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Home My WebLink About5090 1 Denise Ln Decision RecordedYf WOUTH TOWN CLERK RE JUL 10'24 AmIO:59C Og 0� - RPORAi EO�p FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: PROPERTY LOCATION: B.k 36501 P�274 4-30661 fa8-05-2424 a 01e3a0 TOWN OF YARMOUTH BOARD OF APPEALS DECISION July 10, 2024 5090 May 23, 2024 Sand Dollar Customs, LLC J.R. King and Emily King 1 Denise Lane, South Yarmouth, MA Map 69, Parcel 168 Zoning District: R-40 Title: Book 33027, Page 139 MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Martin, Jay Fraprie, Barbara Murphy, and Tim Kelley 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 Sand Dollar Customs, LLC with respect to property located at 1 Denise Lane, South Yarmouth, Massachusetts, which property is located in an R-40 zoning district. 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 22' x 17' addition on a preexisting, nonconforming structure. At the initial hearing on March 14, 2024, Mr. Steve Bobola, Sand Dollar Customs, explained that the proposal is to add a 22' x 17' addition of a family room with a half -bathroom. The bedroom count is not increasing. The building coverage allowed is 25% and the proposed building coverage is 16.51 %. There is a leaching field in front of the proposed addition. If the petitioner expanded toward Denise Lane, it would be a substantial financial hardship to relocate the existing septic system. There are no proposed changes to the driveway or the gravel parking area. There is also an existing deck on the rear lot line that appears to have a setback of zero or close to zero. Typically, the side setback requirement for the R-40 zoning district is Lane is on a comer lot, giving the property two fronts and requiring a Mr. Bobola testified that based on setback averaging for the two immediate abutters, —23.65 feet would be allowed by -right per the bylaw, and the petitioner is seeking a setback of 20.76 feet. However, Mr. Bobola did not provide documentation to support his testimony. Vice Chair Igoe noted that the petitioner has no immediate abutters on Sharon Road because of the comer lot The Board discussed the various options for the petitioner. If the homeowner needs the space, the house could go up, instead of out. However, adding a second floor would be a more expensive option for the homeowners. The Board agreed that the petitioner does not meet the criteria for a Variance and two Board Members expressed concern about conditioning the grant of a Special Permit on removal of the rear deck. A motion was made by Mr. Neitz and seconded by Mr. Martin to grant a Special Permit for a 25-foot front setback from Sharon Road for a 22' x 13' addition with the condition that the rear deck is removed. On a voice vote (4-1), the motion was approved. Then, a motion was made by Mr. Neitz and seconded by Mr. Panebianco 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. Prior to filing a decision, Vice Chair Igoe requested that the Board reconsider its decision because Mr. Bobola had obtained documentation to support his testimony about the setback averaging. At the May 9, 2024 hearing, the Board discussed a reconsideration of this petition. A motion was made by Mr. Igoe and seconded by Mr. Fraprie to approve the request for reconsideration of Petition #5090 at the May 23, 2024 hearing. On a roll call vote (4-0), the motion was approved. At the May 23, 2024 hearing, Mr. Bobola again represented the property owners and provided a House Setback Averaging Plan stamped by a professional land surveyor. The plan showed the setback averaging for I Denise Lane based on the house around the comer (2 Lauries Lane) with a front setback of 17.95 feet and the house next door (7 Denise Lane) with a front setback of 29.34 feet. As a result, the setback averaging is 23.645 feet. The petitioner is requesting an additional 2.885 feet beyond the setback averaging. The petitioner's proposed front setback of 20.76 feet would align closely with the house around the corner (2 Lauries Lane) which has a front setback of 17.95 feet to 19.17 feet. The Board expressed concern about the size of the addition on the small lot and the proximity of the addition to Sharon Road, but noted that the neighborhood has larger homes on small lots. Considering the existing setbacks on the petitioner's property (e.g., 8.74 feet on the side setback), the Board discussed a reluctance to grant future expansion on this property, unless the petitioner chooses to go up, such as adding a second floor. A motion was made by Mr. Fraprie and seconded by Mr. Kelley to approve the Special Permit with the condition that no further expansion of the footprint shall be allowed. On a voice vote (5- 0), the motion was approved. A motion was made by Mr. Fraprie and seconded by Mr. Kelley to Variance without prejudice. On a voice vote (5-0), the motion was 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 #5090 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. IF Mary A. Maslowski, CMC C M P✓t spa COPY AkTFST. �g YAK COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH o I BOARD OF APPEALS ry�flAAOflAtEi Petition #: 5090 Date: July 31, 2024 Certificate of Granting 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: Sand Dollar Customs, LLC PROPERTY OWNER: J.R. King and Emily King Affecting the rights of the owner with respect to land or buildings at: 1 Denise Lane, South Yarmouth, MA; Map 69, Parcel 168; Zoning District: R-40; Title: Book 33027, Page 139 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