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HomeMy WebLinkAbout5121 16 Ivy Ln Decision RecordedBk 36551 Pm118 0-35077 -ARNOUTU TOWN CLERK RE AU0 8 T4- Am-9:21 TOWN OF YARMOUTH BOARD OF APPEALS DECISION v ,�+�ORPOR,�teo� FILED WITH TOWN CLERK: August 8, 2024 PETITION NO: 5121 HEARING DATE: July 25, 2024 PETITIONER: Sonia and Anthony Hylton PROPERTY: 16 Ivy Lane, South Yarmouth, MA Map 59, Parcel 209 Zoning District: R-40 Title: Book 34866, Page 153 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Jay Fraprie, and John Mantoni. 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 as stated above. The petitioner is Sonia and Anthony Hylton seeking side setback relief to build an 8' x 12' sunroom at 16 Ivy Lane, South Yarmouth, Massachusetts which property is in the R-40 zoning district. The property contains —9,954 square feet of area. With a front setback of 29.4 feet, the home was determined to be a preexisting nonconforming structure, and the Board proceeded with considering the relief by way of Special Permit. Because of an existing deck at the rear of the home, the petitioner is proposing a sunroom extension that would be 12.7 feet from the side property line. The petitioner has a small lot in an R-40 zoning district, making it difficult to meet a 20-foot side setback. The Board agreed that the sunroom would be an enhancement to the home, and the Board was satisfied that the sunroom would be located an adequate distance from the nearest neighbor. A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to approve ial Permit. A roll call vote was taken on the motion and was passed by unanimous { Q ` bers d voted as follows: Mr. DeYoung-AYE; Mr. Igoe -AYE; Mr. Fraprie-AY .aCap�- •����]j 12024 Bk 36551 Pg119 #35077 A motion was made by Mr. Fraprie and seconded by Mr. Igoe to allow the petitioner to withdraw the request for Variance without prejudice. A voice vote was taken on the motion and was passed by unanimous (4-0) vote. 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) Steven DeYoung, Chairman CERTIFICATION OF TOWN CLERK I, 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 #5121 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, CMMC, CMC AUG 2 9 2024 IL }4+ r ti4 ,%•M12.4� Bk 36551 Pg120 #35077 V006 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5121 Date: August 29, 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: Sonia and Anthony Hylton Affecting the rights of the owner with respect to land or buildings at: 16 Ivy Lane, South Yarmouth, MA; Map 59, Parcel 209; Zoning District: R40; Title: Book 34866, Page 153 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. Steven DeYoung, Chairman $ARN,oI ABLE DGURi REGISTRY OF DEEDS A TRUE COPY, A7TES1 EST. I-PNI F. MFADE, REGISTER As BARNSTABLE REGISTRY OF DEEDS Jpbn F. Meade, fiftift '-.