HomeMy WebLinkAbout5149 75 Massachusetts Ave Decision RecordedYARMO .gTH TOWN CLERK E [roc z l F 516: 999 01- 27--2025 u : 51
JAN 21,215P.H.12:14 BARNSTABLE LAND COURT REGISTRY
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TOWN OF YARMOUTH
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DECISION
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FILED WITH TOWN CLERK: January 2, 2025
PETITION NO: 5149
HEARING DATE: December 12, 2024
PETITIONER: Capewide Construction Inc.
PROPERTY OWNER: P. Scott McKeon and Lisa M. Fitzgerald -McKeon
PROPERTY LOCATION: 75 Massachusetts Avenue, West Yarmouth, MA
Map 22, Parcel 435
Zoning District: R-25
Document #683242
Certificate #142993
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie,
John Mantoni, and Barbara Murphy.
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 is Capewide Construction Inc. with respect to property located at 75
Massachusetts Avenue, West Yarmouth, Massachusetts, which property is located in an R-25
zoning district.
The petitioner seeks relief in the form of a Special Permit per § 104.3.2(2) and/or a Variance from
§203.5 to increase the height of preexisting nonconforming single family dwelling in the
required setbacks.
Roger Brooks, Capewide Construction Inc., and Scott McKeon, property owner, were present at
the hearing. Mr. Brooks testified that in order to comply with FEMA standards, the house must
be lifted out of the flood zone. The addition of a front porch is necessary to accommodate
additional stairs to access the home. Depending on the grade, there may be one,more. or one less
step in the proposed stairs.
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The Conservation Commission has approved the project and issued an Order of Conditions. Per
the Health Department's comments on the building permit application, the property owner has
removed the shed that was on top of the septic system.
As indicated on the Site PIan, dated September 3, 2024, the front setback average from the two
adjacent properties is 20.45' which allows the 23.1' front setback for the proposed porch (instead
of the required 30' front setback).
While the ridge height increases to 21 feet and 6 1/ inches, the main house remains a 2-bedroom
dwelling within the same footprint.
The Board agreed that the petitioner's request was reasonable in order to meet FEMA standards.
However, with the increased height of the foundation, the Board would require a condition of
covering the exposed concrete foundation for aesthetic purposes.
A motion was made by Mr. Fraprie and seconded by Mr. Martin to approve the Special Permit
with the condition that all exposed concrete foundation on all four sides shall be covered with
siding or veneer for aesthetic purposes. The members voted unanimously (5-0) in favor of the
motion.
A motion was made by Mr. Mantoni and seconded by Mr. Fraprie to allow the petitioner to
withdraw the request for a Variance without prejudice. The members voted unanimously (5-0) 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)
Sean Igoe, 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 #5149 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.
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Mary A. Maslowski, CMMC, CM�C
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Petition #: 5149
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: January 23, 2025
Certificate of Granting of 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:
P. Scott McKeon and Lisa M. Fitzgerald -McKeon
Affecting the rights of the owner with respect to land or buildings at: 75 Massachusetts Avenue, West
Yarmouth, MA; Map 22, Parcel 435; Zoning District: R-25; Document #683242; Certificate #142993 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 Pen -nit, 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.
Sean Igoe, Chairman
IBARNISTADLE REGISTRY OF DEEDS
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A TRUE COPY ATTEST:
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JAN 2 3 2025