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Home My WebLink About2003 Oct 08 - Board of Appeals Decision - Petition #3862 Y �l 1 A.,� !I l',f�//�----. � �� 9k ��c'>ziir .. i : � '�s 5�� ,,� �, TOWN OF YARMOUTH , - , � . _ '" BOARD OF APPEALS ' � `�� DECISION � 'y- 4 y ✓ - ..Y '„LH4' . . . , FILED WITH TOWN CLERK: October 8, 2003 , i , _ , ._,f „ , PETITION NO. #3862 HEARING DATE: September 25,2003 r� � � � ° ` - PETITIONER: PatrickJ. & Caroi Walsh ��T � 9 �n^; NEA PROPERTY: 15 Lewis Bay Road, West Yarmouth LTH Dt - Assessors Map: 17, Lot: 61,(13/N34) Zoning District: R25 MEMBERS PRESENT AND VOTING: David Reid, Chairman, John Richards, Joseph Samosky,Sean Igoe, Diane Moudouris, and Forrest White,Alternate. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the heazing and published in T'he Register, the heazing was opened and held on the date stated above. The petitioner seeks a Special Pernut under bylaw §1043.2 and or Massachusetts General Law c40A §6, in order to raze sud replace a pre-eacisting non-confornvng single-family home. The lot in question contains approafimately 6,600 square feet of area. It is located in the R25 zone. The earisting structure is also non-confornung in that it e�ctends to within 2.6' of its sideline on the � west, and 10' on the east. . The petitioner proposes to demolish the e�cisting single story one-family home, and replace it with a two(2)story one-family home. It will be located centrally on the lot, conforming to front and rear setbacks, and leaving 1 P of side yazd on each side of the house. It will remain a three (3)-bedroom home. Sufficient pazking will be provided. A non-conforming shed will be removed from the back yazd. Questions were raised conceming an open "sitting area" proposed for the second floor, and a "den" on the first floar. The petitioner represented that neither would or could be used as additional bedrooms. The "sitting atea"has an open wall, opening to the stairway and hall. T'he den also has an open archway to the &ont hallway. The Board finds that, as represented, the proposal meets the requirements of the bylaw, §1043.2(2), as recently amended. While physically larger and taller, the new building would be more conforming then the present, and is planned for the site in an appropriate location, maacimizing available setbacks. Provided it remains a three (3)-bedroom home, it will not be substantially more detrimental to the neighborhood then the pre-existing non-conforming structure. 1 �7��'�'a:��'V�� , Accordingly, a motion was made by Mr. Richards, seconded by Mr. Igoe, to grant the Special , Permit, per §1043.2(2), to allow the replacement ofthe single family home, as proposed on the petitioner's plans (by Terry Luff, Architect, undated but received by the Boazd on August 12, , 2003, Sheets Althru AS), on the following conditions: 1, the reaz screen porch remains an unheated screen porch, 2. the den(first floor)and sitting area(second floor)remain as such and not be converted or used as additional bedrooms; it shall remain a three(3)bedroom home, 3. the shed to the rear(eatisting) will be removed, 4. a confornung as-built certified site plan will be prepared and filed with the Board and building department before the issuance of the building/construction pernut, (showing setback conforming to the petitioner's plan, 32' frontage, 26' reaz, and ll' side setbacks, 5. the bullchead shown on the building plans (to the easterly side of the house) will be relocated to the rear, and 6. no further akerations or expansion of the home will be allowed without pernussion of the Boazd, by way of modification of this Special Pernvt (this condition will not pmhibit maintenance and repairs, but will require relief from exterior or interior alterations beyond the use and structure being approval). No pemut 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) Unless otherwise pmvided herein, a Variance shall lapse ifthe . rights authorized herein are not excised within 12 months. (See MGL c40A §10) • � f, �_��{ David S. Reid, Clerk � 2 �ii.�i�+�'1��