HomeMy WebLinkAbout5037 154 Center St No. 4 Decision RecordedTOWN OF YARMOUTH
BOARD OF APPEALS
DECISION�95�3
FILED WITH TOWN CLERK: August 16, 2023
PETITION NO: 5037
HEARING DATE: July 13, 2023
PETITIONER: David R. Holt and Nancy J. Holt
PROPERTY: 154 Center Street Unit 4, Yarmouth Port, MA
Map 140, Parcel 58.C4
Zoning District: R 40
Title: Book 31508, Page 314
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 petitioners, David and Nancy Holt, were represented by Brendan Lowney, Senior Project
Manager, Lewis & Weldon. The petitioners are seeking relief for property located at 154 Center
Street Unit 4, Yarmouth Port, Massachusetts. This property is located in an R-40 zoning district.
The lot contains 19,876 square feet and includes 4 condominiums.
The petitioner seeks the grant of a Special Permit pursuant to § 104.3.2(2) to raze/replace and expand
a nonconforming structure and § 104.3.2(4) to expand preexisting, nonconforming use, and/or a
Variance from §203.5 for rear setback relief and §202.5 to expand nonconforming use.
Because of fire damage on February 19, 2023, a demolition permit had been issued due to the safety
of the building; it had to be knocked down. The proposed expansion is —92 square feet. Currently,
Unit 4 is —329 square feet. With this rebuild/expansion, the size of the unit would increase to 420
square feet. The height of the structure would increase from 15.4' to 17.0' at the peak. The property
is preexisting nonconforming and the rear setback of 7.1 feet would remain.
One abutter expressed concerns at the hearing about a larger/taller building 7 feet from her property
line.
ARUE.Cj jj'�J�Y 7°T ST
R e-'
/ O / To CLERK
Bk 35993 Pg245 #37090
The Vice Chair polled the Board if further discussion was desired in consideration of the original
plan with the extension and alteration. The Board said they would vote "nay" on the original plan.
A motion was made by Mr. Martin, seconded by Mr. Mantoni, to grant the request for a Special
Permit with the following conditions: 1) the rebuild of the existing structure in the same footprint
with an 8-pitch roof shall not exceed 17.2 feet in height; and 2) the petitioner shall submit a revised
plan showing the elevations and height prior to the Special Permit being issued. The members voted
unanimously in favor of the motion, with the stated conditions, as follows: Sean Igoe: Aye; Dick
Martin: Aye; Jay Fraprie: Aye; John Mantoni: Aye; Barbara Murphy: Aye.
A request was made by the petitioner to withdraw all other forms of relief requested, without
prejudice. A motion was made by Mr. Martin and seconded by Mr. Mantoni to allow the
petitioner to withdraw all other forms of relief requested, 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, the
Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw
§ 103.2.5, MGL c40A §9)
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 #5037 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
SEA 6 2023
A-TROE COPiO TEST•
i11i ` -i: UU of CLEKK
2023
Bk 35993 Pg246 #37090
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5037 Date: September b, 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:
David R. Holt and Nancy J. Holt
Affecting the rights of the owner with respect to land or buildings at: 154 Center Street Unit 4, Yarmouth
Port, MA; Map 140, Parcel 58.C4; Zoning District: R40; Title: Book 31508, Page 314 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) acid 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.
Sean Igoe, Vice Chair
UuuyTY
j Slt;'s K", : F DEEDS
P Tt;sJ, CCJPY, ATTESTf4;,
Ili ?�• '=' n 'r..'� , OF_�'m r c� TRUB' '
PARI�5iAD1. Ri Cwl � Y OF NEDS d '.
John F, Meade, Register � ti
�E `'6 2023