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Home My WebLink AboutBOA #4933 ' Doc:1,454,957 03-21-2022 2:52 pY.Yk .44 C TOWN OF YARMOUTH ?':^'; y ZONING BOARD OF APPEALS `'+..00''` ' DECISION FILED WITH TOWN CLERK: February 28,2022 PETITION NO: 4933 HEARING DATE: February 24,2022 PETITIONER: Robert and Gretchen Kossacly Trustees, Robert Edward Kossack Trust OWNERS: Robert and Gretchen Kossack,Trustees, Robert Edward Kossack Trust PROPERTY: 27 Longview Road,Yarmouth Port,MA Assessors Map 137,Parcel 9 Z.- Zoning District:R-40 N Land Court Lot and Plans:#20472,Lot M l"--- MEMBERS PRESENT AND VOTING:Chairman,Steven S.DeYoung,Sean Igoe,Jay c>'J Fraprie and Timothy Kelley. 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 k-i- The Cape Cad Times,the hearing opened and held on the date as stated above. The Petition is in connection with the Property located at 27 Longview Road,Yarmouth Port,which is in the R-40 Zoning District.The Property is improved with a single-family dwelling and is a corner lot,with both Middle Road and Longview Road providing frontage. The Property is pre- existing nonconforming as to lot size,frontage and front setback(Middle Road)but is otherwise conforming as to setbacks and building coverage. Andrew L.Singer,Esquire;Petitioners Gretchen and Robert Kossack;Dan Ojala,Down Cape Engineering;and Chris Cannon,of Arch33 Inc.,appeared in support of the Petition. There were no public comments in favor or against the Petition. The Petitioners previous)„ neMpiSrgAsrTEST: #i C 1 TOWN CLERK j MAR 2 1 2022 , . Doc: 1, 454 , 957 03-21-2022 2 : 52 Page 2 of 4 Highway Historic Committee approval and Conservation Commission approval. No new exhibits were received at the hearing. The Petitioners seek to construct a second-floor addition over the existing footprint of the home. Under the Yarmouth Zoning By-Law, Section 104.3.2,a pre-existing nonconforming dwelling may be altered, extended or razed and replaced by right if it conforms to the applicable By- Law requirements and does not otherwise increase the nonconforming nature of the structure. By constructing a portion of the second floor within the front setback, the Applicant is increasing the nonconformity and this is permittable by Special Permit upon a determination by the Board that the extension will not be substantially more detrimental to the neighborhood than the existing, nonconforming structure. A discussion, including questions and consideration,took place concerning the proposed project and its potential effects on the neighborhood. Based on the above,the Board found that the second floor addition was not substantially more detrimental to the neighborhood, Zoning District or Town than the existing conditions,that the work will not cause or contribute to any undue nuisance, hazard or congestion,that there will be no substantial harm to the established or future character of the neighborhood or Town and that the strict enforcement of the current Zoning By-Law will result in undue hardship to the Property or the Petitioners. Thereafter,a motion was made by Mr. Fraprie and seconded by Mr.Kelley,and voted by roll call with the following results: - Chairman DeYoung: AYE - Mr.Igoe: AYE - Mr. Fraprie:AYE - Mr. Kelley:AYE On a vote 4-0 in favor,in accordance with the plans submitted,the Special Permit was granted. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision must be recorded at the Registry of Deeds and a copy forwarded to the Zoning Board of Appeals. Appeals from this decision shall be made pursuant to MGL Chapter 40A Section 17 and must be filed within 20 clays after filing of this notice/decision with the Town Clerk. Unless TRUE COPY ATTEST: ty) 2 /TOWN 6LE1-U< AR 2 1 2022 ,. Doc: 1, 454 , 957 03-21-2022 2 : 52 Page 3 of 4 otherwise provided herein,the Special Permit shall lapse if a substantial use thereof has not begun within 24 months.(See bylaw, MGL c40A§9) Steven S. 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 #4933 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.TLieldta, Mary A. Maslowski,Town Clerk MAR 2 1 2022 • TRUE COPY ATTEST: iMAgal !fi4MC/OM ./TOWN CLERK MAR 2 1 2022 Doc : 1 , 454 , 957 03-21-2022 2 : 52 Page 4 of 4 CPr; 'i• COMMONWEALTH OF MASSACHUSETTS . i- . A-\c' . TOWN OF YARMOUTH r �`, BOARD OF APPEALS \, ____ 1.41 Ili__.-//) Petition it: 4933 Date: March 21, 2022 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: • Robert and Gretchen Kossack, Trustees, Robert Edward Kossack Trust 27 Longview Road Yarmouth Port, MA 02675 Affecting the rights of the owner with respect to land or buildings at: 27 Longview Road, Yarmouth Port, MA; Map #: 137; Parcel #: 9; Zoning District: R-40; Land Court Lot and Plans: #20472, Lot M 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. Ar•i.,. Stic:)., Steven S. DeYoung, Chairman A TRUE COPY ATTEST: , btqthti-44-1 . " T / TOWN CLERK JOHN E. MEADE, ASSISTANT RECORDER MA WYR2 ) BARNSTABLE REGISTRY LAND COURT DISTRICT RECEIVED & RECORDED ELECTRONICALLY RECEIVED Law Office of Singer & Singer, LLC 26 Upper County Road MAR 24 2022 P.O.Box 67 Dennisport,Massachusetts 02639 BUILDING DEPARTMENT By: Andrew L.Singer Tel: (508)398-2221 Marion S.Rose Fax:(508)398-1568 www.singer-law.com Myer R.Singer (1938-2020) March 21,2022 Town of Yarmouth Board of Appeals Mr. Steven De Young, Chair 1146 Route 28 South Yarmouth, MA 02664 I�I Re: Robert and Gretchen Kossack, Trustees Zoning Board of Appeals—Special Permit Decision 4933 Dear Mr.DeYoung: Enclosed please find a copy of the Zoning Board of Appeals for the above-referenced matter which was registered on 03/21/2022/2022 with the Barnstable District Land Court as Doc. No. 1,454,957. Very truly yours, Bonnie Mossey for Marian . Rose Enclosure Copy to: Yarmouth Building Commissioner,w/enclosure E... i