HomeMy WebLinkAbout5027 213 Old Main St Decision Recorded'8k 35894 Ps 145 028351
07-18-2023 of 48:33a.
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
June 26, 2023
5027
June 8, 2023
Donald and Judith Sullivan
213 Old Main Street, South Yarmouth, MA
Map 51, Parcel 37
Zoning District: RS40
Title: Book 33383, Page 154
YARMOUTH TOWN CLERK
123JUN26AH9:26 REC
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Fraprie,
John Manton and Sean Igoe
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.
Donald and Judith Sullivan seek relief by way of Variance for side setback relief in order to
proceed with the building of an addition. The addition will be added to their existing home at 213
Old Main Street, South Yarmouth, Massachusetts which property is in a RS-40 zoning district.
Both Erin Sullivan, daughter of Donald and Judith Sullivan, and her husband, Chris Pedersen,
did a fine job of presenting the merits of the relief sought, on behalf of the petitioners who were
also present.
While the petitioners' property sits on a fairly large lot, it is angled in such a way that it would be
difficult to build an addition along the easterly property line without needing some form of relief.
The existing structure is 2 1. 1 feet from the property side line to the east. In order to keep the
addition in line with the existing structure, and because of the fact that the house is not square to
the lot, the addition will reduce this distance at its closest point to 19.6 feet.
The petitioners, Donald and Judith Sullivan, were eloquent in their explanation that they would
occupy the addition, so that their daughter and son-in-law could live with them as their needs for
assistance grew due to their age. The addition is modest, and does not substantially increase the
sideline encroachment. =-
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After Board discussion, it was generally found that the petitioners met the requirements of bylaw
§ 102.2.2, and that literal enforcement of the bylaw would cause these petitioners hardship as
they advance in age, the location of the house, at an angle is what requires relief, and such relief
can be granted, without substantial detriment to the public good or nullification or derogation
from the intent or purpose of the bylaw.
So concluding, the matter was then placed for a vote on a motion made by Mr. Martin, and
seconded by Mr. Fraprie, to grant the Variance as requested by the petitioner and without
condition. The Board voted 5-0 in support of this motion and the Variance was therefore granted.
No permit shall issue until 20 days from the filing of this decision with the Town Cleric. 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, a
Variance shall lapse if the rights authorized herein are not exercised within 12 months (See bylaw
§ 103.2.5, MGL c40A § 10)
Steven DeYoung, 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 #5027 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.
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Mary A. Maslowski
JUL 17 2023
A TRUE COPY ATTEST.
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