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HomeMy WebLinkAboutBOA #4903 TOWN OF YARMOUTH °"'. ;:. - BOARD OF APPEALS RECEIVED s - DECISION SEP 2 9 2021 BUILDING DEPARTMENT By. FILED WITH TOWN CLERK: August 17, 2021 PETITION: #4903 HEARING DATE: July 22, 2021 PETITIONER: Linda L. Preston PROPERTY: 16 Sunset Pines, South Yarmouth Map & lot#: 69.21; Zoning District: R-40 Book/Page: 23251/196 MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman; Sean Igoe, Dick Martin,Jay Fraprie, and Tom Baron. It appearing that notice of the hearing has been given by sending notice to the petitioners and all of those owners of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner is Linda Preston who appeared and did a fine job in presenting her request for relief by either a Special Permit or Variance in connection with property located at 16 Sunset Pines Road, South Yarmouth, MA property located in an R-40 Zoning District. The original relief she sought was only that of a Variance. After discussion, the Board felt that the relief sought should be that of a Special Permit. Accordingly, in order to allow the petitioner's request to be properly noticed, the initial hearing of July 8, 2021 was continued to July 22, 2021. Simply stated, the petitioner seeks to put a freestanding garage within 10 feet of the southeasterly sideline of the property. The garage is of modest size and attractive in style. The immediately impacted neighbor, Robert Grimes of 105 Station Ave., South Yarmouth, MA wrote a letter in support of the petition which was received and marked as Exhibit 1. No other exhibits were received at the hearing and no persons appeared in support or opposition to the petition when invited by the Chair. Mr. Igoe expressed his belief that the relief sought should be by way of Variance, not by way of Special Permit. Though he made a compelling argument, the remaining rr b1r o'f.. the Board concurred in believing that the grant of a Special Permit was appropriat&_in the circumstance. Accordingly, the matter was considered on whether or not the grant of a Special ruE : : . • i *MN GA;E.BK 0 01144 Permit would cause any undue hazard or congestion, become a nuisance, or would it change tree character of the neighborhood or town both now and/or in the future. The Board concurred that the relief sought could be allowed under the criteria of the grant of Special Permit. A motion was made by Mr. Martin and seconded by Mr. Baron to grant a Special Permit to the petitioner and without conditions. The matter proceeded by voice vote and was approved on a unanimous basis. Respectfully Submitted 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 #4903 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 SEP - 8 2021 RLE C PY ATTEST: rtjMe/T N CLERK SEE - 8 2021 ;Y.Ykate 1.JIVI1V1LIV YY EttL.1 li lit- 1Vittaatil..l1 V JL' 1 1 J �, TOWN OF YARMOUTH }; - ., :, BOARD OF APPEALS F Z Appeal#4903 Date: September 7, 2021 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: Linda L. Preston 16 Sunset Pines South Yarmouth, MA 02664 Affecting the rights of the owner with respect to land or buildings at: 16 Sunset Pines, South Yarmouth; Map & lot#: 69.21; Zoning District: R-40; Book/Page: 23251/196 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. )4,„J=......9 ,1),..,,, Steven S. DeYoung, Chairman ,,0 T 4 BARNSTABLE REGISTRY OF DEEDS RUE COPY ATTEST: John F. Meade, Register .W11.414V40.4 '.�TOWN CLERK .. s SEA' = 8 2021