HomeMy WebLinkAbout1-27-22 Decision 4930 - 50 Park Ave recordedBk 34931 Pg61 #10268
02-25-2022 @ 01:20p
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
February 1, 2022
4930
January 27, 2022
Ates Civitei, Elizabeth Civiitei and Scott Schumacher
PROPERTY: 50 Park Avenue, West Yarmouth, MA
Map 20, Parcel 73
Zoning District: R-25
Title: Book 32858, Page 286
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Jay Fraprie and
Dick Neitz
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 seeks a Special Permit pursuant to Zoning Bylaw § 104.3.2, in order to raze and
replace a single family dwelling. The Property is located in the R-25 Zoning District and is
improved with a one and one half story single family structure having 4 bedrooms and 2 baths,
and constructed in approximately 1910, The property also has a detached garage which is being
retained. The property contains approximately 16,553 square feet, a portion of which is within
100 feet of an overgrown bog. A portion of the lot and the existing structure are located in Flood
Zone 11 and X. The dwelling is situated 11.3 feet from the front boundary, but approximately 19
feet from the edge of pavement of Park Avenue. The property complies with both side yard and
rear setbacks.
The proposal is to remove the existing home, and to build a new single family home. The new
structure will continue to comply with the side and rear setbacks. The front setback will change
from its current 11.3 feet to 26.8 feet to the front porch, and then increase to the proposed height
of 34.1 after the 30 foot setback. In addition, the lot is higher than the street and this berm
provides additional security to the driving public. The basement will be flood compliant and
equipped with 12 flood vents. and only used for storage. Lot coverage will be reduced to
13.8 %.
A TRUE COPY ATTEST
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The Conservation Commission has already approved this plan and issued an Order of Conditions
on November 22, 2021. That Order includes a 600 square foot mitigation planting requirement,
as shown on the plan.
The Petitioner had previously applied to this Board for relief in order to raise the current
dwelling on the same footprint, to address the flood zone issues, and to add another story to the
property. Prior to hearing, and due to concerns about the structure's proximity to Park Avenue,
the application was withdrawn without prejudice.
No abutters expressed support or opposition to the project. The Board was in unanimous
agreement that the -new structure was an improvement over what was original proposed. They
also agreed that the design of the house will be in keeping with this changing neighborhood, and
that the location of the abutting environmental concerns were taken into consideration. The
Board found that the raze and replacement of the structure would not be substantially more
detrimental to the neighborhood, zoning district, or Town, than the existing non -conforming
structure, and would not create any undue nuisance, hazard or congestion.
Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Neitz, to grant the Special
Permit, as requested. The members voted unanimously (4-0) in favor of the motion, and the
Special Permit was therefore, granted.
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 #4930 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.
A TRUE COPY ATTEST:
Mary A. Maslowski FEB 2 2 202
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Bk 34931 Pg63 #10268
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COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4930 Date: February 22, 2022
Certificate of Granting of a S ecial 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:
Ates Civitci, Elizabeth Civitci and Scott Schumacher
50 Park Avenue
Nest Yarmouth, MA 02673
Affecting the rights of the owner with respect to land or buildings at: 50 Park Avenue, West Yarnouth, MA;
Map 4:20; Parcel #: 73; Zoning District: R-25; Book/Page: 32858/286 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) clays 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.
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Steven S. DeYoung, Chairman
A TRUE COPY ATTEST
EGISTER
REGISTRY OF DEED!
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