HomeMy WebLinkAbout5036 60 Bayberry Rd Decision RecordedTOWN. OF YARMOUTH
BOARD OF APPEALS
DECISION
VA RM�1.3 f H TOWN CLERK
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Doc:1r487r503 09-13-2013 11243
BARNSTABLE LAND COURT REGISTRY
FILED WITH TOWN CLERK: August 16, 2023
PETITION NO:
5036
HEARING DATE:
July 13, 2023
PETITIONER:
Steven L. Hetzel and Lynn L. Hetzel
PROPERTY:
60 Bayberry Road, West Yarmouth, MA
Map 22, Parcel 227.1
Zoning District: R-25
Certificate of Title #231178
Lot 5, Block C
Land Court Plan 111435-A
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Martin, Jay Fraprie,
John Manton!, 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 Steven Hetzel who represented himself at the hearing. The property is located at
60 Bayberry Road, West Yarmouth, Massachusetts. It is in an R-25 zoning district. The lot contains
9,681 square feet.
The petitioner seeks the grant of a Variance pursuant to §203.5 to exceed the maximum building
coverage of 25% to build a shed less than 150 square feet. The current lot coverage is—24.7%. The
shed would bring the total lot coverage to 26.4%. The proposed shed would meet ail setback
requirements.
The house is located in a flood zone and as a result the petitioner is prohibited from installing a
basement that could and would normally be used for storage. The petitioner stated that is the reason
that he is seeking relief for a shed.
One abutter opposed the petition and expressed concerns at the hearing that Mr. Hetzel's house is
8.4 feet from their property line and the shed would be 6.5 feet from their property line. (The
required setback for the shed is 6 feet)
A TRUE COPY ATTEST
CM-W TCMC 1 TOWN CLERK
SEP 6 2023
The Board discussed whether the petitioner's hardship was self-imposed, due to the size of the
house that is being built. However, the shed met all the setbacks, and the building coverage increase
of —1.S% was due to the shed, not the house.
Mr. Igoe said that he believed that the petitioner met the criteria for a Variance, and that the hardship
was owing to the soil conditions due to the lot being in a flood zone which prevented the petitioner
from installing a full cellar, for his necessary storage.
A motion was made by Mr. Fraprie, seconded by Mr. Mantoni, to grant the request for a Variance.
The Board voted unanimously in favor of the petition.
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 c4OA § 10)
& 69
Sean Igoe, Vice Chair
CERTIFICATION OF TOWN CLERK
1, 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 #5036 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
SEP - 6 2023
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5036 Date: September 6, 2023
Certificate of Granting 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:
Steven L. Hetzel and Lynn L. Hetzel
Affecting the rights of the owner with respect to land or buildings at: 60 Bayberry Road, West Yarmouth,
MA; Map 22, Parcel 227.1; Zoning District: R-25; Certificate of Title ##231178; Lot 5, Block C; Land
Court Plan 11435-A 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.
S�
Sean Igoe, Vice Chair
BARNSTABLE COUNTY
REGISTRY OF DEEDS
A�T,R�[UE COPY, ATTEST
JOHN F. MEADE, REGISTER
BARNSTABLE REGISTRY OF DEERS
John F. Meade, Register