HomeMy WebLinkAbout5097 70 Breezy Point Rd Decision RecordedBk 36406 p037
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY LOCATION:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
April 25, 2024
5097
March 28, 2024
GTF & Sons Construction°
Dana M. Spada and Diane M. Spada
70 Breezy Point Road, South Yarmouth, MA
Map 34, Parcel 219
Zoning District: R-25
Title: Book 16314, Page 67
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Martin, Jay Fraprie, John
Manton, 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 GTF & Sons Construction on behalf of the property owners, Dana and Diane Spada.
The petitioner seeks a Special Permit and/or Variance to increase height in the required setbacks at
property located at 70 Breezy Point Road, South Yarmouth:, Massachusetts. This property is located
in an R-25 zoning district.
Mr. Tyler Fazzino, GTF & Sons Construction, represented the property owners who were also
present at the hearing.
The petitioner proposes to relocate an existing 12' x 12' bedroom on the first floor to the second
floor, squaring off the house by another 12' x 12' in the front and creating a 24' x 12' addition with a
second -story bedroom. The second story is added only to this proposed addition. The total height at
the peak is 20 feet.
The property has a septic system for 3 bedrooms. The existing center bedroom on the.
become a bathroom. The proposed open floor plan on the first floor will facilitate th
wheelchair.
The Board noted that the petitioner is not encroaching on the existing setl*' G , s Y.
height restrictions, and is proposing changes to the home that are consisteh 7. -
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Bk 36406 Pg38 #22094
A motion was made by Mr. Martin and seconded by Mr. Fraprie to grant the Special Permit as
requested. On a voice vote (5-0), the motion was approved.
A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to approve the request to withdraw
the Variance without prejudice. On a voice vote (5-0), the request to withdraw the Variance, without
prejudice, 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)
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 #5097 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. Maslowski, CMC
MAY 17 2024
Bk 36406 Pg39 #22094
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5097 Date: May 16, 2024
Certificate of Grantinp- 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: GTF & Sons Construction.
PROPERTY OWNER: Dana M. Spada and Diane M. Spada
Affecting the rights of the owner with respect to land or buildings at: 70 Breezy Point Road, South Yarmouth,
MA; Map 34, Parcel 219; Zoning District: R-25; Title: Book 16314, Page 67 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
BARNSTAKE REGISTRY OF DEEDS
John F. Meade, Register