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Home My WebLink AboutBOA petition # 5180 Bk 37101 P 9 185 030099 5'ft,'t+IDUTli TOWN CLERK RE 07-29-2025 & 11 : 37m JUL 3'25 AM10:50 /0 'YAK "- `� TOWN OF YARMOUTH RECEIVED a z 5i BOARD OF APPEALS 0: , ` / DECISION f JUL 29 2025 ��RPORATE ��ccaa-- BUILDING DEPARTMENT By FILED WITH TOWN CLERK: July 8,2025 PETITION NO: 5180 HEARING DATE: June 26,2025 PETITIONER& PROPERTY OWNER: Dennis L.Mason.and Deborah A.Mason, Trustees of the D & D Realty Trust PROPERTY: 10 Embassy Lane,Yarmouth Port,MA Map 151,Parcel 48 Zoning District: R-40 Title: Book 35149, Page 348 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe,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 Dennis and Deborah Mason, Trustees of the D &D Realty Trust,who appeared in connection with the property located at 10 Embassy Lane,Yarmouth Port,Massachusetts, which property is located in a R-40 zoning district. The lot contains—15,246 square feet of area. The petitioner seeks a Variance from §203.5 for front setback relief to construct a 16' x 24' sunroom and extend an existing 12' deck another 10 feet toward Bray Farm Road North. In this zoning district, a front setback of 30 feet is required.The property is located on a corner lot with two fronts. The proposed setbacks for the second front are 19.5 feet for the sunroom and 22.8 feet for the deck extension,respectively. At the hearing, one abutter spoke in support of the petition. The Old King's Highway Historic District Committee approved the petitioner's application for a Certificate of Appropriateness on May 28,2025. A TRUE COPY ATTEST: • hl CllMJ f OMOI4'OWN CLERK It L l 9 2025 Bk 37101 Pg186 #30099 The petitioner testified that the lot across the street (2 Bray Farm Road North) includes two lots that were never subdivided. One lot contains the house. The other lot cannot become a separate single-family lot, and is currently a wooded area. The petitioner's proposed sunroom and deck extension will face this wooded area. The Board agreed that a literal enforcement of the bylaw would involve a substantial hardship, owing to the shape or topography of the lot, and that desirable relief may be granted without substantial detriment to the public good; or nullifying or substantially derogating from the intent or purpose of the bylaw. Accordingly, a motion was made by Mr. Mantoni seconded by Ms. Murphy, to grant the Variance, as requested. The members voted as follows: Mr. Fraprie: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Chairman Igoe: AYE. The motion was voted 4-0 in favor. Therefore, the Variance was approved. 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, a Variance shall lapse if the rights authorized herein are not exercised within 12 months. (See MGL c40A §10) 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 #5180 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. NA,41.044 Mary A. Maslowski, CMMC, CMC JUL 2 9 2025 P TRUE_COPY -EST C14 :J C r TOWN-CLERK rJU L. ,2 972025 Bk 37101 Pg187 #30099 YA_ COMMONWEALTH OF MASSACHUSETTS �,e =' ,�6:--\ TOWN OF YARMOUTH BOARD OF APPEALS -`rycO pORATEO`,r�/ Petition#: 5180 Date: July 29,2025 Certificate of Granting of a Variance (General Laws Chapter 40A, Section 10) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: Dennis L. Mason and Deborah A. Mason,Trustees of the D & D Realty Trust Affecting the rights of the owner with respect to land or buildings at: 10 Embassy Lane,Yarmouth Port,MA; Map 151,Parcel 48; Zoning District: R-40; Title: Book 35149,Page 348 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance, 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 Variance, 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. c—Si.--- Sean Igoe, Chairman BARNSTABLE COUNTY REGISTRY OF DEEDS ATR-UE COPY,ATTEST JOHN F.MEADE,REGISTER -.TRUE COPY A EST:: tWtaiNitd-4-- BARNSTABLE REGISTRY OF DEEDS Cl O T 1,CMC/ OWN CLERK John F. Meade, Register rJUI 2 9 2025