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HomeMy WebLinkAbout5165 81 Blue Rock Rd Decision RecordedARMOUTH TOWN CLERK RE APR 3'25 Pm 1.2:00 05-13-2025 c`li 10 = 26cx FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION April 3, 2025 5165 March 27, 2025 Benedict G. Seymour and Christina M. Seymour PROPERTY: 81 Blue Rock Road, South Yarmouth, MA Map 110, Parcel 50 Zoning District: R40, APD and Zone II Title: Book 30102, Page 102 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie, John Manton, 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 seeking a Special Permit pursuant to Section 202.5, Footnote 5, of the Yarmouth Zoning Bylaw to construct a detached barn for storage of more than three (3) vehicles. The Property is located in the R-40 Zoning District, contains approximately 37,462 square feet of area, and is improved with a 2-story, 3-bedroom home, and an attached 2-car garage with one bay door. The proposal is to construct a new barn measuring 32 feet wide, 44 feet long, and 29.6 feet high, which will primarily house Mr. Seymour's 4 cars, 3 sailboats, and 1 rowboat. The new barn will meet all the current setback requirements for the zoning district, and will provide interior storage and a workspace. Mr. Seymour is considering a second floor in the barn for additional storage only. There are no proposed water or sewage lines to the barn. Mr. Seymour is not adding another driveway or entrance to the property. No abutters appeared either in support or in opposition to the project. The Board was in unanimous agreement that the proposed barn would not be substantially more detrimental to the neighborhood, zoning district, or Town, and that the applicant has demonstra#ed .that no undue nuisance, hazard or congestion will be created and that there will be no su�bk'mrt'iailiardi 0 the �►�u� comer � established or future character of the neighborhood or town. ST: CM 1 TOWt4.CLERK APR .4`4 20b Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Martin, and voted 5-0 in favor, to grant the Special Permit with the following conditions: 1) The proposed barn shall house no more than four (4) cars; and 2) The proposed space above the first floor of the barn shall be used for storage only and not used as habitable space. At the hearing, the petitioner was advised that the Special Permit shall lapse if a substantial use thereof has not begun within 24 months, and he would need to return to the Board for any extension of the Special Permit. 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 #5165 that no notice of appeal of said decision has bccn filcd with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. Mary A. Maslowski, CMMC, CMC APR 2 4 2025 AIWE COPY �,ST t C j ow JERK y-f ♦ ' COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH kil0e. BOARD OF APPEALS Petition #: 5165 Date: April 24, 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: Benedict G. Seymour and Christina M. Seymour Affecting the rights of the owner with respect to land or buildings at: 81 Blue Rock Road, South Yarmouth, MA; Map 110, Parcel 50; Zoning District: R40, APD and Zone II; Title: Book 30102, Page 102 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. Scan Igoe, Chairman BARHSTABLE REGiSM OF OM John F. ode, KNOW RI AC CQPI�',' lEST: