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HomeMy WebLinkAbout5041 67 Taft Road Decision RecordedDoc = 1 r 4-87 r 926 09--21-2023 9 - 35 BARNSTABLE LAND COURT REGISTRY FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: TOWN OF YARMOUTH BOARD OF APPEALS DECISION August 29, 2023 5041 August 10, 2023 PETITIONER: Robert L. Bushway and Julie Bushway PROPERTY: 67 Taft Road, West Yarmouth, MA Map 58, Parcel 73 Zoning District: R-40 Land Court Lot #14, Plan #33984-A, Sheet 3 Certificate of Title #222589 '2 3 Fife"-29 ig MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Seam 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 are Robert and Julie Bushway, 67 Taft Road, West Yarmouth, Massachusetts, which property is in an R-40 zoning district. The applicant seeks a Special Permit or, alternatively, a Variance for rear setback relief to allow a constructed deck to remain, despite its encroachment into the rear setback of the property. The petitioner spoke in favor of the requested relief. No other person spoke in favor or in opposition to the requested relief Mr. Igoe drew the Board Members' attention to the fact that there is existing fencing encroaching into Town -owned property. Specifically, Mr. Igoe wanted to make it known within this decision that this encroachment existed, and no action of this Board approved the encroachment of the fence. Specifically, it was done to advise the petitioner that the location of the fence is illegal and nothing about this decision provides any right of the petitioner to consider a Town -owned property as his own. Concerning the request to allow the existing deck to remain, the Board was in agreement that, due to the petitioner's reliance upon the representations of his contractor, it would be a financial hardship to the petitioner to have to dismantle or otherwise bring the deck into conformity. The deck enhances the property and should be of no concern to any abutter. There i.s Pratte n6other )'PA place for the construction of the deck to accommodate what he presently has on the property. Further, it was felt that relief could be granted, without either substantial detriment to the public good or nullifying or substantially derogating from the intent or purpose of the bylaw. A motion was made by Mr. Igoe to grant the Variance requested by the petitioner, which motion was seconded by Mr. Fraprie. A roll call vote was then taken with all members responding that they were in agreement with the motion and, therefore, the Variance was granted. The Board then moved on to the petitioner's request for the grant of a Special Permit be allowed to be withdrawn, without prejudice. The motion was made by Mr. Fraprie and seconded by Mr. Martin. A voice vote was then taken with all members of the.Board voting affirmatively to allow the requested relief to be withdrawn, and, therefore, the Special Permit was withdrawn without prejudice. 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) Steven DeYoung, Chairman CERTIFICATION OF TOW 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 #5041 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. f Mary A. aslowski� CM G SEP 1 9 2023 Petition #: 5041 COMMONWEALTH OF MASSACHUSETTS TOWN QF YARMOUTH BOARD OF APPEALS Date: September 19, 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: Robert L. Bushway and Julie Bushway Affecting the rights of the owner with respect to land or buildings at: 67 Taft Road, West Yarmouth, MA; Map 58, Parcel 73; Zoning District: R-40; Land Court Lot #14, Plan #33984-A, Sheet 3; Certificate of Title #222589 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 I I (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 Iocated 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. '04�' '-Z� Steven DeYoung, Chairman F BLE COUNTYY OF DEEDSOPY, ATTESTDE REGISTER BARNSTABLE REGISTRY OF DUOS John Fs Meade, Register w 1/ UE:�� NEST: v-,-t3 4! 9 err F-.