HomeMy WebLinkAbout5062 33 Hatch Rd Decision Certified 02.05.24FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
February 5, 2024
5062
January 11, 2024
Curt E. Baker
PROPERTY: 33 Hatch Road, South Yarmouth, MA
Map 89, Parcel 27
Zoning District: R-40 & APD
Land Court Lot #12, Plan #31209-D
Certificate of Title #170176
`24FEBT ,P,�v: 22 R-C,
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni,
and Barbara Murphy
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 Curt Baker who seeks relief with respect to property located at 33 Hatch Road,
South Yarmouth, Massachusetts, which property is located in an R-40 zoning district and the
Aquifer Protection District (APD). The property contains 13,068 square feet of area.
The Petitioner had received a violation notice, dated September 7, 2023, from the Deputy
Building Commissioner. Per §401.1.2, if a camper is parked or stored outside a garage, the
camper must be parked or stored to the rear of the front building line of the lot, except for
loading and unloading.
The Petitioner sought a Variance to allow a camper to be stored in the front of his property. The
Petitioner had two campers on the property: a new camper parked in front of an older camper.
At the initial hearing on November 9, 2023, the petitioner represented that he needed more time
to repair and remove the older camper. The Board received two letters of opposition to the
petition. In addition, two abutters spoke in opposition at the hearing.
The Petitioner was granted a continuance and signed an extension agreement to the January 11,
2024 hearing, which gave the Petitioner more than 60 days to remove or move the camper.
In a January 5, 2024 email to the ZBA Office Administrator, the Petitioner represented that the
camper had been removed. The Deputy Building Commissioner conducted a site visit on January
11, 2024, and provided a memorandum to the Board that one of the campers had been removed,
but the second camper was parked next to the garage and partially beyond the front tot line.
The Petitioner was not present at the January 11, 2024 hearing.
Vice Chair Igoe noted the following: The violation notice was issued on September 7, 2023. The
Petitioner appeared at the November 9, 2023 hearing, and represented to the Board that he would
remove the camper or move the camper behind the front lot line, prior to the January 11, 2024
hearing. The Petitioner has failed to do so, and is still in violation of the Zoning Bylaw. In
addition, the Petitioner does not qualify for Variance relief; he does not meet the criteria for a
Variance.
A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to deny the Variance.
On a voice vote (4-0), the Variance was denied.
Sean Igoe, nice Chair
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 #5062 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.
I
Mary A. Maslowski, CMC
FED 2 l 2024