HomeMy WebLinkAbout5221 31 James St Decision Recordedi ;pap� +ii
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER &
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
March 31, 2026
5221
March 26, 2026
Michael G. Brides and Danielle Brides
PROPERTY: 31 James Street, South Yarmouth, NIA
Map 68, Parcel 117
Zoning District: R-40, APD, Zone 11
Title: Book 33215, Page 184
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, John Mantoni, Barbara
Murphy, and Tim Scanlan
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 as stated above.
The petitioner is Michael and Danielle Brides who seeks relief concerning property located at
31 James Street, South Yarmouth, Massachusetts, which property is in a R-40 zoning district.
Danielle Brides appeared at the hearing and was well -represented by Nader Umar, Project
Manager, SoulvePlus. The petitioner seeks a Special Permit to increase the height of a
preexisting, nonconforming structure.
The property is located on the corner of James Street and Almira Road. The proposal is to
construct a second -floor addition on the same foundation and within the same footprint as the
current structure. When completed, the ridge height will increase from —14 feet, 5 '/z inches to
—24 feet, 3 inches.
The petitioner submitted a Plot Plan of Land, dated February 24, 2025, and Architectural Plans,
dated March 4, 2026. The renovation will convert the existing primary bedroom on the first floor
to office space and add a primary suite on the second floor.
No one spoke in favor or in opposition to the petition
rlCNo exhibits were r
AEI RUE COPY ATTEST.
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The Board concurred that the requested relief was appropriate as a Special Permit, and could be
granted without any undue hazard, nuisance or congestion resulting. The Board agreed that the
addition would not be a substantial detriment to the existing or future neighborhood or town.
The Board was concerned about the location of the existing shed and the petitioner suggested
that the shed might be moved or removed as part of the renovation.
A motion was made by Mr. Scanlan, and seconded by Mr. Manton, to grant the Special Permit,
subject to the following condition:
1) If the shed is retained, then the shed shall be moved to the rear of the property and shall
meet the requirements of the zoning bylaw as determined by the Building Department.
The members voted as follows: Mr. Mantoni-AYE; Ms. Murphy -AYE; Mr. Scanlan -AYE;
Chairman Igoe -AYE. The motion was voted 4-0 in favor. Therefore, the Special Permit with the
stated condition 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 #5221 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, MMC, CMMC
XTRUE COPY ATTEST:
CWf* 7 CMC / TOWN CLERK
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Petition #: 5221
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: April 21, 2026
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 & PROPERTY OWNER:
Michael G. Brides and Danielle Brides
Affecting the rights of the owner with respect to land or buildings at: 31 James Street, South Yarmouth, MA;
Map 68, Parcel 117; Zoning District: R-40, APD, Zone II; Title: Book 33215, Page 184 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:
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