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Home My WebLink AboutBOA decisionTAR}IOUTH TIHH CLERK RE llAV 16'24 Pr{2:38 6L D e- 2q-/3 Bk 36414 Pet 51 +?2?92od_ar._?tjzl$ a 12:45p ti; TOWN OFYARMOUTH BOARD OF APPEALS DECISION FILED WITHTOWNCLERK: M.ay 16'2024 PETITION NO: 5104 HEARINGDATE: N1tY9,2024 PETITIONER:Anthony J. Ciulla nnd Margaret N. Ciulla PROPERTY:49 Vac-ation Lane, West Yarmouth, MA N{rg 47, Parcel 43 Zoning District: R-25 Book 32E07, Page 202 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 I 0,097 square feet of area according to the plot plan. The petitioner seeks reliefin the form ofa Special Permit per $104.3.2(2) and/or a Variance from $203.5 for front setback reliefto constnrct a 10' x 12' addition on a preexisting, nonconforming structure. The house sits slightly askew on a comer lot at Vacation Lane and Cottage Drive. With the proposed additioq the front setback would be 19.3' instead ofthe existing 19.5' from Cottage Drive. The front setback requirement for this zoning district is 30 feet. The l0' x 12' addition would add a kitchen bumpout, extend to an existing 3-season room, and square offthe house. The existing deck would be trimmed back to abut the addition. Ganerally, the Board requires an architectural plan to show what is approved, but the petitioner testified that the addition would be part ofthe kitchen. a: !; ',,:.rt JUN 11202+ BUILDING DEPARTM ENI Re cEt VED Prior to the hearing, the Board received a left€r of support fiom a direct ab i.,,M MEMBERS PRESENT AND VOTING: Chairman Steve DeYoung, Vice Chair Sean Igoe' Jay Fraprie, John Mantoni, and Anthony Panebianco Notice ofthe hearing has been given by sending notice thereofto the petitioner and all those owners ofproperty as required by law, and to the public by posting notice of the hearing and publishing in The Cape Cod Tines, the hearing opened and held on the date stated above. Bk 36414 PgL52 *22792 The Board agreed that the petitioner qualifies for a Special Pernrit because the request is an extension ofa 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 reliefto avoid houses encroaching on the road, but in this instance, the rquest 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 frling 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 fi.ling ofthis notice/decision with the Town Clerk Unless otherwise provided herein, the Special Permit shall lapse ifa substantial use thereof has not begun within 24 months. (See bylaw $103.2.5, MGL c40A $9) Sean Igog Vice Chair CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, Town Clerlq Town of Yarmouth, do hereby certi& thar 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 rvith me, or, if such appeal has been filed it has been dismisse.d or donied. A1l appeals have been exhausted. Twnmr4tt r4z, Mary A. Maslowski, CMC JUN - 7 202{ - 1.2821 Bk 36414 PsL53 #22792 COMMONWEALTH OF MASSACI IUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5104 Date: June 6, 2024 Certificate of Grantinq of a Special Permit (General Laws Chapter 40A, Section 1 I ) Anthony J. Ciulla and Margaret N. Ciulla Affecting the rights of the owner with respect to land or buildings at: 49 Vrcation Lane, West Yarmouth, MA; Map 47, Parcel43; Zaning 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 mpies ofsaid decision, and ofall plans referred to in the decision, have been filed. The Board ofAppeals also calls to the attention of the owner or applicant that Gen€ral Laws, Chapter 40d Section I I (last paragraph) and Section 13, povides 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 tweng (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, ifsuch appeal has been frled, that it has been dismissed or denied, is recorded in the Registry ofDeeds 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 owne/s certificate oftitle. The fee for such recording or regislering shall be paid by the owner or applicant. Sean lgoe, Vice Chair BAHNSTABLE COI..,NTY REGISTRY OF DEEDS A TRUE COPY, ATTEST6'\\u--q-- JOHN F, MF49E !!95r:" : BARIISIABLE REGISIRY ()F DETDS Joir F. meado, Registel rug The Board of Appeals of the Town of Yarrnouth Massachusetts hereby certifies that a Special Permit has been granted to: