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HomeMy WebLinkAboutBOA# 4941 62722 RECEIVED Law Office of Singer & Singer, LLC JUN 2 9 2022 26 Upper County Road P. O.Box 67 BUILDING DEPARTMENT Dennisport,Massachusetts 02639 By:___T Andrew L.Singer Tel: (508)398-2221 Marian S.Rose Fax: (508)398-1568 www.singer-law.com Myer R. Singer(1938-2020) June 27, 2022 - Steven S. DeYoung, Chair Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth,MA 02664 Re: John-Patrick Python and Julia F. Loughman 31 Grist Mill Lane, West Yarmouth Petition# 4941 Dear Chair DeYoung: Enclosed please find a copy of the Decision from the Zoning Board of Appeals for the above referenced matter, which was recorded in Book 35209, Page 258 at the Barnstable County Registry of Deeds. Thank you. Very truly yours, P)on,,utt mobi-Th Bonnie Mossey for Andrew L. Singer Enclosure Copy to: Yaiuiouth Town Clerk Yarmouth Building Commissioner Bk 35209 Pg258 #32449 • 06-24-2022 @ 02 : 05p t.:Y;;'f COMMONWEALTH OF MASSACHUSETTS t,.� TOWN OF YARMOUTH �, ,,r f�/,,,,y �, BOARD OF APPEALS �f cy i r,,•0, Petition#: 4941 Date: June 23,2022 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: John-Patrick Python and Julia F. Loughman 8 Thistle Lane,Gleninont,New York 12077 Affecting the rights of the owner with respect to land or buildings at: 31 Grist Mill Lane, West Yarmouth, MA; Map#: 29; Parcel#: 70; Zoning District: R-25; Book 29939, Page 187 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. )14m„,i3g.,. • Steven S. DeYoung,C iairman A TRUE t O�'Y ATTEST: CMMC ()MC 1'fiA{NN CLE=F1( . ' JUN 73 2022 Bk 35209 Pg259 #32449 • ofYa" ' \o TOWN OF YARMOUTH BOARD OF APPEALS `O ..x j r '3 DECISION 4 FILED WITH TOWN CLERK: June 2,2022 PETITION NO: 4941: HEARING DATE: May 26,2022 PETITIONER: John-Patrick Python and Julia F. Loughman OWNERS: John-Patrick Python and Julia F. Loughman PROPERTY: 31 Grist Mill Lane,West Yarmouth,MA • Assessors Map 29,Parcel 70 Book 29939 Page 187 MEMBERS PRESENT AND VOTING: Chairman, Steven S. DcYoung,Scan Igoe,Jay Fraprie,Dick Martin, and Megan Homer. 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 Cope Cod Times, the hearing opened and held on the date as stated above. The Property, which is located in the R-25 Zoning District, is located at the end of Grist Mill Lane bordering a salt marsh and Mill Creek.The Property is improved with a onness.tau; ingle dtpily dwelling that is pre-existing nonconforming as to right side and rear sett tloaplainh\. requirements.The Property is pre-existing nonconforming as to lot size and montage. Andrew L.Singer,Esquire,appeared on behalf of the Petitioner in support of the Petition.There were no public comments in favor or against the petition. The Petitioner previously secured Conservation Commission and Board of Health approval, and Memoranda from the Commission and Board of Health were submitted. The Petitioner seeks to raze the existing dwelling and replace it with a flood-compliant, less nonconforming dwelling that will have a partial second floor. There will be no change in the number of bedrooms on the Property. Under the Yarmouth Zoning By-Law, Section 104.3.2,the Board of Appeals may approve a special permit to allow a pre-existing nonconforming,single-family dwelling to be razed and replaced if it finds that the proposal will not be substantially more detrimental or more nonconforming to the neighborhood,Zoning District or Town than the existing conditions,and that the proposal will not cause,create or contribute to any undue nuisance,hazard or congestion, and that there will be no substant}al harm to the established or future character of the neighborhood or Town. A TRUE COPY ATTEST: • c,YM6‘/it-1i-ww< Bk 35209 Pg260 #32449 After hearing the Petitioner's presentation, a discussion, including questions,consideration,and deliberations, took place concerning the proposed project,the setbacks of the patio and deck,the proposed height,the adjacent wetlands and flood plain requirements,and potential effects on the neighborhood.The replacement dwelling will be elevated above base flood elevation,and the replacement dwelling and driveway will be relocated further away froth the adjacent wetlands.The pre-existing nonconforming rear setback will be eliminated,and the pre-existing nonconforming right-side setback will be made less nonconforming. Based on the above, the Board found that the proposal fits into the neighborhood and will result in an environmental benefit to the Property and area. The Board further found that the proposal will not be substantially more detrimental or more nonconforming to the neighborhood,Zoning District or Town than the existing conditions, that it will not cause or contribute to any undue nuisance,hazard or congestion, that there will be no substantial harm to the established or future character of the neighborhood or Town,and that the strict enforcement of the current Zoning By-Law will result in undue hardship to the Property or the Petitioners. Thereafter,a motion was made by Mr.Martin and seconded by Mr.Fraprie, and voted by roll call vote 5-0 in favor, to grant the relief requested, subject to the Conservation Commission conditions, in accordance with the submitted site plan prepared by Ryder& Wilcox, Inc.,dated January 5,2022, and last revised April 19,2022, and the elevations and floor plans prepared by McPhee Associates of Cape Cod, dated March 4,2022. No permit shall issue until 20 days from the filing of this decision with the Town Clerk, This decision must be recorded at the Registry of Deeds and a copy forwarded to the Zoning Board of Appeals. Appeals from this decision shall be made pursuant to MGL Chapter 40A 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,MGL c40A §9) Steven DeYoung, Ch an • 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 #4941 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 A TRUE COPY ATTEST: SUN 2 3 2022 'uN,A,mC CMC/TOW }pLERK .JOHN F. 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