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Home My WebLink About5231 9 River Dr Decision RecordedAOUTH TOWN CLEW CAE Doc : I * S4S: S72 06-10-2026 9 : I2 RRY 1H'26PK12:27 BARNSTABLE LAND COURT REGISTRY .¢ YA 0��, TOWN OF YARMOUTH BOARD OF APPEALS �4 `�Cr.�RAO RAiE� FILED WITH TOWN CLERK: May 18, 2026 PETITION NO: 5231 HEARING DATE: May 14, 2026 PETITIONER: James J. Hoefner PROPERTY OWNER: James J. Hoefner and Christine L. Newhall; David T. Wilson and Suzanne E. Wilson PROPERTY: 9 River Drive, South Yarmouth, MA Map 70, Parcel 77 Zoning District: R-40 Document #1511649 Certificate #237377 Lot 16, Land Court Plan 22604-A (Sheet 1) MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni, Barbara Murphy, and Anthony Panebianco 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 James Hoefner who seeks relief concerning property located at 9 River Drive, South Yarmouth, Massachusetts, within the R-40 zoning district. The lot contains —9,583 square feet of area. The property is located at the corner of River Drive, a private way, and Turner Lane. The proposal is to add a —10' x 30' deck facing Turner Lane to gain a view of the Bass River. The petitioner provided photos of the proposed deck area. Because the corner lot has two street frontages, the petitioner requires front setback relief. The front setback from the proposed deck to Turner Lane measures —22.7 feet, at its closest point, where a minimum of 30 feet is required in this zoning district. No parties spoke in support or in opposition to the petition. A TRUE COPY ATTEST. -f 1�! ICMC1. Q�AI CLERK .�i�N - � 7�6 The Board agreed that the grant of a Special Permit would not create any undue nuisance, hazard or congestion nor any substantial harm to the established or future character of the neighborhood or town. A motion was made by Mr. Panebianco, and seconded by Mr. Mantoni, to grant the Special Permit. The members voted as follows: Mr. Martin -AYE; Mr. Mantoni-AYE; Ms. Murphy -AYE; Mr. Panebianco-AYE; Chairman Igoe -AYE. The motion was voted 5-0 in favor. Therefore, the Special Permit was granted. 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) l�1 Sean Igoe, Chairman CERTIFICATION OF TOWN CLERK 1, 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 #5231 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. V i� owski, MMC, CMMC JUN -- 8 2026 A TRUE COPY ATTESV. w 1. CM Y;CMC 1 Tr7WNeLERK JUNg �'1� ogkY��4 COMMONWEALTH OF MASSACHUSETTS .'`�r0 TOWN OF YARMOUTH 0 x y BOARD OF APPEALS :ACX�IT. �q '�"RpnRns�o %b Petition #: 5231 Date: June 8, 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: James J. Hoefner PROPERTY OWNER: James J. Hoefner and Christine L. Newhall; David T. Wilson and Suzanne E. Wilson Affecting the rights of the owner with respect to land or buildings at: 9 River Drive, South Yarmouth, MA; Map 70, Parcel 77; Zoning District: R-40; Document #1511649; Certificate #237377; Lot 16, Land Court Plan 22604-A (Sheet 1) 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 na;fie of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording, ornegistering shall be paid by the owner or applicant. .-"� +(• Fri � � BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register CUUE T CMh7C 1 ; �C / T 14V�[ f LE`RK