HomeMy WebLinkAbout5111 48 Witchwood Rd Decision Certified 07.10.24ARIM0i0'"M ROWN CLERK ROE
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FILED WITH TOWN CLERK
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
Jul) 10, 2024
5111
June 13,2024
James M. Welch, Jr.
48 Witch%sood Road, South Yarmouth, MA
Map 68, Parcel 90
Zoning District: R-40 & APD
Book 25304, Page 321
MEMBERS PRESENT AND VOTING: Vice Chair Scan 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 Dines, 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 ?4' 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 ofarea.
The Certified Plot Plan shows a dotted line on Witchwood Road where the Town of Yar nouth
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 «ith pox%er onl.,.,-
for a garage door opener. There Would be no loft or living area. The existing garage x%ould
remain oil the property.
The Board questioned -v%hether 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 receied from a direct abutter on Lakefield Road. �'', .
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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 Plan with the re,%-ised 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 pen -nit 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 I? and must be filed within 20
days after tiling of this notice/decision 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 ti 103.2.5, MGL c40A ti 10)
Sean Igoe, Vice Chair
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk. Town of)'armouth, 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. Maslov�ski, CMC
JUL 3 12024
1.-• COPY `TT- T
JUL 3 12024
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Petition #: 5111
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: July 31, 2024
Certificate of Granting ofa Variance
(General Laws Chapter 40A_Section 10)
The Board of Appeals oL the To%%n of Yannouth Massachusetts hereby certifies that a Variance has been
granted to:
James N1. Welch, Jr.
Affecting the rights of the owner with respect to land or buildings at: 48 Witchwood Road, South Yarmouth,
ILIA; flap 68, Parcel 90; Zoning District: R-40 & APD; Boom 25304, Page 321 and the said Board of
Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said
Variance, and copies of said decision, and of all plans referred to in the decision, have been tiled.
1-he Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,
Section 1 l (last paragraph) and Section 13, provides that no Variance, 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 (2-0) days ha%e 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 ha; been tiled, 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
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BARNSTABLE REGISTRY 4F DEEDS
John F, Meade, Regist'81 IOLA,