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HomeMy WebLinkAbout5042 44 Howes Road Decision Certified 09.14.23MR .M 9e _ - r f_i €�ti � _' - 4 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION September 14, 2023 5042 August 10, 2023 Laura Mendosa PROPERTY: 44 Howes Road, South Yarmouth, MA Map & Lot: 33.84 Zoning District: R-25 Title: Book 31193, Page 142 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean 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 petitioner is Laura Mendosa, who seeks relief concerning property owned by her at 44 Howes Road, South Yarmouth, Massachusetts, which property is in an R-25 zoning district. The petitioner seeks either a Special Permit or a Variance for front setback relief to allow a constructed screened porch to remain. The property sits on a corner lot with its front facing Howes Road and is 29.8 feet from its closest point to the road. In seeking relief, the petitioner points out that this porch was built pursuant to a permit issued by the Building Department and the encroachment was unintended. Additionally, one of the most affected abutters (Arthur Forester, 32 Howes Road) wrote in favor of the petition. The Board received no other input, either in favor or against the petition. Nor were there any new exhibits provided. The Board often grounds relief with respect to encroachment into front/side lines, recognizing that Howes Road is unlikely to be developed further. Moreover, the road leads to an end, adjacent to the petitioner's property. It was felt that the petitioner met the requirements for the grant of the Variance, particularly since the porch is built, and would be a financial hardship to the petitioner, together with its location on a corner lot. Additionally, the hardship is not due to any intentional act of the petitioner and relief can be granted, without either substantial detriment to the public good, or a nullification or derogation from the intent or purpose of the bylaw. A TRUE COPY ATTEST ,-a &dt�f44 CV-M%—i 1 CMC /'YUVVN CL:-_-1,K OCT - 5 2023 A motion was made by Mr. Martin, seconded by Mr. Fraprie, to grant the requested Special Permit without condition, upon which a roll call vote was taken with all members being in favor. The members voted 5-0 as follows with Ms. Murphy present as an Alternate: Steven DeYoung: Aye; Sean Igoe: Aye; Dick Martin: Aye; Jay Fraprie: Aye; John Mantoni: Aye; Barbara Murphy (Alternate): Aye Regarding the request for a Variance, upon the request of the petitioner, this was allowed to be withdrawn, without prejudice and a motion to this effect was made by Mr. Martin, seconded by Mr. Fraprie, and, upon a voice vote, carried unanimously in favor, and so the Variance was allowed to be 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, 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 1, 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 #5042 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, CMC OCT - 5 2023 A TRUE COPY ATTEST: A;4a. N4A�4 - u ! LEI01 TON CLERK OCT -- 5 2023 Yqk COMMONWEALTH OF MASSACHUSETTS �o TOWN OF YARMOUTH y BOARD OF APPEALS Petition #: 5042 Date: October 5, 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: Laura Mendosa Affecting the rights of the owner with respect to land or buildings at: 44 Howes Road, South Yarmouth, MA; Map & Lot: 33.84; Zoning District: R-25; Title: Book 31143, Page 142 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. Steven DeYoung, Chairman A TRUE COPY ATTEST: CNINAI, ; I CAC I TOWN CLERK OCT - 5 2023