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HomeMy WebLinkAbout5080 91 Pine Cone Dr Decision RecordedDoc :1 s 498 r 834 03-20-2024__ 1 O.' 00 BARNSTABLE LAND COURT ' REG-TSTRW'�. TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: February 22, 2024 PETITION NO: 5080 HEARING DATE: January 25, 2024 PETITIONER: The Edwards Family Trust Wayne Joseph Edwards, Trustee, and Theresa Mary Edwards, Trustee 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 #I1435-A Certificate of Title #232184 MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni, Barbara Murphy, and Anthony Panebianco. 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 The Edwards Family Trust, Wayne and Theresa Edwards, Trustees, seeking relief with respect to property located at 91 Pine Cone Drive, West Yarmouth, Massachusetts, which property is located in an R-25 zoning district. The property contains 7,198 square feet of area. The Petitioner was present at the hearing and was represented by Paul Bettencourt, Bettencourt Construction. With the home renovation in progress, the Petitioner seeks a Special Permit or Variance for front setback relief to build a farmers porch with a 1.5-foot encroachment of the porch. The proposed front setback would be 28.6 feet instead of 30 feet, the required front setback for this zoning district. Currently, the house is 35 feet from the front property line which would allow a farmers porch that is 5 feet deep. The Petitioner would like a farmers porch that is 6.5 feet deep to allow space for walking in front of people seated in chairs on the porch. Af-MUE COPY ATTEST - MAR 18 2024 The Board discussed that the rear setback is a legally preexisting nonconformity and the Petitioner would qualify for a Special Permit. Typically, the Board is hesitant to grant front setback relief. The Board determined that a Special Permit would not be substantially more nonconforming because of the following factors: • House is on a corner lot. • Lot is small (7,198 sf). • Parking is located in the circular drive in the front and in the driveway on the side. • Proposed farmers porch is an improvement and would line up with the front of the neighbor's house. A motion was made by Mr. Mantoni and seconded by Ms. Murphy to approve the Special Permit, without prejudice. On a voice vote (5-0), the Special Permit was approved. A motion was made by Mr. Panebianco and seconded by Mr. Fraprie to approve the request to withdraw the Variance, without prejudice. On a voice vote (5-0), the request to withdraw the Variance, 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 Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw § 103.2.5, MGL c40A §9) 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 #5080 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, CMC MAC 18 2024 A TRUE COPY ATTEST51 IN, L. �! �, (, - ��� - "I - WAD 4 o -%nnt Petition #: 5080 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: March 14, 2024 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: The Edwards Family Trust Wayne Joseph Edwards, Trustee, and Theresa Mary Edwards, Trustee 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 #232184 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. Sean Igoe, Vice Chair BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register UE COPY ATTEST MAP� � ...._.