The URL can be used to link to this page

Home My WebLink AboutDecision 4746Pk 31373 F'y 186 ,:31914 � 16-29-2018 c`J 02 = 36n . . TOWN OF YARMOUTH BOARD OF APPEALS _ .. = DECISION FILED WITH TOWN CLERK: May 31, 2018 PETITION NO: 4746 HEARING DATE: May 24, 2018 PETITIONER: Francisco C. DaFonte and Karen M. DaFonte PROPERTY: 32 Old Church Street, Yarmouth Port, MA Map & lot#: 0133.50;Zoning District: R-40 Book/Page: 30235/260 MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Dick Martin, Thomas Nickinello, Tom Baron and Susan Brita 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 Register, 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 alter or extend a legally pre-existing non -conforming single family dwelling into the front yard setback. The Property is located in the R-40 Zoning District and is improved with a one '/2 story single family structure having 3 bedrooms and 2 baths, and constructed in approximately 1900. The lot consists of 65,439 square feet. In addition to the main dwelling, there is also constructed a detached garage, small storage shed, and a barn located near the rear boundary of the property. None of these accessory structures will be altered as part of this project. The house currently encroaches into the front yard setback by approximately 10.5 feet at the front covered porch, but meets all other setback requirements. The building coverage currently measures 6.3%. The proposal includes three separate additions to the main house, 2 of which are permitted by right as they encroach no further into any setback than the existing structures, the height of which will not be taller than the existing peak measurement. The third addition, consisting of a covered porch along the front of the home, however, does require relief as the southerly most portion of that structure will encroach 12 inches further into the front yard setback than the existing covered porch. The lot coverage increase will be de minimus. The height of the home will be unchanged. No abutter or other interested party appeared either in favor or in opposition to the Petition. The Board was in unanimous agreement that the expansion of the structure would not be substantially more detrimental to the neighborhood, zoning district, or Town, than the existing non- q conforming structure, and that no undue nuisance, hazard or congestion will be created. Accordingly, a Motion was made by Mr. Martin, seconded by Mr. Nickinello, to grant the Special Permit, as requested, without condition. The members voted unanimously in favor of the 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) Steven DeYoung, Oh irman Appeal #4746 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: June 21, 2018 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: Francisco C. DaFonte and Karen M. DaFonte 32 Old Church Street YarmouthPort, MA 02675 Affecting the rights of the owner with respect to land or buildings at: 32 Old Church Street YarmouthPort. Zoning District: R-40; Map & Lot#: 0133.50; Book/Page: 30235/260 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. �e Steven DeYoi , Chairman TOWN OF YARMOUTH Town 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III, 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 #4746 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. BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTES Petition# Petitioner: Hearing Date: v' REQUEST: SPECIAL PERMIT: & VARIANCE: § Overturn B.I. Members of the Board present and voting. It appearing that notice of said hearing hat been given by sendifig dotice thereof to the petitioner land all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. IN .� FAVOR A ,r. PIA Reason for the Decision: OPPOSED Motion by: kAAIN Seconded by: t• "t te: Members voting in favor: Opposed: Therefore, the SPECIAL PERMIT VARIANCE APPEAL is GRANTED DENIED WITHDRAWN CONTINUED TO: CONDITIONS: EXHIBITS RECEIVED AT HEARING: TOWN OF YARMOUTH VA-R _:JJT'—i DWI CLEW BOARD OF APPEALS APPLICATION FOR HEARING ' -'i K`' � ' � �' �nC Appeal#: Hearing Date' (%`�4 Fee$ J1✓f 6 Owner -Applicant: FRANCISCO C. DAFONTE and KAREN M. DAFONTE 32 Old Church St, Yarmouth, MA 02675 (508) 362 7799(Atty) ptardif(i,tardiflaw.com (Address) (Telephone Number) (Email Address) and is the (check one) XX Owner 0 Tenant 0 Prospective Buyer ❑ Other Interested Party Property: This application relates to the property located at: 32 Old Church Street, Yarmouth Port and shown on the Assessor's Man 133 as Parcel 50, Zoning District: R_40 Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project. i.e.: "add a Why 15' deck to the front of our house" or "change the use of the existing building on the property"): Extend front covered porch to the south, which will encroach one foot further into front setback. RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: 1) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. 2) XX SPECIAL PERMIT under §104.3.2(2) of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 Al.(use space below if needed) V/VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section: 9&V,.r Relief sought: Section: Relief sought: Section: Relief sought: ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: FACT SHEET Current Owner of Property as listed on the deed (if other than applicant): Same as Applicant. Title deed reference: Book 30235, Page 260 Use Classification: Existing: Single Family Proposed: Single Family Is the property vacant: No Lot Information Size/Area: 65,439 s/f §202.5 # Al §202.5 # Al Plan Book 607, Page 96 Is this property within the Aquifer Protection Overlay District? Yes _ No XX Have you completed a formal commercial site plan review (if needed)? Yes _ No XX Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/ or will review this project, and indicate the status of their review process: Building, Health Repetitive Petition: Is this a re -application: No If yes, do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available information. Special Permit 4001— granted to divide the property into 2 lots raut K. r arau, r sq. Address: 490 Main Street Yarmouth Port, MA 02675 Phone: (508) 362-7799 E-Mail: ptardif(a),tardiflaw.com Building 0mrfilssi6ner Signature Date t'A Bk 30235 P0260 *2507 01-13-2017 a 03=37p QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS that JUDITH E. BARNATT, as Trustee of THE JUDITH E. BARNATT REVOCABLE LIVING TRUST AGREEMENT DATED FEBRUARY 11, 2003, see Certificate of Trust recorded with the Barnstable Registry of Deeds in Book 16394, Page 161, having a mailing address of P.O. Box 261, Yarmouth Port, Massachusetts 02675, For consideration paid of SIX HUNDRED TEN THOUSAND & 001100 Dollars ($610,000.00)1 grant to FRANCISCO C. DaFONTE and KAREN M. DaFONTE, Husband and Wife as tenants by the entirety, of 31 Broad Acres Farm, Medway, Massachusetts 02053, with QUITCLAIM COVENANTS, The land, together with the buildings thereon, located at 32 Old Church Street, Yarmouth Port, Massachusetts, more particularly described as follows: Containing 65,439 square feet, more or less and being shown as LOT 2 on a plan of land recorded with the Barnstable County Registry of Deeds in Plan Book 607, Page 96. Said property is subject to and with the benefit of the provisions of a Special Permit issued by the Town of Yarmouth, recorded in Book 20843, Page 344. Said property is subject to and with the benefit of any and all other rights, reservations, restrictions, and easements of record, if any there be, insofar as now in force and applicable. -.6 Bk 30235 Pg261 #2507 The grantor herby certifies as follows: 1. I am the sole Trustee of The Judith E. Bamatt Revocable Living Trust Agreement Dated February 11, 2003; 2. Said trust has not been altered, amended or revoked and is still in full force and effect; 3. All of the : beneficiaries of The Judith E. Bamatt Revocable Living Trust Agreement Dated February 11, 2003 are of full age and legal capacity and none of the beneficiaries is a corporation; 4. I, as Trustee, have been directed by said beneficiaries to transfer the property at 32 Old Church Street, Yarmouth Port, Massachusetts 02675 for $610,000.00, the consideration recited in this deed. I, Judith E. Bamatt, Trustee of The Judith E. Barnatt Revocable Living Trust Agreement Dated February 11, 2003, the Grantor named herein do hereby voluntarily release all my rights of Homestead as set forth in M.G.L. Chapter 188, if any, and there are no other persons entitled to any such rights. ! For title, see Deed recorded in Book 16394, Page 161. See also Deed recorded in Book ,?cQ ?,6_ Page 0 r5CP Bk 30235 Pg262 #2507 SIGNED under the pains and penalties of perjury this �day o 2017. E. Bamatt, Trustee COMMONWEALTH OF MASSACHUSETTS Barnstable, ss On this 1P-11� day of J t ag (-y 2017, before me, the undersigned notary public, personally appeared Judith E. Barifatt, Trustee, and proved to me through satisfactory evidence of identification, being (check whichever applies): driver's license or other state or federal govemmental document bearing a photograph image, ❑ oath or affirmation of a credible witness known to me who knows the above signatory, or o my own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged to me that she signed the foregoing instrument voluntarily for its stated purpose and who swore or affirmed to me that the contents of this document are truthful and accurate to the best of her knowledge and belief. .1� SEAL BAR oh BF. Meade, EDS egister TA fD Di ;A k mission expires: Cn N r tj NYtD CL' A O4 MM C CCC YZ2 C: KK c omX ui 0..�. anwc�`iw C 4NJ1 l�1 X cti o 0 0 [n rMa .+oas N ."CDC oYlrcn p��mml O r2/q Ks S m WCDm ::Cf.1M .»n wain D•.IF �I --1 .1 C 3 K AI 00 OJ O CD a A-JyI -ea'%+- _°` TOWN OF YARMOUTH 7 1146 ROUTE 28, SOUTH YARMOUTH, MA 02664-4451W t E� xa"a Telephone (508) 398-2231 Ext. 1292—Fax (508) 39MB36 OLD KING'S HIGHWAY HISTORIC DISTRICT COMMITTEE APPLICATION FOR Gt ftn!r- CERTIFICATE OF APPROPRIATENESS Application is hereby made for issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts of 1973 as amended, for proposed work as described below & on plans, drawings, photographs, & other supplemental info accompanying this application. PLEASE SUBMIT 4 copies OF SPEC SHEET(S), ELEVATIONS, PHOTOS, & SUPPLEMENTAL INFORMATION. Check'All Categories That Apply: Indicate type of Building: Commercial -X- Residential 1) Exterior Building Construction: _New Building -Addition V Alterations _Rero W- rage _Shed _ Solar Panels _Other:` •'_' ; 2) Exterior Painting: *Siding Shutters Doors _Trim _Other: .Apo 2018 3) Signs/8ill!»ards: New Sign _ Change to Existing Sign YA 4) Miscellaneous Shtietares: _Fence _Wall _Flagpole _Pool _Other: OLD ItI 2AIOUTH Please type or print legibly: INAY Address of proposed work: bZOld C4� 19 k27,1� M Map/Lot # ' Owner(s): TIR�W ? I +Xf Phone #: All ap lications must be submitted by owner or actompanled by letter from owner approving submittal of application. Mailing address: Email: Agent/contractor. Year built: 18?gnt notification method: Phone'r,� Email Phone #: method: Description of Prom - �� Signed (Owner or agent): Date: > Owner/contractor/agent is aAreAat a pernityis required from theij3uilding Depa4ent (Check other departments, als&. c Uzi1 ➢ If application is approved, ppr val is subject to a 10-day appeal period required by the Act. �Y' > This certificate is good for dn6year from approval date or upon date of expiration of Building Permit, whichever date shall) I� to D All new construction will be subject to Inspection by OKH. OKH-approved plans MUST be available on -site for framing &Xla#r 4til .tp Rcvd Date: f{-i-1 R AmountLin CasK/CK1 Rcvdlb�y/: gz�l- 45 Days: Date Signed: Approved _Approved with _Modifications Reason for [J SQ40%GLERI( MOUTH, MA o3noie 1 APPLICATION #: / ff�t3D3 % Property Location: 32 OLD CHURCH ST MAP ID:133150/ / / Bldg Name: State Use:1010 Vision 1D: 15531 Account # 15531 Bldg #: 1 of 1 Sec #: 1 of 1 Card 1 of 1 Print Date: 05/02/2018 11:47 Property Location:32 OLD CHURCH ST Vision ID:15531 Account # 15531 MAP ID: 133150/ / / Bldg #: Bldg Name: - State Use: 1010 I of 1 Sec #: 1 of I Card 1 of 1 Print Date:05102/2018 11:47 AFONTE FRANCISCO C bove Street as 1 av,d uburban Description Code Appraised Value Assessed Value AFONTE KAREN 81 1 BROAD ACRES FARM 8/5 YARdfOUTH, MA oiling ublic Water ESIDNTL ES LAND ESIDNTL 1010 1010 1010 173,900 133,800 29,100 I73,900 1J3,800 29,100 eptie %IEDWAY, NIA 02053 SUPPLEMENTAL DATA Additional Owners: ther!D: I I U F006//I VOTE fISC 420 VOTE DATE RANGES EITERMENT PRIVATE R( VISION LAN NUMBE11357 IP CODE 2675 Total 336,800 336,800 1S11): 111_305801 829365 ASSOC PID# RECORD OF OWNERSHIP BK-VOLIPAGE ISALEDATE also w1 SALEPRICE I:G PREVIOUSASSESSMENTS HISTOR AFONTE FRANCISCO C 30235/ 260 01/13/2017 U 1 6I0,000 IN Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value 2on lo10 173,900 017 1010 173,900 2016 1010 173,900 ARNATT JUDITH EVANS TR 16394/ 161 02/13/2003 U I 1 I ARNATT JUDITH EVANS 14967/ 31 03/25/2002 U 1 199,900 10 018 1010 133,800 017 1010 133,800 016 1010 123,100 IBSON JOSEPHD 12244/201 05/03/1999 U 1 115,000 IL 018 1010 29,100 017 1010 29,100 016 1010 29,100 WRIGHT SANDRA 12244/ 199 05/03/1999 U I 25,000 IJ IGHT SANDRA 12240/ 197 05/02/1999 U I I5,000 1J Total: 336 800 Total: 336 800 Total: 1 326.100 - EXEMPTIONS IOTHER ASSESSMENTS This signature acknowledges a visit by a Data Collector or Assessor Year I ppe Description Amount Cade Descri tion Number Amount Comm. Int. APPRAISED VALUE SUMMARY Appraised Bldg. Value (Card) XF (B) Value (Bldg) OB (L) Value (Bldg) Land Value (Bldg) Land Value 173,400 500 29,100 133,800 0 ASSESSING NEIGHBORHOOD Appraised NBHD/SUB I NBHD Name I Street Index Name I Tracinz I Batch Appraised 0050/A I I I IAppraised NOTES - - - - - - Special ATURAL&WHITE IG 0420 RMS STABLE-ATT'D TO FUS=FRONT/ REAR DORMER Total Appraised Parcel Value 336,800 AS STOVE Valuation Method: C SOME IMPROVEMENTS TO BRN Adjustment: djustment: 0 et Total Appraised Parcel Value 336,800 BUILDING PE&VIT RECORD VISIT/ CHANGE HISTORY Permit /D Issue Date Type escri tion Amount Insp. Date %Comp. Date Como. 7ommena Date Type IS ID Cd. PurposelRess,lt 19-001932 10/03/2017 INSL - nstall lnsula 3,500 0 epair. Install lnsulatiot 3/06/2014 BH 00 leasur+Listed 04-064 07/17/2003 RI leside 6,000 too 01/01/2004 IEROOF, REPLACE 2 1/01/2014 01 1 BE CY CYCLICAL 2014 03495 11/25/2002 RS lesidential 7,000 05/14/2003 100 01/01/2003 DD DORMER W/BTH 11/30/2005 JB 00 leasur+Ltsted 01430 12/23/2000 RS lesidential 4,075 04/16/2002 100 01/01/2002 WDITION II X 14 11/10/2005 JB 01 Ieasur+I Visit 00-873 05/16/2000 RS lesidential 15,000 05/29/2001 100 01101/200I DD 2 DECKS, ADD Stl 11/10/2005 JB 02 leasur+2Visit-Info Can 233 10/04/1999 RS lesidential 1,750 100 01/01/2000 IEROOF 997681 08/15/1994 RS lesidential 1,000 100 ENERALR _ LAND LINE VALUATIONSECTION B Use Use Unit 1.Acre C. ST. S ecial Pricinjz SAdj Spec Use I See Cal, # Code Description Zone D Front De th Units Price Factor v.A. Disc Factor Idx Ad'. Notes -Ad' Fact 4di. Unit Price land Value 1 1010 SINGLE FAM MDL 01 G 40,000 SF 2.48 1.0000 5 1.0000 1.00 050 1.25 1.00 3.10 124,000 1 1010 SINGLE FAM MDL-0I G 0.78 AC 20,000.00 1.0000 5 1.0000 0.50 050 1.25 1.00 12,500.00 9,800 Total Card Land Units: 1.70 AC Parcel Total Lend Area: L7 AC Total Land Value: 133,800 YARMOUTH BOARD OF APPEALS ABUTTERS LIST Petition# Name: Francisco and Karen DaFonte Filing Date: 4 o Hearing Date` •%!`� Property Location: 32 Old Church Street, Yarmouth Port, MA 02675 Map Number Lot Number Map Number Lot Number Applicant # 133 50 Abutters Ws 43 44 45 46 47 48 49 51 52 1 2 124 34 35 36 39 40 41 42 2 Labels-1 Hard Copy Assessors Field Card with photo Andy Machado, Director of Assessing 0 r� 123/ 581 / / 124/ 42/ / / 133/ 1/ GREENLAW HEIDI A SIMS ELIZABETH S SINGER MICHAEL S TRS LOEFFLER GRETCHEN L 5 HAWTHORNE LN ASEFZADEH BAHARAK TRS 368 MAIN ST BEDFORD, MA 01730 PO BOX 67327 SALEM, NH 03079 CHESTNUT HILL, MA 02467 1231 59/ / / 124/ 501 / / 133/ 2/ SEVIGNY JEANETTE M MCGRATH THOMAS J CASH ALFRED RAY P 0 BOX 147 MCGRATH HELEN E MARCELLA KIM F YARMOUTH PORT, MA 02675 23 DAMARIS DR 39 OLD CHURCH ST YARMOUTH PORT, MA 02675 YARMOUTH PORT, MA 02675-1337 123/ 60/ / / 124/ 511 / / 133/ 3/ TOORAEN ERIKA L KUSSMAUL ALBERT E RADCLIFF DONALD P 56 ORCHARD ST KUSSMAUL CAROLE A RADCLIFF JADE COS COB, CT 06807 19 DAMARIS DR 800 SEVENTH ST YARMOUTH PORT, MA 02675 NEW BRIGHTON, PA 15066 124/ 32/ / / 124/ 52/ / / 1331 4/ / / WHELDON EDWARD F BROWER JAMES N HASSLER LISA M 417 NORTH DENNIS RD KENNEALLY SUSAN A LOCONTE DONNA J YARMOUTH PORT, MA 02675 9 MILL POND RD 7 STOCKTON ST WEST BRIDGEWATER, MA 02379 BOYLSTON, MA 01505 1241 35/ / / 124/ 53/ / / 133/ 5/ / / SELEMON PATRICIA A MCDONALD KRISTEN B CICCOLO JOSEPH E JR PINNEY STEPHEN C ANDERSON MICHAEL V CICCOLO LAURIE A 23 PLAYGROUND LN 16 OLD CHURCH ST 20 LURIE CIR YARMOUTH PORT, MA 02675-1331 YARMOUTH PORT, MA 02675 STOUGHTON, MA 02072 124/ 361 / / 124/ 541 / / 133/ 6/ DOBERE WER NIGEL 0 MERE MARIO B RICH ROBERT T DOBEREWER CATHY A MERE SALLIE H RICH SUSAN B 15 CLARK RD 10 OLD CHURCH ST 65 CAMELOT RD FISKDALE, MA 01518 YARMOUTH PORT, MA 02675-1328 YARMOUTH PORT, MA 02675-1306 124/ 38/ / / 132/ 121/ / / 133/ 40/ TOWN OF YARMOUTH HALL BRADFORD L BLACK MARGARET C TRS 1146 ROUTE 28 HALL HERSILIA C C/O ROCKLAND TRUST SOUTH YARMOUTH, MA 02664-4463 47 OLD CHURCH ST 22 WIANNO AVE YARMOUTH PORT, MA 02675-1337 OSTERVILLE, MA 02655 124/ 391 / / 132/ 122/ / / 133/ 41/ LEDDY MICHAEL KELLEY ELIZABETH A PALMER WILLIAM J JR PO BOX 109 138 PINE GROVE AVE 16 ESSEX WAY HARWICHPORT, MA 02646 LYNN, MA 01904 YARMOUTH PORT, MA 02675-1321 1241 40/ / / 132/ 123/ / / 133/ 42/ / I OLIVER DUNCAN B TRS FAGAN STEVEN F SUMMERS NANCY (LIFE EST) OLIVER CAROL A FAGAN JOANNE M 29 BRIARCLIFFE TRL 12 DAMARIS DRIVE 42 CENTER ST OLD SAYBROOK, CT 06475 YARMOUTH PORT, MA 02675 YARMOUTH PORT, MA 02675 124/ 41/ / / 132/ 1241 / / 133/ 43/ JAMESON KENNETH F TR GALLAGHER THOMAS P FORD RRHARD P TRS KENNETH F JAMESON TRUST GALLAGHER JEAN M FORD BRENDA A TRS IS DAMARIS DR P O BOX 714 S GERSHOM DR YARMOUTH PORT, MA 02675 YARMOUTH PORT, MA 02675 NORTH GRAFTON, MA 01536 4 133/ 44/ KANTER DEBORAH ELKINS JAIME 21 ESSEX WAY YARMOUTH PORT. MA 02675 133/ 45/ GRONBERG MARK A GRONBERG KAREN T 35 V ERA DR BRIDGEWATER, MA 02324 1331 461 BATTAGLIA JOSEPH BATTAGLIA KAREN I I I BURLINGAME RD SYRACUSE, NY 13203 133/ 47/ GRONBERG KARL M TRS C/O GRONBERG FAMILY TRUST 9 ESSEX WAY YARMOUTH PORT, MA 02675 1331 49/ PINTABONE MARY A I ESSEX WAY YARMOUTH PORT, MA 02675-1320 1331 501 DAFONTE FRANCISCO C DAFONTE KAREN M 31 BROAD ACRES FARM MEDWAY, MA 02053 133/ 511 / ALBUQUERQUE GARY ALBUQUERQUE CONSTANCEI 47 MINNEFUXEF WAY YARMOUTH PORT. MA 02675-1341 133/ 52/ / SEGAL DONALD E SEGAL RISA M 49 MINNEIUXET WAY YARMOUTH PORT, MA 02675 1331 53/ / / BASLER BRIAN D P O BOX 119 YARMOUTH PORT, MA 02675.0119 Please use this signature to certify this list of properties abutting within 300' of the parcel located at: 32 Old Church St., South Yarmouth, MA 02664 Assessors Map 133, Lot 50 Andy Mikhado, Director of Assessing JOB NO. Y17-22 DaFonte.dwg N /F FB33/38 PIN TAB ON E NOTES 1. LOCUS IS A.M. 133, PARCEL 50. 2. OFFSETS SHOWN ARE TO CORNER BOARDS. 3. LOCUS IS IN FLOOD ZONE X(OUTSIDE 0.2% RISK) ON FIRM DATED JULY 16, 2014. rn ZONING DISTRICT- R40* o REQUIRED PROVIDED Y LOT SIZE 40,000 S.F. 65,439 S.F. FRONTAGE 150' 219.96' o m FRONT YARD 30' 18.5' Z a SIDE YARD 20' 79.3' ' REAR YARD 20' 5.5' ^' cn ' LOT COVERAGE 25% 6.3% w *ASSESSORS LIST HOUSE AS BUILT I IN 1900 N /F FOREMAN 0 0 N� O N .P U Ito W 3a EXIST. OPEN PORCH 32±S.F. 19.5' 22-S 18.5' 22.1' N 87'29'50" E 106.750' N /F GRONBERG EXIST SHED 21±S.F. N 87'29'50" E 158.25' to of Li LL Co O Z Of 0 w J i _ APPROX. LOCATION 90 O i i i i OF SEPTIC SYSTEM _�_� I I FROM 6/14/16 o i li-� I INSPECTION 6.7' i I i 30:2.,......::•::::....: I I i PROPOSED 318 S.F. ADDITION �/ IL-t i I L -J I � I I EXISTING BARN o 12s 1514t S. F. / N /f _ 5, N ._ _ ................. :........... 5.5 GARAGE LOT 2 Exist. Deck L-__ EXIST.; N/F :. "•i: 238jrS.F. 1 492±S.F. `": SEGAL / I I 1.2 1 I EXIST. HOUSE ^.....-12— .::. I' :::.....3'::....... f M :N N0.32 ' 652439±S.F. 1198 f S. F. / / :.. 18., 3 ION Z� Co :...... ::..3' o 5' ......... u7 nj ..eh �.• O T2.3 T -----.�.�::-..:. PROPOSED L_ 117 S.F. OPEN PORCH PROPOSED 197 SF ADDITION n � SITE PLAN FOR FRANCISCO C. & KAREN M. DAFONTE LOT 29 32 OLDS, CHURCH STREET, YARMOUTHPORT, MA JANUARY 9, 2018 SCALE: 1 "=20' RONALD J. CADILLAC, PLS, RS, P.C. PROFESSIONAL LAND SURVEYOR & REGISTERED SANITARIAN P.O. BOX 258 WEST YARMOUTH, MA 02673 212.00' N 86.57'00' W N /F LEDDY N /F OLIVER I CERTIFY THAT THE LOCATIONS SHOWN ON THIS PLAN WERE MEASURED IN THE FIELD ON 1 /08/2018. �•(N OF 4f4SS'�C RONALD yes JAMES CADILLAC N o #35779 0 essNo No Su ,lo 2018 BY R.J. CADILLAC (508) 775-9700 REV. 1/11/2018--PROPOSED ADDITION PAGE 1 OF 1 MAN -�n Ra------ WEST FRONT ELEVATION SCALE 114-- 1'-0" sour" RIGHT ELEVATION SCALE iM- 114' coral xll• N_ O N s K 0 w z N G DATE mi b 2 SCALE lm'.1 n DMWNG* A-1 w z 0 F- LU EAST REAR ELEVATION SCALE 1W - T-T .— 6ECDN0 �IDOR� ._. na. Rcrrt� NORTH LEFT ELEVATION SCALE 1/4' "•-0' BASEMENT W h b M O Q a 0. h C7 G a Wr S ti U aq i = W � � �Zs o V o e L6 3c� W a � oA'rE m,z, rzon SCN.E 1R'. 1'-P DRANEN6R �-Jl SECOND FLOOR DATE 07/24 t2017 SCALE Vr. 1'.P DMWN0 f. A-3 SECOND FLOOR FIRST ROOK 0.15111dT SIA! e+sendT sue SlCWp fLWR FRST RNR e.sEnENT �I.A9 FRO7H' • NT ELEVATION SCALE; T•D• SOUTH RIGHT ELEVATION SCALE 1/4'• 1'-0' THESE PLANS ARE IN COMPLIANCE NTH MASSACHUSETTS STATE BUILDING CODE NINTH EDITION 1120 MPH WIND ZONE l VENT IIT$CTURAL ALT RWF ALT N u sTMG m RIM! CORNER BOARDS N TRIM 1 u✓E%ISTING L n wNCLLs d � MR V m J J � !T!R BE miael� V= d 08 :E� m L T 0 m l7Z aN m 0 N n m N sO 2 ' I. 6 0 6 �0 W N� uj a l•• co $Z� o eQ F >LL.o gc; LU a 6 DATE 01/04=IS SCALE. 1rt'• 1'-0' DRAWNG V. A-1 THESE PLANS ARE IN COMPLIANCE WITH MASSACHUSETTS STATE BUILDING CODE NINTH EDITION/ 120 MPH WIND ZONE FIRST RIX STEPPED p BiSEimE- SI GA5T REAR ELEVATION SCALE: 1/4•.,LO• ,_, sEcoND FLLpq_.� J J W Q U m of Q Vf U Z N A Sf N O F C A. A. x F Wo u o W e W a JU z .0 0 o a H 0 1L O O INo w DATE D1/Nnmg SDALE I/C. 1'd DR WNG F. A-2 a THESE PLANS ARE IN COMPLIANCE WITH BUILDING CODE NINTH EDITION / 120 MPH WIND ZONE TS WALL KEY O onsnaG wAUE TO BE REM✓EO ® PR(A'M�ED NALLB H J W nm QLi gET cl: Q1ri €ems Uz '<}� OATS 011041201E sake. 118". V4. ORANINO k. A-3 THESE PLANS ARE IN COMPLIANCE WITH MASSACHUSETTS STATE BUILDING CODE NINTH EDITION 1120 MPH WIND ZONE WALL KEY G7 Enenrw wus C_=_==7 HAILS TO Be REIGNED ® PROPOSED HA4,S R E w l W O H z wy a z u Wt=t O K' O LL i zo V o Q O U M1 0 p N DATE w/Mole SCALE 1R'•1'-0• DRAWNG P. A-4 u THESE PLANS ARE IN COMPLIANCE VATH MASSACHUSETTS STATE BUILDING CODE NINTH EDITION / IZD MPH W ND ZONE SA• ANCHOR BOLTS 0 w O.C. IN. T ETBEDI'IEM �WS151VA• PLATE NASIER— DROP HALL FOR BILCO 'C• w KHEA FWNDATM BASEMENT GARAGE D.a DEu JDSTs K• 0= W6TNR BASEMENT I BASEMENT I �C I® X'N1�5o•R OPENING FOR LRANL _ i SPACE ACCESS FIL S)p COIK I IfD 6TEE1 CALL iON RETE COYRRf FOOiING 1 Ems. EPOIIY nR w O.c j LL INTO 5 O TGN HALL I O I as r W. 0. -I c PROPOSE; D I TO BE CENTERED ISTING NOUSfIRIDGE FA6TND �i it A I/ oll •'' II / / X� I ' e• P.T. POST TTp. ,O P.T. NH NOR Z " TYP. UL412ATION NOTES: I. PIAB Fg TION HALLS TO BE NP pDURED TGIKRETE f1• ON, r >3 BARS TOP C BAR G FOMWTKN HALL TO BE ON RM1r• STRIP PDOTING. PROVIDE X R HOR4 BARS Cp!{INLCLS M STRIP FOOTING W RETWT. MR DE PS VERTIGIL DONELI • E4 O.C. !%TENDED B'K' MIN. ABOVE TOP DP POOTING. PROVIDE TL' ANCNOR BOLTS U• O.L. MAtt. MIN. T ETBEDMENT W SSS•e• PLATE HASHER, 2. ALL TOP STEEL- COLYTNS TO BE W CONCRETELLEO FILALLT Cq.DAIS TO r Y• DLl BOLTS. NBny.PRO" i•'e•.1i• G PLATE i rilriij' BASE PLATS W CONCRETE w SP PS BARS EACH NAKT.TI FOOTINGS TO BE %1U1W BDUARf S. DDUBLE PLCOR JOISTS ENDER ALL PARALLEL PARTITION, A. C RETE SW TO BE F POURED CONCRETE ON co,,PiCTw PILL. PROVIDE DDNTRACTRN JOINTS P DEEP AT COLUMN LINE]. CUT W •4RLT DHTRT' SAW. B ON CTRACTOR TO PROVIDE BASBMBNT VENTILATION AS REWIRED BT CODE (NINDOIJS OR MECHANIUL) [. CONTRACTOR SHALL EHSWtE THAT ALL FOIMDAT,D, WALLg MIWAIN , ITNIMOI COVER, T. PROVIDE Hm STIFFENING PLATES AT BEARING POINTS CP STEEL BEAMS (TTP.). e. SEE STRUCTURAL p,AN K5 POR LDGTDN, OP ALL STRUCTURAL COI.O . INCO2R CONTRACTONa6 PON T SCALE DRAgGS " DIMENSIONS. ANY MISSING• DESIGNER BECOME THETRRESLEKAIS BENSIDNS NOT BRO W TO THE ATTCNTpN Q THE ILm ON THE CONTRACTOR. IO. INTENT O• DESIGN 15 TO ALIGN Nd FIRST PLOOR SPINES WITH DOSTING FRST EHSVRE DDMGN INTEN{SHAI.L n0.1UST TOP ON fOPLDATION 1 AS NECESSART To e• DunETER BDrlDnse MINTAIOT FMTIH'G (BFPA) MAINTAIN A' CWERAGB CAA P.T. POST TIT ]-TS P.T. FN/SH HDR. be P.T. LEDGER NVI- - LAG BOLTS K• O.C. STAGGERED WALLWALL K�� O EZIBTMG HAN.S C-____] HALLS TO BE REMOVED ® PROPOSED HALLS .. A b 0 S � O W y WWW w y = a �- O a 0 O O 0 �a� o u a a DATE OT/WWI$ SCALE: I/C.I'a• DRAINING A A - 5 r Bk 20843 Po344 =3.7399 03-23-20009:04a TOWN OF YARMOUT., AApM��IH BOARD OF APPEALSTCM11,1 DECISION FILED WITH TOWN CLERK: February 17, 2006 PETITION NO. #4001 17 P 18 RE-01=i`�c�VVE''D HEARING DATE: December 22, 2005, continued to February 9, 2006 PETITIONER: Helen Forman & Judith Evans Barnatt PROPERTY: 32 & 40 Old Church Street, Yarmouthport Map and Parcel: 133.49 & 133.50 Zoning District: R40 MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, Joseph Sarnosky, John Richards, Forest White and Debra Martin. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner's seeks to re -divide two (2) adjoining residential lots, and to raze and replace the small house located on one of the lots. For this, the petitioner's seek Special Permits under ¢ 104.3.2 (2) and ¢ 104.3.5, or in the alternative Variances from the dimensional requirements to accomplish the same results. The properties are located in the R40 zone, and are adjoining parcels on the easterly side of Old Church Street, Yarmouthport. Number 40 Old Church Street contains approximately 3,000 square feet of area, and contains a small one story home, in significant disrepair. Number 32 Old Church Street contains approximately 70,981 square feet of area, and is also improved with an historical single-family home. The petitioner's propose to enlarge the lot at #40 Old Church Street to a size of 8,540 square feet, by taking a corresponding amount of land from #32 Old Church Street, which will then contain 65,439 square feet of area. The existing house on #40 Old Church would be removed, and replace with a new two story, two bedroom single-family home. The new home would conform to all current setbacks and lot coverage requirements. The lot area adjustment would leave #32 Old Church with more then conforming lot area, and the house would not become any more non -conforming (as to from setback) then at present. The house proposed for #40 Old Church is shown in the petitioners architectural plan, by Craftsbury Company, dated November 14, 2005, and revised January 12, 2006 (Sheets 1-7)(these revised plans were received by the Board on February 3, 2006). It would be a modest Cape style home, with a shed dormer to the rear. It would be a two (2) bedroom home only. The proposal appears to easily meet the requirements for both Special Permits, except for the unusual circumstances surrounding the creation of the smaller lot (40 Old Church). According to the deeds of record, the smaller lot was subdivided from the larger parcel in 1953. At that time, the Subdivision Control Law was in effect in Yarmouth, and the zoning bylaw then required 8,500 square feet of area for a residential lot. This lot was created by deed only, with no plan of record having been approved or recorded. The petitioners now propose to submit the plan to the Planning Board, for endorsement, under the Subdivision Control Law, and propose to make the smaller lot conform to the size requirement it should have had at the time of the recording of its deed. The petitioner's and members of the audience, further related that the lot was .r Bk 20843 Pg 345 #17399 actually created long before the recording of the formal deal. Apparently the original owner, Mr. Raymond Cash, traded for the lot, and moved a structure, which became the current house, onto the lot. However, he failed to record the deed for the property for a number of years. By the time he formally recorded his deal, the resulting lot was non -conforming. The petitioner's point out that the house is significantly older then the date of the deed, and that his deed recites that he already lived there at the time of its recording. This explanation, while largely anecdotal, was confirmed by neighbors and one relative of Mr. Cash. The Board is reluctant to rely solely on anecdotal evidence of this sort. However, it is noteworthy that Mr. Cash was not a relative of the owners of the remaining land, and had no other apparent justification of living on this land for so long unless all concerned had believed that he already owned it. In addition, no effort has ever been taken by the town to protest this transaction. One neighbor, to the north, expressed concern for the growth of the home to a second story, due to its effect upon her privacy in the adjoining back yard. The petitioner agreed to construct a privacy fence, as the neighbor had requested. The Board is satisfied that, after this uncontroverted interval of over 50 years, that the petitioner's explanation may be credited, and is at least as plausible as the alternative. It seems implausible that neither planning, zoning, nor building authorities would ever have left unquestioned for so long this lots' creation and use, had there not been some justification for the initial actions of the owners. The Board therefore finds that the lot was created, by delivery of an unrecorded deed, prior to the adoption of the Subdivision Control Law and prior to the adoption of zoning in this area. Being a lawfully pre-existing non- conforming lot, it quakes for treatment under the two provisions of §104 requested. The Board further finds that the proposed lot re -division will make the lot, and new house, less non -conforming, and will not cause or exacerbate any pro -existing non -conformities on either property. The Board also finds that the proposed reconstruction will not be substantially more detrimental to the neighborhood then the existing house. Accordingly, a motion was made by Mrs. Martin, seconded by Mr. Richards, to grant the Special Permits as requested, to redivide the lots, as shown on the revised plan, by BSC Group, dated February 1, 2006 and received by the Board on February 3, 2006, subject to its endorsement by the Planning Board and recording in the Registry of Deeds, and to allow the replacement of the existing home on the lot at 40 Old Church Street, with the home shown on the architectural plan filed with the Board on February 3, 2006, by the Crattsbury Company, Sheets 1-7, on the condition that it be limited to a two (2) bedroom home, as shown, and that a 6' solid fence be constructed along the northerly boundary of the lot. In the event that the Old Kings Highway Committee should not approve the fence, then the petitioner will be permitted to substitute an equivalent solid evergreen buffer, which shall be planted and maintained along the northerly boundary, for the privacy of the abutting lot. The members voted unanimously in favor of the motion, the Special Permits are therefore granted. The Board then moved, seconded and voted to allow the petitioner's request to withdraw, without prejudice, the alternate request for Variance. 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 noticeldecision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if a substar}ti5l'rse thereof has not begun within 24 months. (See bylaw § 103.2.5, MGL c40A §9) David S. Reid, Clerk 2 Bk 20843 Pg 346 #17399 Appeal #4001 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: March 10, 2006 Certificate of Grantine 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: Helen Forman & Judith Evans Barnatt 32 & 40 Old Church Street Yarmouthport, MA 02675 Affecting the rights of the owner with respect to land or buildings at 32 & 40 Old Church St, Yarmouthport. Map and Parcel: 133.49 & 133.50 Zoning DIstrict: R40 and the said Board of Appeals liarther certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and that 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 ownees certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. 5aVicTS. Keid, Chairman Bk 20843 Pg 347 #17399 TOWN OF YARMOUTH Town 1148 ROUTE 28 SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Clerk Telephone (508) 398-2231 exl. 213 Fax (508) 390-2385 CERTIFICATION OF TOWN CLERK I, Jane E. Hastings, 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 #4001 and 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. BARNSTABLE REGISTRY OF DEEDS