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Home My WebLink About5183 50 Powers Ln Decision RecordedDo c a 1 v 528 r 781 08--22-2025 1 O o 47 'ARNOUTH TOWN CLERK RE BARNSTABLE LAND COURT REGISTRY JUL 28'20.L-A2:24 TOWN OF YARMOUTH BOARD OF APPEALS DECISION Sb 111 AT�� FILED WITH TOWN CLERK: July 28, 2025 PETITION NO: 5183 HEARING DATE: July 10, 2025 PETITIONER: Matthew Snoap dba 88 West Architecture PROPERTY OWNER: Franklin Tseng and. Melanie L. Tseng, Trustees of the VALK Real Estate Trust PROPERTY: 50 Powers Lane, West Yarmouth, MA Map 15, Parcel 14 Zoning District: R-25 Document #1456618, Certificate #229642 Lot 17A, Plan 16770-C 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 Matthew Snoap dba 88 West Architecture, who appeared in connection with the property located at 50 Powers Lane, West Yarmouth, Massachusetts, which property is located in an R-25 zoning district. The lot contains —8,712 square feet of area. The petitioner seeks a Special Permit and/or Variance to increase the ridge height of a preexisting nonconforming structure. The property is located within a flood zone and within a wetland buffer. Prior to the hearing, the Board received a memo, dated June 30, 2025, stating that the Conservation Commission heard a Notice of Intent and issued an Order of Conditions SE83-2472 with the approved plan set, last revised on April 9, 2025. No new exhibits were received at the hearing. No one spoke in favor of or in opposition to the petition. The petitioner is proposing a renovation and a total addition of 491 square feet to the home. Because the cost of the renovation equals or exceeds 50% of the market value of the structure, per the Massachusetts State Building Code, the building must comply with FEMA regulations for a A TRUE COPY ATTEST TW4�e - fiW&V44 M Al CMVO / CMC / TOWN CLERK Ais- i R 96% flood zone, which requires raising the structure, and therefore, the ridgeline. To maximize the building height and to gain an ocean view, the addition on the third floor includes what the petitioner described as a "cupola" — essentially a large, open room with access via interior stairs. The Board had concerns about the building height. Per the bylaw, the building height is measured from the average natural grade at the street side of the foundation. On the Existing Plot Plan, dated January 29, 2024, the surveyor's benchmarks are set at elevations of 5.94 feet and 6.18 feet, respectively. On the Elevation Plans, dated June 16, 2025, the proposed ridge height is 42.5 feet. If, at best, the average natural grade from the street is 6.18 feet, then the proposed building height is 36.32 feet, which is 1.32 feet higher than the allowed maximum building height of 35 feet. The proposed height would have required a Variance. At least two of the five Board Members did not think that the petition qualified for a Variance because there is no hardship and the lot is flat. Chairman Igoe then polled the Board about granting a Special Permit if the building height was reduced. The Board was willing to grant the Special Permit with this condition and the petitioner was willing to lower the building height to meet the criteria of the bylaw for a Special Permit. Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Martin, to grant the Special Permit with the following condition: 1) The building height shall be reduced by one (1) foot, four (4) inches to ensure the structure does not exceed the allowed maximum building height of 35 feet. 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 Permit with the stated condition was approved. The petitioner shall submit a revised plan to the Board, showing the building height reduced by one (1) foot, four (4) inches to ensure the structure does not exceed the allowed maximum building height of 35 feet. A motion was made by Mr. Martin, seconded by Mr. Mantoni, to allow the petitioner to withdraw the request for a 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. The request to withdraw the Variance, without prejudice, 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, 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 A TRUE COPY ATTEST: wudl!�64b kI Ci M011 CMC / TOWN CLERK AUG 18 2025 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 #5183 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. Mary A. Maslowski, CMMC, CMC AUG 18 2025 A TRUE COPY ATTEST, 'Q�a- &,V,,� A,11 C CMMO / CMUGT Ir2ffiBK Petition #: 5183 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: August 18, 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: PETITIONER: Matthew Snoap dba 88 West Architecture PROPERTY OWNER: Franklin Tseng and Melanie L. Tseng, Trustees of the VALK Real Estate Trust Affecting the rights of the owner with respect to land or buildings at: 50 Powers Lane, West Yarmouth, MA; Map 15, Parcel 14; Zoning District: R-25; Document #1456618, Certificate #229642; Lot 17A, Plan 16770-C 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 BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register A TRUE COPY ATTEST: ,; c CY1 V,0 F MC 1 TOWN CLERK AUG 18 2025