HomeMy WebLinkAbout503 Route 28 #18 Decision 5039 Granted Deck, Shed, Pergola with ConditionsBk 35958 Pg242 #33924
08-28-2.02.3 @..09:35a.
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: August 3, 2023
PETITION NO: 5039
HEARING DATE: July 27, 2023
PETITIONER: Michael W. Mettey
PROPERTY: 503 Route 29, Unit 19, West Yarmouth, MA
Map 31, Parcel 35
Zoning District: B-2
Title: Book 29022, Page 270
MEMBERS PRESENT AND VOTING- Chairman Steven.DeYoung, Dick Martin, Jay Fraprie,
John Mantoni, Sean Igoe, and Barbara Murphy (alternate)
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 § 104.3.2 for a ground -level deck, pergola, and
utility closet as part of a preexisting, nonconforming use.
The Condominium Property, of which the Applicant's unit.is part, is located in the B2 Zoning
District and is improved with.twenty five condominium units, and constructed. in approximately
1950, spread over a lot containing 1..74 acres. Petitioner's Unit 18 consists of a one story, one
bedroom, and contains 324 square feet. The Unit is approximately 40.5 feet from the nearest side
boundary, 230 feet from the fiont.boundary along Route 28, and 16 feet from the Unit located to
the south of # 18. In 2015, the applicant constructed an approximate 230 square foot deck on the
ground, and enclosed the water heater which had.been moved to the outside ofthe unit at the
suggestion of the insurance company that year. Over the years, the applicant had erected 2 metal
pergolas, and finally replaced the last pergola with a wooden version in 2020, which is currently
located on the deck. The deck and pergola were built without the benefit of a building permit, but
with the approval of the condominium association of unit owners. The deck is 29.5 feet from the
side boundary, which cornplies with the 25 foot side setback requirement for the B2 Zoning.
District.
The need for relief was only recently .learned when a Building Department representative was
alerted to an illegal use being made. of a different condominium Unit located directly on Route
A TRUE COPY ATTEST.
OW CMC I TOWN CLERK
AUU 2 4 2023
Bk 35958 Pg243 #33924
28. The applicant is merely seeking to keep the deck, the utility closet built on that deck, and the
wooden pergola. There are no changes to the inside of the unit_
No abutters appeared in opposition to the project. The Bayberry Village Condominium
Association submitted . a letter to reaffirm their original, and continued, approval of the
improvements. The Board, although generally in favor of the project, did express concern
regarding the safety of the utility closet, and questioning whether the deck, as presently
assembled, would be entitled to a. building permit. The Board also was adamant that any change
from the existing improvements would need to be brought back to the Board for further approval.
However, and based on the Applicant's stated intention to leave the deck, utility ;closet and
pergola as situated, the Board did find_ that the requirements of Section 104.3.2 of the Bylaw had
beenmet, that the improvements would not be substantially more detrimental.. to the neighborhood
than the existing improvements, that the issuance of the Special Permit would not result
in undue nuisance, hazard or congestion and that there will be no substantial harm to the established
or future character of the neighborhood or town. Accordingly,
a motion was made by Mr. Igoe, seconded by Mr. Martin, to grant the request for the
Special Permit, with the following conditions: 1.
No structural changes to the existing deck, utility shed and the pergola may be made without
the further review and approval of the Zoning Board of Appeals; 2.
An inspection by the Yannouth Fire Department will be conducted to determine that the utility
closet and.venting of the same are in compliance with the fire code; 3.
An inspection by the Building Department of the plumbing and wiring of the utility closet meet
aRbuilding code requirements; and 4.
Full compliance with all other conditions of the Building Department and Fire Department.
The
members voted 5-0 as follows with Ms. Murphy present as an Alternate: Steven
DeYoung - Aye Sean
Igoe - Aye Dick
Martin - Aye fay
Fraprie - Aye John
Mantoni - . Aye Barbara
Murphy (Alternate) - Aye No
pennit 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 riled 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 §
103.15, MGL c40A §9) Steven
DeYoung, Chairman A
TRUE COPY ATTEST. 1)
Ae- NAWZXICJ4 1
i Giti11C:L:P AW
2 4 2023