HomeMy WebLinkAbout5111 48 Witchwood Rd Decision TC 07.10.24TH TOWN
1RMUU CLERK JUL 10'24�1057
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: July 10, 2024
PETITION NO: 5111
HEARING DATE: June 13, 2024
PETITIONER: James M. Welch, Jr.
PROPERTY: 48 Witchwood Road, South Yarmouth, MA
Map 68, Parcel 90
Zoning District: R-40 & APD
Book 25304, Page 321
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 Times, the hearing opened and held on the date stated above.
The petitioner is James Welch who seeks a Variance from §203.5 to construct a 24' x 24'
detached two -car garage at 48 Witchwood Road, South Yarmouth, Massachusetts which
property is in the R-40 zoning district. The property contains - 18,295 square feet of area.
The Certified Plot Plan shows a dotted line on Witchwood Road where the Town of Yarmouth
took about 3,000 square feet of land from 48 Witchwood Road to create Mulford Street.
Mr. Welch testified that the proposed one -level structure would be just a garage with power only
for a garage door opener. There would be no loft or living area. The existing garage would
remain on the property.
The Board questioned whether Mr. Welch could shift the proposed garage closer to the existing
garage. Mr. Welch testified that he wanted the garage as close as possible to the side setback in
order to drive straight into the garage from Mulford Street and see into the backyard.
At the hearing, an abutter on Witchwood Road spoke in support of the petition and a letter of
support was received from a direct abutter on Lakefield Road.
One Board Member questioned the construction of a new two -car garage on a nearly half -acre lot
that already has a garage and said if the new garage is built closer to the existing garage, then the
petitioner would not need zoning relief.
However, because the Town took land which changed the shape of the lot, the petitioner cannot
add a bay to the existing garage.
The side setback requirement in the R-40 zoning district is 20 feet. The Board discussed a
compromise from the petitioner's proposed 15.9' side setback to a 17.9' side setback.
The petitioner agreed to the compromise of a 17.9' side setback and will provide an updated
Certified Plot Flan with the revised side setback.
A motion was made by Mr. Martin and seconded by Mr. Fraprie to approve a Variance with the
following condition: The garage will be set back no less than 17.9' from the lot line on the
Mulford Street side.
On a voice vote (5-0), the Variance with the stated condition 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 noticeidecision with the Town Clerk. Unless otherwise provided herein, a
Variance shall lapse if the rights authorized herein are not exercised within 12 months (See
bylaw § 103.2.5, MGL c40A § 10)
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 #5111 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