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Home My WebLink AboutBOA #5012 Bk 35857 Pg317 #25135 0 6-2 3—2.Q 2;3: .:@:..;k•2 �:3:9P. 1, _, •; "%k TOWN OF YARMOUTH - " u[Fj.L �' - ';Y BOARD OF APPEALS .::. ' S ;.. DECISION FILED WITH TOWN CLERK: May 25, 2023 PETITION NO: 5012 HEARING DATE: April 27, 2023 PETITIONER: Frederic E. Churchill and Margot D. Churchill PROPERTY: 239 Pleasant Street,South Yarmouth,MA Map 43,Parcel 19 Zoning District:RS-40 Title:Book 34736, Page 255 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,Dick Martin,Jay Fraprie, John Manton' 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 raze and replace a pre-existing,non-conforming structure. The Property is located in the RS-40 Zoning District and is improved with a one-story single- family structure having 3 bedrooms and 2 baths, and constructed in approximately 1951, on a lot containing 15,622 square feet of area. This property has frontage on both Carrie Lane and Pleasant Street, and being a corner lot, has 2 front yard setbacks of 30 feet each, and two side setbacks of 20 feet. The existing structure encroaches into the Carrie Lane front setback by approximately 7 feet, and into the southwest side setback by approximately 1 foot, and into the southeast side setback by approximately 13.5 feet. Lot coverage is 14.6%. The proposal is to raze the existing structure and replace it with a 2 story single family structure. The lot coverage will increase to 22.7%, and the new home will comply with both front yard setbacks and one side setback.The southwest setback will be improved from its current 6.3 feet to 9.8 feet. The height of the new house will be 31.7 feet. Several abutters submitted letters of support for the project. 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 would not result in undue nuisance, hazard or congestion and that there would be no substantial harm to the established or future character of the neighborhood or town. A TRUE COPY ATTEST: T4,--a)/kW/X(44 . • Civic/TOWN CLERK Ii Ikl 4 C 'from Bk 35857 Pg318 #25135 Accordingly, a motion was made by Mr. Igoe, seconded by Mr. Martin, to grant the request for the Special Permit, as requested, without conditions. The members voted as follows: Steven DeYoung - Aye Sean Igoe - Aye Dick Martin - Aye Jay Fraprie - Aye John Mantoni - Aye 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) 4,.. 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 #5012 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.--a iad-f-h9-44 . Mary A. aslowski J U N 1 6 2023 A TRUE COPY ATTEST: . T444/.4 N,i I 44 N 1 6 2023 .4.- Bk 35857 Pg319 #25135 _.. ,• ...,,,..., . COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS i,... 4.- Petition #: 5012 Date: June 15, 2023 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: Frederic E. Churchill and Margot D. Churchill Affecting the rights of the owner with respect to land or buildings at: 239 Pleasant Street, South Yarmouth, MA; Map 43, Parcel 19; Zoning District: RS-40; Title: Book 34736, Page 255 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. Steven DeYoung,Chairman A TRUE COPY ATTEST: ,.• 'Wiltelifi-44E0 3 . t1:1-.S • iLe6111;VIIYhiA4T4 DEEDS pwrwrAl IN p4-rtin20-1WCPTIMITCAT.T.V RECEIVED JUN 29 2013 LAW OFFICES OF ING PAUL R. TARDIF, ESQ., P.C. By"__D__ D EPARTMENT 490 MAIN STREET YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R Tardif,Esq. Stacey A. Curley,Esq. fltardif(a)tardiflaw.com www.tardiflaw.com scurleyntardiflaw.com REFER TO FILE NO. June 27, 2023 Dolores Fallon Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Zoning Appeal—239 Pleasant Street, South Yarmouth Frederic E. Churchill and Margot D. Churchill - Petition#5012 Dear Ms. Fallon: Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for the above referenced matter on June 23, 2023 in the Barnstable County Registry of Deeds in Book 35857, Page 317. Please note that a copy of the recorded Decision has been forwarded to Building Department for their records. I thank you for your assistance in this matter. V T ly Yours, aul R. rdif cc: Frederic and Margot D. Churchill Mark Grylls, Building Department Ifr" k, _ _