HomeMy WebLinkAbout5032 2 Bass River Pkwy Decision CertifiedYARMOUTH � � � N CLERi~
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
August 8, 2023
5032
July 13, 2023
Dennis E. McKenna
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2 Bass River Parkway, South Yarmouth, MA
Map 34, Parcel 276
Zoning District: RS-40
Title: Book 30523, Page 342
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Martin, Jay Fraprie,
John Mantoni, and Barbara Murphy (Alternate).
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 is Dennis McKenna who did a fine job of representing himself in seeking relief for
his property located at 2 Bass River Parkway, South Yarmouth, Massachusetts. This property is
located in an RS-40 zoning district and on a corner lot containing 21,780 square feet. The lot has 3
frontages on Bass River Parkway, South Street, and Posies Path.
The petitioner seeks either the grant of a Special Permit pursuant to § 104.3.2(2) or a Variance
pursuant to §203.5 for front setback relief of 12 feet from Posies Path to build a 10' x 14' shed. The
petitioner also noted the documented support for the petition from 8 neighbors.
Because the property is located in a flood zone, fill was brought in, increasing the steepness of the
grade in all directions toward the house. In addition, the house has no basement. The primary
purpose for the shed would be the storage of bicycles for the petitioner's children, including the
petitioner's adult son, who attends Riverview School and uses a 3-wheeler bike.
The Board discussed a compromise between access to the driveway for the petitioner's son and
compliance with the front setback, with Mr. Martin noting that a typical lot in this zoning district
would have a rear setback of 20 feet.
AZJRUE COPY ATTEST.
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i CMC 1 TOWN CLERK
AUG. 2 9 2023
A motion was made by Mr. Martin, seconded by Mr. Fraprie, to grant the request for a Variance
with the condition that the shed be positioned a minimum of 20 feet from Posies Path. The members
voted unanimously in favor of the motion, with the stated condition, as follows: Sean Igoe: Aye;
Dick Martin: Aye; Jay Fraprie: Aye; John Mantoni: Aye; Barbara Murphy: Aye.
A request was made to withdraw the request for a Special Permit, without prejudice.
Accordingly, a motion was made by Mr. Martin, seconded by Mr. Fraprie, to allow the petitioner
to withdraw the request for a Special Permit, without prejudice. The members voted
unanimously in favor of the motion as follows: Sean Igoe: Aye; Dick Martin: Aye; Jay Fraprie:
Aye; John Mantoni: Aye; Barbara Murphy: 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, a
Variance shall lapse if the rights authorized herein are not exercised within 12 months (See
bylaw § 103.2.5, MGL c40A § 10)
Sean Igoe, Vice Chair
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 #5032 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.
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Mary A. Maslowski
Aug 2 9 2023
A TRUE COPY ATTEST:
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I CMC 1 TOWN CLER
AUG 2 9 2023
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5032 Date: August 29, 2023
Certificate of Grantine of a Variance
(General Laws Chapter 40A, Section 10)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been
granted to:
Dennis E. McKenna
Affecting the rights of the owner with respect to land or buildings at: 2 Bass River Parkway, South
Yarmouth, MA; Map 34, Parcel 276; Zoning District: RS-40; Title: Book 30523, Page 342 and the said
Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision
granting said Variance, 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 Variance, 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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Sean Igoe, Vice Chair
E CQ TTEST:
C 1 TOWN CLERK
AUG 2 9 2023