HomeMy WebLinkAboutYCG 39 Grace Ave Decision 4777 Granted Porch Extensionr
Doc:1.359,328 11-26-2018 9:56
BARNSTABLE LAND COURT REGISTRY
Jy.Y 4k
r TOWN OF YARMOUTH
G BOARD OF APPEALS
C Z, DECISION
FILED WITH TOWN CLERK: October 30,2018
PETITION NO: #4777
HEARING DATE: October 25,2018
PETITIONER:Thomas Kerr and Gayle Kerr
PROPERTY: 39 Grace Avenue,(Yarmouth Camp Grounds Assoc.)
West Yarmouth,MA
l0 Map& lot#: 0083.2; Zoning District: R40
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MEMBERS PRESENT AND VOTING: Steven S.DeYoung,Chairman,Sean Igoe,Thomas
Nickinello,Richard Neitz,and Gerald Garnick.
C ; Notice ofthe 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
Register,the hearing opened and held on the date stated above.
The Petitioners are Thomas Kerr and Gail Kerr who have a primary residence at 20 Whippoorwill
Ln.,Yarmouth Port,MA.This application relates to a summer cottage which they own and which
is located at 39 Grace Ave., West Yarmouth, MA. This property is commonly known as the
Yarmouth Camp Grounds and is an area in which any change to the size of structures requires
zoning relief.The property is located in an R-40 Zoning District. The applicants seek to construct
in addition to a portion of this summer cottage.
The Petitioners did a fine job in describing their Petition and were benefited by the presence of
their builder, Dave Adams. The prospective project involves minor extensions of an ell off the
main cabin which will accommodate better use of the property. The Yarmouth Camp Grounds
Association approved the project prior to the presentation before the Zoning Board.
The Board felt that the Petitioners did a fine job in demonstrating that no undue hazard, nuisance
nor congestion would occur as result of the grant of a Special Permit nor would such relief cause
any substantial detriment to the existing or future character of the neighborhood or Town.
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Accordingly, a Motion was made by Mr. Neitz, seconded by Mr. Nickinello to grant the Special
Permit without conditions.On this Motion the Board voted unanimously in favor.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. 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,MGL c40A
9)
Steven S. DeYoung l itinan
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