HomeMy WebLinkAbout5060 7 Duck Pond Rd Decision RecordedBk 36119 Pg266 #48957
12-06-2023 @ 08:50a
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
November 14, 2023
5060
October 26, 2023
Karyn E. Corti and Kenneth J. Corti
PROPERTY: 7 Duck Pond Road, Yarmouth Port, MA
Map 114, Parcel 128
Zoning District: R40
Title: Book 28277, Page 321
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Neitz, Anthony
Panebianco, John Mantoni and Barbara Murphy
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
77ie Cape Coil T;rnes, the hearing opened and held on the date stated above.
The Petitioner seeks a Special Permit per $104.3.2(2) to increase ridge height of pre-existing,
nonconforming structure to 22 feet.
The Property is located in the R40 Zoning District and is improved with a one-story single-
family structure having 3 bedrooms and 2 baths, and constructed in approximately 1971, on a lot
containing 12,777 square feet of area. The existing structure conforms with the current front
yard, rear yard, and right side _yard setback, but sits 15.2 feet from the left side boundary, where
20 feet is required under the current zoning bylaw bulk requirements. Lot coverage is 16.23%
and the height of the existing structure is approximately 19 feet.
The proposal is to construct a second -floor addition over the existing structure, creating a hvo-
story, three -bedroom, single-family dwelling on the same footprint, The setbacks will remain the
same as the existing. However, this is a situation where the height of the stricture sitting in the
side setback will increase to approximately 22 feet. The only other change to the property is a
deck in the rear of the house, which does not need relief from the Zoning Board of Appeals.
The Board found that the second -floor addition, although situated in the side setback, would not
be substantially more detrimental to the neighborhood than is the existing non -conforming
structure. In addition, no undue nuisance, hazard or congestion will be created and that there will
be no substantial harm to the established or future character of the neighborhood or town. The
UE COp>' ATTEST.
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Bk 36119 Pg267 #48957
Board found that the Applicant had clearly met all of the requirements of Zoning Bylaw Section
104.3 2(2) and that they was eligible for the issuance of a Special Permit.
Accordingly, a motion was made by Mr. Panebianco, seconded by Mr. Mantoni, to issue a
Special Permit as requested, without conditions. The members voted as follows:
Mr. Igoe
AYE
Mr. Neitz
AYE
Mr. Panebianco
AYE
Mr. Mantoni
AYE
Ms. Murphy
AYE
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 fled 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)
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Sean Igoe, Vice Chair
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 #5060 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, CMG
DEC - 5 2023
Tl UE-. COPY ATTEST:
Bk 36119 Pg268 #48957
COMMONWEALTH OF MASSACHUSETTS
Y
TOWN OF YARMOUTH
BOARD OF APPEALS
��`•4.. 'AN ti,j thy', �8
Petition #: 5060 Date: December 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:
Karen E. Corti and Kenneth J. Corti
Affecting the rights of the owner with respect to land or buildings at: 7 Duck Pond Road, Yarmouth Port, MA;
Map 114, Parcel 128; Zoning District: R-40; Title: Book 28277, Page 321 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 l 1 (last paragraph) and Section 13, provides that no Special Pen -nit, 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.
Sean Igoe, Vice Chair
A TRUE COPS' ATTEST:
D" k" $AMM STER
BARNSTABLE COUNTY REGISTRY OF DEED
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