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Home My WebLink About5039 503 Route 28 #18 Decision RecordedBk 35958 Pg242 #33924 08-28-2.02.3 @..09:35a. TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: August 3, 2023 PETITION NO: 5039 HEARING DATE: July 27, 2023 PETITIONER: Michael W. Mettey PROPERTY: 503 Route 29, Unit 19, West Yarmouth, MA Map 31, Parcel 35 Zoning District: B-2 Title: Book 29022, Page 270 MEMBERS PRESENT AND VOTING- Chairman Steven.DeYoung, Dick Martin, Jay Fraprie, John Mantoni, Sean Igoe, 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 seeks a: Special Permit pursuant § 104.3.2 for a ground -level deck, pergola, and utility closet as part of a preexisting, nonconforming use. The Condominium Property, of which the Applicant's unit.is part, is located in the B2 Zoning District and is improved with.twenty five condominium units, and constructed. in approximately 1950, spread over a lot containing 1..74 acres. Petitioner's Unit 18 consists of a one story, one bedroom, and contains 324 square feet. The Unit is approximately 40.5 feet from the nearest side boundary, 230 feet from the fiont.boundary along Route 28, and 16 feet from the Unit located to the south of # 18. In 2015, the applicant constructed an approximate 230 square foot deck on the ground, and enclosed the water heater which had.been moved to the outside of the unit at the suggestion of the insurance company that year. Over the years, the applicant had erected 2 metal pergolas, and finally replaced the last pergola with a wooden version in 2020, which is currently located on the deck. The deck and pergola were built without the benefit of a building permit, but with the approval of the condominium association of unit owners. The deck is 29.5 feet from the side boundary, which cornplies with the 25 foot side setback requirement for the B2 Zoning. District. The need for relief was only recently .learned when a Building Department representative was alerted to an illegal use being made. of a different condominium Unit located directly on Route A TRUE COPY ATTEST. OW CMC I TOWN CLERK AUU 2 4 2023 Bk 35958 Pg243 #33924 28. The applicant is merely seeking to keep the deck, the utility closet built on that deck, and the wooden pergola. There are no changes to the inside of the unit_ No abutters appeared in opposition to the project. The Bayberry Village Condominium Association submitted . a letter to reaffirm their original, and continued, approval of the improvements. The Board, although generally in favor of the project, did express concern regarding the safety of the utility closet, and questioning whether the deck, as presently assembled, would be entitled to a. building permit. The Board also was adamant that any change from the existing improvements would need to be brought back to the Board for further approval. However, and based on the Applicant's stated intention to leave the deck, utility ;closet and pergola as situated, the Board did find_ that the requirements of Section 104.3.2 of the Bylaw had beenmet, that the improvements would not be substantially more detrimental.. to the neighborhood than the existing improvements, that the issuance of the Special Permit would not result in undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. Accordingly, a motion was made by Mr. Igoe, seconded by Mr. Martin, to grant the request for the Special Permit, with the following conditions: 1. No structural changes to the existing deck, utility shed and the pergola may be made without the further review and approval of the Zoning Board of Appeals; 2. An inspection by the Yannouth Fire Department will be conducted to determine that the utility closet and.venting of the same are in compliance with the fire code; 3. An inspection by the Building Department of the plumbing and wiring of the utility closet meet aRbuilding code requirements; and 4. Full compliance with all other conditions of the Building Department and Fire Department. The members voted 5-0 as follows with Ms. Murphy present as an Alternate: Steven DeYoung - Aye Sean Igoe - Aye Dick Martin - Aye ,fay Fraprie - Aye John Mantoni - . Aye Barbara Murphy (Alternate) - Aye No pennit 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 riled 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 § 103.15, MGL c40A §9) Steven DeYoung, Chairman A TRUE COPY ATTEST. 1)�Ae- NAWZXICJ4 1 i Giti 11 C:L:P AW 2 4 2023 Bk 35958 Pg244 #33924 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 #5039 that no notice of appeal of said decision has been filed with iuc; or, if such appeal. has been filed it has been dismissed or denied. All appeals have been .exhausted. Mary A. Maslowski AUG 2 4 2023 A TRUE. COPY ATTEST. AUG 2 4 2023 Bk 35958 Pg245 #33924 -Y COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS PA n k f.y'�� r Petition #: 5039 Date: August 24, 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: Michael W. Mettey Affecting the rights of the owner with respect to land or buildings at: 503 Route 28, Unit 18, West Yarmouth, MA; Map 31, Parcel 35; Zoning District: B-2; Title: Book 29022, Page 270 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 Cleric 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. �tca� Steven DeYoung, Chairman A TRUE Copy ATTEST AUG 2 4 2023 JOHN F. NFME, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS o cn--n a D7r^MRAT cTcrTonNTr&T.T.v