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HomeMy WebLinkAbout5033 91 Pine Cone Dr Decision Recordedi 3 FILED WITH TOWN CLERK: PETITION NO: TOWN OF YARM UTH '23J N2GF.N 1.2: = RED; BOARD OF APPW I r 484 s 471 G7-19--2023 10220 DECISION NSTABLE LAND COURT REGISTRY June 26, 2023 5033 cy HEARING DATE: June 8, 2023 4 PETITIONER: Wayne and Theresa Edwards jTrustees of The Edwards Family Trust Ilk PROPERTY: 91 Pine Cone Drive, West Yarmouth, MA Map 22, Parcel 221 Zoning District: R-25 Title: Book 8, Page 58 Land Court Lot #6, Plan #11435-A Certificate of Title #L MEMBERS PRESENT AND VOTING: Chairman Steven DeVoung, Sean Igoe, Richard Martin, Jay Fraprie, and John Mantoni 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 Petitioners are `Mayne and Theresa Edwards, Trustees of The Edwards Family Trust, concerning property located at 91 Pine Cone Drive, West Yarmouth, Massachusetts, in. an R-25 zoning district. The Petitioners seek either a Special Permit or a Variance for side setback relief to build a second -floor addition. The Petitioners were wel[-represented by Paul Bettencourt, Bettencourt Construction. Mr. Bettencourt explained the merits of the petition. The lot sits on the intersections of Franklin Street Extension and Pine Cone Drive. The present home is a single -story ranch to which a second story is to be added. The footprint of the existing home will not be changed. Though the house fronts on Pine Cone Drive, it is only 27 feet from Franklin Street Extension, and relief is therefore needed. No new nonconformitywould be created b priorygrantoftherelief, and relief byrd was often granted by way of Special Permit. A TRUE COPY A'1rT T: N ITL Ck.RK L:12023 The Board discussed the merits of the petition and concluded that if the relief was granted, no undue hazard, nuisance, nor congestion would result, and the relief could be granted without changing the character of the neighborhood or town, both now, and in the future. The Board's discussion, which benefited via a memo dated May 30, 2023, from Kathryn Brooks, Conservation Agent, which acknowledged that on May 1, 2023, she approved, without conditions, a second -floor addition at this location. Also, the Board received and considered that a neighbor (Martha Barcroft), living at 88 Pine Cone Drive, had no objection, despite being the person most likely to see the finished project. Mr. Fraprie moved, and Mr. Martin seconded, to grant the Special Permit as prayed for by the petitioners, and without condition. After discussion, the Board voted 5-0 in favor of the motion, and the Special Permit was, therefore, granted. Mr. Martin moved, and Mr. Fraprie seconded that the alternative relief by way of Variance could be withdrawn, without prejudice, and on a voice vote, the Board voted 5-0 in favor of the withdrawal of the 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 notice/decision with the Town CIerk. 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 #5033 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. FkA4*9.fiA4&W4Vw' Mary A. Maslowski JUL 17 2023 eRitr'> t A TRUE.tcopy} . S 6 C-LrERK n', rJUL 17 2023 Petition #: 5033 COMMONWEALTH OF MASSAC14USETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: July 17, 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: Wayne and Theresa Edwards Trustees of The Edwards Family Trust Affecting the rights of the owner with respect to land or buildings at: 91 Pine Cone Drive, West Yarmouth, MA; Map 22, Parcel 221; Zoning District: R-25; Title: Book 8, Page 58; Land Court Lot #6, Plan #11435- A; Certificate of Title #1808 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 BARNSTABLE REGISTRY OF DEEDS John F, Meade, Register BARNSTABLE COUNTY REGISTRY OF DEEDS ATRUE COPY, ATTEST JOHN F. MEADE REGISTER