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Home My WebLink AboutBOA# 5086 .. .4.7. --WO TOWN OF YARMOUTH - 3 -s .��' BOARD OF APPEALS A :4 4., ' DECISION Doic:11,499s111 03-25-2024 3232 BARNSTABLE LAND COURT REGISTRY FILED WITH TOWN CLERK: March 4,2024 PETITION NO: 5086 HEARING DATE: February 22,2024 PETITIONER: Steven L. Hetzel and Lynn L. Hetzel PROPERTY: 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 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 27.2%,a difference of 0.8%. One abutter, who opposed the initial Variance in 2023, also appeared at this hearing to oppose modifying the Variance. UEC ATT T: e CM rriile w CLER '-4 .4 NAP 2 5 2024 fir, {i 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 5036, 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 filed within 20 days after filing 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 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#5086 that no notice of u Appeal of said decision has been filed with me,or, if such appeal has been filed it has been Q isniis e i or denied. All appeals have been exhausted. • } }. r r'IVlAry A. Maslowski, CMC r r x MAR 2 5 2024 PYAEST: AVIES/Vik/,TOWN CLERK 2 5 2824 -oF_YA COMMONWEALTH OF MASSACHUSETTS • ""` ` '' TOWN OF YARMOUTH BOARD OF APPEALS o err+GHEE Petition#: 5086 Date: March 25,2024 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: 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 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 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 COUNTY REGISTRY OF DEEDS A TRUE COPY,ATTEST A TRUE COPY ATTEST: JOHN F.MEADE,REGISTER Ay, Thtebtajte BARNSTABLE REGISTRY OF DEEDS �''frr Y.- , /c, /TOWN CLERK �1 2./ 4 A � it/ .. John F. Meade, Registers 'aka , •. LNf r•`'.Si 5 2024