4956 74 Capt Wright Rd Decision TC Certified 07.13.22TOWN OF YARMOUTH
G BOARD OF APPEALS
0 y DECISION
FILED WITH TOWN CLERK: June 9, 2022
PETITION NO: 4956
HEARING DATE: May 26, 2022
PETITIONER:
PROPERTY:74 Captain Wright Road, South Yarmouth, MA
Map 77, Parcel 19
Zoning District: R-40
Title: Book 30169,Page 46
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe,Megan Homer,
Jay Fraprie,and Richard Martin.
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 hea ' end pub yg in The
Cape Cod Times,the hearing opened and held on the date stated above.
The petitioners are Michael Vicens and Sandra McGinnis of 74 Captain Wright Road, South Yarmouth,
MA. This property is located in a Zoning District R-40 and the petitioners seek to add a deck measuring
25 feet wide by 14 foot deep on the rear of their home which will encroach into the side setback. The
petitioner did a very fine job of representing himself and the merits of the petition. The deck, if
constructed will be 7.5 feet from the easterly sideline of the lot. Speaking in favor of the petition was
Mr. O'Neill and speaking in opposition to the petition was Mr. Garland who, as the most affected
neighbor, felt that the addition would be too close to the sideline of his property. No exhibits were
received at the hearing.
Contrary to Mr. Garland's assertion,the Board did not believe that the grant of a Special Permit would
result in any undue nuisance, hazard nor congestion nor would it be a substantial detriment to the
existing or future character of the neighborhood or town. In truth, the petitioners could put a patio on
the exact same footprint of the proposed deck and would need no relief to do so. Alternatively, they
could use no deck but enjoy their property to the same extent that they would on a deck. Therefore, no
undue nuisance, hazard nor congestion would, in the Board's opinion, result should the Special Permit
be granted.
A motion was made by Mr. Martin, seconded by Mr. Fraprie to grant the Special Pe.kinit,without
conditions and on this motion a roll call vote was taken and all parties, inclusive,Mr. Igoe who
appeared by Zoom voted in favor of the motion and so the Special Permit was`granted on a vote of 5-a J
0. The members voted as follows:
kTRUE COPY ATTEST
66dltwi-a--f
cm, G,(CAltgl.'PQINN CLERK
JUL 13 NM
Mr. Igoe AYE
Ms. Homer AYE
Mr. Fraprie AYE
Mr. Martin AYE
Mr. DeYoung AYE
As to the request for relief by variance, in light of the Special Permit, the petitioner requested that the
variance petition be withdrawn, without prejudice and on a motion made by Mr. Martin, seconded byMr. Fraprie, the Board, by roll call vote, allowed that the requested relief be withdrawn. The membersvotedasfollows:
Mr. Igoe AYE
Ms. Homer AYE
Mr. Fraprie AYE
Mr. Martin AYE
Mr. DeYoung AYE
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. AppealsfromthisdecisionshallbemadepursuanttoMGLc40Asection17andmustbefiledwithin20daysafterfilingofthisnotice/decision with the Town Clerk. Unless otherwise provided herein,theSpecialPermitshalllapseifasubstantialusethereofhasnotbegunwithin24months. (See bylaw103.2.5, MGL c40A §9)
Steven DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days haveelapsedsincethefilingwithmeoftheaboveBoardofAppealsDecision #4956 that no notice ofappealofsaiddecisionhasbeenfiledwithme, or, if such appeal has been filed it has beendismissedordenied. All appeals have been exhausted.
TU4e 1411)(144
Mary A. Maslowski
JUL 1 3 2022
ot- `R COMMONWEALTH OF MASSACHUSETTS
0` TOWN OF YARMOUTH
la, BOARD OF APPEALS
Petition #: 4956 Date: June 30, 2022
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:
Michael Vicens and Sandra McGinnis
Affecting the rights of the owner with respect to land or buildings at: 74 Captain Wright Road, South
Yarmouth,MA; Map #: 77; Parcel#: 19; Zoning District: R-40; Book 30169, Page 46 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.
6C., tesittrz)...,..
Steven S. DeYoung, Chairman
A TRUE COPY ATTEST:
W14-tht(-414
CMM /(Mt/TOWN CLERK
JUL 1 3 2022