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HomeMy WebLinkAbout5194 18 Chestnut St Decision RecordedBk 37421 Pg131 #2173 01-20-2026 @ 08:10a YI;RMGllYRE DEC 22 25 K2 50 TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: December 22, 2025 PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: PROPERTY LOCATION: 5194 October 9, 2025 Edward Shea, Shea Custom Carpentry Thomas L. Hyde and Kathleen Hyde 18 Chestnut Street, South Yarmouth, MA Map 42, Parcel 227 Zoning District: R-25 Title: Book 34685, Page 33 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantou4 Barbara Murphy, and Tim Scanlan Notice of the hearing was 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 was held on the date stated above. The petitioner is Edward Shea, Shea Custom Carpentry, who seeks relief in connection with property at 18 Chestnut Street, South Yarmouth, MA. The property contains 10,019 square feet of area and is located in an R 25 zoning district. The petitioner seeks side setback relief for a stoop with steps as part of renovations to the house. At the hearing, the petitioner was represented by Kieran Healy, Land Surveyor, BSC Group. The side setback relief is requested for a five-foot by four -foot stoop and two steps to the stoop. A proposed renovated kitchen will be accessed through this new side entrance to the house. Per the Certified Plot Plan, dated August 22, 2025, the proposed side setback is 11.7 feet where 15 feet is required in this zoning district. However, the property is legally preexisting nonconforming with a 14.9-foot setback on the southwesterly side. No one spoke in favor of or in opposition to the petition and no new exhibits were received. A TRUE COPY ATTEST. Tz Nwxtaf CMAA I CMC I TOWN CLERK JAN 12 2026 Bk 37421 Pg132 #2173 The Board agreed that the petitioner qualified for a Special Permit because of the preexisting nonconformity and that granting the requested relief would not create any undue nuisance, hazard or congestion nor any substantial harm to the established or future character of the neighborhood or town. Accordingly, a motion was made by Mr. Martin and seconded by Mr. Mantoni to grant the Special Permit as requested. The members voted as follows: Mr. Martin: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Mr. Scanlan: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the Special Permit was approved. A motion was made by Mr. Mantoni, and seconded by Mr. Scanlan, to allow the petitioner to withdraw the Variance without prejudice. The members voted as follows: Mr. Martin: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Mr. Scanlan: 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 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 #5194 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. I Mary A. Maslowski, MMC, CMMC JAN 12 2026 A TRUE COPY ATTEST: • N4k/h� CMWG MC / TOWN CLERK JAN 12 2026 Bk 37421 Pg133 #2173 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5194 Date: January 12, 2026 Certificate of Granting of a Special Permit (General Laws Chapter40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: PETTTIONER: Edward Shea, Shea Custom Carpentry PROPERTY OWNER: Thomas L. Hyde and Kathleen Hyde Affecting the rights of the owner with respect to land or buildings at: 18 Chestnut Street, South Yarmouth, MA; Map 42, Parcel 227; Zoning District: R-25; Title: Book 34685, Page 33 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 A TRUE COPY �AIT,T,EyST CMMO 1 MC MWN CLERK JOHAW,NGLSTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED E RECORDED ELECTRONICALLY