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HomeMy WebLinkAbout5174 40 Lorena Rd Decision RecordedlARl,t0uIH T0t{N CLERK RE .Ilrhl lE ?5 At49:1U "E - i E1Bf, ?Z' Zo Z'-Z?'*o"' FILED WITH TOWhI CLERK: PETITION NO: HEARINGDATE: PETITIONER: PROPERTYOWNER: PROPERTY LOCATION: TOWN OFYARMOUTH BOARD OF APPEALS DECISION Junc 16, 2025 5174 M.ry 22,2025 Mary Jane Yeomans Marilyn A. Brown and Frank Southworth 40 Lorena Road, West Yarmouth, MA Map 17, Parcel 47 Zoning District: R-25 Title: Book 28440, Page 194 MEMBERS PR-ESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie, John Mantoni, and Barbara Murphy Notice of the hearing was given by sending notice thereofto the Petitioner and all those owners ofproperty as required by law, and to the public by posting notice of the hearing and publishing inThe Cape Cod Times. The hearing opened and was held on the date stated above. The petitioner is Mary Jane Yeomans, who seeks reliefin connection with property at 40 Lorena Road, West Yarmouth, MA. The property contains 6,534 square feet of area and is located in an R-25 zoning district. The petitioner seeks a Special Permit and/or Variance to the increase the height ofa nonconforming structure to crnstruct a second-floor addition and roofdeck. A previous hearing was held on April 24, 2025, in which Mary Jane Yeomans and Stanley Crawford, contractors, appeared to present the potition. Subsequently, the Building Department conducted a Site Visit on May 6, 2025, in order to provide additional information about the property to the Board. As a result of the Site Visit, the Building Commissioner provided a memo that bathrooms, dormers, a finished basement, a shed, and a deck were constructed without the benefit ofa permit. All unpermitted work will require proper applications, both electrical and building, as well as demolition sufticient to prove work has been completed to all relevant codes. At a minimum, the shed will require a shed permit and potentially additional relief from the Bomd due to the shed's location. However, the shed and a proposed 12' x l9' garage wcre not a part of this petition for relief r A TRUE copy AT-'E€ r (Ewh,rah $JUL - 7 2025 I Bk 37084 Pg2O3 *28627 Appearing at the continued hearing on May 22, 2025 were Mary Jane Yeomans and Stanley Crawford, contractors; and Marilyn Brown and Frank Southworth, property owners. Ms. Brown stated that the property has been rented as an Airbnb, but it is not an investment propertyl it is a summer home. The original property card lists the home as a one-story ranch with three (3) bedrooms, one (1) bathroom, and an unfinished basement. Ms. Brown and Mr. Southworth purchased the property in 20 I 4 and undertook several home improvement proj ects. The property owner' s need to comply with permitting was known before the completed work for which relief is now sought, and the actions were taken with a disregard for such procedures, As to the merits of the petition, the Board had ro consider that the property is a small lot which cannot accommodate new structures easily and sought to mitigate the petitioner's request with the space available on the lot. After much discussion, the Board agreed that a Special Permit could be granted with certain conditions. Accordingly, a motion was made by Mr. Fraprie and seconded by Mr. Mantoni to grant the Special Pennit with the following conditions: l) A11 work shall be permitted as required and shall be rn compliance with all Building Codes and Board of Health Regplations; 2) The bathroom and kitchen cabinets shall be removed from the basement; 3) The basement shall be finished storage only and shatl not be habitable space; and 4) The first and second floors may be finished per the plans presented to the Board. The members voted as follows: Mr. Martin-AYE; Mr. Fraprie-AYE; Mr. Mantoni-AYE; Ms. Murphy-AYE; Chairman Igoe-AYE. The motion was voted 5-0 in favor. Therefore, the Special Pfinit with the stated conditions was approved. A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to allow the petitioner to withdraw the request for Variance without prejudice. The members voted as follows: Mr. Martin: AYE; Mr. Fraprie: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the Variance request was with&awn without prejudice. No perrnit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made purnrant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unlcss otherwise provided herein, the Special Permit shall lapse ifa substantial use thereof has not begun within 24 months. (See bylaw $103.2.5, MGL c40A S9) ATRUE COPY AfiEST fu4lrrutt, I Sean Igoe. Chairman JUL - 7 2025 CLE s-k Bk 37084 Pg2O4 *2862L C};R'f II'ICAI'ION OF TOWN CLERK I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certi! that 20 days have elapsed since the filing with me ofthe above Board ofAppeals Decision #5174 rhz;t 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. WWmr&lx,a/" Mary A. Maslowski, CMMC, CMC JUL - 7 2025 ATRUECOPYATTEST Wr4/t>,i41, JUL - 7 2025 Bk 37084 Pg2O5 *2862L COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5174 Date: July 7, 2025 Certificate of Grantine of a Snecial Permit (General Laws Chapter 40A, Section I l) The Board ofAppeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: PETITIONER: Mary Jane Yeomans PROPERTY OWNERI Marilyn A. Brown and Frank Southworth tStr Sean Igoe, Chairman iint":; t -t.r:-" uLLtNTv l,ta',1'l3XSI R+FPS, (1n\v----q-- JOHN F. MEAD ATRUECOPYATTEST n dtr&,, L- BARI{STIBI.E REGBINY OF DEEDS lohn F. Meade, Register CLE JUL - 7 2025 Affccting the rights of the owner with respect to land or buildings at: 40 Lorena Road, West Yarmouth, MA; Ndap l7,P*cel47; zoning District: R-25; Title: Book 2E440, Page 194 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 ofsaid decision, and ofall 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 elfect 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 fi1ed or that, ifsuch appeal has been filed, that it has been dismissed or denied, is recorded in the Registry ofDeeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner ofrecord or is recorded and noted on the owner's certificate oftitle. The fee for such recording or registering shall be paid by the owner or applicant.