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Home My WebLink AboutBOA #5137 Bk 36677 Pg323 #45882 a s _ 11-15-2024 @ 02 : 25p RI wog `=` ; p\, TOWN OF YARMOUTH ✓�': 41 BOARD OF APPEALS ,G DECISION . . ft' ��ryCogPO R AY „ � FILED WITH TOWN CLERK: October 1.6,2024 PETITION NO: 5137 HEARING DATE: October 10,2024 PETITIONER: Felix Torres and Teodora I.Dimitrova-Torres PROPERTY: 9 Woodbine Avenue,West Yarmouth, MA Map 37,Parcel 92 and 93 Zoning District: R-25 • Title: Book 29437;Page 150 MEMBERS PRESENT AND VOTING: Acting Chairman Jay Fraprie,Dick Martin,Barbara Murphy and Anthony Panebianco 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 seeks a Special Permit pursuant to Zoning Bylaw §104.3.2(2), or in the alternative, a Variance pursuant to §203.5,to allow rear setback relief to allow an as-built bulkhead to be 17.2 feet from the rear property line. • P The Property is located in the R-25.Zoning District and is comprised of 9,000 square feet and 100 feet of frontage on Woodbine Avenue..It is actually 2 separate lots,denoted as Lot 98 and 99 on a plan recorded in the Barnstable County Registry of Deeds in Plan Book 16, Page 75,dated January of 1926. In 202.1, after making inquiry about the buildability of this lot, the applicant appeared before this Board, seeking to overturn the decision of the Yarmouth Building Commissioner, who had determined that the lot was not buildable. This Board agreed that such a determination was erroneous, and found the lot to be buildable,but also granted a Special Permit for the fact that the lot contained a pre-existing poured foundation,measuring 24 feet by 36 feet, constructed in the early 1970s.A site plan was presented showing that the foundation was 13.5 feet from the side setback,where 15 feet is the minimum. In 2023, and based on the final Decision of this Board, the petitioners made application with the Yarmouth Building Department for a permit to allow for the construction of a new modular home on the property. The old foundation would be removed and replaced with a new foundation, and the project was to fully comply with all of the current bulk requirements of the A TRUE COPY ATTEST: • ,5t741.411)-Adtaivziti NOV ` 8 1024 Bk 36677 Pg324 #45882 Bylaw. Plans from the modular company,Modular Building Systems of Pennsylvania,were submitted with the application,and which failed to show the intention to construct an approximate 6 foot by 3 foot bulkhead to the rear of the property. Once foundations were poured, and the house constructed; an As-Built Plan was submitted to the Building Department so that a Certificate of Compliance could be issued. However,it was at this time that it was discovered that the bulkhead encroached into the rear setback by just under 3 feet,and is 17.2 feet away from that boundary. The Board determined that the appropriate form of relief in this matter would be through the issuance of a Special Permit. In addition, it was the consensus of the Board that the Special Permit would not be substantially more detrimental to the neighborhood than is the existing non- conforming structure, and found that no undue nuisance, hazard or congestion will be created and that there will be no substantial hann.to the established or future character of the neighborhood or Town. This bulkhead will certainly not be substantially more detrimental to the neighborhood than the house without a bulkhead. First, this bulkhead will not be visible from Woodbine Avenue, or from the abutting commercial property, as the Salvation Army store maintains a 6-foot stockade fence between their property and the applicant's property.The bulkhead will not extend higher from the ground than 3 feet. The abutters to the north are the applicants,and the neighbor to the rear,who would be the most affected,has submitted correspondence indicating her support for the relief sought this evening. The bulkhead will also benefit the applicant as a second means of egress from the basement. No abutters appeared either in favor or against the project. Accordingly, a motion was made by Mr. Martin, seconded by Ms. Murphy, to grant the Special Permit as requested. The members voted unanimously in favor of the motion. The applicant moved and was allowed to withdraw the request for relief in the form of a Variance, as it was the consensus of the Board that no such relief was needed. The members voted unanimously in favor of the motion. 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) 1 • Jay Fraprie,Acting Chairman A TRUE: COPY ATTEST: ,Ty).Wlitakike4 17I1_,:� I(TF1=L....i..K Nov - 8 2024 Bk 36677 Pg325 #45882 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#5137 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. Ti -P141-60t„,e, f i Mary A. Maslowski, CMMC, CIVIC ' NOV -- 8 2014 • • A'',:,:+, :u C.OPY..8 i E aT: WC04/4).M.44111.1A-46-- , j NOV - 8 2024 Bk 36677 Pg326 #45882 'S A COMMONWEALTH OF MASSACHUSETTS �� -YY %,lr0, TOWN OF YARMOUTH �; a BOARD OF APPEALS 1,13 y tic -, ::: bra N.ORPORAT Petition #: 5137 Date; November 6,2024 Certificate of Granting:of a Special Permit (General Laws Chapter 40A, Section 1 l) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: . • Felix Torres and Teodora I. Dimitrova-Torres Affecting the rights of the owner with respect to land or buildings at 9.Woodbine Avenue,West Yarmouth, MA; Map 37,Parcel 92 and 93; Zoning District: R-25; Title: Book 29437,Page 150 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. (71414.dt,lit'A.(j/ . Jay Frappe, Acting Chairman A T1 ..;;. C C Y 'r`r,31; Ttilai `JOHN F. 10/, BElyS2024 BARNSTABLE COUNTY REGISTRY OF DEEDS. RECEIVED & RECORDED ELECTRONICALLY 140/,_,-''..--(ite s. /� LAW OFFICES OF 9y ,�/� 9 0 •� PAUL R. TARDIF, ESQ., P.C. 6° �R �1� / / 490 MAIN STREET tiT YARMOUTH PORT,MA 02675 N (508)362-7799 (508)362-7199 fax Paul R. Tardif,Esq. Stacey A. Curley,Esq. ptardif@tardiflaw.com www.tardiflaw.com scurleyOltardiflaw.com REFER TO FILE NO. November 20, 2024 Dolores Fallon . Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Zoning Appeal—9 Woodbine Avenue, West Yarmouth Felix Tones and Teodora I. Dimitrova-Torres/Petition#5137 Dear Ms. Fallon: Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for the above referenced matter on November 15, 2024 in the Barnstable County Registry of Deeds in Book 36677, Page 323. Please note that a copy of the recorded Decision has been forwarded e Building Department for their records. I thank you for your assistance in this matter. ItTr Yours, I / i i`; R. Tat.if cc: Felix Tones and Teodora I. Dimitrova-Torres Mark Grylls, Building Department