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Home My WebLink AboutBOA# 5123 -a r=�' � °_''=' # Etk 3656'5 Pal 22'? �w ,36354- 09--13-2024 a 11 9a dog ,, ! ,, O. TOWN OF YARMOUTH h � BOARD OF APPEALS "°'"` " =''i` DECISION iM.2TgGH66SE � �j 9 '�C'2Rp0RATEo`y'S FILED WITH TOWN CLERK: August 22,2024 PETITION NO: 5123 HEARING DATE: August 8,2024 PETITIONER: Janice M. O'Reilly,Trustee of the 71 Acres Avenue Realty Trust PROPERTY: 71 Acres Avenue,West Yarmouth,MA Map 24,Parcel 7 Zoning•District: R-25 Title: Book 28887,Page 89 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe,Dick Martin,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 Janice O'Reilly,Trustee of the 71 Acres Avenue Realty Trust, who seeks relief with respect to property located at 71 Acres Avenue,West Yarmouth, Massachusetts which property is located in an R-25 zoning district. The petitioner was accompanied by the proposed builder for the project,Dave Manning, and each did a fine job of presenting the petition. The relief site is in connection with the desire to increase the ridgeline of the existing structure, so as to add more living and storage space to the dwelling and to move the deck, which would result in a distance from the structure of 9.2 feet to the abutter's sideline. As the house is situated at an angle on the lot, the actual construction will be between 9.5 feet to 9.2 feet and will move closer within the front setback from 50 feet to 40 feet. As is generally the circumstance,relief of this nature is considered to be by Special Permit. Through Board discussions, it was felt that the criteria for a Special Permit was met. No one spoke in favor or against the petition, and no exhibits were received during the hearing. It was noted that an"As Built"plan will be required once the construction has completed. ,A TRUE COPY ARV: ' 7 M14/044 ' cmfly tome/TOWN CL IRi SEP =1 2 2024 Bk 36565 Pg223 #36354 A motion was made by Mr. Fraprie, seconded by Mr. Mantoni to grant the Special Permit with the following conditions: 1. That the construction result in the structure, inclusive of decking,being no closer to the southerly abutting lot line than 9.2 feet and; 2. That an"As Built"plan be filed with the Town within 90 days of the completion of the construction. A roll call vote of the members was called with a vote of five in favor of the motion and none opposed. The Special Permit with the stated conditions was,therefore,granted. Mr. Igoe made a motion to allow the withdrawal of the request for a Variance, without prejudice, which motion was seconded by Mr. Mantoni. The motion was allowed on a voice vote of five in favor and none opposed. 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#5123 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. Ttieytta,A(.410,444 Mary A. Maslowski, CMMC, CMC SEP 1 2 2024 A TRUE COPY ATTEST clinic f : i I TOWN• ,,.. CLERK • SEP 1 2 2024 Bk 36565 Pg224 #36354 og YAK COMMONWEALTH OF MASSACHUSETTS ,e. y Irk, TOWN OF YARMOUTH BOARD OF APPEALS =M�n.1GMLC3L' ,Hc�RPORATE.`y9 Petition#: 5123 Date: September 12,2024 Certificate of Grantingof 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: Janice M.O'Reilly,Trustee of the 71 Acres Avenue Realty Trust Affecting the rights of the owner with respect to land or buildings at: 71 Acres Avenue,West Yarmouth,MA; Map 24,Parcel 7; Zoning District: R-25; Title: Book 28887, Page 89 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. AAC.,„ Steven DeYoung, Chairman BN zrz.y,i.c t GvU: Y REGISTRY OF DFFDS A TRUE COPY,ATTEST A TRUE:COPY ATTEST • t..F4'S, V:CIVI /t UVVN'vi.af liC BARNSTARLE REGISTRY OF DEEDS V John F. Meade, Register 1 • "SEP t 2 2024