HomeMy WebLinkAbout5224 147 Run Pond Rd Decision Recorded 05.04.26dtHOUTH TOWN CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER &
PROPERTY OWNER:
D0C9 1s545s106 06-43-2026 10:52
BARNSTABLE LAND COURT REGISTRY
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
May 4, 2026
5224
April 9, 2026
William A. Bravo, Trustee of the
William A. Bravo Revocable Trust
PROPERTY: 147 Run Pond Road, South Yarmouth, MA
Map 34, Parcel 13
Zoning District: R 25
Document #1505657, Certificate #236470
Land Court Lot #94, Plan #14114-A2 (Sheet 2)
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni,
Barbara Murphy, and Tim Scanlan; non -voting Alteirnate: Rich Chwastink
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 William Bravo who seeks relief concerning property located at 147 Run Pond
Road, South Yarmouth, Massachusetts, which property is in a R-25 zoning district and contains
—6,900 square feet of area.
The petitioner appeared at the hearing and was assisted by Gordon Clark, Northside Design
Associates, Inc. The petitioner seeks a Special Permit for increase in height of a preexisting,
nonconforming structure.
The petitioner had proposed to construct a second -floor addition and a third -floor habitable attic
within the existing footprint. The ridge height would increase from 16 feet to 31 feet. Per the
Zoning Bylaw, the maximum building height allowed is 35 feet.
The petitioner submitted a Site Plan, dated February 18, 2026, and Architectural Plans, revised
February 23, 2026. The first -floor renovation will retain one of the four existing bedrooms and
the second -story addition will include three (3) bedrooms. The third -floor attic will serve as
unfinished storage and HVAC utility space. A TRUE qwy ATTEST .
/ CIVI . N CLERK
MAY 2'6' 2n?s
No one spoke in favor or in opposition to the petition. No new exhibits were received.
The architect testified that the stamped Site Plan, dated February 18, 2026, was "exploratory" to
show both the original layout and the proposed relocation of the structure to meet the setback
requirements. However, the house is not being moved, and showing these conflicting dimensions
on a single plan will continue to cause confusion.
Because an alteration or extension of the house within the existing footprint shall not be
considered substantially nonconforming, the Board concurred that the requested relief was
appropriate as a Special Permit.
A motion was made by Mr. Mantoni, and seconded by Mr. Martin, to grant the Special Permit,
subject to the following conditions:
1) The unfinished third -floor attic shall not be heated and shall not be habitable; and
2) The petitioner shall submit revised Architectural Plans and Site Plan with the third -floor attic
labeled as "NOT HABITABLE" and showing only the final proposed setbacks.
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 with the stated conditions 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 #5224 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.
A TRUE EOPY ATTEST
Mary A. Maslowski, MMC, C MAY 2 6 2026 411�-,
I TOWN CLERK
MAY 2 61026
Petition #: 5224
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: May 26, 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:
William A. Bravo, Trustee of the William A. Bravo Revocable Trust
Affecting the rights of the owner with respect to land or buildings at: 147 Run Pond Road, South Yarmouth,
MA; Map 34, Parcel 13; Zoning District: R-25; Document #1505657, Certificate #236470; Land Court
Lot #94, Plan #14114-A2 (Sheet 2) 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.
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Sean Igoe, Chairman
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
A TRUE COPY ATTEST:
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CWO CM / TOM —CLERK
MAY 9 6- 2026