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HomeMy WebLinkAbout5065 80 Mayflower Terr Decision RecordedFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: Bk 361F4 P!3235 03087 PI-25-2024 sa`i 10 = 29ct t',Y` g ;'SR TOWN OF YARMOUTH BOARD OF APPEALS DECISION January 2, 2024 5065 December 14, 2023 PETITIONER: Mark Simonds o w n4 V- PROPERTY: 80 Mayflower Terrace, South Yarmouth, MA Map 119, Parcel 66 Zoning District: R40 Title: Book 35851, Page 173 MEMBERS PRESENT AND VOTING: Steven DeYoung, Sean Igoe, Dick 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 Petitioner is Mark Simonds who seeks relief with respect to property located at 80 Mayflower Terrace, South Yarmouth, Massachusetts, which property is located in an R-40 zoning district. -The property contains 13,504 square feet of area. The Petitioner seeks front setback relief to build an 8' x 12' shed within setbacks from the right- of-way. Under the bylaw, the shed must be 30 feet from the right-of-way, which would place the shed in the middle of the Petitioner's backyard. The shed, at its peak, would be I V high. The Petitioner would like to build the shed 6 feet from the'right-of-way line. The right-of-way, Wild Rose Terrace (between #72 and #80 Mayflower Terrace), runs along the northwesterly side of 80 Mayflower Terrace and creates a front setback for the Petitioner. Chairman DeYoung noted that the right -of --way appears to be an access road to Dinah's Pond for the subdivision. The Petitioner confirmed that the neighborhood uses the right-of-way as a footpath to the pond. The Board considered the criteria for a Variance, including the shape of the lot and way as a front lot line, even though Wild Rose Terrace is not on a public ways VJ Lir'R � grraG, . 3 2024 Bk 36194 Pg236 #3087 The Board discussed a Variance for the shed, conditioned -on Wild Rose Terrace remaining an unimproved road. If the right-of-way were to be developed, then the petitioner must move the shed to come into compliance with the bylaw. The petitioner agreed to this condition. A motion was trade by Mr. Igoe and seconded by Mr. Martin to approve the Variance with the condition that if Wild Rose Terrace is developed, then the petitioner must move the shed in compliance with the zoning requirements. On a roll call vote (5-0), the Variance, with the stated condition, was approved. Mr. Igoe: AYE - Mr. Mantoni: AYE Mr. Fraprie: AYE - Mr. Martin: AYE - Chairman DeYoung: AYE A motion was made by Mr. Igoe and seconded by Mr. Fraprie to approve the request to withdraw the Special Permit, without prejudice. On a voice vote (5-0), the request to withdraw the Special Permit, without prejudice, was approved. 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 Variance shall lapse if a substantial use thereof has not begun within 12 months. (See MGL c40A § 10) 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 #5065 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. • O J�`ir�4�a . Mary A. Maslowski, cMc JAN 2 S 2024 A _(� p7EST: PCLERK r 3 2024 Bk 36194 Pg237 ..#3.087 •�Yq��r COMMONWEALTH OF MASSACHUSETTS o TOWN OF YARMOUTH _ _-- C� BOARD_ OF APPEALS err, risk.. Petition #: 5065 Date: January 23, 2023 Certificate of Granting. of a Variance (General Laws Chapter 40A, Section 10), The Board. of Appeals of the Town -of Yarmouth Massachusetts hereby :certifies that a Variance has been granted,to: Mark Simonds 0 W rv.0 y' Affecting the rights of the owner with respect to land or buildings at: 80 Mayflower Terrace, South Yarmouth, MA; Map 119, Parcel 66; Zoning District: R40; Title: Book 35951, Page 173 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance, 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 orapplicant that General Laws, Chapter 40A, Section 11(last paragraph) and Section 13, provides that no Variance, 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 decisions 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 shaltbe paid by the.owner.or applicant. Sean Igoe, Vice Chair A TRUE COPY ATTES- BARNSTABLE REGISTRY Of DEEDSQLERK 2024 . RE0117�IY OF DEEDS Q A TRU copy, ATTEST S ��v