BOA # 5029 Bk 35903 Pg137 #29201
07-24-2023 @ 10 : 10a
AI TOWN OF YARMOUTH
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BOARD OF APPEALS
1 DECISION
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1 JUL 31 2023
FILED WITH TOWN CLERK: June :Z3, 2023 BUILDING DEPARTMENT
By ----------------
PETITION NO: 5029
HEARING DATE: June 22, 2023
PETITIONER: Thomas J. Ruhan and Thomas A. Rockwell,
Trustees of the James F. Ruhan 2012 Irrevocable Trust
PROPERTY: 168 South Street, South Yarmouth, MA
Map 34, Parcel 297
Zoning District: RS-40
Title: Book 26927, Page 121
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard
Martin, Jay Fraprie, and John Mantoni
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 is seeking a Special Pennit pursuant to section 202.5, Footnote 5, of the Yarmouth
Zoning Bylaw to remove the existing, detached one-car garage and construct a detached two-car
garage, for a total of 6 garage bays on site.
The Property is located in the RS-40 Zoning District and is improved with a I 'A story, 5-
bedroom home,with an attached 2-car garage, a detached accessory garage for 2 cars, and a
detached accessory garage for one car. The home was built in approximately 1973, but it
replaced another structure on the site. Zoning Decision 520, attached to the application,
references the existence of a 2-story home on the lot in at least 1960. The 2-car garage was on
the property prior to the house being built in 1973. It was moved from a property on River Street
in the 1960s. The one-car garage dates back with the old house that was torn down. The property
contains approximately 1.08 acres, with approximately 120 feet of frontage on South Street, 132
feet along the Bass River, and is approximately 375 feet deep. The existing home complies with
the front and rear setback, as well as the right side setback. It encroaches into the left side
setback by 1 foot. The two-car garage is only 4.8 feet from the left side setback, but has been
there for approximately 60 years. The one-car garage meets all setbacks. Lot coverage is 9.6%.
A TRUE COPY ATTEST:
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JUL 1 7 2023
Bk 35903 Pg138 #29201
The proposal is to raze the one car garage and replace it with a new garage measuring 40 feet by
28 feet, which will primarily house Mr. Ruhan's boat. The new garage will increase the number
of garage bays from 5 to 6. The new addition will meet all the current setback requirements for
the zoning district, and will provide additional storage. The lot coverage will be increased to
1 1.5%, well below the 25% maximum.
No abutters appeared either in support or in opposition to the project. The Board was concerned
about allowing a sixth garage bay to this property, and the precedent that it may create. However,
Board Members voiced their cognizance of the fact that this was a large lot, with 5 pre-existing
garage bays on the site, and the ample vegetative screening of the new structure from South
Street. These unique factors are circumstances affecting only this lot, and that the driveway to
enter the new garage will be pointed toward South Street, with any headlights shining into the
garage and not toward anyone's home. As such, it was the opinion of the Board that, in this case,
a Special Permit was warranted. The Board was in unanimous agreement that the use of the
additional garage bays would not be substantially more detrimental to the neighborhood, zoning
district, or Town, than the existing non-conforming structure, and that the applicant has
demonstrated that no undue nuisance, hazard or congestion will be created 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. Igoe, seconded by Mr. Martin, to grant the Special
Permit, as requested, with the following condition: The space above the new garage bays will be
used for storage and not for living space.
The members voted unanimously in favor of the motion 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)
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 #5029 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.
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Mary A. aslowski 7 ���3
JUL A TRUE COPY ATTEST:
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Bk 35903 Pg139 #29201
��t •�_ .‘lie--,,, COMMONWEALTH OF MASSACHUSETTS
t`.: ra, TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5029 Date° July 14, 2023
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, Section 1 1)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been
granted to:
Thomas J. Ruhan and Thomas A. Rockwell,
Trustees of the James F. Ruhan 2012 Irrevocable Trust
Affecting the rights of the owner with respect to land or buildings at: 168 South Street, South Yarmouth,
MA; Map 34, Parcel 297; Zoning District: RS-40; Title: Book 26927, Page 121 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.
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Steven DeYoung, Chairman
A TRUE COPY ATTEST
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BARNSTABLE CO REGT STRY OF DEED_
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LAW OFFICES OF
PAUL R. TARDIF, ESQ., P.C.
490 MAIN STREET
YARMOUTH PORT,MA 02675
(508)362-7799 (508)362-7199 fax
Paul R Tardif,Esq. Stacey A. Curly,Esq.
ptardif(Jtardiflaw.com www.tardiflaw.com scurley@tardiflaw.com
REFER TO FILE NO.
July 27, 2023
- ECDolores Fallon FR
Yarmouth Zoning Board of Appeals JUL 312013 1146 Route 28 1
South Yarmouth, MA 02664 _
3IJIL DING DEPARTMEN F '
RE: Zoning Appeal— 168 South Street, South Yarmouth
Ruhan- Petition#5029
Dear Ms. Fallon:
Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for
the above referenced matter on July 24, 2023 in the Barnstable County Registry of Deeds in
Book 35903, Page 137. Please note that a copy of the recorded Decision has been forwarded to
the Building De ment for their records. I thank you for your assistance in this matter.
T 11 ors,
Ir
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cc: Thomas J. Ruhan
Mark Grylls, Building Department