Loading...
HomeMy WebLinkAbout5104 49 Vacation Ln Decision Certified 05.16.24'ARNOUTH TOWN CLERK RE MA'S 16124 Pm2:38 TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: May 16, 2024 PETITION NO: 5104 HEARING DATE: May 9, 2024 PETITIONER: Anthony J. Ciulla and Margaret N. Ciulla PROPERTY: 49 Vacation Lane, West Yarmouth, MA Map 47, Parcel 43 Zoning District: R-25 Book 32807, Page 202 MEMBERS PRESENT AND VOTING: Chairman Steve DeYoung, Vice Chair Sean Igoe, Jay Fraprie, John Mantoni, and Anthony Panebianco 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 Anthony and Margaret Ciulla with respect to property located at 49 Vacation Lane, West Yarmouth, Massachusetts, which property is located in an R-25 zoning district. The property contains 10,097 square feet of area according to the plot plan. The petitioner seeks relief in the form of a Special Permit per § 104.3.2(2) and: -or a Variance from §203.5 for front setback relief to construct a 10' x 12' addition on a preexisting, nonconforming structure. The house sits slightly askew on a corner lot at Vacation Lane and Cottage Drive. With the proposed addition, the front setback would be 19.3' instead of the existing 19.5' from Cottage Drive. The front setback requirement for this zoning district is 30 feet. The 10' x 12' addition would add a kitchen bump -out, extend to an existing 3-season room, and square off the house. The existing deck would be trimmed back to abut the addition. Generally, the Board requires an architectural plan to show what is approved, but the petitioner testified that the addition would be part of the kitchen. Prior to the hearing, the Board received a letter of support from a direct abutter. ffl;=AT%151' JUN — 7 2624 The Board agreed that the petitioner qualifies for a Special Permit because the request is an extension of a legally preexisting, nonconforming structure. The addition would not be substantially more nonconforming in a way that would impact the neighborhood. Typically, the Board does not grant front setback relief to avoid houses encroaching on the road, but in this instance, the request is appropriate. A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to approve the Special Permit. On a roll call vote (5-0), the motion was approved. A motion was made by Mr. Fraprie and seconded by Mr. Panebianco to withdraw the request for a Variance without prejudice. On a voice vote (5-0), the motion 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) 9� Sean Igoe, Vice 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 #5104 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, CMC JUN - 7 2024 ATTEST JUN - 7 2024 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5104 Date: June 6, 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: Anthony J. Ciulla and Margaret N. Ciulla Affecting the rights of the owner with respect to land or buildings at: 49 Vacation Lane, West Yarmouth, MA; Map 47, Parcel 43; Zoning District: R-25; Book 32807, Page 202 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. Sean Igoe, Vice Chair AiiuE COPVATTEST. L�fi-c JUN - 7 2024