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HomeMy WebLinkAbout5020 2 Smith Rd Decision RecordedTOWN OF YARMOUTH BOARD OF APPEALS DECISION Bk 35897 P-9144-28674 FILED WITH TOWN CLERK: June 125 2023 PETITION NO: 5020 HEARING DATE: May 25, 2023 PETITIONER: Ewa Argo, Trustee of the Seacret Realty Trust PROPERTY: 2 Smith Road, South Yarmouth, MA Map 60, Parcel 15 Zoning District: R-40 Title: Book 35017, Page 57 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Fraprie, John Mantoni and Sean Igoe - Noticeof-the hearing has-been given -by -sending -notice -thereof to -the Peti-tioner-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 Ewa Argo, Trustee of the Seacret Realty Trust, which property is located at 2 Smith Road, South Yarmouth, Massachusetts, and is in an R-40 zoning district. The petitioner did a fine job of presenting her petition and explaining the relief sought. Specifically, the petitioner seeks to add a mudroom which would extend into the front yard of her dwelling and to add a deck to the rear of the home. The addition of the mud -room will result in a step that will encroach on the front setback by approximately 4 feet. No Board Member had any concern about granting this relief as it was seemingly inconsequential in this particular instance. The proposed rear deck was sought to be constructed to within 3.1 feet of the rear property line, and even though the rear neighbor voiced no objection, the Board was unanimous in its feeling that this was too close to the property line. While each Board Member had their own thoughts as to how far it should be from the rear property line, it was ultimately agreed that the deck, when constructed, should be no closer than 11 feet to the rear property line. Accordingly, a motion was made by Mr. Igoe, and seconded by Mr. Martin, to grant a Special Permit for the construction of the front stairs in conformity with the submitted plans-aiid restrict the rear deck, if constructed, to it being no closer than 11 feet from the rear prope A TRUED- T' RK After discussion, the Board agreed that this relief could be granted without creating any undue hazard, nuisance, or congestion to the existing or future character of the neighborhood or town, to which it would not be a detriment. A roll call vote was taken, and the motion passed in favor unanimously. Steven DeYoung - Aye Sean Igoe - Aye Dick Martin - Aye Jay Fraprie - Aye John Mantoni - Aye A motion was then made by Mr. Igoe, and seconded by Mr. Fraprie, to allow the petitioner to withdraw the request for Variance, without prejudice. A voice vote was taken, and all 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 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) 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 #5020 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 JUL 10 2023 A T ,UE CQla,ATTEST: ` h 7 Petition #: 5020 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: July 3, 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: Ewa Argo, Trustee of the Seacret Realty Trust Affecting the rights of the owner with respect to land or buildings at: 2 Smith Road, South Yarmouth, MA; Map 60, Parcel 15; Zoning District: R-40; Title: Book 35017, Page 57 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, __ S-ection_ld_(last-paragraph)--and Section13,_provides -that -no Special -Permit,.-or-an-y-extension,—mod-i- ication-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. Steven DeYoung, Chairman SARNSTkBL-R REGISTRY Of DEEDS John F. Meade, ReOstef A TRUE COPY ATTEST 41 A4 .'1r s-'00 2023 .�.