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Home My WebLink About5024 184 South Sea Ave Unit 1 Decision RecordedDoc:1,527,766 08-04-2025 12:36 ,. 0 ~` ` r; 8 TOWN OF YARMOUTH �.'• BOARD OF APPEALS ,❑ ry� �;f DECISION FILED WITH TOWN CLERK: July 14, 2025 PETITION NO: 5024 HEARING DATE: June 26, 2025 PETITIONER AND PROPERTY OWNER: Wakeby Development, Inc. PROPERTY: 184 South Sea Avenue, Unit 1, West Yarmouth, MA Map 17, Parcel 136.C1 Zoning District: R-25 Document: 1421619 Certificate of Title: C94-1 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Jay Fraprle, 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 original Petition in this matter was filed on March 27, 2023, resulting in a denial, and following litigation in the Land Court, the matter was remanded back to the Zoning Board of Appeals (the "Board") by stipulation for further consideration pursuant to an Order of Remand issued by the Land Court, Barnstable Case No. 23 MISC 000313 (LER), dated May 21, 2025. Petitioner, Wakeby Development, Inc. (the "Petitioner") is requesting a Special Permit under § 104.3.2(2) and § 104.3.2(4)' of the Zoning Bylaw to raze and replace an existing non- conforming single-family residence with a new structure on property located in the R-25 Zoning District, at 184 South Sea Avenue, Unit 1, Map 17 Parcel 136-C1, West Yarmouth, MA. The Yarmouth Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A, § 9 and the Town of Yarmouth Zoning Bylaw § 174- 17.1, interpreted in accordance with the findings of the Land Court as set forth in the above - referenced Order. The Petitioner also sought a variance, which application was not necessary under the Zoning Bylaw, and accordingly, was withdrawn without prejudice at the request of the Petitioner and pursuant to a 4-0 vote of the Zoning Board of Appeals within the confines of the remand proceedings. AJRUE 00PY ATTEST / CM I TOWN CLERK AUG - 4 2025 Doc:1,527,766 08-04-2025 12:36 Page 2 of 5 A Public Hearing was held on the Petition at the Yarmouth Town Hall on Thursday, June 26, 2025 at which time the following members of the Zoning Board of Appeals (the "Board") were present; Chairman, Sean Igoe and Board Members, Jay Fraprie, John Mantoni, and Barbara Murphy. Chairman Igoe opened the meeting and heard testimony from the applicant's Attorney Christopher Kirrane, who spoke on behalf of the Petitioner in favor of the granting of a Special Permit to allow for the raze and replace of the house on 184 South Sea Avenue, Unit 1. The Board was represented by Stephen J. Chaplin, Esq. of Mead, Talerman & Costa, LLC, who was also present at the hearing. Attorney Kirrane stated that the original petition had been denied by the Board and the applicant appealed to the Land Court. Pursuant to discussions between the applicant and the Board, through Town Counsel, the applicant made a significant change to the plans by eliminating the full basement and converting it to a crawl space except for a small area reserved for mechanical systems. The parties agreed to remand the matter to the Board for further review. Attorney Kirrane stated for the record his reasons why the Board should approve this raze and replace project. He stated that the proposed new dwelling will be a building code compliant structure that will not intensify any of the existing non -conformities, as it will stay within the footprint of the existing structure, and moreover, has been approved by the Condominium Association, will not increase the number of bedrooms, and will be consistent with the characteristics of other houses in the neighborhood. The proposed new structure would replace the existing structure (which is in disrepair) and will preserve the existing structure's unique windmill feature. The structure is one of approximately 32 standalone condominium units on an 11.36 acre parcel. Mr. Igoe stated that he believed the project met the criteria of the Zoning Bylaw and would not be substantially more detrimental to the neighborhood. Mr. Igoe polled the members for further questions. All members agreed that the project was a significant improvement over existing conditions and would not be more detrimental to the neighborhood. One member of the public spoke out against the project via Zoom, raising the concern that increasing square footage signals an intensification of the use. The Board considered the comment, finding that by retaining the same number of bedrooms, building on the existing footprint, and constructing a crawlspace in lieu of a full basement, the concern was sufficiently addressed. There were no more questions from the Board or audience. SPECIAL PERMIT CRITERIA § 104.3.2 — Change, Extension or Alteration (2) Except as provided in paragraph 1 above, such single-family and two-family structures, and their accessory structures may be altered, extended or razed and replaced only upon Special Permit from the Board of Appeals, if it is determined that such alteration, extension or raze and replacement will not be substantially more detrimental to the neighborhood than is the existing non -conforming structure. ATWE COPYGATTEST: jy 0-I. C 1 CMC 1.7CW1�1 CLERK AUG - 4 2425 Doc:1,527,766 08-04-2025 12:36 Page 3 of 5 (4) Except as provided herein, other lawfully pre-existing nun -conforming uses may be changed or extended only upon Special Permit from the Board of Appeals, if it is determined that such change or extension will not be substantially more non -conforming and will not be substantially more detrimental to the neighborhood, zoning district or Town than is the existing non- conforming use. SPECIAL PERMIT FINDINGS Upon review and consideration of the testimony and evidence in the record, the Board hereby finds and determines that the front yard setback is a lawful pre-existing non -conformity and that the presence of multiple dwellings on one lot is a pre-existing non -conforming use. The existing structure is 25.8' from South Sea Avenue where 30' is required. There are 32 standalone condominium units on the one 11.36 acre parcel, the construction of which pre -dates regulation of the same via the Town's Zoning Bylaw. The Board further finds and determines that the raze and rebuild proposal will not be substantially more detrimental to the neighborhood than the existing non -conforming structure and nonconforming use. The proposal will constitute an improvement to the lot and the new structure is similar in size and character to other structures in the neighborhood and will consist of the same number of bedrooms as the existing structure. The construction of the proposed new structure, based upon the plans submitted to the Board, will be consistent with applicable State and Town statutes, regulations, bylaws and codes regarding construction, and except as stated otherwise herein, complies with the dimensional requirements applicable to the lot under current provisions of the Zoning Bylaw. The existing septic appears sufficient for the proposed use (although such matters are within the jurisdiction of the Board of Health and nothing herein shall excuse compliance or failure to apply for required relief within the Board of Health's jurisdiction). The existing front yard non -conformity will not be intensified, and no new non - conformities are being created. The proposal was also approved by the Condominium Association for the subject property. Finally, there is sufficient land area for parking, the project is not substantially more detrimental than what currently exists, and there are no new non - conformities being created. In view of the foregoing, the Board determined, by vote of four (4) to zero (0), that the Petitioner meets the criteria for a Special Permit. Upon a motion duly made and seconded at the Public Hearing on Thursday, June 26, 2025, the Zoning Board of Appeals voted unanimously to issue a Special Permit to Wakeby Development, Inc. under § 104.3.2(2) and § 104.3.2(4) of the Zoning Bylaw to raze and replace an existing non -conforming single family residence with a new structure on property located in an R-25 Zoning District, at 184 South Sea Avenue, Unit 1, Map 17 Parcel 136-C1, West Yarmouth, MA, subject to construction consistent with the plans referenced and the conditions stated immediately below: 1. Site Plan —Plot Plan Showing Proposed Conditions, # 184 South Sea Avenue, Yarmouth, Massachusetts Scale: 1" = 30', Date: Jan. 12, 2023, Drawn by: PDR, Job No.: 72-047, Canal Land Surveying and Permitting, Inc., 306 Old Plymouth Road, Sagamore Beach 02562. A TRUE ODPY ATTEST: CIift1 0 I CMC I TOWN CLERK AUG - 4 2625 Doc:1,527,766 08-04-2025 12:36 Page 4 of 5 2. Building Plans - 134 South Sea Ave, Yarmouth, MA 02673 Drawn by Sangiolo Associates, Architects, 9 Skecheconet Way, W. Harwich MA 617-272-5402 Sheets AO - A7 Dated 3-6-2023; Revised 4-3-2024; Revised 4-30-2025; Revised 5-3-25. 3. Approval shall be conditioned on all Town Department Comments read into the record including but not limited to the Conservation Commission, the Board of Health, and the Building Commissioner. 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) S-S� r r. 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 tiling with me of the above Board of Appeals Decision #5024 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. Fkol' .'�'I Mary A. Maslowski, CMMC, CMC AUG - 4 2025 j'AT: TRUE COPY ATTEST ! I��y� / f MWN CLERK AUG - 4 2025 Doc:1,527,766 08-04-2025 12:36 Page 5 of 5 A COMMONWEALTH OF MASSACHUSETTS 7a►� TOWN OF YARMOUTH i� CI BOARD OF APPEALS me Petition #: 5024 Date: August 4, 2025 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section l 1) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Wakeby Development, Inc. Affecting the rights of the owner with respect to land or buildings at: 184 South Sea Avenue, Unit 1, West Yarmouth, MA; Map 17, Parcel 136.C1; Zoning District: R-25; Document: 1421619; Certificate of Title: C94-1 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. Sean Igoe, Chairman JOHN F. MEADE, ASSISTANT RECORDER BARNSTABLE REGISTRY LAND COURT DISTRICT RECEIVED 6 RECORDED ELECTRONICALLY A TRUE COPY ATTEST C10100>uCl11C 1 TOWN CLERK - Aw - 4 2025