HomeMy WebLinkAbout5120 9 Millard Rd Decision RecordedIRMOUTH TOWN CLERIC RE O k 36551 p s 5
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
August 9, 2024
5120
July 25, 2024
George Avery Carpentry
Donald J. Morrison, Trustee of
Pauline R. Morrison Realty Trust
PROPERTY: 9 Millard Road, South Yarmouth, MA
Map 34, Parcel 29
Zoning District: R-25
Title: Book 27063, Page 609
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 George Avery Carpentry which seeks relief in connection with property located
at 9 Millard Road, South Yarmouth, Massachusetts such property being in R-25 zoning district.
The relief sought is either to allow modification of Special Permit 44962 dated August 9, 2022 or
for the issuance of a new Special Permit per zoning bylaw § 104.3.2(2).
The petitioner, appearing on behalf of the owners of the property, informed the Board that when
the property was constructed pursuant to the existing Special Permit, the plans for the
construction inadvertently failed to show the landing required in order to constitute an
appropriate opening for the rear slider. When constructed, the landing will be 15.5 feet from the
rear property line, though 25 feet is usually required in the zoning district. The need for the
additional relief did not arise by any intentional act of any party, and was, as indicated
inadvertent. No one spoke in favor or in opposition to the requested relief, ar}d-nolox4ibits were
received at the time of the hearing. ++''r,�11''
The Board Members universally felt that the relief necessary could 1 e grant d 110
modification of the existing permit, acknowledging that the needed �Q&fgw tie i$.►-j
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A motion was made by Mr. Igoe and seconded by Mr. Mantoni to amend the existing Special
Permit #4962 to allow for the construction of a landing, servicing the rear deck/slider entryway
to a distance of 15.5 feet from the rear property line.
A roll call vote was taken and the following resulted: Mr. Mantoni-AYE; Mr. Igoe -AYE; Mr.
Fraprie-AYE and Mr. DeYoung-AYE. Special Permit #4962 was, accordingly, voted
unanimously in favor of amendment consistent with this decision.
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)
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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 #5I20 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 3 0 2024
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Petition #: 5120
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: August 30, 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: George Avery Carpentry
PROPERTY OWNER: Donald J. Morrison, Trustee of Pauline R. Morrison Realty Trust
Affecting the rights of the owner with respect to land or buildings at: 9 Millard Road, South Yarmouth, MA;
Map 34, Parcel 29; Zoning District: R-25; Title: Book 27063, Page 609 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.
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Steven DeYoung, Chairman
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
0 2024