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Home My WebLink AboutBOA #5136 /111 CNN LAW OFFICES OF 9y�Iz„ �s + O PAUL R. TARDIF, ESQ., P.C. �°FAQ ?�1� �T 490 MAIN STREET iii s YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R Tardif,Esq. Stacey A. Curley,Esq. ptardif@tardi flaw.corn www.tardiflaw.com scurley@tardiflaw.com REFER TO FILE NO. November 20, 2024 Dolores Fallon Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Zoning Appeal— 167 Baxter Avenue, West Yarmouth Joseph Riitano /Petition#5136 Dear Ms. Fallon: Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for the above referenced matter on November 15, 2024 in the Barnstable County Registry of Deeds in Book 36677, Page 232. Please note that a copy of the recorded Decision has been forwarded to the Building Department for their records. I thank you for your assistance in this matter. ry y Yours, r)V , Tardif cc: Joseph Riitano Mark Grylls, Building Department ��\I\ Bk 36677 Pg232 #45861 11-15-2024 @ 01 : 57p 0 TOWN OF YARMOUTH b _ BOARD OF APPEALS DECISION - fr t e "4�✓ i ��_�RPORA7E�ys FILED WITH TOWN CLERK: October 16,2024 PETITION NO: 5136 HEARING DATE: October LO, 2024 PETITIONER: Joseph Riitano PROPERTY: 167 Baxter Avenue,West Yarmouth,MA Map 29,Parcel 101.1 Zoning District:R-25 Title:Book 21979,Page 69 MEMBERS PRESENT AND VOTING:Acting Chairman Jay Fraprie,Dick Martin, Barbara Murphy and Anthony Panebianco 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 seeks a Special Permit pursuant to Zoning Bylaw §104.3.2(2),or in the alternative, a Variance pursuant to§203.5,to allow side yard setback relief to allow an as-built exterior staircase to be 10.3 feet from the side property line. The Property is located in the R-25 Zoning District and is comprised of 25,293 square feet and 150 feet of frontage on Baxter Avenue.The lot is improved with a two-story single family dwelling, recently built after the former structure was razed. As part of the new construction, a finished room was built over the new attached garage, and accessed from inside the home.The detached garage,which once stood on the northerly boundary of the property, was 10.8 feet from that boundary, where 15 feet are required.The new garage was built 16.4 feet from that boundary,which complies with the current setback. However,after construction, the applicant wanted to have a second means of egress and a way to move furniture.into that space more easily. Without the benefit of a building permit,he constructed an exterior set of stairs which are 10.3 feet from the northerly boundary. The Board determined that the appropriate form of relief in this matter would be through the issuance of a Special Permit.The Board was of the opinion that this staircase would not be substantially more detrimental to the neighborhood than the garage without an exterior staircase. First,the staircase will not be closer to another structure than what the bylaw allows. As shown A TRUE COPY ATTEST: hiAta-W1.4-44V-a-4 CM J I CMG I TOWN N CLar ;( NOV 8 2024 Bk 36677 Pg233 #45861 on the submitted plans, the stairs on the north side of the garage abut a panhandle portion of an abutting property. This plan shows that there is a house which is 18.5 feet from the northerly sideline of the panhandle. In total, the stairs will be approximately 50 feet from that house. The stairs will also benefit the applicant as a second means of egress from the second story.There is • no deck associated with this staircase—just access to the second floor and a small, required landing. Finally,the Board found that no undue nuisance,hazard or congestion would be created • and that there would be no substantial harm to the established or future character of the ' neighborhood or Town. The abutter to the North spoke about the visibility of this staircase from his property, and requested that some plantings be done on the applicant's property to shield his privacy. The petitioner agreed to such a condition. Accordingly, a motion was made by Mr. Martin,seconded by Ms. Murphy, to grant the Special Permit,with the condition that the applicant.plant some tall vegetation on his property to limit the visibility of the staircase from the northerly abutter's property,but not along the entire northerly boundary of the property.The members voted unanimously in favor of the motion. The applicant moved and was allowed to withdraw the request for relief in the form of a Variance, as it was the consensus of the Board that no such relief was needed.The members voted unanimously in favor of the motion. 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) Jay Fraprie, Acting 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#5136 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. Tule Widtdths= A TRUE COPY ATTEST: • Mary A. Maslowski, CMMC, CMC NOV -- 8 924 i •Wt/ NOV - 8 M Bk 36677 Pg234 ##45861 ' -iy, COMMONWEALTH OF MASSACHUSETTS � x TOWN OF YARMOUTH ` A I'O.; BOARD OF APPEALS 1Y 4 1 T �� 'M ATTACHf_CSC��I y9 Petition #: 5136 Date: November 6, 2024 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: Joseph Riutano Affecting the rights of the owner with respect to land or buildings at: 167 Baxter.Avenue,West Yarmouth, MA; Map 29,Parcel 101.1; Zoning District: R-25;Title: Book 21979,Page 69 and the said Board of Appeals further certifies that the decision attached hereto is a true and conect 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 afire 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 of 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. Jay Fraprie,Acting Chairman A TRUE COPY ATTEST: h.aik _ffu4e.,tx,a, , ,..v, .„, v,,14.;I I l Qth tL;.::i-:>(. JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECNOYD'& 8,E D ELECTRONICALLY .•