ature) Date NOTE . 1. An Owner who obtains a building permit to do his/Fier own work,or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor(HIC)Program),will not have access to the arbitration program or guaranty fund under M.G.L.c. 142A.Other important information on the HIC Program can be found at www.mass.sov/oca Information on the Construction Supervisor License can be found at www.mass.2ov/dps 2. When substantial work is planned,provide the information below: Total floor area(sq.ft.) (including garage,finished basement/attics,decks or porch) Gross living area(sq.ft.) , /E3_5•Z Habitable room count Number of fireplaces / Number of bedrooms -� Number of bathrooms Z Y 3/4 Number of half/baths / Type of heating system 6i S' Number of decks/porches / Type of cooling system C Enclosed Open / 3. "Total Project Square Footage"may be substituted for"Total Project Cost" TOWN OF YARMOUT i BUILDING DEPARTMENT MATTACn[�f- a�666 1146 Route 28, South Yarmouth,MA 02664 508-398-2231 ext. 1261 HOMEOWNER LICENSE EXEMPTION PLEASE PRINT: DA'ch: / tics; v,4�`r�tc -J JOB LOCATION: iApfes /0"LfJo; 6 11c ryMC �T" Zo tics; NAME STREET ADDRESS SECTION OF TOWN "HOMEOWNER" /ArtCJ /1- _: 6tk 6`T 76t/5) 75 6,7 YQZ 4/76 s NAME HOME PHONE WORK PHONE PRESENT MAILI TG ADDRESS 4lv 5/c-i-Gel.J 6-��r— SO, f(J'c/i/IC vj4 �Z/Y3 CITY OR TOWN STATE ZIP CODE The current exemption for `Homeowner' was extended to include owner—occupied dwellings of one or two units and to allow such homeowners to engage an individual for hire who does not possess a license,provided that such homeowner shall act as supervisor. (State Building Code Section 110 R5.1.3.1) Definition of Homeowner: Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is or is intended to be, a one or two family attached or detached structure assessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner;such"homeowner"shall submit to the building official,on a form acceptable to the building official,that he/she shall be responsible for all such work performed under the building permit. (Section 110 R5.1.3.1) The undersigned `homeowner' assumes responsibility for compliance with the State Building Code and other applicable codes,by-laws, rules and regulations. The undersigned `homeowner' certifies that he/ she understands the Town of Yarmouth Building Department minimum inspection procedures and requirements d that he / she will comply with said procedures and requirements. —__ _. HOMEOWNER"S SIGNA APPROVAL OF BUILDING OFFICIAL INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent, which meets the requirements of MGL Ch.142. Yes No If you have checked ves,please indicate the type coverage by checking the appropriate box. A liability insurance policy Other type of indemnity Bond OWNER'S INSU CE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the ss. G Laws and that my signature on this permit application waives this requirement. Chef 01 Signature Owner or O ner's Agent Owner Agent ownrli erne §TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext..1261 Fax 508-398-0836 Office of the Building Commissioner BUILDING DEPARTMENT DEMOLITION DEBRIS DISPOSAL AFFIDAVIT Pursuant to M.G.L. Ch. 40, §54 and 780 CMR- Section 105.3.1. #4. I hereby certify that the debris resulting from the proposed work/demolition to be conducted at 7116/1-trutriV-;- " Work Address Is to be disposed of oat the following location: Di_VosAZ Dveysrt.0 Said disposal site shall be a licensed solid waste facility as defined by M.G.L. Ch. 111, §150A. Signature o pplication Date Permit No. 1 1 . „. '.• -','',5:1'.....'"' ''.•;••.1 429"Z.l'Alt,..:„.,..t C.:.t.'"..'4ii:'::.:,;.' :'',4°'t4V' ''''''.'4440i7 ',,,, ,:!js.t.:',:ii,74"!.;'7,'''' . , ' "' .''''' ' ''' i:".:!1:;:: :!:;iiiilifili%,:::i;:....IiiiK:: .:"rii .(7, 414' ',„'''." '„ ' ' 45%*•.„*.. ''''..;',;.17.411 - i 1# i;‘..' ....,..atik.:::,: ::::::::•• '2.:.4:411:: :,„,.„::;:iie 7„„!:;:t..i.... i,, ..t , , , ,, , ,,.p,40,,,Ai„, :,,,,.:....,..040, ,,,, .,,,,f,',..• z„ „, . ,, .;, ,:4E,0!,....:,,,,...,,,,, . „ .*°..'".1k.iti., ''tili'..,..'.',51V11.:Vitk.:1:44.;„"•::4:'t':;'::!i'Ai.:i.:...:].„:L.ylit, ;It : Z:?'"';:. '''':".,:.:7!.:.::::::,,r,:4.:,;:•4:117.* .fkili,:i.-',!!:.•':: '4.r. 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Building Specification Summary Property Organization inspection Statue 6 Merrymount Rd Home Energy Raters Results are projected Yarmouth,MA 02673 Chris Mazzola 508-833.31 00 Merrymount Rd 6-L9MB4m1L Merrymount Rd 6 Pre Builder James Igoe Building Information Rating Condtioned Area 1111 1.864 00 HERS Index 52 Conditioned Volume(ttl 21,193.00 HERS Index w/o PV 52' Thermal Boundary Area(ft=j 5,309,20 Number Of Bedrooms 3 Housing Type Single family detached Building Shell Ceiling wt Attic I None Windows(largest) U-Value 0 24.SHt 0.3 Vaulted Ceiling E R43,HDF+LDF,2•+8",10x16,Ct U-0,029 Window I Wall Ratio i 0,12 Above Grade Walls!R21,FG,6x16,G1;U-0.057 Infiltration 12 ACH50 Found.Walls 1 None Duct Lkg to Outside i 70 CFM @'25Pa(3.76/t 00 f') Framed Floors I R30,FG,10x16,G1;R-30 Total Duct Leakage I 70 CFM @ 25Pa(Post-Construction) Slabs I None Mechanical Systems Heating Furnace•Natural Gas•97 AFUE Cooling Air Conditioner•Electric• 14 SEER Water Heating Residential Water Heater•Natural Gas•0.96 UEF Programmable Thermostat Yes Ventilation System 55 CFM•37 Watts•ERV Whole House Fan N/A Lights and Appliances Percent Interior LED 100°4 Clothes Dryer Fuel Etecanc Percent Exterior LED 100% Clothes Dryer CEF 3.4 Refrigerator(kWh/yr) 691,0 Clothes Washer LER(kWh;yr) 284.0 Dishwasher Efficiency 270 kWh Clothes Washer Capacity 4.2 Ceiling Fan None Range/Oven Fuel Electrc Ekotropc RATER-VusK)rs 4 0 2 3173 A➢re.KA$ F rAdIU'd t,,AAA l`s' f�1 b*J o 'bjae arsv,$ f 4+''f'•f,9 s,,,,,,..<.A,s' �d,, ;',,:P,,q- r,,,,,,,*3" ,;,,„,. e+.31....N. { .. The Commonwealth of lifassachnsetts m . , Department offndustrial Accidents 1 Congress Street,Suite 100 Mill= n:c17* Boston,MA 02114-2017 10.Tra WW W.mass.gov/dia 1Vorkers'Compensation Insurance Affidavit;BulldersiContrectors/Electrictinsa lumbers TO BE FILED WITH THE PERMITTING A UTHORITY„ API:glens-it IllfOrniation P1Viig Pr"i Lec,litv Name(Business/Organization/Individual): 0 A-\ %c\ \le - i e'n Address: 1 ,C . . _...... --. City/State/Zip:C Q c (11(\ ( D.330 Phone#: 0S"— t - (I_ _ ..._, , Are you an tmploytrt Cheek the appropriate bet; Type of project(required), 1,0 I am a employer with employees(full and/or part-unte)• 7, rgr‹;constr.cSo t liRram a sole proprietor or parmership and have no employees working to:me in 8. 0 Remodel ir,g any capecny.(No workers'comp,insurance maw-eel 9 0 Demoittton i 3,:p am a homeowner doing all wxk myself(No workers carry insurante required 1• i 0 5 Build.ag add::iort 4 ri 1 to a homeowner znd will he luring convectors to conduct all work on my property 1 wAl ensure that all contractors either have workers'compensation insutance or are sole 11.0 Elettrical repairs or add rl.on.s proprietors with ao employees 12,0 Plumbing repairs or zi:ittion s..C3 i am aglitter-al contractor and I have hired the sch-contr actors listed or the gaoled sheet 1 0 Ronf reirs These sith-corttractors have employees arid have workers'comp insurance.1 3 pa 6,0 1 We are a corporation and is officers have exercised their right of exemption per 44GL c 14,0 Other 152,§I(4),and we have no employees (No waters'comp insurance required4'Any applicant that checks box ril must also 511 out the=ion below showing their workers'compensation polity inLorritahea. t liontsowneris who submit this affidavit indicating they are doing all work and then hire outskte contractors must 9tkrIft,a new elle.ovit indicating such :Contractors that check this box must attached en additional shear showing the MUSIC rif the sue-contractors and stole whether or nor those vitt*:have employees. If the sub-contractors have employees,they must provide their workers'comp policy nurabft _____ ....... I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job Site information, Insurance Company Name:Af A. Policy if or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expii-orsion date). Failure to secure coverage as required under MGL c,152,§25A is a criminal violation punishable by a Cne up Li Si,300,.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a 6.111 of up to$2.50,00 a day against the violator,A copy of this statement may be forwarded to the Office of Investigations of the DIA for Insurance coverage vcri6cation. I do hereby car ' / .a1, and penalties of perjury that the information provided a e is t e and correct , ...nature: Ap., - '-- Date ./.- ........ Phone 0: S'efi" — aN'D—A — N V-t al Official use only. Do not write In this area,to be completed by city or town official, ;1 !. City or Town: Permit/Licensc 4 „ _,..„.....„. Issuing Authority(circle one): I.Board of Health 2.Building Department 3.City/Town Clerk i.Electrical inspector S.Plumbing Inspector 6.Other _Contact Persons Phone#: , I 1 t 4, 4, a, 4, 4, 4, 3 - 1 0 "CJ 4.4 .) tJ LJ tt Li U vt CCCCCC r - > > > 4,N : > ; § t at 1 a iI v (1.) ",,, . ccccc t, Z 0 . c t "0 0 g > ti Y M : > Ctv . �yN. a ,c Rt 4t tU ti+ 61 tt, ,y 4 c E 5 i iN wzaa) Guwux v © ivr d tU Z. 8 8 8 O GJ_ 8 " m T r"a ; a �p mac: 5 C a.. t i w i "� r 2 c„`�' Q "- t+^t �- m = W Vt Q 4i ,c ..- -'' Ct 4t 37 Q) io ez ¢a e 3 . „. to (3) "� �,- w c c c c c C x , a a: „ a. Es E I „„ . ,.,,_. C D v. o m ttl v) � Ow. c * 8 I,:;i 6 c2-4 g ry I1rt� `na040Q000n v5 s .11 CC CC cc . * c ro ' .4cr W gr t is c v '° is rr .�« C1 c �` Q� a in C! C9 C.'9 re; jy s`i T v'x 42 ue. a w. ,11 O v sM #w at y (1) I (a 4,01 v ro 43 i '''1",,'Ar' v.a.- Q � eoro tt) ° " >- t3 5l"i V .610 VI - . 0 I g i , a 'i ''''liiiiiil '-' ,s .w» pill c 4 41 c ." 1 V t9 I y. <. „� sue`: '>'. :��...� ..j �.�u�>T; ���..• v:.: l.' { MitaA"744: •,ii:.x. („'':&"fi x �.•yw. max\~'::�`S/. -✓ xx"a>,�:n • > a -a, V .. og DAVIti t ' A �,' _ „avow ate;:,,z " °;W im ', &mow$ n'> ... .., 'per , z ..�. .. .:.,.'... ..�>.� ;.:..� . r�.,- .... x� :�" ,�"t, f. '- ..va,:.:. ,�""T,�< ;a •f . r. JAMES M. I v }E I Attorney at Van June 6,2023 Rosa Fallon Town ol'Yarmouth Building Department 1146 Route 28 South Yarmouth,MA 0 664 Re: Building Permit Application 6 Merrymount Road,West Yarmouth Dear Ms. Fallon, Enclosed please find a copy of David Veelenturt s Construction Super+isor's License.Home Improvement Card. Worker"s Compensation Affidavit.and a Home I nergy Ratings Certificate Please allow David V'eclenturf'of 15 Marks Way in Carver,Massachusetts to act as my construction supervisor at my project located at 6 Merrymount Road in West Yarmouth,, [hank you. w,4x/... ems..M Igoe,E%i. s M. Igoe, Esq. 61 ROSELAND S IREET-SOMERVILLE,MA 02143 1` 1> 617 492 4765 FAX 617 492 0909 iames.igoc'u attract _., cc e...c(--1.7& i./,,,s a. f. i- i ! TOWN OF N'ARMOtil I WATER DEPARTMENT 0 Hty-yvla 1 cs'472,7v,..- 99 Buck Wand Koati Wert Yarmouth, MA 0267 iclephone. f508) 771-792 t • Fax: f-',08 771.7998 BUILDING PERMIT APPLICATION FOR WATER DEPARTMENT SIGN OFF TRANSMI l I AL FORM BUILDING SITE LOCATION: ...62._Mrsripioitadrk,,e„.c.,,,_V....),.„\,„)0-frnettt41 Maakil I PROPOSED WORK:a c .14._140,71c,, ,.. .._ . _ , ....„„„ ..... ---- APPLICANT: --1-,.-.. 3...07.711--._ .......... ...._ .____. ....„. _ , . ADDRESS: 4.1 0 5 Let' V\ . TELPHONE: te t.—/ — RESIDENTIAL AND /OR COMMERCIAL BUILDING Water Department: Determines Compliance of Water Availability and or existing location Engineering Department: Determines Compliance for Parking and Drainage Conservation Commission: Determines Compliance to Wetlands Act. i.e. If lot(s)border any type of \venom's.streams, ponds,rivers.ocean,bogs.boys.marshland, ETC. (Icahn Department: I)eicnnines Compliance to State and"[own Regulations, i.c. requirements for Septage Disposal and other Public health Activites Fire Department: Determines Compliance to State and Town Requirements for Personal _,...,,...DSttety, Property Protections. i.e. Smoke Detectors, Sprinkler Systems,etc APPLICANT S 1 NATURE DATE OFFICE U. ENIMENTS ON ill T APPROVAL OR DENIM. . . ../. REVIEWED BY WATER DIVISION(SIGNATURE) DATE tOMk RECEIVED LAW OFFICES OF — - PAUL R. TARDIF, ESQ., P.C. FEB 272023 4901V[AIN STREET BUILDING DEPARTMENT YARMOUTH PORT,MA 02675 By._ (508)362-7799 (508) 362-7199 fax Paul R Tardif,Esq. Stacey A. Curley,Esq. ptardif(a)tardiflaw.com www.tardiflaw.com scurley@tardiflaw.com REFER TO FILE NO. February 23, 2023 Dolores Fallon Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Zoning Appeal—6 Merrymount Road, West Yarmouth James Igoe - Petition#4949 Dear Ms. Fallon: Enclosed please find a copy of the Board of Appeals Decision, which was registered, for the above referenced matter on February 21, 2023 in the Land Court Division of the Barnstable County Registry of Deeds as Document 1,476,368. Please note that a copy of the recorded Decision has been forwarded to the Building Department for their records. I thank you for your as tance in this matter. V;ry ou s • Ali 1 "'au'R r if cc: James Igoe via email only) Mark Grylls, Building Department Doc : 1 , 476 , 368 02-21-2023 10 : 48 TOWN OF YARIvIOUTI-1 tX1,-4we:P.; 21,4.1C1 BOARD OF APPEALS ./ DECISION • f!: FILED WITH TOWN CLERK: May 12, 2022 PETITION NO: 4949 HEARING DATE: April 28,2022 PETITIONER: James Igoe, Manager .of Merrymount LLC PROPERTY: 6 Merrymount Road,West Yarmouth, MA nap 23, Parcel 81 Zoning District: R-25 Title: Document No. 1 ,A 7 6,3 6 2 Cert #2322.96 MEMBERS PRESENT AND VOTING.: Chairman Steven DeYoung,Douglas Campbell,Megan Homer and Jay Fraprie' 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 Applicant seeks to reverse the March 9,2022 decision of the Building Commissioner, and/or a Variance from §203.5 to establish the lot as buildable, and allow a single family dwelling on the lot. Petitioner also seeks, in the alternative:,either a Special Permit or a Variance to allow for the construction of a single family dwelling on this lot. The Property is located in the R-25 Zoning District and is currently a bare lot containing 9,600 square feet and 80 feet of frontage on Merrymount Road. .The current owner of the property, Eleanore Townsend,took title pursuant to a deed dated January 18, 1961,.and this information has been verified in a lettecof.former.Deputy Building Commissioner James D. Brandolini dated January 21, 2021, and again in a letter dated March 9; 2022 ..from the present Building Commissioner, Mark Grylls. It is from this letter that the Applicant's appeal arises, seeking to overturn the Decision of the Building Conunissioner. The abutting property, which shares a common rear boundary with the subject property,is located at 45 Pine Cone Drive. This deed was conveyed to Ms. Townsend in December of 1960, and it is this common ownership, as.of 1961. which the building department believes merged the lots,pursuant to the common law doctrine of merger, and rendered the Property unbuildable. As noted in the Building Letter,the lots were created by a plan dated in January of 1926, at Which time the lot size was conforming. On March 7, 1960, the minimum lot area for a parcel in this zoning district was increased to 10,000 square feet as a Minimum. This change resulted in these .54 • c.m./em.,TOWN CLERK • : a 4 4A411 Doc : 1 , 476 , 368 02-21_-2023 1.0 : 48 Page 2 of 4 • lots becoming legally pre-existing non-conforming. The Building Letter is clear that the lot at 6 Merrymount Road was "held in separate ownership on the date it became non-conforming and •then was conveyed into common ownership after that time." The applicant argues that no merger has occurred in this case, and relies upon Section- 104.3.4(2) of the Yarmouth Zoning Board of Appeals, entitled "Two (2) or three (3) adjoining lots", which states as follows: • 2. Any increase in area,frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single family residential use, provided the plan for such lot was duly recorded or endorsed and such lot was held in common ownership with contiguous lots and had less than the dimensional.and density requirements of the newly effective zoning but • contained at least seven thousand five hundred(7,500) square feet and seventy-five('75)feet of frontage, or contained fifteen thousand(15,000) square feet and fifty (50)feet offrontage if approved under section 203.2 of this bylaw. This exemption shall not apply to more than • three (3) such adjoining lots held in common ownership. • One abutter appeared and asked.questions, while another appeared virtually and opposed the • • request. However, and based on the clear language of this section of the Zoning Bylaw, the • Board agreed that the Property is a buildable lot: First, the lot was duly recorded•or endorsed, and it was held in common ownership with one(1) contiguous lot and had less than the • dimensional and density requirements of the newly effective zoning (i.e. 10,000 square feet of • area), but did contain at least 7,500 square feet.and seventy-five (75)feet of frontage. Finally, • the Property was not held in common ownership.with more than 3 adjoining lots. The Petitioner • also.relied upon the reasoning of Koines v.`Cohasset, 91'Mass. App. Ct. 903 (2017),to . demonstrate that this section of the Yarmouth Zoning Bylaw provides "perpetual grandfathering" for such commonly owned lots, and which nullifies the merger doctrine. The.Board appreciates the analysis provided by the Building Department in its denial letter, and •discussed that it typically supports the careful consideration provided by the Department • regarding zoning issues. However, after deliberation on this issue, the Board was in unanimous agreement that the Applicants were correct that the property qualifies as.a buildable lot pursuant to:Section 104..3.4(2) of the Zoning Bylaw, and has not merged with any contiguous lot.• • Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Campbell, to Overturn the Decision of the Building Commissioner, for the reasons stated. The members voted unanimously,by roll call vote, as follows:.. Mr. DeYoung AYE Mr. Fraprie• AYE Ms.Horner AYE • Mi. Campbell AYE • The applicant moved and was allowed to withdraw all other requests for relief, as it was•the . consensus.oftle:Board that no such relief was needed. Accordingly, a motion was made by Mr. A TRUE COPY ATTEST• MMC CMG 1 TONil�i,CL-RIt • 111►, 4 4 ennn Doc : 1 , 476 , 368 02-21- 2023 10 : 48 Page 3 of 4 Fraprie,seconded by Mr. Campbell, to allow the petitioner to withdraw, without prejudice, all remaining forms of relief requested. 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 after filing of this notice/decision with the Town ClerkAr......,..Se4, 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 #4949 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. ,Tel-a) •N 1 . Mary.A. Maslowski Town Clerk JUN I :1 2022 A TRUE COPY ATTEST: • Ageht,-4.4 • CMMC CMC I TOWN CLEFFK JUN 1 9 2022 Doc : 1 , 476 , 368 02--21-2023 10 : 48 Page 4 of 4 { .. ' Y�lk �v COMMONWEALTH OF MASSACHUSETTS 1.:;}, \ TOWN OF YARMOUTH t 1j � x BOARD OF APPEALS ry. . . r- .. Petition #: 4949 Date: June 2, 2022 Certificate of Granting (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth, Massachusetts hereby certifies that the relief sought has been granted to: James Igoe 6 Merrymount Road West Yarmouth,MA 02673 Affecting the rights of the owner with respect to land or buildings at 6 Merrymount Road, West Yarmouth,MA; Map #:.23; Parcel#: 81; Zoning District R-25; Book/Page: 32131/3 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. Am,.Se: Steven S. DeYoung,Chairman A TRUE COPY ATTEST: • CMMC CMC/TOWN CLERK JOHN F MEADE, ASSISTANT RECORDER BARNSTABLE REGISTRY LAND COURT DISTRICT JUN 1. 1 2022 RECEIVED & RECORDED ELECTRONICALLY