HomeMy WebLinkAbout5086 60 Bayberry Rd Decision Certified 03.04.24FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
March 4, 2024
5086
February 22, 2024
Steven L. Hetzel and Lynn L. Hetzel
PROPERTY: 60 Bayberry Road, West Yarmouth, MA
Map 22, ParceI 227.1
Zoning District: R-25
Certificate of Title #231178
Lot 5, Block C
Land Court Plan 11435-A
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni,
Dick Neitz 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 The Cape Cod Times, the hearing opened and held on the date stated above.
The property is located at 60 Bayberry Road, West Yarmouth, Massachusetts. It is in an R-25
zoning district. The lot contains 9,681 square feet.
The petitioner seeks to modify Decision 5036, which granted a Variance to exceed the maximum
building coverage of 25% to build a shed less than 150 square feet and to increase the total lot
coverage to 26.4%. The shed met all setback requirements.
At the February 22, 2024 hearing, the petitioner, Steven Hetzel, represented himself. Mr. Hetzel
stated the shed has an additional 4 square feet, but is still less than the 150 square feet allowed.
The main structure is the issue. The original Certified Plot Plan excluded overhangs and window
bump -outs, miscalculating the total lot coverage. The as -built plan shows the total lot coverage
actually increases to 27.20'0, a difference of 0.84-0.
One abutter, who opposed the initial Variance in 2023, also appeared at this hearing to oppose
modifying the Variance.
PXA;EST.
44
e~ / CMC 1 TOWN CLERK
MAR 2 5 2024
The Board appreciated that the Building Inspector caught the discrepancy in the total lot
coverage. The Board considered the additional 0.8%' increase in total lot coverage "de minimis".
Vice Chair Igoe said that he believed that the petitioner met the criteria for a Variance.
A motion was made by Mr. Neitz, seconded by Mr. Mantoni, to grant the request to modify
Decision 5035, as presented. On a voice vote (5-0), the motion 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 fled within 20
days after fling of this notice::decision with the Town Clerk. Unless otherwise provided herein. a
Variance shall lapse if the rights authorized herein are not exercised within 12 months (See
bylaw § 103.2.5, MGL c40A § 10)
Sean Igoe, Vice Chair
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 #5086 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
MAR 2 5 2024
v&IRUE COPY ATTEST.
nwl�a-
/ CMC 1 TOWN Ci.ERK
MAR 2 5 2024
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5086 Date: March 25, 2024
Certificate of Grantine 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:
Steven L. Hetzel and Lynn L. Hetzel
Affecting the rights of the owner with respect to land or buildings at: 60 Bayberry Road, West Yarmouth,
MA; Map 22, Parcel 227.1; Zoning District: R-25; Certificate of Title #231178; Lot 5, Block C; Land
Court Plan 11435-A 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 or applicant that General Laws, Chapter 40A,
Section 1 l (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 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.
. r
Sean Igoe, Vice Chair
A TRUE COPY ATTEST
/ CV-C / TOWN CLERIC
W 2 5 2024