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HomeMy WebLinkAboutDecision 5038 184 South Sea Ave #10 Granted Replace DeckDocalr487r541 09-14--2023 9:04 BARNSTABLE LAND COURT REGISTRY FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION August 14, 2023 5038 July 27, 2023 Matthew Feid and Robyn Feid t}-... I i -i i? F a _L PROPERTY: 184 South Sea Avenue Unit 10, West Yarmouth, MA Map 17, Parcel 136-C10 Zoning District: R-25 Land Court Lot #279138, Plan #21952-B-1 Certificate of Title #C94-10 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick Martin, Jay Fraprie, .John Mantoni, and Barbara Murphy (Alternate). 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 Cape Cock Times, the hearing opened and held on the date stated above. The petitioners are Matthew and Robyn Feid who seek relief with respect to the property located at 184 South Sea Avenue Unit 10, West Yarmouth, Massachusetts, which property is located in a R-25 zoning district. The petitioners seek to increase the size of a deck on a non -conforming, single- family structure, so as to enhance their water view. The petitioners presented a letter from the Conservation Commission in general support of project, and from three abutting neighbors, all supporting the petition. The proposed new deck will be 18 feet long, and as close to the conservation line as permitted, based upon the drawings submitted to the Conservation Commission. This new deck will replace a 6' x 3' deck which, the Board agreed, was lacking in utilitarian purpose. Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Martin, to grant the request for the Special Permit. A roll call vote was taken, and the members voted unanimously in favor of the motion as follows: Steven DeYoung: Aye; Sean Igoe: Aye; Dick Martin: Aye; Jay Fraprie: Ay5;.John-Manton: Aye; Barbara Murphy (Alternate): Aye. i,:E' *YA 1 ' Ap rAJL4X. COP.YASt: 61AP 2023 At the request of the petitioner, the Board voted on a motion made by Mr. Fraprie, seconded by Mr. Martin, to allow the withdrawal of the Variance, without prejudice. A roll call vote was taken, and the members voted unanimously in favor of the motion as follows: Steven DeYoung: Aye; Sean Igoe: Aye; Dick Martin: Aye; Jay Fraprie: Aye; John Manton: Aye; Barbara Murphy (Alternate): Aye. 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 ยง9) 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 #5038 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 A TRUE 0jKY ATTEST w; MW PfA WN CLERK C2 -52023