HomeMy WebLinkAbout5084 30 Stiles Rd Decision Certified 04.25.24FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY LOCATION:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
April 25, 2024
5084
March 28, 2024
Congro Remodeling
Michael L. Litchfield and Shahrayne M. Litchfield
30 Stiles Road, South Yarmouth, MA
Map 78, Parcel 227
Zoning District: R-40
Title: Book 27217, Page 103
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Martin, 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 Trnies, the hearing opened and held on the date stated above.
The petitioner is Congro Remodeling on behalf of the property owners, Michael and Shahrayne
Litchfield. The petitioner seeks a Special Permit for front and side setback relief to construct a
15'x18' addition at property located at 30 Stiles Road, South Yarmouth, Massachusetts. This
property is located in an R-40 zoning district.
When the petitioners originally presented their plans at the February 8, 2024 hearing, the Board
expressed concerns about the lack of proper labels on the Certified Plot Plan and the distance
from the front lot line to the addition. Two abutters spoke in favor of the petition at the initial
hearing. The petitioners were asked to consider moving the addition at least 25 feet from the
front lot line and have returned with a new plan.
Mr. Paul Chebiniak, Architectural Designer, Peter McDonald Architect Firm, represented the
property owners who were also present at the hearing. Mr. Chebiniak explained that the home is
situated diagonally on a corner lot. The front setback on Almira Road to the addition is now 26.7 feet
instead of the previously proposed 23 feet.
. UECO ATTEST
TVWN C ERK
While the side setback to the addition is now 9.5 feet instead of the previously proposed 13.1 feet, the
house was already nonconforming on that southwesterly side. In addition, the backyard is fenced in
that area and the property owners testified that the neighbor is not opposed to the addition.
A motion was made by Mr. Fraprie which was seconded by Mr. Martin, to grant the Special Permit
as requested. On a voice vote (5-0), the Special Permit was approved.
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)
S:5s�
Sean Igoe, Vice Chair
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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 #5084 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
MAY 17 2424
A TRUE COPY� AT��T,,EST-
/ CUC 1 TOWN CLERK
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5084 Date: May 16, 2024
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:
PETITIONER: Congro Remodeling
PROPERTY OWNER: Michael L. Litchfield and Shahrayne M. Litchfield
Affecting the rights of the owner with respect to land or buildings at: 30 Stiles Road, South Yarmouth, MA;
Map 78, Parcel 227; Zoning District: R-40; Title: Book 27217, Page 103 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 1 l (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.
Sean Igoe, Vice Chair
TRUE COPY ATTEST
CMC I TQW -CLERK