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Home My WebLink AboutBOA #4986 RECEIVED LAW OFFICES OF DEC 121011 PAUL R. TARDIF5 ESQ., P.C. BUILDING DEPARTIIAEN By: • r 490 MAIN STREET —� YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R Tardif,Esq. Stacy A. Curley,ESq. ptardif@tardiflaw.com www.tardiflaw.com scurley@tardiflaw.com REFER TO FILE NO. December 8, 2022 Dolores Fallon Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Zoning Appeal—49 Carver Road, West Yarmouth Sarah K. Perkins - Petition#4986 Dear Ms. Fallon: Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for the above referenced matter on December 8, 2022 in the Barnstable County Registry of Deeds in Book 35530, Page 241. Please note that a copy of the recorded Decision has been forwarded to uilding Department for their records. I thank you for your assistance in this matter. ' Ve T rs, R. Tar cc: Sarah K. Perkins Mark Grylls, Building Department Bk 35530 Pg241 #60502 12-08-2022 @ 02 : 59p ,`-%• TOWN OF YARMOUTH (:,..et fi, ,.ct BOARD OF APPEALS 0�;",.» " $I DECISION C tr p4. h N. FILED WITH TOWN CLERK: November 15,2022 PETITION NO: 4986 HEARING DATE: November 10,2022 PETITIONER: Sarah K. Perkins PROPERTY: 49 Carver Road, West Yarmouth,MA Map 30,Parcel 127 Zoning District: R-25 Title: Book 31107,Page 115 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,Dick Martin,Jay Fraprie, John Mantoni and Sean Igoe. 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 seeks a Special.Permit pursuant to Section §104:3.2 for side setback relief to construct an attached two-car garage with living space on second floor on a pre-existing nonconforming structure. The Property is located in the R25 Zoning District and is improved with a two-story single- family structure having 3 bedrooms and 2 baths, and constructed in approximately 1952,on a lot containing 7,999 square feet of area. The existing structure conforms with the current front yard and one side yard setback, but encroaches 1 foot into the rear 20-foot setback and approximately 6 feet into the other side setback. Lot coverage is 15.3%. The proposal is to attach a 2-car garage to the westerly side of the property, and to construct new living space on the second floor,to be attached to the existing living space. The front yard setback will continue to be compliant, but the setback on the new addition side of the property will be 9.6 feet. It should be noted that the abutting structure to the east will be approximately 110 feet away from this new garage. In addition,the structure closest to this new addition is a 2- car garage itself Lot coverage will be 21.3% and the height of the addition will not be taller than the existing house: Bedrooms will increase from 3 to 4 and a new Title 5 septic system will be designed and installed to accommodate the additional bedroom. A TRUE COPY ATTEST YTI-1))/4f.-afiikdititt014 i MMC`f CMMC i TOWN CLE }< DEC - 6 2022 Bk 35530 Pg242 #60502 The abutter most affected by the construction of the addition spoke in favor of the relief. The Board then discussed the fact that the requirements of Section 104.3.2 of the Bylaw have been met; and that the issuance of the Special Permit will not result in undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. Accordingly, a motion was made by Mr. Martin, seconded by Mr. Mantoni,to grant the request for the Special Permit, as requested,without conditions. On a voice vote of 5-0,the Board voted unanimously in favor of the motion. 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) iii. selt4, Steven DeYoung, Chairman 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#4986 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. 1)144Attal Mary A. Maslowski DEC 6 2022 A TRUE COPY ATTEST: Wtf-Ail—a,Flitdritakf . CM Mt..;T'.,MC,I TC NN CLE :< DEC - 6 2022 Bk 35530 Pg243 #60502 4:;17- Yf11'.) COMMONWEALTH OF MASSACHUSETTS P'r;''' ..;:: -'; + TOWN OF YARMOUTH r`( 4<_ BOARD OF APPEALS . 4CHy4... Petition #: 4986 Date: December 6,2022 Certificate of Grantingof 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: Sarah K.Perkins 49 Carver Road West Yarmouth,MA 02673 Affecting the rights of the owner with respect to land or buildings at 49 Carver Road,West Yarmouth,MA Map# 30; Parcel#: 127; Zoning District: R-25; Title: Book 31107,Page 115 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. 64. .. Steven DeYoung, Chairman A TRUE COPY ATTEST: ti4f C WO/C M3 i�I L VvN GLi r:K JOHN F. MEADE, REGISTER . 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