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HomeMy WebLinkAboutBOA # 5049 Doc: 1s489s334 10-11-2023 11a22 B.ARNSTABLE LAND COURT REGISTRY ��"' , TOWN OF YARMOUTH ( : -,=;G_ BOARD OF APPEALS ' -:, r4 '" = '''• DECISION 4 7 t A CNEkv U FILED WITH TOWN CLERK: September 19,2023 0 PETITION NO: 5049 e- HEARING DATE: September 14,2023 PETITIONER: Mark Grant dba Quality Construction Corporation PROPERTY: 58 County Road,West Yarmouth,MA `ci (Yarmouth Camp Ground) 0 Map & Lot#: 83.2 in Zoning District: R-40 &APD V) Certificate of Title#61390 ,{ Lots 1,4 Plan 35030-A {E MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,Sean Igoe,Dick Martin,Jay Fraprie,John Mantoni, and Barbara Murphy(Alternate). 1) Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners e 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. CP1(-. The petitioner is Mark Grant, doing business as Quality Construction Corporation, and seeks relief with respect to property located at 58 County Road, West Yarmouth, Massachusetts. C3 V The property in question is within the R-40 zoning district. The petitioner seeks a Special Permit pursuant to zoning bylaw section 104.3.2(4) in order to build a 4' x 5' addition and extend the existing bump out. Additionally, the petitioner requested a waiver from the requirement for a 1 certified site/plot plan less than two years old. 4 After due consideration and discussion,the Board felt that it could proceed with the petition without 0 a recent certified site/plot plan. The relief is necessitated by the fact that the property is a pre-existing nonconforming property. If `, granted,the relief sought will result in a much more user-friendly property,allowing for the increase ctc in size of an existing half bath to a full bath. This construction will also be in conjunction with the installation of a full basement under the home. .,,, 1• . °, / RECEIVED C .1 OCT 11 ATRUE COPY ATTEST: . 2023WtAttpanix410-44 BUILDING DEPARTMENT (AIv' .C; �N CLERK pCT 10 2023 n . n .i 1 A __ /1. //1 / .- // n l i 1 17 Al111i�_ The petitioner did a fine job in presenting the petition, and the Board was in unanimous agreement that the relief could be granted, without resulting in any undue nuisance,hazard or congestion and it will not result in any substantial harm to the established or future character of the neighborhood or town. A motion was made by Mr. Martin, seconded by Mr. Fraprie, to approve the Special Permit as sought and without condition. A roll call vote was taken, and all five regular members and the alternate voted in favor of the motion and,therefore,the Special Peunit was 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#5049 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. W14"6444 Mary A. Maslowski,CMC OCT 10 2023 t ,t /l r A TRUE COPY•ATTEST: t„a PrAceICTANdt v:Y,q COMMONWEALTH OF MASSACHUSETTS '` ``r TOWN OF YARMOUTH .0`, BOARD OF APPEALS .y �4r..otis Petition it: 5049 Date: October 10,2023 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: Mark Grant dba Quality Construction Corporation Affecting the rights of the owner with respect to land or buildings at: 58 County Road,West Yarmouth, MA (Yarmouth Camp Ground); Map &Lot#: 83.2; Zoning District: R-40 & APD ; Certificate of Title #61390; Lots 1-Plan 35030-A 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. ACZ...4,i-ait(:).„ Steven DeYoung, Chairman BARNSTABLE COUNTY REGISTRY OF DEEDS ATRRU'E COPY,ATTEST Jt:1,- ,. ,I' ' JOHN F.MEADE,REGISTER RUE COW ATTEST: . F ' :#440041 Yl#� l 't;IN i CLi�tC'< BARNSTABLE REGISTRY OF DEEDS y..>1„ ,; �,,, - John F. Meade, Register �'4rrAct•tOCT t 0 2023 7-