HomeMy WebLinkAbout4810 8 Lyndale Rd Decision Recorded 07.24.2019Mk 32237 Psi i 57"IF 397t39
08-21-2019 a 03 a 46V
VARMOUTU TOWN
TOWN OF YARMOUTH ai9jUL24Pw3:51
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: July 24, 2019
PETITION NO: #4810
HEARING DATE: July 11, 2019
PETITIONER: Joseph M. Phillips
PROPERTY: 8 Lyndale Road, South Yarmouth, MA
Map & lot#: 0025.245; Zoning District: R-25
Book/Page: 29324/258
MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman, Sean Igoe, Thomas
Nickinello, Susan Brita and Tom Baron.
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 Register, the hearing opened and held on the date stated above.
The Petitioner is Joseph M. Phillips of 72 Dartmouth Rd., Longmeadow, MA who seeks relief in
connection with property located at 8 Lyndale Rd., South Yarmouth, MA, property located in a
Zoning District R -25. Specifically, the Petitioner seeks relief in order to construct a 15' x 18'
addition into a front setback by way of Special Permit or Variance.
The Board felt that the requested relief could be granted by Special Permit. Petitioner seeks to of
the master bedroom at the property. The property is located on a corner lot and, because of this,
technically has to front setback requirements. The true front of the home is substantially setback
from the road. The side of the home to which the addition is to be constructed also faces a road
which, if the addition were to be built, would be less than 30 feet from the road.
The Board has had similar requests in the past. Consistently, the Board has taken the position that
although two sides of a dwelling may face separate roads due to the lot being a corner lot, it is the
usual front of the home that dictates what is the required as front setbacks and the Board often
grants relief for the side of the home that may encroach into a front setback. In this instance,
construction of the proposed 15' x 18' addition will not result in it being closer than the required
side setback in an R-25 Zoning District. The Board felt that relief could be granted without
Bk 32237 Pg158 #39789
causing any undue hazard, nuisance nor congestion and that the relief, if granted, would not be a
detriment of any kind to the present or future character of the neighborhood or Town. The
Petitioner's plans depict what will be an appropriate lease style addition to the existing structure
and will make the existing structure more "user-friendly . The Board did have concerns relative to
the suitability of the septic system and that there would be no increase in the number of bedrooms
resulting from this addition. The Board therefore, considered that there should be two conditions
if relief were to be granted. These conditions were as follows: 1.) That the Petitioner assure
compliance with all conditions including inspection and approval imposed by the Board of
Health; and, 2. That a Floor Plan be filed with both the Board of Health and the Board of Appeals
showing the entire layout of the interior of the dwelling and confirming where each bedroom is
located. A Motion was made by Mr. Nickinello, seconded by Mr. Baron to approve the grant of a
Special Permit on the two conditions stated and as to this Motion, the Board voted unanimously in
favor and the Special Permit with the stated conditions was, therefore, granted.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days
after filing of this noticeldecision with the Town Clerk. Unless Permit shall lapse if a substantial use thereof has not begun within otherwise 24 months. S bylaw, MGLc 40A
§g)
Steven S. De oung, Chai
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