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HomeMy WebLinkAbout5015 105 Standish Way Decision Certified 05.11.23YAWMCfljjTH�C; TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: May 11, 2023 PETITION NO: 5015 HEARING DATE: April 27, 2023 PETITIONER: Matthew P. Hurley Trustee of the Hurley Realty Trust PROPERTY: 105 Standish Way, West Yarmouth, MA Map 29, Parcel 136 Zoning District: R-25 Title: Book 21151, Page 216 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Fraprie, John Mantoni and Sean Igoe 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 Matthew P. Hurley, Trustee of the Hurley Realty Trust who seeks relief concerning property located at 105 Standish Way, West Yarmouth, Massachusetts, which property is in a R-25 zoning district. The applicant was well -represented by Ed Stafford and the petition seeks the alternative relief of a Special Permit or a Variance for front, side and rear setback relief to raze and replace a pre-existing, non -conforming structure. The proposed structure will be on the same footprint as the current structure. When completed, side and rear setbacks will be reduced while the front setback will not be increased. This property is located in a neighborhood of small, narrow lots, and any effort to improve/raze and replace a home will likely need relief. The new structure will reduce the sideline setback from 8 feet to 10 feet on the northwesterly side. On the northeasterly side, the setback will be reduced from 6 feet to 7.5 feet. The Board was satisfied with the submission by the petitioner that the ridge of the roof, when properly measured according to the bylaws, will be 27.0 feet in height. The document referencing this was one page with a depiction of the home and handwritten notations which the petitioner's representative assured the Board were accurate in the methodology for determining height. The proposed home, when completed, is a substantial improvement over the property as it now exists. It will be consistent with the neighborhood. A TRUE COPY ATTEST: MaW• 0 l�r�i f C / TOWN CLERK JUN - 2 2023 No one spoke in favor or in opposition to the petition. No exhibits were received. The Board Members agreed that the relief could be granted by way of Special Permit and with the condition that the petitioner move the existing shed to a distance of at least 6 feet from any abutting property line. The Board Members concurred that the relief was appropriate as a Special Permit, and could be granted without any undue hazard, nuisance or congestion resulting. The Board agreed that the house would not be a substantial detriment to the existing or future neighborhood or town. A motion was made by Mr. Fraprie, and seconded by Mr. Martin to grant the Special Permit on the sole condition that the shed be moved to a location at least 6 feet from any abutting property line. A roll call vote was taken with a vote of 5 in favor of the motion, and none opposed. Consequently, the Special Permit was granted. At the request of the petitioner's representative, the request for a Variance as set forth within the petition was asked to be withdrawn, without prejudice, and on a motion made by Mr. Martin, and seconded by Mr. Mantoni, the Board voted unanimously in favor of such 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) zqjr�- iD84%�� 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 #5015 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�U�- WA 9t Mary A. MaslowsAl JUN - 2 2023 A TRUE COPY ATTEST• �7 MC I TOWN CLERK JUN - 2 2023 •Y.d COMMONWEALTH OF MASSACHUSETTS o TOWN OF YARMOUTH LL y BOARD OF APPEALS Petition #: 5015 Date: June 1, 2023 Certificate of Grantinp, 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: Matthew P. Hurley, Trustee of the Hurley Realty Trust Affecting the rights of the owner with respect to land or buildings at: 105 Standish Way, West Yarmouth, MA; Map 29, Parcel 136; Zoning District: R-25; Title: Book 21151, Page 216 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 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. �a� Steven DeYoung, Chairman A TRUE COPY ATTEST: JUN 2 2023