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HomeMy WebLinkAbout5236 12 Denver Dr Decision RecordedEel. 37710 P w318 �26052 YARMOUTH TOWN CLERK RE 06--29--2026 a 12 = 22¢ JUN 8 76 A€9:1A TOWN OF YARMOUTH BOARD OF APPEALS ��RPORAiEO� FILED WITH TOWN CLERK: June 8, 2026 PETITION NO: 5236 HEARING DATE: May 28, 2026 PETITIONER & PROPERTY OWNER: Sidney K. Horton PROPERTY: 12 Denver Drive, West Yarmouth, MA (formerly known as 4 & 12 Denver Drive) Map 38, Parcel 11 Zoning District: R-25 Title: Book 37320, Page 247 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, John Manton, Barbara Murphy, Tim Scanlan, and Richard Scali 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 is Sidney Horton with respect to property located at 12 Denver Drive, West Yarmouth, Massachusetts, which property is located in an R-25 zoning district. The property contains —1.69 acres of area. The petitioner seeks relief to construct a 36' x 60' barn for the storage of more than 3 vehicles. The one-story barn will be used primarily to house the petitioner's two boats. The property is a corner lot on Denver Drive and Traders Lane. The proposed bam will meet all the current setback requirements for the zoning district. Per the Site Plan, revised April 24, 2026, at the closest point, the barn will be located —50 feet from Traders Lane and —189 feet from Denver Drive. All existing trees along Traders Lane and the northern boundary will be retained. There were no public comments in favor or in opposition to the petition. Bk 37710 Pg319 #26052 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition ##: 5236 Date: June 29, 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: Sidney K. Horton Affecting the rights of the owner with respect to land or buildings at: 12 Denver Drive, West Yarmouth, MA (formerly known as 4 & 12 Denver Drive); Map 38, Parcel 11; Zoning District: R-25; Title: Book 37320, Page 247 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 A CMS 74'�.C-lt I PT N C7 :. �: �y Bk 37710 Pg320 #26052 Based on the size of the lot and the proposed positioning of the barn, the Board concluded that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. A motion was made by Mr. Manton and seconded by Mr. Scanlan to grant the Special Permit. The members voted as follows: Mr. Manton -AYE; Ms. Murphy -AYE; Mr. Scanlan -AYE; Mr. Scali-AYE; Chairman Igoe -AYE. The motion was voted 5-0 in favor. Therefore, the Special Permit was granted. A motion was made by Mr. Scanlan and seconded by Mr. Mantoni to allow the petitioner to withdraw the request for a Variance without prejudice. The members voted as follows: Mr. Mantoni: AYE; Ms. Murphy: AYE; Mr. Scanlan: AYE; Mr. Scali: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the request for a Variance was withdrawn without prejudice. 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 Cleric. 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 #5236 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 .SUN 2 9 2026 OARNSTABLE REGISTRY OF DEEDS John F. Meade, Register i ` TjL��I 1[.� rih�.'t_ �i • r p \;_�'ter_H,