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Home My WebLink About5234 119 Highbank Rd Decision RecordedYRRHOUTH Tt]WR CLERK 6It 37729 PoInj 07-b&W-W OY 2026 a -* 2 -/ 5 95 38ro 'k,t�r em FILED WITH TOWN CLERK: PETITION NO. NEARING DATE: PETITIONER & PROPERTY OWNERO PROPERTY LOCATIONO TOWN OF YARN40UTH BOARD OF APPEALS DECISION June, $, 2026 5234 May 28, 2026 Daniel R. Charette and Kathleen M. Charette 119 H'Ighbank Road, South Yarmouth, MA Map 80, Parcel 128 Zoning District: R-40 Sauk 32974 Page 65 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, John M anton j"? Barbara Murphy, Timothy Scanlan, and Richard Scali Notice c f the hearing has been given by sending notice thereof to the Petitioner and all those owners a f property as required by law, and to the public by posting notice of the hearing and publishing in The Cape Cod �`imes, the hearing opened and held on the date stated above. The petitioner is Dam el and Kathleen Charette with respect to property located at 119 H i szhban k moau., South Yarmouth, Massachusetts, which property is property contains �2l ,780 square feet o f area. located j'n an R-40 zoning distri ct. The The petitioner seeks rel i e f to replace a I &=rX 12' 0 deck with a 12x I4' sunroom, The property is a comer lot on H -1 ghb ank and Sheridan Roads with one side setback and two frontS etbacks. In s zoning distn1ct, a 3d-foot setback from the front lot line is required. Per the Site Plan, dated September 13, 2025 0 at the closest point, the ex approximately twenty (20) feet From Sheridan Road, while t approximately fifteen ( 15) feet from Sheridan Road. fisting deck is he proposed sunroona would be, There were no public comm ent s in favor or in opposition to the petition. • -&.&ieea.��.V ERK aril elated the tnangular shape of the dot and the location of the septic system on the Because a corner o f the ex 11 stl' n R d welling is 229 feet IL -P petitioner is not creatill g a neN%m nonconfunnity. The Board concu ed that no unduc nuisance., hazard or conges will be no substantial harm tc� the ��tahlished or future characte frorn Sheridan Road, the tion 4��ill he created and that therer of the neighborhood or town. A otion was made by Mr. Scanlan and seconded bv Mr. N4antonj to grant the Special Permit. The members voted alq follows: N-1r. Scale : Al-�: Chairman Igoe: Penni't xvas, uanted,. AYE. i%elantoni: AYE; Ms. MUrphy: AYE; Mr- Scanlan: AYFr Mr. The motion was voted 5-O in favor., Therefore-. the Special .a motion was made bv Mr. Mantoni and seconded bvy Ms. M-urphy to allow the petitioner to I tild T-aNN- the request for a Variance wi'tho ut prejudice. The members voted asVIN folls: Mr. NAan�vsii: A'YrE; AAay. XAurphy: AYE; Mr. Scanlan: ACE Scale: A V1F Chairman Y cro e! AYE. Th e, motion was voted 5-O in favor. Th ere t ore a variance was withdrawn %\--imthout prejudice. Mr. 15 the request far No permit shall issue until )...0 days from the fi ling o f this decision with the Town Clerk from this decision shall h e made pursuant t o M G L c40A section 17 and must b e, filed days after tiling of this noticeldecision with the Town Clerk. Unless otherwise provided herein, ' " " ' if a substantial use inereo Y nas not Degun within L.,+ months. (See bylaw §1Q3.2.�, MG L c40A §9) w the special rermit snan lapse Sean ague, Chairman CERTIFICATIQN OF TOWN CLERK . Appeals ithin ?0 I, Mary A. Maslowski, Town Clerk, To 44�n o f Yarmouth, do hereby certi' fy that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #5234 that no notice of appeal of said decision has been fled with me, or, if such appeal has been flied it has been 0 dismissed or denied. All appeals have been exhausted., Mary A. Maslowski" MMC, CMMC JUN 2 9 2026 BARN.STABLE REGISTRY OF DEEDS John F. Meade, Register 4%j 1r.. I F. q� 7 petotion #: 5234 COMMONWI-4 rA j_,rj-ij._j OF MASSACHUSETTS 1'(.)WN ()F YARMOU F1 130ARD OF APPEALS Date: June 29,, 2026 Certi'ficate of Granti* of a Speci al Permit (General Laws Chapter 40A, Section 11) The'Board of Appeals of the Town of YanTiouth Massachusetts hereby certifies that a Special Permit has been g,aiited to.. PETIT110NER & P�OPERTY OWNER: Daniearet..and Kathleen Mv Charet te Affecting the rights of the owner with respect to land or buildings at-. 119 HI*ghbank Road, South Yarmouth, MA; Map $0, Parcel 128; Zoning District: R-4Q; $oak 32974 Fage G5 and the said Board of Appeals further certifies that the dectillIpon attached hereto is a t rue and correct copy of itsdecision granting said Special Permit, and copies of said decision, and of all plans referred tv in the decision, have been iled 0. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 {last parag�'aph} and Section 13, provides that n Special Permit, of any extension, modification or 0 renewal thereof, shall take effect until a copy o f the decision bearingcifi the ertcatiota o f the Town Clerk that twenty (Z�) days have e�apse�i after the decision has been filed in the office of the Town Clerk and no al peal has been filed or that, if such appeal has been Fi]ed, that i I as I een dismissed or denied, is recorded in the egi s o f D eeds for e county and district in which the an is located and indexed i n the granter index under the name of the owner of record or i's recorded and note. an the owner's certificate o tit e nr s„P.h recording or registering skull be paid b the owner or icant, Sean oe, Chairman a 1 � c•c��*�i 0 t 9 "yr-- t � ' Ao� J ■ 1 r 1P MIS IL a�.ft Ell � �