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Home My WebLink AboutDecision 1217r TOWN OF YARIIOUTH BOARD OF APPEALS Filed with Tom Clerk: OCT 1 5 1973 Hearing Date: 8/9/73 Petitioner: Petition No.: 1217 J. ALBERT BASSETT, TRUSTEE Lyman Lane South Yarmouth, Massachusetts 02664 DECISION The petitioner requests a variance and/or approval of the Board of Appeals to allow foundation set back from the rear lot line to be 19.5 feet. Property located on Enterprise Road in Yarmouth, Massa- chusetts, and is shown on the assessors map available for this sec- tion. Members of Board of Appeals present: ROBERT 11. SHMIAN - DAVID OHAN PHILIP E. DEMPSEY - ELDRP.DGE F. SHAW WILLIAM F. BUTLER III It appearing that. notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed to be affected thereby, and that public notice of such hear- ing having been given by publication in the Cape Cod Standard Times on July 23, 1973 and July 30, 19730 the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Petitioner. The'following appeared in opposition: None e l .-v REASON FOR DECISION: Petition No. 1217 The petitioner requests a variance to allow an existing foundation to be set back from the rear lot line 19.5 feet, rather than the required 20 feet. The Board heard evidence that when the foundation was poured a large rock interfered with the pouring and consequently the foundation was poured approximately one-half of one foot too close to the rear lot line. The petitioner indicated that the foundation was made with reenforced steel and that the cost of conformance would be approximately $2,200.00. The Board feels •that the existence of the large rock mentioned above is a condition uniquely affecting this property and foundation and not generally affecting land throughout the zoning district. The Board also feels that as a result of this condition substantial financial hardship would be caused to the petitioner, ware the requested relief not granted. The violation is.less than one foot and it is the Board's opinion that the vio- lation would not• be noticeable to the public and would not affect the public interest or derogate from the intent or purpose of the by-law. Members of the Board voting: ROBERT 11. SHEMAN - Voted in favor DAVID 011AN - Voted in favor PHILIP E. DEMPSEY - Voted in favor ELDREDGE F. SHAW - Voted in favor WILLIAM F. BUTLER III - Voted in favor Therefore the petition for a variance is granted and we author- ize a variance to allow an existing foundation to be located as shown on the plot plan filed with the Board. No permit -issued until 22 days from the date of filing decision. with the Town Clerk. per ROBERT W. STIMAN Clerk Pro Tem. i 4 OWNER: Nary. Albert Trust TOWN OF YARMOUTH BOARD OF APPEALS #f l ADDRESS: Lyman Lane, So. Yarmouth, Mass. PETITIONER: NAME: J Albert Bassett, Trustee DRESS.. Lyman,Lane, So. Yarmouth Mass. EBOARD OF APPEALS, YARMOUTH, MASS. This petition when completed and signed must be filed with the Board of Select- men, Yarmouth, Massachusetts, along with the fee of $20.00. i DATE: PAID: Ili 1. I, We, hereby appeal from decision of the Building Inspector and petition your board for a public hearing on the action checked below: (3 IRevie ,Irefulal of Building Inspector to grant permit. 2. Decision o Selectmen. I C\ 2. I, We, hereby requestle action checked below: ]( 1: Variance from requirements of Yarmouth Zoning By -Law. 2. Approval of the Board of Appeals. 3,. A special pe l t from the Board of Appeals. ,To allow: found tion set back from the rear lot line toy be 19@5 f�eet.� 3. Reason for the Board of Appeals action as checked below: 1. Contraryltooning by-laws as follows. 2. it 3. I li li 2. Approval 'f Board of Appeals, or Special Permit requested under the llowi2gllsection of Zoning By -Law: 1. 2. 1 )I APPEALS # /a./7 Names and addre's�s of abutting property owners, and those persons deemed ff d b thi 1' i a ecte y,I�pp scat on. (At least three.) �I Signed espectfully submitted TOWN OF YARMOUTH BOARD OF APPEALS Appeal No. 1217 Albert Bassett August 9, 1973 Members present: idlliam Butler, Robert Sherman, ELdredge Shan, David 0man, Philip Dempsey, The Chairman called the meeting to order and read the petition. All abutters were notified by Certificate of Maims and the necessary correspondence was made in the Cape Cod Standard Times and the Dennis -Yarmouth Register... Mr. Bassett, Jr.: We inadvertantly got a foundation too close to the rear lot line. There was a rock in the Way so the man, instead of hauling it back, moved the foundation. We have 441 from the front line. This is 3�6' too close. Mr. Butler: How much would it cost to take it vut? Mr. Bassett: About $2200 for the foundation itself. It has . reinforced steel. Hearing closed. IV h � � Q .,tea• � •y � _ . °.. / 7 p�. 17, 4 CERTIFIED PLOT P-L-A'N - L O.0 A T 1 O N: YA.eMOd'TH S'CALEt /M=30' DATE ✓uve REF_ E R E N-C E::.4V_-/A/j '/.aT - -: u.�i P,GAN . a.�...�ANO AT .Cii9.eitlSTigBL� P.9lf /oG D A T E 7K I:,HE.REBY`. CE:RTIF,Y'THAT THE'SUILDING REG. LA"NO SURVEYO .. -,S.'H0W.N:- O'.N_ TH15 P.LAN-;_:IS LOCATED ON T,HE GROUND AS. -SHOWN HEREON AND THAT _ r: -Ochs ,yo T C O N F O R ►A T O THE IZ:ON(NG.'BY-LAVY5 OF THE .TOWN OF �UTfv WHEN'CONSTRUCTED. IL 'BiARN5TABLE. SURVEY CONSULTANTS, INC: �oiBTFP` WEST YARMOUTH, b/ASS:. ..