HomeMy WebLinkAbout5032 2 Bass River Pkwy Decision RecordedBk 36255 P9151 08805
03-08-2024 & ell a 40cs
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
August 8, 2023
5032
July 13, 2023
PETITIONER: Dennis E. McKenna
For Title keference; see Book 30523, Page 342
PROPERTY: 2 Bass River Parkway, South Yarmouth, MA
Map 34, Parcel 276
Zoning District: RS40
Title: Book 30523, Page 342
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Martin, Jay Fraprie,
John Mantoni, and Barbara Murphy (Alternate).
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 Dennis McKenna who did a fine job of representing himself in seeking relief for
his property located at 2 Bass River Parkway, South Yarmouth, Massachusetts. This property is
located in an RS-40 zoning district and on a corner lot containing 21,780 square feet. The lot has 3
frontages on Bass River Parkway, South Street, and Posies Path.
The petitioner seeks either the grant of a Special Permit pursuant to §104.3.2(2) or a Variance
pursuant to §203.5 for front setback relief of 12 feet from Posies Path to build a 10' x 14' shed. The
petitioner also noted the documented support for the petition from 8 neighbors.
Because the property is located in a flood zone, fill was brought in, increasing the steepness of the
grade in all directions toward the house. In addition, the house has no basement. The primary
purpose for the shed would be the storage of bicycles for the petitioner's children, including the
petitioner's adult son, who attends Riverview School and uses a 3-wheeler bike.
The Board discussed a compromise between access to the driveway for the petitioner's son and
compliance with the front setback, with Mr. Martin noting that a typical lot in t ' gmjig district
would have a rear setback of 20 feet. ,..,*'A 1, - .-
Return to:
Dennis E. McKenna, Esq.
Riemer & Braunstein LLP
100 Cambridge St., 22nd Floor
Boston, HA 02114
.r
Tr�G+ .,,
3 �(
2 9 2023
Bk 36255 Pg152 #8805
A motion was made by Mr. Martin, seconded by Mr. Fraprie, to grant the request for a Variance
with the condition that the shed be positioned a minimum of 20 feet from Posies Path. The members
voted unanimously in favor of the motion, with the stated condition, as follows: Sean Igoe: Aye;
Dick Martin: Aye; Jay Fraprie: Aye; John Mantoni: Aye; Barbara Murphy: Aye.
A request was made to withdraw the request for a Special Permit, without prejudice.
Accordingly, a motion was made by Mr. Martin, seconded by Mr. Fraprie, to allow the petitioner
to withdraw the request for a Special Permit, without prejudice. The members voted
unanimously in favor of the motion as follows: Sean Igoe: Aye; Dick Martin: Aye; Jay Fraprie:
Aye; John Manton: Aye; Barbara Murphy: Aye.
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, a
Variance shall lapse if the rights authorized herein are not exercised within 12 months (See
bylaw § 103.2.5, MGL c40A § 10)
S::_
Sean Igoe, Vice Chair
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 #5032 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
AUG Z 9 2023
r )r
kT;t b fi' �
R -'600,A7ST:
`2,9. 2023