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HomeMy WebLinkAbout5101 2 Harth Ln Decision RecordedBk 36436 Ps 293 024787 ARMUUTH TOWN CLERK RE �6-25-�2024 & 11 z 23ct JUN 9124 Am9:09 Y, TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: June 3, 2024 PETITION NO: 5101 HEARING DATE: April 25, 2024 PETITIONER: Thomas J. Korytoski and Janet E. Korytoski PROPERTY: 2 Harth Lane, West Yarmouth, MA Map 39, Parcel 26 Zoning District: R-25 Book 24569, Page 6 MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni, Barbara Murphy, 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 Thomas and Janet Korytoski with respect to property located at 2 Harth Lane, West Yarmouth, Massachusetts, which property is located in an R-25 zoning district. The property contains 8,712 square feet of area. 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 covered porch on a preexisting, nonconforming dwelling. On November 1, 2022, the petitioner had applied for a building permit. However, the petitioner objected to the requirement for a certified plot plan and architectural drawings, and no permit was issued. Subsequently, the petitioner constructed a porch without a permit. As a result, the petitioner received a violation notice, dated December 18, 2023, from the Deputy Building Commissioner, regarding the construction of a porch on the property without the benefit of the required permit. In addition, the porch was built —2-3 inches into the minimum front setback which is 30 feet in this zoning district. ' A T, 6FE 1 p i C:41tiu� The Board received one letter of support for this petition prior to the hearing and'15 audience members expressed their support at the hearing. The Board agreed that the porch is an extension of a preexisting nonconforming structure. If front setback relief is granted, the Building Department would work through the remaining permit requirements with the petitioner. The Vice Chair also encouraged the petitioner to seek permits prior to construction in the future. A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to approve the Special Permit with the condition that the petitioner obtains all necessary permits and complies with all state and local building requirements. On a voice vote (5-0), the motion with the stated condition was approved. A motion was made by Mr. Fraprie and seconded by Mr. Mantoni 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) Sean Igoe, Vice Chair CERTIFICATION OF TOWN CLERK 1, 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 #5101 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 .;UN 2 4 2024 .. er'1r-r x 'my �JcrOL'] y:�( g YA COMMONWEALTH OF MASSAC1 USETTS TOWN OF YARMOUTH ' BOARD OF APPEALS 00 0"Tr 1b Petition #: 5101 Date: June 24, 2024 Certificate of Grantina 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: Thomas J. Korytoski and Janet E. Korytoski Affecting the rights of the owner with respect to land or buildings at: 2 Harth Lane, West Yarmouth, MA; Map 39, Parcel 26; Zoning District: R 25; Book 24569, Page 6 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 BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register 4 A ML tG Vy - Y C'mt6 M T To - SUN 1 4-1 01